This copy of the will on record for Daniel R Carroll is provided courtesy of Russell B. Guerin, Historian - russguerin.com. Transcription by Cheryl Carroll.
Last Will of D R Carroll, Deceased
To the Honorable the Civil District Court for the Parish of Orleans.
The petition of Stanley O. Thomas, Thomas L. Airey, Thomas W. Castleman, Charles V. Carroll & Emma McLearn, all of the City of New Orleans respectfully shows
That Daniel R. Carroll, also of said city, died at his domicile here on February the third 1894 as from the annexed certificate of its Recorder of Deaths, made part hereof more fully will appear.
That the deceased left a last will, in olographic form of date November 26, 1892, by which he appointed and constituted all of your petitioners above named as his testamentary executors without bond.
That your petitioners are willing to accept the office of testamentary executors and desire that letters testamentary may issue accordingly.
That the said testator left property real and personal in this city and state of which it is necessary to have an inventory made.
That there are no minor heirs of the deceased.
That your petitioners present herewith the said last will of the deceased for probate & execution.
Wherefore your petitioners pray that the said last will of Daniel R. Carroll be admitted to probate & be ordered to be executed, that your petitioners be confirmed as testamentary executors without bond and that letters testamentary issue to them in due course and that an inventory of the property of the succession of the deceased be made by N. B. Trish, notary public in this city.
And your petitioners pray for all other orders as may be necessary and for general relief.
(signed)
E. M. Hudson
Atty for Petrs.
New Orleans La.
Feby 12, 1894
Order.
Let the Last will & Testament of the deceased be proved before me forthwith.
New Orleans February 12, 1894
signed Geo. H. Heard
Judge
Order.
Let the petitioners herein be confirmed testamentary executors of the late Daniel R. Carroll and let letters as ?such? issue to them on taking the oath required by law and let the inventory within prayed for be taken by N. B. Trish, Notary Public, according to law.
New Orleans February 12, 1894
(signed) Geo. H. Heard
Judge
Ne Varietur New Orleans 12 Feb 1894
(signed) Geo. H. Heard Judge
Will.
New Orleans November 26 1892
I, D. R. Carroll of New Orleans state of Louisiana being sound in mind & body do make this my last & only olographic will.
As ?the? allows me to control a portion of my estate I hereby give to Emma McLearn my grand daughter $10,000 say Ten Thousand Dollars to be paid her out of my estate for her kindness to her grand mother during her illness.
The balance of my estate I leave to my children all to share alike.
My deceased daughter Mrs Emma McLearn left three children viz: John G. McLearn, Emma McLearn and Blanche McLearn who will inherit their mother's share.
I hereby appoint my son Charles V. Carroll and my sons in law viz: Stanley O. Thomas, Thomas L. Airey, T. W. Castleman & Miss Emma McLearn as executors of my estate all without security.
Written & dated in my own handwriting this twenty sixth day of November 1892.
(signed) D. R. Carroll
Various pieces of furniture ??? left by Mrs Carroll to Emma McLearn must be delivered to her.
In the memorandum book herewith is an account of those children to whom I have paid moneys to & which must be deducted from their interest this includes my grand son Jno. G. McLearn.
Ne Varietur - New Orleans 12 Feby 1894
(signed) Geo. H. Heard Judge
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Probate.
Be it remembered that on this 12th day of February in the year of our Lord One thousand eight hundred and ninety four and the 118th of the Independence of the United States of America.
Upon the application of Stanly O. Thomas & others and pursuant to my decree bearing ?even? date herewith. Before me Geo. H. Heard Judge of the Civil Dist Court for the Parish of Orleans, personally came and appeared Joseph A. Airey, David J. Mulligan, witnesses who being duly sworn were by me presented with an instrument of writing written in two pages of a single sheet of legal cap paper beginning with the following words, "New Orleans November 26th 1892" and ending with the following "which must be deducted from their interest this includes my grand son Jno G. McLearn" and purporting to be his olographic Last Will & Testament which being by me exhibited to the aforesaid witnesses was by them recognized and declared to be entirely written dated and signed by the testator the said Daniel R. Carroll which they attest as having often seen him write and sign during his lifetime and the said appeared did herewith set their hands after due reading hereof in the day, month and year first above written.
(signed)
Jos. A. Airey
D.J. Mulligan
Sworn to and subscribed before me this twelfth day of February 1894
(signed) Geo. H. Heard
Whereupon I the said Judge do hereby declare the said Olographic last will and testament to be truly proved and having read the said will in a loud and distinct voice to the aforesaid witnesses and in the presence of ??? F. A. Ducoing and R. E. Saucier all present in court and after having signed the said will ne varietur at the beginning and end of each page thereof do now order the same to be deposited and recorded in the office of the clerk of the Civil District court for the Parish of Orleans and that the execution thereof.
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