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F Cezar's will

F Cezar's will

Posted: 16 Oct 2011 3:28PM GMT
Classification: Query
Surnames: Boutte
Recently we saw a publication "Boutte; la famille Boutte, ..." by Timothy McCroskey (1993) in the St. Martinville library. It had a copy of F Cezar's will, about 4 pages long. Didn't get to read it all and didn't have time to copy it. We live near Houston, TX and it may be a while for next visit. I can't find a copy of this publication anywhere. Does anyone know how/where to get a copy of Cezar's will? Copies of Hilare's will are in several places on the net but I've never seen any evidence of Cezar's. Thanks, Rob

Re: F Cezar's will

Posted: 22 Dec 2011 6:27PM GMT
Classification: Query
I would love to see this also.

Re: F Cezar's will

Posted: 30 Jan 2012 7:55PM GMT
Classification: Will
We finally got back to the St Martinville library. For those
who may be interested, here it is:

The following is from "La Famille Boutte" by
Timothy McCroskey, 1993, found in St. Martinville, LA
public library GEN 929.2. The will of Francois Cesar
Boutte is just one of many interesting items on the
Boutte family found in this work.
By Rob Peterson, 2012 Jan 30.


The following is the english (sic) translation of the last
testament of Francois Cezard Boutte.

#158. FRANCOIS CEZAR SOUTTE, PERE, DEC. - 8
OCT. 1827. DECEDENT'S SUCCESSION IN THE
PARISH OF IBERVILLE, LA., EST. #320, SHOWS THAT
HE DIED 3 SEPT. 1827 AT THE RESIDENCE OF HIS SON-
IN-LAW, CHARLES MEYER, IN IBERVILLE PARISH. SEALS
WERE PLACED ON DECEDENT'S PERSONAL EFFECTS THERE
TWO DAYS LATER BY JOHN A. HAASE, JUSTICE OF THE
PEACE FOR IBERVILLE PARISH, AND CHARLES MEYER WAS
APPOINTED THEIR GUARDIAN. INVENTORY WAS TAKEN OF
DECEDENT'S PROPERTY IN THAT PARISH BY JOHN DUTTON,
JUDGE. HIS WILL WAS PROBATED IN IBERVILLE PARISH
25 SEPT. 1827. IT WAS TRANSLATED FROM THE FRENCH
BY VIRGINIA KOENIG OF THE FOREIGN LANGUAGE DEPARTMENT
OF THE UNIVERSITY OF SOUTHWESTERN LOUISIANA,
LAFAYETTE, LA., AND IS GIVEN IN FULL HEREWITH.

THIS IS MY WILL

I, THE UNDERSIGNED, FRANCOIS CESAR BOUTTE,
INHABITANT OF THE PARISH OF ST. MARY, IN THE
COUNTY OF ATTAKAPAS;

CONSIDERING MY ADVANCED AGE AND THE UNCERTAINTY
OF THE LENGTH OF THIS LIFE, BEING AT
THIS MOMENT WEAK IN BODY, WITHOUT HOWEVER BEING
ILL, BUT WELL IN MIND, JUDGMENT AND UNDERSTANDING,
I THOUGHT THAT IT WAS PRUDENT NOT TO WAIT TO THE
LAST MOMENT TO PUT MY AFFAIRS IN ORDER, IN ORDER
TO AVOID DISPUTES WHICH COULD ARISE CONCERNING MY
INHERITANCE;

CONSEQUENTLY, I HAD ONE OF MY FRIENDS COME
WHOM I ASKED T0 WRITE WHAT I DICTATED FOR MY WILL,
JUST AS IT FOLLOWS;

I WISH AND ORDER THAT AFTER MY DEATH ALL MY
LEGITIMATE DEBTS BE FIRSTLY PAID AND SETTLED FROM
THE PROCEEDS OF MY INHERITANCE AND INDEPENDENTLY
OF WHAT I OWE TO MR. AGRICOLE FUSELIER, BY AGREE-
MENTS. I WISH AND ORDER THAT ALL WHICH HE WILL BE
ABLE TO CLAIM AS BEING DUE TO HIM FROM ME, FOR NO
MATTER WHAT REASON, BE EXACTLY PAID;

ITEM. WHEREAS THE SLAVES WHICH I POSSESS COULD
NOT BE CONVENIENTLY DIVIDED AMONG MY HEIRS, BY
REASON THAT SOME ARE WORTH MORE THAN OTHERS, AND
THAT THIS DIVISION COULD BE A CAUSE FOR DISPUTES,
AND PERHAPS EVEN FOR LANSUITS AMONG MY HEIRS; THIS
IS WHAT I WISH TO AVOID; CONSEQUENTLY, I WISH AND
ORDER THAT ALL SLAVES WHICH BELONG TO ME ON THE
DAY OF MY DEATH, WITH THE EXCEPTIONS OF THE NEGRESS
AND THE LITTLE MULATTO OF WHOM I SHALL SPEAK LATER
ON, BE SOLD AT PUBLIC AUCTION, UNDER THE MOST
ADVANTAGEOUS TERMS AND CONDITIONS THAT THE STATE OF
MY AFFAIRS WILL ALLOW; AND THE PROCEEDS OF THE SALE
OF THE SAID SLAVES DIVIDED AMONG MY HEIRS,
ACCORDING TO THE ORDER NOTED IN MY WILL.

ITEM. I WISH AND ORDER THAT THE REMAINDER OF
MY POSSESSIONS WHICH WILL BELONG TO ME ON THE DAY
OF MY DEATH WHICH I SHALL NOT HAVE OTHERWISE DISPOSED
OF, BE BY THIS WILL OR BY FORMER ACTS NOT
CONTRARY TO THE DISPOSITIONS CONTAINED IN THE
PRESENT WILL, BE DIVIDED AMONG MY HEIRS, IF THE
DIVISION IS PRACTICABLE, IF NOT SOLD [LINE MISSING].

ITEM. I DECLARE THAT THE HOUSE OCCUPIED BY
MADAME BARON, MY DAUGHTER, AS WELL AS A WAREHOUSE,
BOTH CONSTRUCTED ON MY LAND, ARE HER LEGITIMATE
PROPERTY, AND THAT I HAVE NO RIGHT TO IT, CONSIDERING
THAT SHE HAD THEM BUILT AT HER OWN EXPENSE OF MATERIALS
BELONGING TO HER.

ITEM. I DECLARE THAT THE NEGRO NAMED PHUEL [?]
BELONGS TO THE HEIRS OF THE LATE THERESE BOUTTE,
MY DAUGHTER, SPOUSE OF MR. CHARLES MEYER; THE
SAID NEGRO PHUEL HAVING BEEN GIVEN BY ME AND BY
MY LATE SPOUSE JOINTLY, TO THE SAID THERESE, OUR
DAUGHTER, IF SHE WERE ABLE TO SAVE HIM WHEN HE WAS
A YEAR OLD AND DYING; AND IF HER HEIRS POSSESS HIM
NOW, THEY OWE HIM RATHER TO THE GREAT CARE THEIR
LATE GRANDMOTHER TOOK OF HIM THAN TO MY GENEROSITY AND
THAT OF THEIR LATE GRANDMOTHER; IN THE CASE THAT
MY OTHER HEIRS WOULD CONTEST THIS TO THE CHILDREN
OF MY NAMED DEAD DAUGHTER, WHICH I KNOW IS VERY
FAR FROM PROBABLE, I WISH AND DECLARE THAT THE
SAID NEGRO PHUEL REMAIN IN THE COMPLETE POSSESSION
OF THE CHILDREN OF MY LATE DECEASED DAUGHTER, BY
MAKING TO THEM A DONATION OF HIM, PURE AND SIMPLE,
BOTH TO TITLE OF THE ADVANTAGES AND [HORS PART]
WITHOUT PREJUDICE TO THEIR RIGHTS IN MY WILL; THE
VALUE OF THE SAID NEGRO WILL HAVE TO BE CHARGED TO
THE THIRD OF MY GOODS OF WHICH THE LAW ALLOWS ME
FREE DISPOSITION.

ITEM. I DECLARE THAT THE NEGRO PAUL SOLD BY
ME TO HORTENSE BOUTTE, MY DAUGHTER, IS INDEED HER
PROPERTY; THE FUNDS WITH WHICH I PAID FOR THE
SAID NEGRO WHEN I GAINED POSSESSION OF HIM WERE
GIVEN TO ME BY HER.

ITEM. I DECLARE THAT A CERTAIN TRACT OF LAND
SITUATED IN FAUSSE POINT, AND WHICH MR. CHARLES
MEYER ACQUIRED FROM MONSIEUR DUFOUCHARD BELONGS
TO ME, I HAVING ACQUIRED HALF OF IT FROM THE SAID
MEYER, AND HAVING PAID HIM HIS PRICE HE MADE OVER
TO ME THE ACT OF PURCHASE FOR IT UNDER SIMPLE
CONTRACT, WHICH HALF PORTION OF LAND I WISH AND
DECLARE TO BE SOLD AND THE PROCEEDS OF THE SALE
DIVIDED AMONG MY HEIRS, IF THE SAID LAND IS NOT
SUITABLE TO BE DIVIDED; BUT IF IT IS SUITABLE TO
BE DIVIDED, I WISH AND ORDER THAT IT BE DIVIDED
IN KIND.

ITEM. I DECLARE THAT DURING THE LIFETIME OF
MY LATE WIFE, WE JOINTLY MADE THE DIVISIONS
AMONG OUR CHILDREN OF THE LANDS WHICH BELONGED TO
US; THESE DIVISIONS IN SO FAR AS NEEDED, I APPROVE
AND CONFIRM AGAIN BY MY PRESENT WILL, DECLARING
FORMALLY THAT I WISH AND UNDERSTAND THAT THEY BE
FOREVER IRREVOCABLE

ITEM. WELL PENETRATED BY THIS TRUTH NEVER
CONTRADICTED THAT GRATITUDE IS ONE OF THE FIRST
DUTIES OF A WELL-THINKING MAN, CONSEQUENTLY IN
RECOMPENSE FOR THE GOOD AND FAITHFUL NEVER-ENDING
SERVICES RENDERED TO ME AND TO MY LATE WIFE BY MY
NEGRESS MARIE LOUISE, MORE USUALLY KNOWN TO US BY
THE NAME OF LOUISE, AND CONFORMING TO THE INTENT-
TIONS AND RECOMMENDATIONS OF MY LATE DECEASED WIFE
WHICH WILL ALWAYS BE PRESENT IN MY MIND, I WISH
AND ORDER THAT AFTER MY DEATH, AND ONLY WITH THE
DELAY NECESSARY SO THAT THE FORMALITIES ORDAINED
BY THE LAW MAY BE FULFILLED, THAT THE NAMED
NEGRESS LOUISE BE FREED OF ALL BONDS OF SLAVERY
AND MADE CAPABLE OF ENJOYING THE FULLNESS OF
LIBERTY, GIVING HER FROM THIS DAY BY MY PRESENT
WILL, FULL AND ENTIRE LIBERTY BUT UNDERSTANDING
NEVERTHELESS THAT SHE MAY ENJOY IT ONLY AFTER MY
DEATH; TO CARRY OUT ALL THAT, I PRAY MY WILL
EXECUTORS HEREAFTER NAMED, TO ACT WITH ALL
NECESSARY DILIGENCE IN ORDER THAT THE SAID NEGRESS
LOUISE BE FREED ACCORDING TO THE FORMS REQUIRED BY
LAW; AND THAT THE EXPENSES WHICH RESULT FROM HER
FREEDOM BE CHARGED TO MY ESTATE.

ITEM. I GIVE AND BEQUEATH TO SAMUEL CHARLES
MEYER, MY GRANDSON [THE BOY'S NAME WAS CHARLES
CHRISTIAN MEYER], MY SLAVE, A SMALL MULATTO NAMED
JEAN BAPTISTE, SON OF THE NEGRESS NAMED MARGUERITE,
PRESENTLY ABOUT 18 MONTHS OLD, IN ORDER TO BE
ENJOYED, KEPT OR DISPOSED OF BY MY SAID GRANDSON,
IN USUFRUCT, EFFECTIVE FROM THE DAY OF MY DEATH,
APPOINTING HIM FOR THIS PURPOSE MY LEGATEE IN A
PRIVATE CAPACITY, BUT IN USUFRUCT ONLY.

ITEM. I GIVE AND BEQUEATH TO FRANCOIS CESAR BOUTTE
[SON OF TESTATOR'S SON OF THE SAME NAME],
MY GRANDSON, MY GOLD WATCH, TO ENJOY, TO KEEP AND
TO DISPOSE OF WITH COMPLETE OWNERSHIP, APPOINTING
HIM FOR THIS PURPOSE MY LEGATEE IN A PRIVATE CAPACITY.

ITEM. WHEREAS A LONG TIME AGO I GAVE A SILVER SOUP SPOON
TO EACH OF MY TWO CHILDREN, FRANCOIS CESAR BOUTTE AND
THERESE BOUTTE, AND THAT MY DAUGHTER HORTENSE BOUTTE
HASN'T RECEIVED ONE OF THEM, CONSEQUENTLY, WISHING
THAT THE GREATEST EQUALITY BE OBSERVED AMONG MY CHILDREN,
I GIVE AND BEQUEATH TO THE SAID HORTENSE THE SILVER
SOUP SPOON WHIGH IS PART OF THE SILVERWARE WHICH I
POSSESS PRESENTLY, AND IF THE AFOREMENTIONED SPOON
NO LONGER EXISTS AT THE MOMENT OF MY DEATH, I WISH AND
ORDER THAT SHE RECEIVE THE VALUE OF IT.

ITEM. l DECLARE THAT CONSEQUENTLY FOR A PORTION OF THE
COMMON GOODS OF MYSELF AND MY LATE WIFE I WAS A DEBTOR
TO MY SON FRANCOIS CESAR BOUTTE FOR THE SUM OF 300
PIASTRES [SPANISH DOLLAR,PIECE OF EIGHT] BUT SINCE
HAVING PAID TO HIS ACCOUNT THE SUM OF 250 PIASTRES
TO MR CHARLES CLIVIER, TO WHOM HE OWED IT, I ACTUALLY
OWE HIM ONLY 50 PIASTRES,

ITEM. I BEG THE EXECUTORS OF MY WILL ASSISTED BY MR.
PAUL BRIANT, OUR MUTUAL FRIEND, AS SOON AS IT WILL BE
POSSIBLE FOR THEM AFTER MY DEATH TO EXAMINE CAREFULLY
ALL MY PAPERS IN ORDER TO SEPARATE THOSE WHICH CAN BE
USEFUL FROM THOSE WHICH DO NOT SERVE THE WILL, TO DESTROY
THE LATTER, AND TO MAKE AN INVENTORY AND PRESERVE THE
FORMER.

ITEM- l NAME AS EXECUTORS OF THE PRESENT WILL
MESSIEURS FREDERICK PELLERIN, CHARLES OLIVIER, AND
AGRICOLE FUSELIER, WHOM I ASK TO BE WILLING TO SHOW
ME THIS LAST PROOF OF THEIR FRIENDSHIP; AUTHORIZING
THEM TO ACT JOINTLY AND SEPARATELY, THAT IS TO SAY,
SEPARATELY IN THE CASE WHEN TWO OF THEM COULD NOT OR
WOULD NOT ACT, THEN THE ONE OF THE THREE WHO WOULD REMAIN
WOULD ACT ALONE, WHILE CONSULTING WITH MY TWO FRIENDS,
MESSIEURS SOLANGE SOREL AND PAUL BRIANT.

ITEM. I REVOKE ALL WILLS AND CODICILS WHICH I MADE BEFORE
THE PRESENT ONE, TO WHICH ALONE I WILL ASSIGN MY FINAL WISHES.

PREPARED IN SAINT MARY PARISH, AT MY HOME, IN 1826
THE SIXTEENTH DAY OF THE MDNTH OF MAY, AND I
HAVE HERE SIGNED WITH THE GENTLEMEN LOUIS DEBLANC,
CLAUDE FRILOT, ANDRE GAUFFREAU, VINCENT ARNAUD, AND
HUGUES DEBLAND, ALL FIVE RESIDENTS OF THIS PARISH, AS
WITNESSES REQUIRED BY ME IN CONFORMITY WITH THE LAW,
AFTER HAVING DECLARED TO THEM THAT THIS DOCUMENT CONTAINS
MY LAST WISHES, THAT I HAD NOT PREPARED IN THEIR PRESENCE;
AND AFTER THE READING OF IT HAD BEEN DONE TO THEM AS WELL
AS TO MYSELF, BY SIEUR ANDRE GAUFFRAU, ONE OF THE WITTNESSES,
OF ALL THE CONTENTS OF THE PRESENT ACT.

/S/ FRANCOIS CESAR BOUTTE
LOUIS DEBLANC, FILS
CLAUDE FRILOT
A. GAUFFRAU
V. ARNAUD
HUGUES DEBLANC.

Re: F Cezar's will

Posted: 21 Apr 2012 11:31PM GMT
Classification: Query
Thanks so much for posting this! I am fascinated by the Boutte family and wish I could get hold of that book!

Re: F Cezar's will

Posted: 22 Apr 2012 3:20PM GMT
Classification: Query
It's not a published book. It is his work in a binder. He duplicated it several times. A few libraries have it. Mine is in storage at the moment along with a copy of the original will that anyone can obtain from St. Martinville Parish Clerk's Office. (If I find it on my harddrive I'll try to post it). He submitted two of his binder's because of a wrong conclusion he made with Andrew Claude Boutte's slave. I think the second binder has a lineage wrong. This family takes a lot of time and careful linking due to the same/similar names everyone has. Tim's last known email Tim.McCroskey@tpcgrp.com.
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