Categories: Discrimination & Prejudice, Genealogy, History

Succession in the matter of
Onézime Élisé Thibodeaux,
late of rural St. Martin Parish.

Died 29 Dec 1873
#2859
Filed 6 Jan 1894
St. Martin Parish Clerk of Court

Télesphor [sic] Thibodeau petitions the St Martin Parish Court, to be named Administrator of the Estate of his father, Onézime Thibodeau, who married his mother, Elizabeth Locus lawfully on 23 December 1893, and from said union 8 children were born, to whit : Télesphor, your petitioner, Félicia, wife of Paul Thibodeau, Théléssia, wife of Pierre Arceneaux, all of age, and minors Hyppolite, Clarisse, Louisa and Charles. Petitioner avers that he is the natural and legitimate son of the deceased and by law, is entitled to be named as the Administrator of said estate, which consists of land, cattle, stock and movables.

Represented by Dan W. Voorhies, Attorney at Law.

Judge moved to publicly post the request of Télesphore Thibodeau, as the law requires, for ten days.

F. Voorhies, Judge of said Parish.

10 Jan 1894

Attorney for petitioner requests an inventory be made of the estate of the deceased.

18 Jan 1894

Anne Thibodeau, wife of deceased Charles Hébert, of the said Parish of St. Martin, petitions the said court, contesting the said request of Télesphore Thibodeau, averring that she is collateral and only living legal heir of her deceased brother, Onézime Thibodeau, who left no legitimate descendants or ascendants, only his siblings and their representatives, and as such, requests being named Administrator of his estate.

J. E. Mouton, her Attorney

19 Jan 1894

The petition of Thélissia [sic] Thibodeau, wife of Pierre Arceneaux, sister of Télesphore Thibodeau, that she is legitimate child of the deceased and had been previously legally adopted by the deceased by state Act of Adoption. That she is entitled to Administrator of the estate of her deceased father, jointly with her brother, Télesphore Thibodeau, instead of contestor, Anne Thibodeau.

Édouard Simon, her Attorney

Pierre Arceneaux signs authorizing his wife to act in her name and represent her demands.

——-

Summons to appear in court on 23 October 1894 at 9:30am to:

Rev. Father Borias

Jules Hébert – both testifying on behalf of Thélesphore [sic] Thibodeaux [sic]

Mrs. Charles Hébert and Adeo Hébert, on behalf of opponent.

Opponent billed $4.50 (3 summons at $1.50 and mileage at $3.00)

Wm. B. Eastin

Deputy Clerk of Court

SM Parish

22 Jan 1894

Inventory and Appraisor’s Oath signed between Henri Hébert and Omer Thibodeaux

Dan W. Voorhies, Notary Public

Inventory consists of:

1. Deceased’s share of an undivided tract of land situated in St Martin Parish measuring 18 arpents front by 40 arpents deep, bordered on North by Valérien Martin, South by Denis and Adeo Hébert, East by Valérien Martin and West by [Sidney] Babin. Land valued at $3/arpent, totaling $960.00 and his share being $480.00.
2. An undivided tract of land situated in said parish measuring 9 arpents front by 25 arpents deep. Bordered on North by Isidore Michel et al., South by Devalcourt Benjamin, East by Sidney Babin and West by Toussaint Narcisse. Total value $1800.00, his share $900.00.
3. A certain piece of swampland measuring more or less 4 arpents front by 4 arpents deep. Bordered on North formally by Valsin Fournet, South by heirs of Joachim Landry, East by the Têche [sic] Concession, West by Valléry [sic] Guilbeau. Valued at $1.50/arpent. Total value $24.00, his share $12.00.
4. 1 Bay horse named Austin at $10.00
5. 1 Sorrel mare named Laiza at $25.00
6. 1 Sorrel horse named Houston at $30.00
7. 1 Sorrel Filly named Duke at $35.00
8. 1 dark brown Filly named Modeste at $25.00
9. 1 grey horse named Fonelly [sic] (Fanélie) at $12.00
10. 1 Bay mare named Annette at $15.00
11. 12 heads of wild cattle at $120.00
12. 1 Ox at $18.00
13. 3 Bulls at $36.00
14. 1 Gun at $7.00

Real Estate total value: $1380.00

Personal Effects value: $345.00

Total value: $1725.00

22 Oct 1894

Émile Cormier summoned to appear in court on 23 Oct 1894 at 9:30am testifying on behalf of defendant.

23 Oct 1894

Testimonies

Anne Thibodeaux [sic] appears in court, averring that:

She is the lawful legitimate —— of the deceased.

Deceased left no legitimate descendants or ascendants.

As collateral heir, she has interest in said estate and has right to claim and preference to be its Administrator.

Said “pretended marriage of Onézime E. Thibodeaux, the ‘de Cuyus’ with one said Elisabeth Locus, on the 24th day of December A.D. 1893, is, in so far as ineffective, and null and so far as may concern the parties thereto, absolutely null and void, for this:

• That Onézime E. Thibodeau, the deceased, did not freely consent to said alleged marriage, and for years previous his death invariably refused and publicly expressed his determination never to marry the said Elizabeth Locus, a Negress, with whom he had lived for years and was still living in open concubinage.
• That a few hours before his death, when his mind was weak and filled with fears of approaching dissolution, a semblance of ceremony was held at his bedside, termed a marriage, to which, when asked his consent, he refused and gave no answer.

Télesphore Thibodeaux avers that:

Anne Thibodeaux filed two oppositions, the second opposition this day, 23 Oct 1894.

Petitioner further avers that the second opposition was filed after fixing for trial of her first opposition therefore contested later.

In addition, the second opposition presents new issues, different from those in the first opposition, which should bot be allowed.

Rev. Father A. Borias brings forth:

• A copy of the original nuptials signed between the deceased and his wife, Elizabeth Locus.
• Father avers that this is a copy, that the original is inscribed in the Church book.
• Further testifies:

I am the Curate A. Borias, who officiated the marriage ceremony of Onézime E. Thibodeaux, deceased with Elizabeth Locust. This marriage was performed at the domicile of Onézime E. Thibodeaux. There were present, the two witnesses named in document and the contracting parties and other persons.

I asked Onézime E. Thibodeaux if he would take Elizabeth Locus as his wife and he answered yes.

I asked Elizabeth Locus if she wishes to take Onézime Thobodeaux for her husband, and she answered yes.

I took two witnesses to this act because the church requires only two. I did not know that the law required three.

• Document is a true copy from the Register of Marriages of the Catholic Church of Breaux Bridge. It is the custom and usage of the Church to keep such marriages.

The contracting parties held their hands, he was sitting and she was standing. It was cold and I think that he was sitting on his bed.

I do not remember at what time of the day this ceremony took place. I think it was in the morning. I am sure that it was during the day time when I asked Onézime E. Thibodeaux if he would take Elizabeth Locus for his wife. He answered yes.

The manner in which that answer is generally given. He spoke in a loud tone, loud enough to be as him.

I spoke to Onézime Thibodeaux years previously in relation to his marriage, wishing that he should celebrate it, wishing that Thibodeaux should approach the Church.

To this request of mine, Thibodeaux would say yes, he would say yes, until he sent Thélesphore with a license to me.

Onézime Thibodeaux answered yes in the marriage ceremony of his own free will; he wanted to confess and receive the sacraments.

I confessed him on that day before the marriage ceremony; he had promised me that to marry.

I think he done so knowing that things outght to be done in order.

Jules Hébert being duly sworn says:

I was present the day that Father Borias was at Onézime E. THibodeaux. This was on the 24th of December as far as I can remember.

I was called there as a witness.

When I got to the house, it took a little time to prepare the table, then they lit a small lamp, and there the priest asked if they were ready to get married.

The priest asked Onézime if he wished to take Elizabeth for his lawful wife and he signified his consent by an inclination of the head in front.

Elizabeth Locust was at the foot of his bed by the table.

Onézime Thibodeaux was covered, his hands were covered, he was cold. He was too cold to sign on that day.

The same question was propounded to Elizabeth Locus and she answered Yes, Father.

When I got to the house, I asked Onézime Thibodeaux how he felt and he did not answer me. He could not speak at all that day.

This morning I told you, Mr. Dan Voorhies that Onézime Thibodeaux had then acknowledged Thélesphore Thibodeaux and others as his legitimate children but at the time I did not exactly recollect and since then I have refreshed my memory to this point.

Since I told you so, I spoke with several of my friends about this case.

I spoke of this case with my two brothers Adeo and Henri Hébert. I did not speak since this morning with anyone who was present at the marriage ceremony of Onézime E. Thibodeaux.

When I spoke about this case with Mr. Voorhies, the Attorney, this morning I was not under oath, it was in conversation.

Onézime Thibodeaux did not sign the contract at all. When the ceremony was performed, Onézime Thibodeaux was lying in his bed, he could neither stand nor set up. Onézime Thibodeaux did not take Elizabeth Locus by the hand during that ceremony, that I saw.

Question: Was it possibly that during that ceremony Onézime Thibodeaux should have held in his hand the hand of Elizabeth Locus without your seeing it?

Questions objected by Thélesphore Thibodeaux on the ground that same is trying to elicit from the witness an opinion.

Objection overruled.

Answer: There was very little light in the room, it was somewhat dark and they might have held there hands without my seeing it.

Elizabeth, during the ceremony, stoof at about five and a half feet from the head of deceased.

She had her hands hanging by her sides and Onézime had his hands under the blankets. This was at about 11 1/2 o’clock A.M.

There were present besides us Télesphore Thibodeaux, Onéziphore Thibodeaux and Clarisse and Louisa Thibodeaux.

Elizabeth Locus always lived at deceased to my knowledge, for about 14 years.

In the community where I live, close to deceased last residence, Thélesphore Thibodeaux and the others named above are looked up as the children of Onézime Thibodeaux and Elizabeth Locust. They were raised in the house of the deceased. They have 4 daughters.

Deceased and Elizabeth Locust lived as man and wife and in the community they were considered as livign together.

I had occasion to speak with the deceased and he spoke to me about the above named as being his children.

I signed that marriage contract as a witness.

From what I saw, Onézime E. Thibodeaux was not forced to say or do anything in relation to this marriage ceremony.

Examined

Onézime Thibodeaux spoke to me several times about this marriage which they wanted him to make several times previous.

I heard deceased complaining as to the priest —– to have him to marry legally. He would always say that the priest might to mind his business and let me be. I know what I have to do.

Whenever he made such remarks he appeared angry against the priest.

Once I saw him leave his home and cross over the bayou when he saw the carriage of the priest crossing towards his house, saying that the priest was coming to annoy him.

Deceased resided about 3 miles from Breaux Bridge.

In chief

This was about 5 or 6 months before this marriage, perhaps a little less.

I think that deceased was afraid of the priest both for the confession and marriage.

Onézime Thibodeaux told me that he did not want to marry at all and he gave me no reasons therefor.

He treated Thélesphore and the others as his children.

Rosémond Thibodeaux being duly sworn says:

I was present when the priest asked deceased whether he was willing to accept Elizabeth Locust as his wife and he answered Yes.

The same question was propounded to Elizabeth Locust and she answered Yes.

Deceased children were there present: Thélesphore, Onéziphore, Félicia, Cornie Thibodeaux, Cornie is Thélisia Thibodeaux.

I took the priest from Breaux Bridge to the deceased last residence. This marriage was performed in the regular manner.

There was no mention of the children by the deceased that day but the priest named their names in presence of the witnesses.

I can not say why he named them but I suppose it was to take down their names to legitimate them.

Thélesphore Thibodeaux

I am the person who came for the marriage license of the deceased. He sent me for it.

I have the marriage license to the priest.

I was present when the ceremony was performed.

The priest asked my father Onézime E. Thibodeaux if he wanted to marry my mother, Elizabeth Locust.

He answered, Yes.

Then he propounded the same question to my mother and she answered Yes.

Father Borias had a list of the names of all the children, which he read during the ceremony.

It was mentioned that the reading of the names of the children was made to legitimate the children.

Objected to. Objection overruled.

My father expressed several times in presence his desire to marry my mother Elizabeth Locust.

The deceased always treated me and my brothers and sisters as his children.

My father and mother lived as man and wife.

Examined.

My father did not consider or treat my sister Céffalide (Céphalide) as his child.

I am the applicant for administration in this matter.

In chief.

My self, my brothers and sisters have actual possession of the property of the deceased.

After the death of my father, my mother, Elizabeth Locust, has never left our home.

I know Thélicia Thibodeaux, she is my sister, one of those who was treated by my father as his child. She has about 19 or 20 years old.

I have been raised by Onézime E. Thibodeaux.

Rosémond Thibodeaux

I know Elizabeth Locust and have known her since my childhood.

From my childhood I have known Onézime Thibodeaux and Elizabeth Locust to live as man and wife.

I know Thélesphore, Onéziphore, Félicia, Thélicia.

I was raised with them. They were raised in the house of Onézime Thibodeaux as their children.

Onézime Thibodeaux always spoke of and mention them as his children.

The oldest children called Onézime Thibodeaux, ‘Didi’ and the youngest ‘Papa.’

They behaved towards one anther as father and Elizabeth Locust they called ‘Maman.’

I am nearly 53 or 54 years of age.

Examined.

Thélesphore is about 38 or 39 years of age. He is the oldest of the family.

The youngest of these is 12 or 13 years of age.

It was after the marriage that Father Borias took down the names as I said.

The parties had already signed the contract when he named these parties but it was done at the same time.

After he had taken down these names I paid no attention to what Father Borias did.

The moment I am done with a thing, I pay no more attention to it.

I do not know how to sign my name, nor do I know how to read and write.

In chief.

I know Thélicia Thibodeaux for about 20 years. She is now 21 years old.

Certificate of baptism of Thélesphore Thibodeaux to be furnished.

The names of the children were named: Thélicia Thibodeaux, Marie Thibodeaux, Jeanne Thibodeaux, Hypolite Thibodeaux, Thélesphore Thibodeaux, Oneziphore Thibodeaux, Félicianne Thibodeaux.

I think that is all.

Thélesphore was raised in the house where Onézime died although he was not born there.

Thélicia was also raised there.

Examined.

Elizabeth Locus

I cannot say how old I am. I am about 30 years of age, I suppose.

When the ceremony of marriage took place I signed a paper.

Onézime also signed a paper.

I can not say ow he signed it. I do not know any thing.

I think he wrote his name himself, but I can not say. I do not know anything.

This was when the priest married us.

It was after we had signed that paper that the children were named. No. I believe it was before.

I am not sure.

During the celebration of the marriage the deceased was sitting in his bed, somewhat leaning.

I do not know if the priest named all my children that day. Yes. He named them all.

Deceased spoke loud that day, loud enough to be understood by every ody as a person who is sick.

I do not know how to read or write, never knew.

It is admitted that the witness is the mother of applicants for administration in this case, Thélesphore and Thélicia.

In chief.

When I said I signed the paper, i mean to say I touched the pen.

I was born before the civil war. I was then 12 years old, that is I was over that.

I was the mother of Onéziphore. I was then a woman.

Document marked B.

Thélesphore Thibodeaux being duly sworn says:

Question: In speaking of his desire to marry your mother Elizabeth Locust and to legitimate you and his other children, did he not give you his for this?

Question objected to and by opponent.

Objection maintained and priest rescend by Thibodeaux, and this to stand in here of his bill of Exception.

Book marked C was kept by my father and the writings in it were made by him.

Entries made in Book marked C. offered in evidence.

Elizabeth Locust being duly sworn says:

I know Onézime E. Thibodeaux. When he died he was my husband. Father Borias married us at my husband’s residence. When we married, Onézime E. Thibodeaux was sick. He was conscious (in bonne connaissance).

He lived about 5 or 6 days after the ceremony.

I can not say exactly.

He was buried on the day after his death.

He was conscious up to the time of his death, when he died he had sa bonne connaissance.

I nor any body else to my knowledge did not use any violence or make threats to compel my husband to marry me.

He sent for the marriage license .

At the ceremony the priest asked my husband if hr would take me as his legitimate wife and he answere Yes.

The he asked me the same question and I answered Yes.

During the ceremony my husband spoke about the children to legitimate them because he did not his near neighbor to trouble them after his death and I consented Adeo Hébert is that close neighbor.

Evidence of Thélecia Thibodeaux

Certified Copy of Act Adoption marked D.

(Copy to be furnished together with Certificate of its recordation.

Certificate of Baptism of Thélisia Thondeaux marked E.

Evidence of opponent, Anne Thibodeaux.

David Rees being duly sworn says:

I knew the deceased up to his death. He was a man who would stay at home nearly all the time. He was not much in the habit of paying visits or going around.

I have seen often at races and sometimes hunting.

I met him twice hunting deer in the woods.

He was an old man. He was a white man.

Examined.

I often saw Elizabeth Locust at the home of Onézime E. Thibodeaux. I suppose that she was living in that house because every time I saw her she was in that house.

At that home I also saw Thélesphore Thibodeaux, the applicant. I don’t know any of the female children.

I am the Sheriff of this Parish since April 1892.

Wm. B. Eastin being duly sworn says:

I am the Deputy Clerk of this court and have been for the last ten years.

I have the chief management of the department of the recorder’s office.

I must have seen the signatiure of Onézime E. Thibodeaux affixed to act in the office pretty often.

I made it a point this permit at the request of Mr. J. E. Mouton to look and examine one authentic this morning bearting the signature of Onézime E. Thibodeaux.

The date of said act was I think October 25 or no.

That act I think is of the latest filed in the office bearing the signature of Onézime E. Thibodeaux.

The document I saw this morning was signed thus [Onézime E. Thibodeaux].

James E. Mouton being duly sworn says:

I corroborate the evidence of Sheriff Rees in so far as the habits, age and race of the deceased.

I have know him for 25 years and more.

I know Elizabeth Locust. She is a person of color, a Negress, uneducated and embarrassed whenever spoken to or whenever she speaks.

Evidence closed.

October 24th 1894

Wm. B. Eastin

Deputy Clerk

JUDGEMENT

21 Jun 1895

In the matter of the Estate of Onézime E. Thibodeaux, probate docket nº 2858, St Martin Parish, Louisiana.

*

On demands of administration filed by Thelesphor Thibodeaux and Thelecia Thibodeaux wife of Pierre Arceneaux and opposition of Anne Thibodeaux, wid. Charles Hebert.

This case having been regularly fixed for trial and on the day fixed taken up and tried, the law and the evidence being in favor of Thelesphor Thibodeaux and of Thelecia Thibodeaux, wife of Pierre Arceneaux.

It is therefore ordered, adjudged and decreed that Thelesphor Thibodeaux and Thelecia Thibodeaux, wife of Pierre Arceneaux, be and are hereby appointed joint administators of the Estate of Onezime E. Thibodeaux. That they or either of them qualify as such upon furnishing bond in an amount of two thousand one hundred and fifty six 50/00 dollars ($2156.50) with good and sufficient surety, as required by law and that letters of administration issue accordingly.

I t is further ordered, adjudged and decreed that the opposition filed by Anne Thibodeaux, widow Charles Hebert, be and is hereby rejected. The costs of her said opposition to be paid by her the said Anne Thibodeaux widow Charles Hebert, the other costs to be paid by the Estate.

Thus done, read and signed in open court, at St Martinville, St. Martin Parish, Louisiana, this 21st day of June A.D. one thousand eight hundred ninety five.

——————

Christophe Landry’s notes

Children born to this union were as follows:

1. Onésiphore THIBODEAUX – quarteron esclave was born c. 1860. He married 5 Feb 1880 Rosalie ARCENEAUX, daughter of de feux Pierre ARCENEAUX and Silésie JESSE (SM Ch v 10 p 396).
2. Télesphore THIBODEAUX was born c. 1867. He married (1) 14 May 1890 Marie Sidalise FILER, daughter of unknown and Rose FILER (SM Ch v 11 p 67). He married (2) 23 Nov 1896 Corine ROY, daughter of Alexandre ROY and Zilia LANDRY (Cécilia Ch v 1 p 11).
3. Thérésia “Thélesia” THIBODEAUX was born c. 1869. She married 15 Mar 1889 Pierre ARCENEAUX, II, son of Pierre ARCENEAUX and Célise ANDERSON (BB Ch v 2 p 305).
4. Félicianne “Félicia” THIBODEAUX was born c. 1870. She married 27 Jan 1890 Paul THIBODEAUX, son of Rosémond THIBODEAUX and Eulalie JEAN (BB Ch v 2 p 364).
5. Paul Hypolite THIBODEAUX was born 13 Aug 1875. He married 31 Mar 1902 Mélazie LE DOUX, daughter of Unknown LE DOUX and Geneviève HENRI (BB Ch v 2 p 313A). 
6. Clarisse THIBODEAUX was born c. 1877.
7. Louise THIBODEAUX was born 14 Feb 1880 (BB Ch v 2p 85). She married 7 Nov 1905 Paul THIBODEAUX, widower of Félicianne THIBODEAUX, son of Rosémond THIBODEAUX and Eulalie JEAN (BB Ch v 2 p 195B).
8. Charles THIBODEAUX was born 5 Mar 1882 (SM Ch v 11b p 436); emancipation 27 Nov 1900 (SM Cthse succession #3040).