Estate of Benjamin Gaines, Autauga, Alabama http://files.usgwarchives.net/al/autauga/court/bgaines.txt =============================================================================== USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Mark L. Gaines ================================================================================= January 2000 Estate of Benjamin Gaines, 1858 ======================================================================== The following are pleadings in the estate of Benjamin Gaines found in Record Book 10, Pages 39, 83, 84, 463 and 585. He died intestate (without a will). The original petition has not been found. Some grammatical errors were corrected for clarity and some were not. Benjamin Gaines, b. abt 1783 - Virginia, d. abt 1858, survivors were wife, Elizabeth Gaines, b.abt 1810 - North Carolina, d. aft 1880; children - James B. Gaines, William H. Gaines, Augustua Gaines, Emaline Gaines, John Gaines, Julia A. Gaines, Richard H. Gaines, Thomas Gaines. _______________________________________________________________________ Inventory and appraisement of the Estate of Benjamin Gains deceased Inventory Appraisement Sally a negro girl aged 19 years old $1000.00 Henry a boy about 13 years old 700.00 2 mules Beck & Alick (sp) B. $65. A. $50 115.00 3 Cows & Calves $12 36.00 1 yoke of oxen 50/ 50.00 3 heifers 25.00 1 Log Cart 10.00 1 Sow & Six pigs 8.00 1 Lot of plantation tools 50.00 1 Buggy & harness 10 thousand feet of Lumber 6/- a hundred 75.00 1 Lot of Carpenter tools 5.00 $ 2074.00 To the Honorable Henly Brown Judge of Probate of Autauga County we the undersigned appraisers after being duly Sworn appraised the above inventory and property as Shown us by the court and Set down the value of each article in dollars and cents in figures. Sworn to and Subscribed W.G. Tyus (sp) before me on this the 20th Leroy Flanagan Appraisers day of April A.D. 1858 William Carver German(sp)Burns J.P The State of Alabama Before me Henly Brown Autauga County Judge of the Probate Court in and for the Said County and State personally appeared G.A. Northington administrator of the Estate of Benjamin Gains and _____ the Said Northington being by me first duly Sworn doth depose and Say that the foregoing inventory on the within page of the estate of Said decedent is full and complete as to the goods and chattels debts and _______ of the Said intestate which have come to his knowledge or possession. Subscribed and Sworn to before me on this the 21st of April A.D. 1858 G.A. Northington Henly Brown Judge of Probate _______________________________________________________________________ Benj Gaines Estate of Petition of G.A. Northington Admin. for leave to amend Inventory To the Honorable Henly Brown Judge of the Probate Court of Autauga County. Your Petitioner would ask of your honor to amend his inventory _____ in the Estate of Benjamin Gaines deceased wherein he is administrator by Striking out of Said inventory one yoke of oxen appraised at fifty dollars as the widow claims it as her Separate estate purchased by her Since the Said decedent's death and as in duty _____ July 16, 1858. G.A. Northington Admin of Benj Gains deced _______________________________________________________________________ Benjamin Gaines, deceased, Estate of, This day came G.A. accounts of sales of personal property Northington the admini. of said estate and filed this report and account of sales of the personal property of said estate, which was sold under an order of this Court; duly sworn to: It is ordered that said account be recorded & filed. _______________________________________________________________________ Benjamin Gaines, deceased, Estate of, This day came G.A. Confirmation of sale Northington, the administrator of said estate and files his account and report in writing and under oath, setting forth among other things that on the 9th day of December 1858, between 12 oclock noon and five oclock P.M. of said day, in pursuance of law in such cases made, and in strict compliance with all the terms, conditions and requirements of the former order and decree of this Court, which was the decree of sale granted and entered in the premises on the 25th day of October 1858, he proceeded and sold at public outcry, on the late premises of said decd, at his late residence, the land set forth and particularly described in said former order and decree; and that said land was bid, and purchased at said sale by Elizabeth Gaines for the sum of four hundred dollars. And it appearing to the satisfaction of the Court from said report, and from the evidence now herewith submitted, that said amount, so bid for said lands, by said Elizabeth Gaines, was the highest and best bid for the same; and that said sum so bid, was not greatly less or disproportionate to its real value; that said sale was legally and fairly made, conducted and concluded; and that said purchase money has been secured sufficiently, and according to Law and said decree of sale: It is ordered, adjudged and decreed, that said sale be, and the same is hereby approved, and in all things satisfied and confirmed by the order and authority of this Court. It is further ordered that said report be recorded. Henly Brown Judge of Probate _______________________________________________________________________ Benj Gaines decd Report of Sale of Land by admin To the Honor Henly Brown Judge of the Probate Court of the County of Autauga and State of Alabama. G.A. Northington the Administrator of the estate of Benjamin Gaines deceased respectfully represents unto your Honor that on the 9th day of December 1858 between the hours of twelve oclock noon and five oclock in the afternoon of Said day in pursuance of Law in Such cases made and in Strict compliance with all the terms conditions and requirements of the former order and decree of this Court - which was the decree of Sale granted and entered in the premises on the 25th day of October 1858 he proceeded and sold at publick outcry on the late premises of the Said decd at his late residence the land Set forth & particularly described in said former order and decree and that Said land was bid off and purchased at Said Sale by Elizabeth Gaines for the sum of four hundred dollars ($400.00). This administrator further Reports that Said amount so bid by Said Elizabeth Gaines for Said Land was the highest and best bid for the same and that Said Sale was in all respects fairly conducted and that the land sold for a Sum not greatly less or disproportionate to the real value of Said land Further that Said Elizabeth Gaines has complied with the terms of Said Sale and purchase by giving her note due in 12 months after date with interest from date and dated on the day of Sale with J B Gaines and W H Gaines as her Securities which Security is believed by the undersigned to be good and Sufficient. In consideration of the fact above Stated and which the undersigned is ready to prove at such time and in such form and as may be required by Your Honor the undersigned respectfully prays that Said Sale may be in all things confirmed and made good to the Said purchaser and as in duty _____. Subscribed and Sworn to before me this 15th day G.A. Northington of June 1859. Admin Henly Brown Judge of Probate