Autauga County AlArchives Court.....Dunn, Benjamin October 9, 1844
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File contributed for use in USGenWeb Archives by:
Lanelle Hanke lhbham@yahoo.com July 4, 2005, 11:49 am

Source: Probate Records Prattville Alabama
Written: October 9, 1844

Page 437~
To the Honorable Henly Brown Judge of the circuit court of said county

Your petitioner Wm. Dunn administrator of the estate of Benj. Dunn decd late of 
said county showeth unto your honor that said decedent died seized and 
possessed of the following real estate lying and being in said county of 
Autauga and state aforesaid to wit:  All that part of the S.E. ¼  of Section 9 
Township 17 Range 12 lying east of Buck Creek; also the W ½ of the N.W. ¼ of 
Section 15 Township 17 Range 12;  also lot no. 1 of Section 16 Township 17 
Range 12 which lands cannot be equally fairly and beneficially divided among 
the heirs of said intestate without a sale of said real estate.
	The heirs of said intestate are Henry C. Richard in right of his wife 
Mary.  John W. Dunn, Marlin Dunn, Josiah Dunn, William Dunn who are of full 
age.  Also Rebecca Dunn, Benjamin Dunn, William Dunn, Wesley Dunn, Elizabeth 
Dunn, Sabrina Dunn, Columbus Dunn, George Dunn, Thomas Dunn, minor heirs of 
Thomas Dunn (except Rebecca Dunn) Benjamin Works who are minors and under the 
age of twenty-one years all residents of the State of Alabama and whereas said 
real estate cannot be equally, fairly, and beneficially divided amongst the 
heirs of said intestate your petitioner prays your Honor to grant an order for 
the sale of said real estate and as in duty bound will ever  pray & c~   
October 9,1844
						William Dunn Admstr~

				Whereupon the Court

Ordered that citation issue to Henry C. Richard in right of his wife Mary to be 
and appear at a Special Orphans Court to holden[sic] for said county at 
Kingston on Tuesday the 19 November next & there cause if any be had why the 
real estate of Benj’m Dunn dec’d should not be sold in order to effect a more 
equitable division ~

Ordered that citation issue to John W. Dunn one of the heirs of Benj’m Dunn 
dec’d to be and appear at a Special Orphans Court to be holden at Kingston in 
said county on Tuesday the 19th day of November next & show cause if any you 
have why the real estate of said dec’d should not be sold for a more equitable 
division of the same.

Ordered that citation issue to Marlin (clearly Marlin, NOT Martin) Dunn one of 
the heirs of the estate of Benj’m Dunn dec’d to be and appear at a Special 
Orphans Court to be holden at Kingston in said county on Tuesday the 19th 
November next & show cause if any you can why the real estate of said intestate 
should not be sold for division.

Ordered that citation issue to Josiah Dunn one of the heirs of the estate of 
Benj’m Dunn dec’d to be and appear at a special orphans court to be holden for 
said county at Kingston on Tuesday the 19 day of November next & show cause if 
any you have why the real estate of said intestate should not be sold for a 
division.

Ordered that citation issue to Wm. Dunn one of the heirs of the estate of 
Benj’m Dunn dec’d to be and appear at a special orphans Court to be holden for 
said county at Kingston on Tuesday the 19th day of November next & show cause 
if any you have why the real estate of said intestate should not be sold for 
division.

Ordered that Wm. (N?) Thompson ct clerk of this court be appointed guardian-ad-
li-tim (actually spelled that way) of the minor heirs of the estate of Benj’m 
Dunn dec’d to answer and defend against the petitioner for the sale of the real 
estate of said intestate for and in behalf of the minor heirs of said estate.

Ordered that Harry S. Lee & Sam’l Caldwell be appointed commissioners to take 
the testimony of witnesses for and in behalf of petitioner for the sale of the 
real estate of Benjamin Dunn dec’d at Burnsville at 12 o’clock on the 15 day of 
Nov’r and said testimony reduce to writing under your hands and seals and 
return to this court by Tuesday the 19th day of November next to be read in 
evidence in said case.

Ordered that notice issue to Henry C. Richards in right of his wife Mary, John 
W. Dunn, Marlin Dunn, Josiah Dunn & Wm Dunn that at 12 o’clock on the 15 day of 
Nov’r at Burnsville the petitioner will take the testimony of G. C. Burns & H. 
W. Randa
(end of page - see note)





Additional Comments:
I will post next page to genweb soon.

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