Bibb County AlArchives Wills.....AVERY, THOMAS 1862 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Eva Williamson Bisshi@aol.com June 13, 2008, 3:14 pm Source: Bibb County Records "j" 1865-1876, P 571-575. Written: 1862 Recorded: September 28, 1863 WILL OF THOMAS AVERY Bibb County Records "J" 1865-1876, p 571-575 The State of Alabama} I, C.H. Sanford one of the Commissioners named in the annexed Bibb County } commission do hereby certify that in pursuance thereof I caused the said witnesses Henry Avery Sr. & William McNeal in a certain proceeding in the Probate Court of said County wherein Daniel M. James as the administrator of the Estate of Thomas Avery deceased is petitioner for an order to sell the lands herein described, belonging to said Estate for division & on the gound that the same cannot be equitably divided among the heirs of said deceased to come before me at the office of R. McIlvain in the Town of Centreville in said county on the 17th day of October 1863 being the time & place appointed by me & that they each being then there first duly sworn by me to speak the truth the whole truth & nothing but the truth & also to make full & true answers to the Interrogatories hereto annexed - Thereupon answered & deposed as follows. Answer to first Interrogatory We are acquainted with the heirs of said Thomas Avery deceased & heir names, ages, & places of residence are as follows to wit. 1. Henry Avery Jr. a son of said deceased & of full age 2. William Avery a son of said deceased & of full age 3. Alexander Avery Jr. a son of said deceased & of full age 4. John T. Avery a son of said deceased of full age 5. James Avery a son of said deceased of full age but said to be non compos mentis 6. Mary James a daughter of said deceased & wife of Columbus F. James & both of full age 7. Elberlee Avery a son of said deceased & a minor under 14 years of age 8. Francis M. Avery a son of said deceased & a minor under 14 years of age 9. William Owens a grandson of said deceased & a minor under 14 years of age residing with Charles James in Bibb County he having the custody of said minor. 10. Samuel A.D. Avery a son of said deceased but now dead who left him surviving three children to wit Samuel P.B. Avery, John Avery & Sarah Jane Avery all minors under 14 years of age and all residing with their mother Emeline Avery in said county she having the custody & control of them. 11. Arthur Avery, Jr. a son of said deceased of full age but now dead & Henry Avery Jr. being his administrator & all the above heirs & parties are residents of Bibb County Alabama Answer to 2nd Interrogatory We know the location & situation of the lands described in the 2nd Interrogatory belonging to the Estate of Thomas Avery deceased & situate in Bibb County Alabama. Answer to the 3rd Interrogatory We are fully satisfied from our knowledge of the number of the heirs of said Estate & the location & situation of the lands belonging to the same that said lands as described in the 2nd Interrogatory & known by us as belonging to the Estate of Thomas Avery deceased cannot be fairly & equitably divided among the heirs of said Estate without a sale of the same & that it is necessary that said lands should be sold for division among said heirs. Henry Avery Wm McNeal And I, C.H. Sanford commissioner as aforesaid do further certify that I have personal knowledge of the identity of the said witnesses, that their aforesaid evidence & answers under oath were caused to be taken down & reduced to writing by me in their presence & being closed was examined by the said witnesses & by their approved. And that thereupon the said evidence was subscribed by said witnesses in my presence & on the day & at the place scecified (sp) in the Captions. Witness my hand and seal this 17th day of October 1883. C. H. Sanford Seal Commissioner The State of Alabama} To W.A. Schoolar, I.J. Tucker, W.D. Caddell, C. H. Sanford, J. M. Williams & Bibb County } T.J. Smitherman Esqrs. Know ye that in reposing full faith in your pnidence(sp) & fidelity have appointed you and by these present do give you full power to authority to examine Henry Avery Snr. & William McNeal as witnesses on behalf of Petitioner in a cause now pending in the Probate Court of bibb county Ala. wherein Daniel M. James administrator of the Estate of Thomas Avery and is petitioner for an orde to sell the Lands belonging to said Estate and the heirs of the said Thomas Avery and are defendants & therefore are command that you do cause the Said Henry Avery Snr. & William McNeal to come before you or either of you & where & then examine the Said Witnesses on oath as witnesses in the cause aforesaid upon the Interrogatories annexed & that you do take Such Examination and, cause the same to be reduced into writing and Return the Same annexed to this writ closed up under your seals in to the Probate Court of said County on or before the 19th day of October 1863. Witness my hand at office in Centreville October 8th A.D. 1863 Jackson Gardner Judge of Probate Thomas Avery deceased ) In the Probate Court of Estate of - ) Bibb County Ala. Interrogatories to be propounded I, Henry Avery (Senior) & William McNeal citizens of said County the answers to which when taken are to be used in evidence before said Court on the hearing of & in behalf of an application made by Daniel M. James the administrator of the Estate of said Thomas Avery deceased to sell certain lands described in said application, belonging to said estate for division & on the ground that the same cannot be equitably divided among the heirs of said estate. Integy, lst Are you acquainted with the heirs of said Thomas Avery deceased. If so please state their names & who are under the age of twenty one years & who are married women & to whom married & state fully the residence of each one of said heirs. Integy 2nd Are you acquainted with the location & situation of the following lands belonging to the estate of said Thomas Avery deceased being situate in said County & bounded & described as follows Towit The W ½ of the SW ¼ of Section. 19 T23 & Range 9 East The SW ¼ of SW ¼ of Section 24 T 23 & Range 8 East The Fraction A of Section 25 T 23 & Range 8 East The NW ¼ of the SW ¼ of Section 24 T23 & Range 8 East W ½ of the NW ¼ of Section 25 T23 & Range 8 East SE ¼ of the NE ¼ of Section 26 T23 & Range 8 East Fraction B of Section 24 T23 & Range 8 East excepting one & ¼ acres where the graveyard is situated The SW ¼ of the NE ¼ of Section 26 T23 & Range 8 East The E ½ of the NW ¼ of Section 26 T23 & Range 8 East The W ½ of the SE ¼ of Section 26 T23 & Range 8 East The E ½ of the NW ¼ of Section 35 T23 & Range 8 East The E ½ of the SW ¼ of Section 26 T23 & Range 8 East The NE ¼ of the NE ¼ of Section 26 T23 & Range 8 East The E ½ of the SE ¼ of Section 26 T23 & Range 8 East The NE ¼ of the SE ¼ of Section 34 T23 & Range 8 East The NW ¼ of the SE ¼ of Section 34 T23 & Range 8 East The NW ¼ of the SW ¼ of Section 34 T23 & Range 8 East The SW ¼ of the NW ¼ of Section 34 T23 & Range 8 East The E ½ of the SE of Section 32 T23 & Range 9 East The N ½ of the SW ¼ of Section 33 T23 & Range 9 East The E ½ of the NW ¼ of Section 33 T23 & Range 9 East The NW ¼ of the SE ¼ of Section 33 T23 & Range 9 East The S ½ of the NE ¼ of Section 32 T23 & Range 9 East The W ½ of the SE ¼ of Section 32 T23 & Range 9 East & twelve acres more or less in the South end of the East half of the North West Quarter of Section 34 T23 & Range 8 East Integy 3rd Can a fair and equitable division of said lands be made among the heirs of said Thomas Avery deceased without a sale of the same, or is it necessary that the same should be sold for division among said heirs. Daniel M. James, Admr. By R. McIlvain his Atty. The State of Alabama) to the Hon Jackson Gardner Bibb County ) Judge of Probate within & for said County Your Petitioner Daniel M. James as the administrator of the estate of Thomas Avery late of said County deceased respectfully shows unto your honor that there are still remaining & on hand of the personal property of said Estate the following Slaves subject to distribution among the heirs of said Estate towit Jeff - Eveline - Nancy - Maje - Lewis - Henry - Hannah & child - Maria & Betsey which said negroes cannot be equitably divided between those entitled inasmuch as there ten negroes & more than that number of persons entitled to share in said property. Your Petitioner therefore prays your Honor that a day may be set for hearing the matter herein before set forth & that such notice as it required by law may be given & that an order may be duly granted & entered in the premises authorizing & empowering him to sell said negro property in 12 months credit with interest from the day of sale in order that the same may be duly distributed among those entitled as aforesaid. (my note: At least seven of these slaves had been with Thomas since 1848, more than fourteen years, according to the Bibb County Tax List.) And as in duty bound will ever pray & Sworn to and subscribed this 28 day of September 1863 Jackson Gardner D.M. James Judge of Probate File at: http://files.usgwarchives.net/al/bibb/wills/avery225gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 10.6 Kb