Bibb County AlArchives Wills.....Avery, Jr., Henry March 19, 1873 ************************************************ 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, 3:04 pm Source: Bibb County Alabama Court House Written: March 19, 1873 Last will & testament at which time you can attend and contest the same if you should think proper to do so. Witness my hand the 19th March 1873 Jackson Gardner Judge of Probate The State of Alabama}To the Honorable Jackson Gardner Judge of Probate in and for the Bibb County } county and State aforesaid. The Petition of Alexander Avery sen and Arthur Avery sen. [brothers of Henry Avery] respectfully represent unto your Honor that the late Henry Avery who was an inhabitant of this county at the time of his death departed this life on the 1st day of March 1873 leaving a last Will and testament duly signed and published by him and attested by Alexander H. James William P. Raglan and N. H. Thompson residents of Bibb County Alabama in which Will your petitioners are named as the Executors there of and petitioners herewith produce said Will and propound the same for probate and record in this court your petitioners further state that . That the following is a correct list of the next of kin of said decedent together with their ages and residence Towit. Alexander Avery Sen and Arthur Avery Sen your petitioners both of full age and residents of Bibb County Alabama. William Avery of full age and resident of Georgia. Mary Cutts wife of James Cutts both of full age and residents of Tuscaloosa County Alabama. The children of Thomas Avery decd. Towit Henry Avery, William Avery, Alexander Avery, Jr. John Avery, Mary James, wife of C. F. James. E.L. Avery F. M Avery all of full age and residents of Bibb County Alabama. The Children of Samuel M. Avery deced. Towit Brooks Avery, Sarah Jane Avery, Della Avery all minors under twenty one years of age and reside with their mother in Bibb County Alabama. The children of Samuel Avery decd Towil Henry Avery of full age and resident of Baton Rouge La. The children of Sarah WhiteHead decd all residents of Mississippi. Caroline Murf wife of Alexender Murf both of full age and residents of Winston County Mississippi. Samuel Avery Thomas Avery and John Avery all of full age and residents of Mississippi, Winston County. The heirs of the Estate of Catherine Cutts deced Towit, Henry Cutts Ann Fulcher wife of Morgan Fulcher, Mary Golden wife of James Golden _________________Avery wife of Nathaniel Avery Jane Cutts, Paling Williams all of full age and residents of Mississippi, Winston County. The heirs of the estate of John Avery decd Towit Henry Avery, Bradley Avery , John Avery, Permelia Ducenberry all of full age and residents of Putnam County Georgia, Mary Hill wife of John Hill. Catherine Little wife of Helop Little, Adaline Chapel wife of Nathaniel Chapel. The heirs of the Estate of Ann Hudson all minors and residents of the State of Mississippi. Wherefore your petitioners pray that a day be set for hearing this petition that due notice thereof as required by law be given to the next of kin of said deceased and that such other proceds ordered and decrees may be had and made in the premises and may be requisite and proper to effect the due Probate and record of said Will according to law. Sworn to and subscribed } Alex Avery before me this the 18th day of March 1873 } Arthur Avery Jackson Gardner Judge of Probate } Alexander Avery and Arthur Avery Sens as the Executors of the last Will and testament of Henry Avery Sen deceased in account current on final settlement of their administration upon said Estate towit: 1873 July 23 To appraised value of property as contained in the Inventory 1650.00 To amount of cash on hand as contained in the Inventory 2150.00 1875 To amount recd. of J. L. Davidson in payt of Note Due Febry January 1st 1875 150.00 1875 To amount recd. of W. P. Ragland in part payt. of Note dated Jany Decr, 28th 1872 50.00 To amount reced of J.L. Davidson in part payt of Note due Jany 1st 1871 for $2000.00 1335.60 To amount recd of J. L.Lightsey in part payt. of Note for $300.00 Due Decr 25th 1873 150.18 To amount reced in part payment of court order dated May 1866 To amount reced in part payment of Note on James Clark dated Feby 20th 1869 for $542.90 34.90 1874 To amount reced in part payment of Note on J.D. Cooper dated Jany 20th 1871 Jany 3rd for $1000.00 203.50 _______ TOTAL FIRST PAGE $5724.12 _______________________________________________________________ To Amount brought forward $5724.12 1874 To amount recd in full payment of Note on John Meggs Dated Jany 9th 1866 19.00 Interest on same 4.00 1874 To amount reced of O.S. Quinnin full payt of Note dated Decr Sept 1st 1869 & Due Jany 1st 1873 for $100.00 100.00 Interest on same 16.00 July To amount reced. of E. Dobbins in full payt. of Note dated Decr. 2nd 1871 Due Jany 1st 1873 for $860.00 860.00 Interest on same 100.00 Jany 12 To amount reced. of Jas M. Crawford in part payment of Note for $300.00 dated Jany 21st 1869 40.00 To amount reced of J.N. Suttle in part payt of Note on J.N. Suttle & J.W. Suttle dated March 11th 1872 for $250.00 300.00 Decr 22 To amount reced of Jas W.Crawford in full payt of Note on Jas w. Crawford & R.A. Steel for $1345.50 dated Jany 31st 1872 & due Febry 1st 1873 1345.50 Principle Interest on same 67.50 To amount recd of Jas W. Crawford in full payt of Note on Jas W. Crawford & R.A. Steele for $3300.00 dated Jany 1st 1872 & due Febry 1st 1873 3300.00 Principle Interest on same 499.04 To amount reced in part payment of Note on J. L. Davidson dated Many 26th/72 & due Decr 1873 for $1000.00 1100.00 To amount recd. in part payment of Note on J N. Smith dated July 2nd 1868 Due April 1st 1875 for $246.25 To amount reced of William McNeil in part payment of Note dated Decr 28th 1872 & Due Jany 1st 1874 for $332.60 _________ TOTAL 2nd PAGE 13,475.16 _______________________________________________________________ 1874 To amount reced of J. N. Smith in part payment of Note for $33.00 Dated February 2nd 1868 & due April 1st 1871. 33.00 Principle Interest on same 7.00 To amount received of R, McIlvain in part payment of Note dated Fery 3rd 1873 & due one day after date for $11,00.00 617.25 To amount received of C. M. Avery on note dated August 1st 1866 for $50.00 50.00 Interest on same 28.00 To amount recd of S.P. & C. P. Bambry on Noted on Note Jany 26th 1871 for $200.00 69.69 To amout recd of Jno. s. Gardner in part payment of notes 2.05 TOTAL RECED IN CASH $14,282.15 BY CREDITS TOTAL 1147.00 _________ TO TOTAL AMOUNT FOR DISTRIBUTION AMONG THE LEGATEES 13,135.15 To Total amont in notes on divens persons brought from page 5 for distribution $6830.55 _______________________________________________________________ Said administrators Charge themselves with the following described notes belonging to said Estate which have not been collected To wit DATE Dr- Feby 1st 1869 To 1 Note on L.W. & S. Frager for 100.00 Jany 17th 1871 To 1 Note on Charles Avery 27.00 Jany 1st 1871 To balance on Note of S. W. & J. L. Davidson Prin. 664.32 Feby 29th/71 To 1 Note on W. P. Ragland 50.00 Oct 29th/72 To balance on J. L. Lightsey & E. P. Cruise Note Prin 149.82 Mch 18th/72 To 1 Note on J. S. Gardner 33.34 " 18th 1871 To 3 Notes on J. S. Gardner $50.00 each 150.00 Jany 21st 1869 To 1 Note on J. S. Gardner 153.50 To 5 Notes on J. S. Gardner 225.68 To balance one on County order Feby 20th 1869 To balance due on Note on Jas B. Clarke 508.00 Jany 20th 1871 To balance due on J. D. Cooper Note Prin 796.70 Mch 6th 1872 To 1 Note on J. C. Lee 200.00 " 1871 To 1 Note on S. W. Steel & O. S. Quinn Prin 40.00 Jany 26th/71 To 1 Note on P & C. P. Bambrey 200.00 To 2 Notes on J.N.C. Brown $50.00 each 100.00 Aug 6th 1866 To 1 Noted on B. Stevens 94.24 Jan 1st/69 To balance due on Note against Jas W. Crawford Prin 260.00 Mch 26th 1872 To 1 Note on Jas. G. L. & C.M. Henry 2500.00 July 2nd/68 To balance due on J. N. Smith's note Dec 28th/72 To balance due on Wm McNeil's note Dec 1st 1873 To 1 Note on P. Burdishaw 95.95 Feb 3rd 1873 To balance due on Robt. McIlvain's Note Prin 482.75 ______ TO TOTAL AMOUNT IN NOTES 6830.55 _______________________________________________________ The administrators Claims the following sums of money paid out for the use of said Estate. Towit - Cr By amount of Court Cost Vo 1 97.00 " Attorney fee for Probating Will " 2 25.00 " Executors Commissions " 4 " Attorney's fee in final settlement " 5 25.00 " Executors Commissions on $20,000.00 which is less than the Total amount of the Estate as per acct. in cash $14282.15 in Notes $6830.55 which being added togethe makes the sum of $21112.70 to say noting about the property which was distributed to the legatees which will more than make up for the insolvent notes mentioned and included above. $1000.00 ________ By Total Credits $1147.00 _______________________________________________________ The following is a correct list of the legatees of said Estate together with their ages residences & amount paid each one To wit: 1 Arthur Avery of full age & a resident of Bibb County Alabama, Amount paid him under the Will 500.00 2 Henry Avery of full age & resident of Bibb County Alabama Paid in his own Note & Property 3 Mary Cutts wife of James Cutts both of full age & residents of Tuscaloosa County Alabama 500.00 4 Alexander Avery and John Thomas Avery both of full age & residents of Bibb county Alabama Paid in Property 5 Francis Marion Avery of full age & resident of Bibb County AL Paid in Property 6 Richard Samuel Avery over twenty one years of age and a resident of Bibb County Alabama Paid in Property 7 Nancy Jane Avery a minor under twenty one years of age & resides in Bibb County Alabama Paid in Property 8 Josephine Avery a minor under twenty one years of age & resides in Bibb County Alabama Paid in Property 9 William Avery of full age & resident of Bibb County Alabama Paid in Property 10 Alexander Avery of full age & resident of Bibb County AL Paid in his own note 11 John T. Avery Sen. of full age & resident of Bibb Co. AL 250.00 12 Elber Lee Avery of full age & resident of Bibb Co. AL 150.00 13 Mary James wife of C F James both of full age & both residents 250.00 of Bibb County Alabama 14 James Avery of full age & resident of Winston County MS. 87.50 15 Nancy C. Murf & A.W. Murf both of full age & residents of Winston County Mississippi 87.50 16 John Avery of full age & Resident of Lafayette County MS 87.50 17. T.M. Avery of full age & resident of County Mississippi 87.50 18 Mary Hill wife of John Hill both of full age & both residents of Winston County Miss. 87.50 19 Henry Avery of full age & resident of Baton Rouge Louisiana 87.50 20 Adaline Chapel wife of Nat Chapel both of full age & residents Winston County Mississippi 87.50 21 Catherine Liddell wife of Helop Liddell both of full age and residents of Winston County Mississippi 87.50 22 Samuel W. Avery of full age & resident of County Miss. 87.50 23 Emiline Spencer wife of J.U. Spencer & both of full ate & residents of Bibb County Alabama 250.00 24 H.W. Avery of full age and a resident of Bibb County Alabama 200.00 25 C.M. Avery of full ae & resident of Bibb County Alabama $250.00 in money $50.00 in note 300.00 26 28 Catherine Avery of full age and resident of Winston Co. MS 250.00 26 Mary A Golden of full age & resident of Winston County MS 83.33 27 H. A. Cutts of full age & resident of Winston County MS 83.33 28 Jane Cutts of full age & resident of Winston County MS 83.33 29 Palina W. Williams of full age & resident of Winston Co. MS 83.33 30 Ann E Fulcher wife of Fulcher both of full age & residents of Winston County Mississippi 83.33 31 Caron Golden wife of William Golden both of full age & residents County Mississippi 83.33 32 Permelia Jane Ducenberry of full age & resident of Putnam County Georgia 250.00 33 William Avery of full age & resident of Fulton County GA 750.00 34 Alexander Avery sen of full age & resident of Bibb Co. AL 2000.00 _______________________________________________________ The State of Alabama } Personally appeared before me Jackson Gardner Judge of Probate Bibb County } in and for the County and state aforesaid Arthur Avery Sen one of the Executors of the last will and testament of Henry Avery Sen. deceased who being duly sworn says on oath that the foregoing account is a full and complete statement of all the assets which come into his hands as Executor as aforesaid belonging to said Estate & that he has not used any of the funds of said Estate for his own personal benefit -- Sworn to & subscribed before me Arthur Avrea this the 29th day of March 1875 Jackson Gardner Judge of Probate File at: http://files.usgwarchives.net/al/bibb/wills/averyjr224gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 19.0 Kb