Butler County AlArchives Court.....Franklin, Mark December 1873
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File contributed for use in USGenWeb Archives by:
Lisa F. Franklin (not of Tracking Your Roots) lisafranklin2004@earthlink.net and Belinda Jacks belindaj@sbcglobal.net October 30, 2008, 6:44 pm

Source: Probate Minute Book 16 Pgs 404-405
Written: December 1873

404


2nd Dec 1873 Special Court of Probate
	Present H W Watson Judge
Estate of 
Laura B Wilson
Minor			This day came S. M. Wilson 
as Guardian of Laura Benjamin Wilson a minor 
and returned an Inventory of said wards estate 
in writing under oath which was examined approved 
and ordered to be recorded and filed.



Estate of 
Mark Franklin		Order admitting Will to Probate
Dec’d					The cause
of the application of Twiggs Franklin a citizen of 
Butler County for the probate of paper writing 
purporting to be the last will and testament of 
Mark Franklin deceased late of the County of 
Butler and State of Alabama coming in for a hearing 
and it appearing to the court that notice of this 
application and the day set for the hearing has been 
given by publication for three successive weeks in 
the South Alabamian a news paper published in 
the county of Butler Alabama notifying John Waller 
and wife Vinney Waller who are of full age 
and residing in the State of Texas to be and 
appear before a court of probate to be held for 
Butler County Alabama on the 2nd day of 



								405
December 1873 to show cause against said probate and the 
citation to the next of kin citing them to appear 
this day to show cause (all of whom are resident 
in the state having been returned into court service 
accepted except as to E. Burkett and wife Catherine 
Burkett as to whom citation has been sent by Jas. H. 
Perdue Sheriff of Butler County ten days before the 
day of hearing, and the service as to the others being 
present in open Court and it appearing to other Court 
that the deceased Mark Franklin was a resident 
citizen of the County of Butler Alabama of full age 
and B. Burkett one of the subscribing witnesses 
to said paper writing a credible person of full age, 
and a citizen of Butler County coming into open 
court and being duly sworn doth depose and 
say that he was present and saw Mark 
Franklin whose name appears signed to said 
paper writing sign and seal the same as and 
for his last will and testament that he the said 
Franklin at a the time of signing said paper writing 
was of sound and disposing mind memory and under- 
standing, that he the affiant signed said paper 
writing as a witness in the presence of and at 
the request of the testator and in the presence 
of Twiggs Franklin the other subscribing witness 
and in the presence of each other on the day 
the same bears date  It is therefore ordered adjudged 
and decreed by the Court that said paper writing 
be and the same is hereby admitted to Probate and 
established as and for the last will and testament 
of the said Mark Franklin deceased, and ordered 
that the same be recorded and filed.


Additional Comments:
Image 33 of 72 @ Ancestry.com’s online census images for the 1870 Greenville, 
Butler Co, AL census page 33 P. O. Greenville enumerated 14 June lists the 
household 292/292 James Perdue 42 Sheriff.  He is listed as Jas. H. Perdue on 
image 1 of 50 of the 1880 District 36, Greenville, Butler Co, AL census page 
1A household 6/8.  Enumerated 1 June 1880 with age given as 53 & occupation as 
Deputy US Marshall.

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