Butler County AlArchives Court.....Franklin, Mark December 1875 ************************************************ 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: Lisa F. Franklin (not associated with Tracking Your Roots) lisafranklin2004@earthlink.net and Belinda Jacks belindaj@sbcglobal.net October 30, 2008, 7:35 pm Source: Estate Record Volume 15 Pages 350-352 Written: December 1875 350 Estate of Mark Franklin Decd The State of Alabama Butler County } To Honorable J L Powell } Judge of Probate Court for said County: Your petitioner Twigs Franklin administrator with the will annexed of the Estate of Mark Franklin respectfully represents unto your Honor that he is the sole administrator of the Estate of deceased that Nancy Franklin the widow and relict of said deceased filed her dissent to the last will and Testament of said deceased in your Honor’s Court on the 10th day of December 1873 and has had her dower interest in the real estate of said Estate set apart to her in your Honor’s Court that said deceased died seized and possessed of Two Hundred acres of land besides the lands which have been set apart to the widow as her dower, which is described as follows to wit: The W ½ of SW ¼ and SE ¼ of SW ¼ & SW ½ of SE ¼ Section 1 and the NW ¼ of NW ¼ Section 12 all in Township 8 Range 12 containing 200 acres more or less lying and being in the County of Butler and State aforesaid (besides the 115 acres set apart to the widow as her dower). That said deceased left surviving heirs the following named children and Grand children his heirs and destributies to wit: Edward Franklin Twigs Franklin Catherine Burkett wife of Evan Burkett Mary Burkett widow of Henry Burkett Rilla Burkett wife of Elias Burkett Fernetta Burkett wife of Bartilla Burkett Adelly Riley wife of W C Riley all of whom are of full age and reside in Butler County and State aforesaid and Hugh Netty Ann Moses and Frances Burkett children of Kesziah Burkett deceased all of whom are minors except Hugh Burkett who is of full age and resides in Butler County Ala the other four minors resides in Monroe County Ala, and Stephen Franklin child of Morris Franklin deceased of full age and resides in Monroe County Ala that the said deceased is clear of debt. That said lands cannot fairly or equitably and beneficially divided among the heirs and distributes of said Estate of said deceased without a sale thereof. Your petitioner therefore prays that a day certain may be appointed to and determine this application that citation may issue to all the resident heirs and distributies above named who are of full age that Guardians ad litem may be appointed to represent the said 351 Minors above named and that they be served with notice of the appointment that a decree may be rendered in your Honors Court directing and decreeing your Admr to sell said lands for the purpose of divisions and distribution among the heirs and distributes of said deceased on a credit of Twelve Months and that such other and further proceedings may be had hereon as is necessary and proper. And as in duty bound will ever pray &c. Sworn to and subscribed before me this 2d day of Dec 1875 J L Powell } Judge of Probate } Twiggs Franklin Depositions of Wm Dean John C Stinson & John W Tipton Witnesses sworn and Examined under and by virtue of a commission issued out of the Probate Court of the State of Alabama Butler County in a certain cause therein depending between Twiggs Franklin Administrator of the Estate of Mark Franklin Deceased Plaintiff & the heirs and distributies of said Estate Defendents. John C Stinson being sworn to speak the truth and nothing but the truth doth depose and say as follows: 1st To the first interrogatory he saith I know the heirs and distributies of said Estate Defendants Catherine Burkett, Relia Burkett Polly Burkett Net Burkett Twiggs Franklin Edmon Franklin Delia Riley and the heirs of Morris Franklin Deceased also the Heirs of Keziah Burkett deceased don’t know of any under twenty one years of age Catherine Burkett married to Irvin Burkett Relia Burkett married to Elias Burkett Polly Burkett married to Henry Burkett Net Burkett married to Bartilla Burkett Delia Riley married to W C Riley none of unsound mind Catherin Burkett Relia Burkett Polly Burkett Net Burkett Twiggs Franklin Edmon Franklin and Heirs of Keziah Burkett reside in Butler County Delia Riley reside in the State of Louisiana residence of the heirs of Morris Franklin not known. 2d To the 2d interogatory he saith I know the land 3d To the 3d Interogatory he saith the lands cannot be divided among the heirs without a sale thereof I live about half mile from said lands have known said lands all my life. Cash value of said land its pr acre Twelve months $1.00 per acre. (351 continued) 4 To the 4th Interogatory he saith I have stated all I know Sworn to and subscribed before me this the 16th day of November 1876 Coleman O Gwynn } Commissioner } J C Stinson Wm Dean being sworn to speaks the truth and nothing but the truth doth depose and say as follows: 1st to the 1st Interogatory he saith I know the heirs and distributies of said Estate Catherine Burkett Relia Burkett Polly Burkett Nett Burkett Twiggs Franklin Edmon Franklin Delia Rilla & the heirs of Morris Franklin deceased also the Heirs of Keziah Burkett Deceased don’t know of any under twenty one years of age Catherine Burkett married to Irvin Burkett Relia Burkett married to Elias Burkett Polly Burkett married to Henry Burkett Nett Burkett married to Bartilla Burkett Delia Riley married to W C Riley none 352 are of unsound mind Catherine Burkett Relia Burkett Polly Burkett Nett Burkett Twiggs Franklin Edmon Franklin and heirs of Keziah Burkett reside in the State of Louisiana residence of the heirs of Morris Franklin not known 2d To the second interrogatory he saith I am not much acquainted with said lands 3rd To the 3rd interrogatory he saith said lands cannot be fairly divided among said heirs without a sale thereof I reside about Two miles from said lands partially for about forty years cash valuation 50 cts per acre twelve months credit 1.00 per acre. 4 To the 4 Interogatory he saith I have stated I have stated all I know Sworn to and subscribed before me this the 16th day of November 1875 Coleman D (or O) Gwynn } Commissioner } William Dean John W Tipton being sworn to speak the truth and nothing but the truth doth depose and say as follows 1st To the first Interogatory he saith I know Edmon Franklin Twiggs Franklin Delia Riley Polly Burkett Nett Burkett Relia Burkett Hugh Burkett son of Keziah Burkett deceased Stephen Franklin son of Morris Franklin deceased Catherin Burkett none under twenty one years of age Delia married to W C Riley Polly Burkett married to Henry Burkett Nett Burkett married to Bartilla Burkett Relia Burkett married to Elias Burkett Catherine Burkett married to Irvin Burkett none of unsound mind Edmond Franklin Twiggs Franklin Polly Burkett Nett Burkett Relia Burkett Hugh Burkett Catherine Burkett reside in Butler County Delia Riley resides in Louisiana Stephen Franklin residence now known they and they alone are the heirs and distributies of said estate as far as I know 2d To the second Interogatory he said I know the lands belonging to the Estate of Mark Franklin decd 3d To the third interrogatory he saith said lands cannot be fairly divided without a sale thereof I reside within one and a half miles of said lands have known said lands for the last ten years cash value 75 cts per acre credit of twelve months 1.00 per acre 4th To the 4th interrogatory he saith I have stated all that I know Sworn to and subscribed before me this the 16th day of November 1876 Coleman O Gwynn } John W Tipton Commissioner } (352 continued) I the Commissioner in said commission named do hereby certify that the evidence of the witnesses Wm Dean John C Stinson and John W Tipton was Taken down under oath and subscribed in my presence after being read over to them on the 16th day of November 1876 at Georgiana in the County of Butler and State of Alabama and that I have personal knowledge of said witnesses and that I am no kin or connect to any of the parties interested in said matter. Coleman O Gwynn Commissioner File at: http://files.usgwarchives.net/al/butler/court/franklin246gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 8.7 Kb