Butler County AlArchives Court.....Franklin, Mark 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, 8:03 pm Source: Probate Minutes Volume 18 Pages 250-257 Written: 1875 250 Mark Franklin decd Estate of } Special Term Probate Court Order to Sell Land } November 20th 1876 This being the day appointed more than forty days since for hearing the application of Twiggs Franklin, administra- tor in this Court, of said Estate, for an order to sell certain lands, hereinafter described, for the purpose of division, and upon the grounds that the same cannot be equitably divided among the divisees of said Estate, And motion of said application having been given by publication in a newspaper &c, in all re- spects to according to the former order of this Court made and entered in the premises on the 3rd day of December 1875, now comes the said administrator, and moves the Court, that said application be granted, and also comes Ransom Seale who is not of kin to said admin, nor in any way interested in this proceeding, and who was heretofore duly appointed and has consented to act as guardian ad litum, to repre- sent and protect the interest of Viney, Nelly Ann, Moses and Frances Burkett, minors, and who are interested in this proceed- ing; and the said guardian ad litum having filed his an- swer, denying the allegations contained in said appli- cation, and the said Viney, Nettie Ann, Moses & Frances Burkett and Stephen Franklin, having had notice, strictly & in all re- spects, in accordance with the order of this Court, made and entered in this proceeding on the 3rd day of December 1875, as is now shown, to the satisfaction of the Court, by due proof; and it having been proven to the satisfaction of the Court, by the oaths of John W Tipton, John C Stinson & William Dean, who are disinterested witnesses, and whose testimony has been taken by deposition, and upon direct interrogation and which testimony has been filed on record in this pro- ceding that the lands described as follows , to wit: The W 1/2 of SW 1/4 and SE ¼ of SW ¼ and SW ¼ of SE ¼ Section 1 and the NW ¼ of NW ¼ Section 2, all in Township 8 Range 12 con- taining 200 acres more or less, lying & being in the 251 County of Butler and State of Alabama (Besides the 115 acres set apart to the widow as her dower), cannot be equitably divided among said heirs & divisees, and that the same is required to be sold for the purpose of making an equitable division of said Estate. It is therefore ordered, adjudged and decreed, that said application be granted, and said administrator is hereby ordered to sell the above described land, at public outcry, in manner and form as the law directs in such cases, after having first given notice, for at least three successive weeks, of the time, terms and place of the sale, together with a description of the property, in the Greenville Advocate, a news paper published in this County, said Sale to be made upon the following terms, viz: on a credit of twelve months, with interest from date of sale, and to be secured as law directs. J L Powell Probate Judge 252 Mark Franklin decd Estate of } Special Term Probate Court In a matter of Dower } January 4th 1875 This day came Nancy Franklin, and filed her petition in writing, and under oath, alleging among other things, that she the said Nancy Franklin, is the widow of said decedent, and, as such, is entitled to have a life estate assigned her in cer- tain lands, described in said petition, for her dower in- terest therein, the same being lands of which her said de- ceased husband was seized in for during her marriage with him, in and to which she never relinquished her right of dower, and the said land being so situated, that such dower can be set off and justly assigned by metes and bounds; and it not being shown to the Court that the proper notice has been given to those interested adversely to the said widow, in her said claim for dower, of the time when said petition would be filed and an order for the assignment of 253 dower prayed for; and it appearing from an inspection of said petition that the only heirs at law of said deceased are the following named persons, viz: Nancy Franklin widow of said decd of full age, also the following named children and grandchildren, to wit: Edmond Franklin, Twiggs Franklin, Catherine Burkett wife of Evan Burkett, Mary Burkett widow of Henry Burkett, Rillia Burkett wife of Elias Burkett, Fernetta Franklin wife of Bartilla Burkett, Adella Riley wife of W C Riley, all of whom are of full age & reside in Butler County, Ala, and Viney, Nellie Ann, Moses, and Frances Burkett all minors, and in Monroe County, Ala, and Hugh Burkett of full age & resides in Butler County Ala. It is therefore ordered adjudged & decreed that that the matter of said petition be set for a hearing on the 10th day of April 1875, and that notice of the same be given by pub- lication to be continued for three successive weeks in the Green- ville Advocate, a newspaper published in this County, and that all the above named heirs have notice of this proceeding & of the day set for hearing the said petition, by service of cita- tion to be served on them, as is in such cases required by law, That the appointment of a suitable person to act as Guardian ad litum for said minors be postponed until said citations shall have been duly served on said minors, agreeable to the foregoing terms of these present orders, for such a length of time as shall be deemed and adjudged by the Court to be reasonable and suf- ficient for such of said minors as are over the age of fourteen years, and for the friends and custodians of others who are inter- ested, and who should be represented by guardians, to come in and nominate to the Court a proper person to act as such guardian. J L Powell Probate Judge Mark Franklin decd Estate of } Special Term Probate Court Appointment of Guardian ad litum} February 1875 And it being this day fully proven to the Court that the publication has been made, and notice given to the widow and next of kin of said deceased, as required by law, and in strict accordance with the former orders of this Court, made and en- tered, in this proceeding, on the 4th day of January 1876, and none of said minors, nor any other person for any of them, having appeared, or in any way signified to this Court, a choice of (253 continued) any fit or proper person to represent them, and attend to their interest in this proceeding, It is now, therefore, ordered by the Court that Ransom Seale Esqr be, and he is hereby appointed Guardian ad litum, in this proceeding, for, and to represent & protect the interests of Viney, Netty Ann, Moses & Frances Burkett, The said Seale being considered by the Court, as in every respect, a fit and proper person to attend to, and to protect the interest of the said minors in the matter of the said Dower. 254 It is further ordered that said Ransom Seale be forthwith no- tified of his said appointment, and of the day set for hearing the said applicant for dower. J L Powell Probate Judge Mark Franklin decd Estate of } Special Term Probate Court Order of Continuance } April 10th 1875 This being the day appointed for hearing of petition of Nancy Franklin, praying for an allowance and as- signment to her of dower; It is ordered that the hearing of the said petition be continued to the 1st day of August 1875. J L Powell Probate Judge Mark Franklin decd Estate of } Special Term Probate Court Order of Continuance } June 21st 1875 This being the day appointed for hearing the petition of Nancy Franklin praying for an allowance and as- signment to her of dower. It is ordered that the hearing of the said petition be continued to the 1st day of August 1875. J. L Powell Probate Judge Mark Franklin decd Estate of } Special Term Probate Court In a matter of Dower } August 1st 1875 This day being the day appointed for hearing the petition of Nancy Franklin, praying for an allowance and assign- ment to her of dower in the lands described as follows to wit: The NE ¼ of NE ¼ Section 11 and the SE ¼ of SE ¼ Sec- tion 2, less five acres which had been previously disposed of to Bartilla Burkett in the last described 40 acres. Also the W ½ of Sec 14 & SE ¼ of SW ¼ & SW ¼ of SE ¼ Section 1, and NW ¼ of NW ¼ Section 12, and SW ¼ of SE ¼ Section 2, all in Township 8, Range 12, lying and being in Butler County and State of Alabama, and containing 315 acres more or less. And it being now proven to the satisfaction of the Court that the parties in interest, and who are particularly (254 continued) referred to and designated in the order of this Court entered in the premises on the 4th day of January 1875, have each and all of them been duly notified of said petition, and that the matter therof would be this day heard and determined by the Court, by publication, and otherwise as required by the law, and in all particulars strictly according to the directions of said former order, Now comes the said Nancy Franklin and also comes Ran- som Seale, who was heretofore on the (blank) day of February 1875 appointed, and who now appears in open Court, and consents to act as guardian ad litum for said minors 255 Viney, Netty Ann, Moses, and Frances Burkett, and to protect their interest in this proceeding: and also came Twiggs Franklin, the personal representative of said deceased, in this Court, and all other parties in interest in this proceeding having been duly served with notice as aforesaid, and said Guardian ad litum having filed his answer for all of said minors denying all of said al- legations contained in said petition, on motion of the said Nancy Franklin the Court proceeds to hear the proof and to determine the right of said petitioner to dower in the lands above set forth, being the same described in said petition whereupon it appears by due proof, to the satisfaction of the Court, that said petitioner is the widow of said deceased, that the said deceased was seized in per?, during his marriage with the petitioner of the several parcels of land above refer- red to, in and to which the petitioner never relinquished her right of dower, that dower in said lands can be justly assign- ed by metes and bounds, that the said decedent left a last will and testament which has been duly proved and admitted to record in this Court, from the provisions of which will the said Nancy dissented in due form, and in writing, which dis- sent she duly deposited with the Judge of this Court within one year from the date of the probate of said will; that the said Estate is entirely solvent, and that said Mark Frank- lin died leaving ___descendants. It is therefore ordered, adjudged and decreed by the Court, that the said Nancy Franklin is entitled to have an estate for her life set apart for, and allotted to her, in one third of all and singular, the lands above described, that portion of said lands being now ad- judged by the Court to be her rightful dower interest therein. It is further ordered, that for the purpose of carrying the above decree into effect, that the Sheriff of this County be directed of a writ of dower to summon five freeholders, not con- nected with any of the parties to this proceeding by consan- guinity or affinity, to set off and allot, by metes and bounds, the said dower interest of the said Nancy Franklin in said land, having regard to the improvements and quality of the land, as well as to the quantity of the dower, and to perform all other duties required of them by law in relation thereto. (255 continued) It is further ordered that each petition, an all other papers and proceedings in this case be recorded, to be referred to if necessary, as part of this decree. It is further ordered that said Nancy Franklin pay all the costs of this proceeding. J L Powell Probate Judge 256 Mark Franklin decd Estate of } Special Term Probate Court Decree confirming Land Return } November 8th 1875 As to Dower } Whereas in pursuance of an decree of this Court, rendered in the premises, on the 1st day of October 1875, the following writ was addressed and de- livered to the Sheriff of this County of the 14th day of October 1875 whereas It was decreed by the Probate Court of said County, on the 1st day of August 1875, that Nancy Franklin is entitled to Dower in certain lands belonging to the Estate of Mark Franklin, and lying and being in said County, and which lands are described as follows, to wit: NE ¼ of NE ¼ of Sec- tion 11, and SE ¼ of SE ¼ of Sec 2, less 5 acres which had been sold to Bartilla Burkett of the last 40 acres, Also the SW ½ of the SW ¼ and SE ¼ of SW ¼ and SW ¼ of SE ¼ Section 1, and NW ¼ of NW ¼ of Section 12, and SW ¼ of SE ¼ Section 2, all in Township 8, Range 12, and whereas, It was decreed that the said dower is one third portion of the said land; and where Edmond Franklin, Twiggs Franklin, Catherine Burkett wife of Evan Burkett, Mary Burkett widow of Henry Burkett, Rilla Bur- kett wife of Elias Burkett, Fernetta Burkett wife of Bartilla Burkett, Adella Riley wife of W C Riley all of whom are of full age, and reside in Butler County, Hugh, Viney, Nettie Ann, Moses and Frances Burkett, children of Keziah Burkett all of whom are minors except Hugh Burkett who is of full age, and resides in Butler County, Alabama, the other four minors reside in Monroe County, Alabama, Stephen Franklin child of Morris Fran- klin of full age and resides in Butler County, Ala, are parties to this proceeding and to such decree. You are hereby directed in pursuance of said decree, to summon five freeholders not connected with the parties by consanguinity or affinity to allot and set off by metes and bounds the said Dower, having regards to the improvements and quality of the land as well as the quantity of the Dower, and such other proceedings to have in relation thereto as are required by law; and you will due return make of this writ, with your (256 continued) proceedings thereon endorsed at or before the next term of this Court to be held on the 8th day of November 1875, witness J L Powell Judge of said Court at office, this the 14th day of Oct 1875. J L Powell Judge of Probate And whereas, the said Sheriff did afterwards on the 22nd day of October 1875, return the said writ, with his return thereon en- dorsed in writing, which is in words and figures following, to wit: In pursuance of the within writ to me directed, I this day Summoned John W Eubanks, John Tipton, Moses Myrick, John A Bryant & Benjamin F Scruggs being five freeholders who are not connected with the parties nam- ed in said writ, by consanguinity or affinity, to allot and set off the Dower as therein specified, and before they 257 proceeded to assign said Dower, I administered an oath to each of them impartially and to the best of their skill and ability to assign the said dower pursuant to the decree referred to in said writ, Witness my hand this the 20th day of October 1875, W M Flowers Sheriff of Butler County By W P Thigpen Special Deputy And whereas said commissioners, named in said Sheriffs return did on the 20th day of October 1875, make the following return of their action in the premises in writing subscribed by them to the Judge of Probate of this County, to wit: By virtue of the annexed writ and the Summons of the Sheriff, we the undersigned five freeholders of said County, not connected with the parties by consanguinity, or affinity, having first been duly sworn according to law, did on this the 20th day of October 1875, pro- ceed to assign the dower therein specified according to the decree therein names; and we do hereby allot and set off the following metes & bounds, to the said Nancy Fran- klin, the following described lands being one third portion of the lands named in said writ and decree having re- gard to the improvements and quality of the land as well as the quantity of the dower, to wit: S ½ of SE ¼ of Section 2, less five acres sold to Bartilla Burkett, also N ½ of NE ¼ of Sec 11, all in Township 8, Range 12, in witness of which the undersigned com- missioners have hereunto set their hands and seals the day and year aforesaid. J W Eubanks {LS} Moses Myrick {LS} J A Bryant {LS} B F Scruggs {LS} Jno W Tipton {LS} And said return of said commissioners having been made and filed with the Judge of this Court on the 22nd day of Octo- ber 1875, and which is adjudged by the Court, leaves a reasonable period of time before this day, for the filing of any objections or (257 continued) exceptions thereto, if any just cause of exception or objection to said return exists, and no objection or exception of any kind having been taken, filed or in any way made known to the Court, or to the Judge whereof; and the Court, from a full examination of the facts in the case, and after mature deliberation in the premises, being now entirely satisfied that the action of said commissioners in this behalf, and their said return thereof, is just and equitable; and that all matters and things connected with the said allotting and assignment of said dower, from the beginning of this proceeding to the present time, having been fairly and properly managed, conducted and concluded. It is or- dered, adjudged and decreed by the Court, that said return and all others, the proceedings in this matter, be and the same are hereby wholly ratified & fully confirmed, and, as above, the same together with the said returns of said Commissioners, are recorded. J L Powell Probate Judge File at: http://files.usgwarchives.net/al/butler/court/franklin250gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 18.3 Kb