Butler County AlArchives Court.....Franklin, Mark December 2, 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, 11:56 pm Source: Loose Papers, Butler County Courthouse, Greenville, Al Written: December 2, 1875 The State of Alabama Butler County To Honble. J L Powell Judge of the Court of Probate 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 sold Administrator of the Estate of said deceased that Nancy Franklin the widow and relict of said deceased filed her difsent to the last will & Testament of said deceased in your Honors 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 Honors Court that said deceased died seized and pofsefsed of Two hundred acres of land besides the lands which have been set apart to said widow as her Dower, which is described as follows, to wit; The W ½ of SW ¼ and SE ¼ of SW ¼ and SW ¼ of SE ¼ Section 1 and the NW ¼ of NW ¼ Section 12 all in the Township 8 Range 12 containing 200 acres more of lefs, 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 him the following named children and grand children his heirs & distributes, to wit; Edmond Franklin, Twigs Franklin, Catharine Burkett wife of Evan Burkett, Mary Burkett widow of Henry Burkett, Rilla Burkett 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 resides in the County of Butler and State aforesaid; and Hugh, Viney, Netty Ann, Moses and Frances Burkett children of Kiziah 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 decd of full age and resides in Monroe County Ala, that the Estate of said deceased is clear of debt. That said lands cannot be fairly equally and benefically divided among the heirs and distributes of the Estate of said deceased without a sale thereof. Your petitioner therefore prays that a day certain may be appointed to hear and determine this application that citations may ifsue to all of the resident heirs and distributies above named who are of full age, that guardians at litem may be appointed to represent the interest of said minors above named and that they be served with notice of their appointment, that a decree may be rendered in your Honors Court directing and decreeing your Admr. to sell said lands for the purpose of division and distri- -bution among the heirs and distribu- -tees of the Estate of said deceased on a credit of twelve months and that such other and further proceedings may be had hereon as is necefsary and proper and your petitioner as is duty bound will ever pray &c Sworn to and } subscribed before } me this 2nd } Twiggs Franklin day of December 1875 } J L Powell Probate Judge File at: http://files.usgwarchives.net/al/butler/court/franklin267gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 3.6 Kb