Butler County AlArchives Court.....Franklin, Mark January 4, 1875
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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 November 1, 2008, 11:41 am

Source: Loose Papers, Butler County Courthouse, Greenville, Al
Written: January 4, 1875

Estate of Mark Franklin

[left side of page:]

Comes
John W Eubank
John Tipton
Moses Myrick
John A Bryant
Benj. F Scruggs
Aug 20/75


writ issued to Sheriff
Oct 14 1875
	J L Powell
	Probate Judge

Recorded in book 15
of Estates on pages
262 & 263 J L Powell
Judge of Probate

[right side of page:]

Petition for Dower

Saturday the 10th
of April 1875
set to hear the
within petition
	J L Powell
	Judge of Probate

continued to Jun
21/75

continued to 1st
August 1875
Petition granted
	August 1875

[petition follows on next page]



The State of Alabama  Butler County
To Honble. J L Powell Judge of the
Court of Probate for said County

Your petitioner Nancy Franklin
respectfully represents unto your
Honor that she is the widow and
relict of Mark Franklin late
of the County and State aforesaid
deceased; that said deceased
departed this life about the
month of September 1873 that
he made his last will and
testament, by which he did
not provide for your petitioner
as amply as the law provided
for her and your petitioner
filed her difsent in the probate
Court of said County on the
10th day of December 1873,
difsenting from the provisions
of the said last will and testament
of said deceased and electing
to take the provisions made
for her under law.
	Your petitioner further represents
unto your Honor that said deceased
died seized and pofsefsed of
the following described land
to which she had never relinqu-
-ished her dower; to wit
The NE ¼ of NE ¼ Section 11 and
the SE ¼ of SE ¼ section 2 lefs five
acres which had been previously
disposed of to Bartilla Burket
in the last described 40 acres.
Also the W ½ of SW ¼ & 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 the
County and State aforesaid
and containing 315 acres more
or lefs.
That said deceased left surviving
heirs the following named heirs
and distributes, to wit; your
petitioner Nancy Franklin widow
and relict of deceased of full age, also
the following named children and
grand children, to wit; Edmond
Franklin, Twiggs Franklin, Catharine
Burkett wife of Evan Burkett, Mary
Burkett widow of Henry Burkett,
Rillia 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 Presides in Monroe
County Ala, and Stephen Franklin
child of Morris Franklin decd
off full age and resides in Monroe
County Ala.  That Edmund Franklin
Twigs Franklin and Bartilla
Burkett are the Executors of the
last will and Testament of said
deceased.  That the Estate of said
deceased is unemcumbered and
clear of debt.  Your petitioner
therefore prays that the property
of said Estate which is not the
subject of Administration shall
be set apart to her under the
statute laws of the State of Alabama,
or the proceeds thereof, a portion of which has been sold.
That her dower interest in the
real estate be set apart to her
by metes and bounds, that a
day be set apart to hear and
determine upon this application,
that a guardian ad litem be
appointed for said minors &
that such other and all other
proceedings may be had hereon
as shall be necefsary and proper
so as to have your petitioners
dower interest in said lands
set apart to her, and your
petitioner will ever pray &c.
Sworn to and		}
subscribed before	}			her
me Jany 4th 1875	}		Nancy   X  Franklin
J L Powell		}			mark
Judge of Probate	}


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