Butler County AlArchives Court.....Franklin, Mark November 16, 1876 ************************************************ 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 November 1, 2008, 7:12 pm Source: Loose Papers, Butler County Courthouse, Greenville, Al Written: November 16, 1876 [written on left side of page:] Interrogatories to be Propounded to John W Tipton John C Stinson And William Dean ----- Novr 20th 1876 to sell on premises according to prayer of petition J L Powell Probate Judge [written on R side of page:] Recorded in Estate Record No 15 on pages 351 & 352 J L Powell Judge of Probate In the Probate Court } In the matter of the Estate of Butler County Alabama } Mark Franklin Decd Interrogatories To be propounded to John W Tipton, John C Stinson and William Dean of Butler county, the answers to which, when taken, are to be used in evidence before said Court, in the hearing of and in behalf of an Application made by Twigs Franklin Administrator of said Estate, to sell Lands belonging to the same: Int 1st Are you, or either of you, acquainted with the Heirs and Distributees of said Estate? If yes, state their names, and of whom are under the age of twenty- one years; of whom are married women, and to whom married; and if any of whom are of unsound mind; their residences; and if they alone are the Heirs and Distributees of said Estate Int 2nd Are you, or either of you, acquainted with the following Lands, belonging to said Estate, to wit: The W ½ of SW ¼ and SE ¼ of SW ¼ and SW ¼ of SE 1/4 Section one, and the NW ¼ of NW ¼ Section Twelve all in Township eight, Range Twelve, containing Two Hundred acres more of less lying in Butler County Alabama Int 3 Can said Lands be fairly, beneficially & equally divided among the heirs & Distributees of the Estate of said decd without a sale thereof? How far do you reside from said Lands; how long have you known said lands? To the best of your judgment what is the cast value of said lands, and what would they be worth sold on a credit of twelve months. Int 4 State anything else in your knowledge in behalf of this Petition. S J Bolling Atty for Admin Depositions of Wm Dean, John C Stinson & John W Tipton witnefses Sworn & examined under & by virtue of a commifsion Ifsued out of the Probate Court of the State of Ala Butler County in a certain cause therein depending between Twigs Franklin Administrator of the Estate of Mark Franklin Decd Plaintiff & the Heirs & Distributees of said Estate Defendants John C Stinson being sworn to speak the truth & nothing but the truth, doth depose & say as follows To the first Interrogatory he saith I know the Heirs & distributes of said Estate Cathrin Burkett, Relia Burkett, Polly Burkett, Net Burket, Twigs Franklin, Edmon Franklin Delia Riley, & the Heirs of Morris Franklin Deceased and the Heirs of Kiziah Burkett Deceased. don’t know of any under Twenty one years of age. Cathrin Burkett married to Ivin 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 of unsound mind. Cathrin Burkett, Relia Burkett, Polly Burkett, Net Burkett, Twigs Franklin, Edmon Franklin & 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. To the 2d Interrogatory he saith I know the lands To the 3d Interrogatory 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 lands 50 cts per acre. Twelve months credit to 1.00 per acre. To the 4th Interrogatory he saith I have stated all I know. Sworn to and subscribed before me this the 16th day of November 1876. Coleman OGwynn } Commifsioner } I D Stinson Wm Dean being sworn to speak the truth & nothing but the truth doth depose & say as follows To the 1st Interrogatory, he saith I know the Heirs & distributes of said Estate Cathrin Burkett, Relia Burkett, Polley Burkett, Nett Burkett, Twigs Franklin, Edmon Frank- lin, Delia Riley & the Heirs of Morris Franklin. Declared also the Heirs of Kiziah Burkett Deceased. Don’t know of any under Twenty one years of age. Cathrin Burkett married to Ivin 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 are of unsound mind. Cathrin Burkett, Relia Burkett, Polly Burkett, Nett Burkett, Twigs Franklin, Edmon Franklin & Heirs of Kiziah Burkett reside in Butler County. Delia Riley reside in the State of Louisiana. Residence of the Heirs of Morris Franklin not known. To the 2d Interrogatory he saith I am not much acquainted with said lands To the 3d Interrogatory he saith said lands cannot be farely divided among said heirs without a sale thereof. I reside about Two miles from said lands. Have known said lands partially for about Forty years Cash valuation 50 cts per acre. Twelve months credit $1.00 per acre. To the 4th Interrogatory he saith I have stated all I know. Sworn to and subscribed before me this the 16th day of November 1876. Coleman O. Gwynn} William Deen Commifsioner } John W Tipton, being sworn to speak the truth & nothing but the truth, doth depose & say as follows: To the first Interrogatory, he saith, I know Edmon Franklin, Twigs Franklin, Delia Riley, Polly Burkett, Nett Burkett, Relia Burkett, Hugh Burkett (son of Kiziah Burkett deceased), Stephen Franklin (son of Morris Franklin deceased) Cathrin Burkett none under Twenty one years of age. Delia Riley married to W C Riley, Polly Burkett married to Henry Burkett, Nett Burkett, married to Bartilla Burkett, Relia Burkett, married to Elias Burkett, Cathrin Burkett married to Ivin Burkett none of unsound mind. Edmon Franklin, Twigs Franklin, Polly Burkett, Nett Burkett, Relia Burkett, Hugh Burkett, Cathrin Burkett Reside in Butler County. Delia Riley resides in Louisiana. Stephen Franklin residence not known. They & they alone are the Heirs & distributes of said Estate so far as I know. To the 2d Interrogatory he saith I know the lands belonging to the Estate of Mark Franklin Decd. To the 3d Interrogatory he saith said lands cannot be farely divided among said Heirs without a sale thereof. I reside within one & a half miles of said lands. Have known said lands for the last Ten years. Cash value Seventy five cents per acre. Credit of Twelve months one Dollar per acre. To the 4th Interrogatory he saith I have stated all I know. Sworn to and subscribed before me this the 17th day of November 1876. Coleman O. Gwynn } Commifsioner } John W Tipton I the commifsioner in said commifsion name- ed do hereby certify that the evidence of the witnefses Wm Dean, John C Stinson & John W Tipton was taken down under oath & subscribed by them in my presence after being read over to them on the 16th day of November 1876 at Georgiana in the County of Butler & State of Alabama & that I have personal knowledge of said witnefses, & that I am not of kin or counsel to any of the parties interested in said matter. Coleman O. Gwynn Commifsioner Commifsioners fee $5.00 Wm Dean fee $1.50 J W Tipton “ $1.50 J C Stinson “ $1.50 R J Pullin for serving summons $1.50 Additional Comments: I believe this John W Tipton to be John F W Tipton (27 Jul 1835 GA - 04 Feb 1906 Ringgold, Bienville Parish, LA) who married Lucretia (Lugresie) Burkett (03 Feb 1835 Butler Co, AL - 07 Apr 1918 Ringgold, Bienville Parish, LA. Lucretia being the daughter of Thomas Burkett & Rachel Herrington. At the time of this document, there was no relationship between John W Tipton and the Franklins, HOWEVER, 15 years later on 30 Oct 1892 his son, John Thomas Tipton, married Lula Kisiah Franklin in Bienville Parish, LA. Lula Kisiah was the daughter of David Twiggs (Twiggs) Franklin, son of Mark Franklin and administrator of his estate. File at: http://files.usgwarchives.net/al/butler/court/franklin298gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 8.6 Kb