Chambers Co. AL - Estate papers for Margaret Musick USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Submitted by: Glenda Brack UCMEGEEBEE@aol.com ------------------------------------------------------------------------- Estate papers for Margaret Musick Wife of Jonathan Musick Note: All of the following were extracted by me from Xerox copies of the originals that are in my files. Glenda Brack 12 May 1856 REF # (Note In the Margin on the top part of the page) Application Filed May 12th 1856 1st The State of Texas County May Term 1856 County of Upshur Pertaining to the Estate of Deceased Persons To the Hon. W L Martin Chief Justice of said county the undersigned petitioners would respectfully represent unto your Hon that William J. Jones minor heir of William Jones deceased has and Estate coming to him in the State of Alabama Macon County and that said minor is unrepresented in the capacity of a Guardian and that the condition of his Estate is such as to require a Guardian. Therefore your petitioner prays that proper notice be given and petitioner be appointed Guardian of the Person and Estate of said minor at the Term of Court above recited and your petitioner will ever pray Etc James Jones (Written in the margin of the document by the following) The State of Texas County Court pertaining County of Upshur to the Estate of Deceased Persons May Term 1856 began and held at the Court House in the Town of Gilmer Upshur County Texas on the last Monday of May 1856 Presiding his Hon Wm. L. Martin Chief Justice the application of James Jones for Letters of Guardianship Ordered by the court that James Jones be and he is hereby appointed Guardian of the Person and Estate of the minor William J. Jones. Heir of William Jones Decd and that Letters of Guardianship issue upon him given bond as the law _______ Next Page of Document (Written in the margin next to the following entry) Guardians Bond filed and approved May 26, 1856 The State of Texas Know all men by these County of Upshur presents that I James Jones as principal and George W. Y. Musick and James Christian as securities are held and firmly bound unto W. L. Martin Chief, Justice of said Court or his successor in Office in the sum of Eleven Hundred Dollars for the payment of which well and truly to be made we bind ourselves our heirs and assigns jointly severally and firmly by these presents Signed with our hands and Sealed with our seals using scrawls for seals this the 26th day of May A.D. 1856 The condition of the above obligation is Such that whereas that James Jones has been appointed Guardian of the Person and Estate of the minor William J. Jones. Now if the said James Jones Shall well and truly perform all the duties required of him by Law under said appointment then this obligation Shall be null and void otherwise remain of full force and effect in law and equity James Jones James Christian G. W. Y. Musick (Written in the margin beside the following entry) Guardian Oath (the entry reads as follows) The State of Texas Upshur County I James Jones do solemnly Swear that I will faithfully and impartially perform and discharge all the duties incumbent on me as Guardian of the Person and Estate of the minor William J. Jones to the best of my skill and ability So help me God James Jones Sworn to and subscribed before me this 26th day of May A.D. 1856 Wm. L. Martin, Chief Justice Examined and approved the date above made Wm. L. Martin, Chief Justice. Next Page of document (Written in the margin beside the following entry) Letters of Guardianship (the entry reads) The State of Texas Whereas at the May Term County of Upshur of the County Court 1856 Pertaining to the Estates of Deceased persons An Order was made appointing James Jones Guardian of the Person and Estate of William J. Jones, minor and the said James Jones having given bond as the law requires for the faithful performance of his duties as said Guardian and the same having been approved. These are therefore to authorize the said Jones to take into his possession and control all the property belonging to said minor and manage the Same as the Law decrees Given under my hand and the seal of the County Court at Gilmer May 26th A.D. 1856 Attest G. E. Warren Co. Clk Wm. L. Martin Chief Justice (Written in the margin beside the following entry) Clerks Certificate (the entry reads) The State of Texas I. G. E. Warren clerk County of Upshur of the County Court of said county do hereby Certify that the foregoing two pages and a half of writing contain the true transcript (written above the line) from the ___ in my official of the application appointment Bond and letters of Guardianship of James Jones Guardian of the Person and Estate of the minor William J. Jones together with the date of filing and approval of same and that he is the Guardian at this time Given under my hand and the seal of the county court of said county of Gilmer Feby 12th A.D. 1859 G. E. Warren Co. Clk. NEXT PAGE OF DOCUMENT (Written in the margin beside the following entry) Chief Justice Certificate (Entry reads) The State of Texas I. J. M. Simpson County of Upshur Chief Justice of said County do hereby Certify that G. E. Warren whose name and Signature appears to the foregoing Certificate of Transcript as clerk is now and was at the time of making the same the clerk of the county court of said county duly Elected Commissioned and Sworn and that full faith and credit is due his official acts as Such. Given under my hand and official seal at Gilmer Feby 12th A.D. 1859 J. M. Simpson Chief Justice, UC 29 September 1857 REF # PROBATE MINUTES, BOOK 6, PAGES 421, 422, 423 (Note these are records and not legal documents) Benjm. Blassingame, admr This day came Benjm. Blassingame vs = apt to sell land administrator of the Estate of The Heirs of Margaret Musick, dec'd and Margaret Musick, decd makes application in writing, for an order of sale, to sell the west half of the south east quarter of section thirty five (35) NEXT PAGE OF DOCUMENT township twenty two (22) of Range twenty five (25) for the pur- pose of distribution amongst the heirs of said Margaret Musick dec'd alledging that the said Margaret Musick, dec'd seized and possessed of the said land; and that the same cannot be equitably divided amongst the heirs of the said Margaret Musick, dec'd; and that the heirs of the said Margaret Mu- sick, dec'd are Betsey Richardson, wife of Adolphus Richardson, over the age of twenty one years of the State of Texas; John Hinkle of full age; George Hinkle, Martha Hinkle, minors over 14 years of age; and James Hinkle and Michael Hinkle minors under 14 years of age, who are in the custody of Michael Hinkle, all of Chambers County; and Frances Loveless (sic) a minor over 14 years and Matthew Loveless (sic) in the Custody of Archibald Loveless (sic) of Macon County, Alabama; and Alonzo Loveless (sic) a minor in the custody of Michael Hinkle of Chambers County, Ala. in right of Elmira Hinkle dec'd a daughter of Margaret Musick, decd. Phebe Morris wife of John Morris, adult of Chambers County, Ala.; Elizabeth Blassingame, wife of Benjamin Blassingame, adults, Emily Blassingame, wife of Thomas Blasingame, adults, Julia Kendall wife of Elisha H. Kendall, adult, all of the County of Chambers and State of Alabama. Geo. W. Y. Musick, Sally Jones, wife of James Jones, adults of the State of Texas, Statry Sessions, a minor under 14 years , in the cus- tody of her father ( blank left - should be Lewe) Sessions, of the State of Georgia; and Elizabeth Hubbard, adult, wife of Joseph Hubbard of Pike County, Alabama. Jane Hudson, adult, wife of William Hudson, of the State of Mississippi, Angeline Philingame, adult wife of Jephtha Philingame, of Barbour County, Ala.; Polly McBath, adult, wife of Gilmon McBath, of the State of Miss- issippi; Jonathan Jones, adult of the State of Mississippi; Martha Jones, adult of Talladega County, Ala.; Allen Jones adult, James Jones, minor, Missouri Jones, Minor of Talladega County, ala; and Jefferson Jones, minor, over 14 years of age, of the State of Texas, in right of their mother Miriam Jones decd ; and that said land cannot be equitably divided amongst the aforesaid heirs of said Margaret Musick, dec'd without a sale thereof; It is ordered by the Court, that the 9th day of Nov- ember next, be appointed for the hearing of the applica- NEXT PAGE OF DOCUMENT tion, that James F. Mitchell be appointed Guardian ad litem for the minors; that citations issue to the said Jas. F. Mitchell, Guardian ad litem, and to the resident heirs; notifying them of the application and of the day appointed for the hearing of the same; and that publication be made in the "Chambers Tribune", a newspaper published in the County of Chambers, for three successive weeks, notifying the non-resident heirs, of the application and of the day appointed for the hearing of same END OF THE ENTRY. 24 October 1857 REF # (On one side of the cover of a bi-folded document) Martha Jones Allen Jones James Jones Missouri Jones (On the other side of the cover of the bi-folded document) Buford Ala October 24th 1857 Wm. L. Crayton For according to request I here with Send inclosed the citation you Sent me with Service acknow ledged I did not receive it unti- ll today J. Filligame (The Document reads) The State of Alabama, Chambers County: TO ANY SHERIFF OF THE STATE OF ALABAMA Greeting: YOU ARE HEREBY COMMANDED, without delay, to summon Martha Jones, Allen Jones, James Jones, a minor over 14 years of age, Missouri Jones, a minor over 14 years of age Martha (her mark) Jones Lueallen Jones James Jones Missouri M. (her mark) Jones Personally to be and appear before the Honorable Judge of Probate for Chambers County, at the court/ House thereof, on the Ninth day of November 1857 then and there to show/ cause if any they have or can why an order to sell for/ distribution amongst the heirs of Margaret Musick decd the/ West Half of the South East Quarter of Section 35, Township/ 22, of Range 25, in the County of Chambers, & state aforesaid,/ in accordance with an application, this day made to the/ Probate Court of said County, for that purpose, by Benjamin/ Blassingame, Administrator of the Estate of Margarett/ Musick decd. And have you then and there this Writ, with your endorsement theron. Witness: WILLIAM L. CRAYTON, Judge of Probate, at his office, this 29th day of September A.D. 1857 Wm L. Crayton Judge of Probate End of Document 24 October 1857 REF # (One the cover of a bi-folded document) Jeptha Philingame & Wife We acknowledge sworn of the within citation Oct 24th 1857 J. Fillingame Angeline Fillingame (NOTE: Fillingame and Philingame are interchanged so often I'm not sure which is actually correct.) Buford, Barbour County Alabama (The Document Reads) The State of Alabama, Chambers County: TO ANY SHERIFF OF THE STATE OF ALABAMA GREETING: YOU ARE HEREBY COMMANDED, without delay, to summon Angeline Philingame & Jeptha Philingame Personally to be and appear before the Honorable Judge of Probate for Chambers County, at the Court/ House thereof, on the Ninth day of November 1857 then and there to show/ cause, if any they have or can, why an order to sell, for distribution amongst the heirs of Margaret/ Musick decd, the West Half of the South East Quarter / of Section 35, Township 22, of Range 25, in the County/ of Chambers & State aforesaid, in accordance with/ an application, this day made to the Probate Court of/ the County of Chambers, for that purpose, by Benjamin/ Blassingame, admr of the Estate of Margarett Musick, decd. And have you then and there this Writ, with your endorsement thereon. WITNESS: WILLIAM L. CRAYTON, Judge of Probate, at his office, this 29th day of September A.D. 1857. Wm. L. Crayton JUDGE OF PROBATE End of Document 2 November 1857 REF # (On one side of the cover of a bi-folded document) Phebe Morris E H Kendall Thos Blassingame E. H. Kendall Julia Kendall ____(Unable to read)____ John Morris Phebe Morris Oct 2th 1857 (On the other side of the cover of a bi-folded document) J. M. Hinkle M. R. Hinkle M. Hinkle Martha Hinkle E. W. Hinkle J. ____ Hinkle, his mark M. R. Hinkle, his mark Jane Emily Blasingame Thomas Blasingame November the 2 1857 (The document reads) The State of Alabama, Chambers County: TO ANY SHERIFF OF THE STATE OF ALABAMA GREETING: YOU ARE HEREBY COMMANDED, without delay, to summon Phebe Morris & John Morris, Emily Blassingame and Thomas Blassingame, Julia Kendall & Elisha H. Kendall Personally to be and appear before the Honorable Judge of Probate for Chambers County, at the Court/ House thereof, on the 9th day of November 1857 then and there to show/ cause if any they have or can why an order shall not/ be granted to see for distribution amongst the heirs of/ Margaret Musick decd the West Half of the North East Quarter/ of Section 35, T. 22, R 25, in the County of Chambers, in/ accordance with an application this day made for that/ purpose, by Benjamin Blassingame, administrator of/ the Estate of Margaret Musick dec'd. And have you then and there this Writ, with your endorsement thereon. Witness: WILLIAM L. CRAYTON, Judge of Probate at his office this 29th day of September A.D. 1857 Wm. L. Crayton JUDGE OF PROBATE End of document 5 November 1857 REF # THE STATE OF ALABAMA, CHAMBERS COUNTY. To Wm. A. Slaughter, Esq. Wm F. Mc_______, Esq. KNOW ye, that we, having full faith in your prudence and competency, have appointed you Commission-/ers, and by these presents do authorize you, or any one or more of you, at such time and place as you may/ appoint, to call before you and examine Strother Gaines & Michael Hinkle as witnesses in a cause pending in the Court of Probate for Chambers County, wherein Benjm. Blassingame, admr. of the Estate of Margaret Musick, decd, is Plaintiff and the heirs of said deceased, are Defendants, in behalf of the Plaintiff on oath, to be by you administered upon interrogatories annexed to this Commission; to take and certify the deposition of the witnesses and re-/turn the same to our said Court to be holden on 2nd Monday in November/ inst. under your hands and seals. Witness: Wm. L. Crayton, Judge of Probate At Office, this 3rd day of November A.D. 1857, and of American Independence the 82nd Year Wm. L. Crayton Judge of Probate Issued the 2nd day of November A. D. 1857 End of document 3 November 1858 REF# (On the cover of a quad-folded document. 1138 Estate of Margarett Musick Dec'd Report of Sale Land Nov 3 1858 (The Document Reads) To Wm. L. Crayton, Judge of Probate of the County of Chambers & State of Alabama. Benjamin Blassingame, the administrator in this Court, of the estate of Margarett Musick dec'd represents to your Honor, that on the 14th day of December 1857 in the afternoon in pursuance of law is such _____ made, and in compliance with all the terms conditions, and requirements of the order and direction of this Court, granted and entered in the pr______ on the 9th day of November 1857, he proceeded and sold, at public outcry, in front of the Court House door of this County, the West half of the South East Quarter of Section Thirty five Township Twenty two, Range Twenty five, it being the land set forth and directed in said former order and _______: that said land was bid off and purchased at said sale, by Charles Stone & J. D. Ratchford for the some of One Hundred & Twenty Dollars. He further reports that said amount so bid by said Stone & Ratchford, for said land, was the highest and best bid for the same that said sale was, in all respects fairly cond- -ucted, and that the land sold for a sum not greatly less of disproportionate to its true value: and the said Stone & Ratchford have complied with the terms of said sale by giving the joint note of themselves, as principals, and Morris G. Towles, H. B. Wooddy, & W. J. Meadows as their security for the said sale so bid, which security the administrator believes to be good and sufficient. The undersigned therefore (Page is continued on the reverse) respectfully prays, that said sale may be in all ways confirmed to said purchasers. Sworn and subscribed B. Blasingame before me this the 3rd day of November 1858 Wm. L. Crayton Judge of Probate End of document (In my files is an abstract of the final settlement that was done by Mrs. Ruth Crump of Chambers County Alabama. This lady is the finest genealogist I have ever known and I trust her work completely. The following is an exact copy of her work.) Estate of Margarett Musick Margaret Musick, deceased, Former Guardian Final Settlement. Benjamin Blassingame, Administrator of the Estate of Margaret Musick, dec'd submits the following for a final settlement of his intestates Guardianship for Marion Missouri Jones, said Margaret Music have been Guardian of said minor. October 3, 1854 Amount received from James Jones, Administrator of the Estate of Wm. Jones, dec'd $419.69 Sept. 25, 1855 Cash rec'd from the Admr of Wm. Jones, dec'd 110.00 Then a list of Vouchers which were not copied. 24 March 1857 Signed: B. Blasingame Benjamin Blassingame, guardian of Marion M. Jones, minor makes return as follows: as and for an inventory of the effects belongs to said minor, which have come to his possession, since his last return. January 1859 (Jan. 13th) Marion Missouri Jones, Minor, Final Settlement of Margaret Musick, Guardian. December 11, 1857. May 11, 1857 This day came Benjamin Blassengame, Adm. of Est. of Margaret Musick, dec., and formerly Guardian of Marion M. Jones, a minor, to ask the Court to make settlement of the account heretofore filed by him as adm. of Marion Musick for final settlement of the Guardianship of his decendent, for said minor, and said accounts have been verified by his oath and Elliott H. Music (sic) having been appointed guardian ad liten to represent the witness of the said Marion M. Jones, minor, having etc etc Margaret Musick, dec'd former guardian is chargable with the sum of $616.46 cash received and interest, etc . It is therefore decreed by the Court that Benj'm Blassengame, Adm's of the Estate of Margarett Musick, dec'd return in his hands in having, heretofore by this Court, been appointed the guardian of Marron M. Jones, of the effects of Margaret Music, dec., the sum of 579.41 for the benefit of Marion M. Jones, minor . End of document.