Chambers County Alabama - Wills - James S. Mitchell 1857 ****************************************************************************************** USGENWEB Notice: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Don L. Clark March 2002 ****************************************************************************************** Will of James S. Mitchell 1857 & Appraisement & Inventory Will Book Volume 3, Pages 31-32 Chambers County, AL Notes in () added by contributor. (Tombstone Inscription, LaFayette Cemetery: James S. Mitchell, Was born in Georgia January 31, 1815 And Departed this Life September 18, 1858 Aged 43 Years, 7 mos. & 18 days. Masonic Emblem) I James S. Mitchell do make & declare this to be my last will and testament. Item 1. I give to my wife Martha H. Mitchell the negro slaves Ann, a girl about sixteen years old; Sophy, a woman about fifty years old; and the house and lot on which I now reside in the town of LaFayette formerly occupied by Uriah Dunn, together with all my household and kitchen furniture. Item 2. I desire that as soon after my death as my Executor shall deem expedient, the said Executor hereunto named, shall sell all the balance of my property both real and personal, either at public or private sale, and on a credit or for cash at his discretion, and the proceeds of such sale shall be equally divided between my wife above named, and my children, viz: Mary E, Louisa, Jane, John W. and Cornelia Mitchell, that is after the payment of debts due by me and costs of administration. Item 3. I hereby appoint Robert Mitchell guardian of my children above named and also appoint him Executor of this my last will and testament. Item 4. In the event that the said Robert Mitchell, my brother, should die before my death, I then nominate and appoint James T. Brock Executor of this my last will and testament. Witness my hand and seal this the 3rd day of July A.D. Eighteen Hundred and Fifty Seven. J. S. Mitchell, Seal Signed and sealed by James S. Mitchell in our presence, who have signed our names as witnesses in his presence and in presence of each other on the day and year above written: Morris G. Towles J. W. Kellam Judson Warlick F. A. Trammell State of Alabama Chambers County Before me Wm. L. Crayton, Judge of the Probate Court of the county and state aforesaid, personally appeared in open Court, James W. Kellam, Francis A. Trammell and Judson Warlick, who having been, by me first respectively sworn and examined, did and do depose and say on oath that they are such subscribing witnesses to the foregoing instrument of writing, which purports to be the last will and testament of James S. Mitchell, deceased, late an inhabitant of this county. That the said James S. Mitchell, since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be his last will and testament, and that affiants set their signatures thereto, on the day the same has date, as subscribing witnesses to the same, in the presence of the testator, that the said testator was of sound mind and disposing memory, and in the opinion of defendants fully capable of making his will at the time the same was so made, as aforesaid. Affiants further state that said testator was on the day of the date of said will, of the full age of Twenty one years and upward. Subscribed and sworn to before me this 24th day of October A.D. 1858. Wm. L. Crayton, Judge of Probate J. W. Kellam F. A. Trammell Judson Warlick State of Alabama Chambers County I Wm. L. Crayton, Judge of Probate in and for the County and State aforesaid, do hereby certify that the foregoing instrument of writing has this day in said Court, and before me, as the Judge thereof, been duly proven by the proper testimony, to be the genuine last will and testament of James S. Mitchell, deceased; and that said will, together with said proof thereof have been recorded in my office in Book of Wills, Vol. 3, Pages 31 & 32. In witness of all which I have hereunto set my hand and affixed the seal of the said Court, the 24th day of October A.D. 1858. Wm. L. Crayton, Judge of Probate ******************************************************************************** ESTATE FILES The following shows a true and correct appraisement of the personal property, goods and chattels bequeathed by the Will of James S. Mitchell, deceased, to his wife Martha H. Mitchell, this 11th day of November 1858. 1 piano and stool $300.00 1 sofa 30.00 1 rocking chair 8.00 1 doz. Cottage chairs 12.00 1 workstand 10.00 1 centre table 12.00 1 lot of books 50.00 1 clock 10.00 1 set chandeliers 12.00 2 china candlesticks 3.00 2 small china candlesticks 1.00 2 vases & shade 5.00 andirons, shovel & tongs 8.00 2 spittoons .75 1 guitar 10.00 1 bureau 10.00 1 wardrobe 4.00 1 lounge 1.00 1 small safe 2.50 1 bedstead & mattress 12.00 1/2 doz. split bottom chairs 3.00 1 rocking chair .50 1 small chair .50 andirons, shovel & tongs 1.50 1 candle stand 2.00 1 arm chair 1.00 1 bedstead, bed, mattress & clothes 30.00 1 looking glass 1.25 1 wardrobe 5.00 andirons & tongs .50 washstand, bowl & pitcher 2.25 1 small table 1.00 1 bedstead, bed mattress, etc. 40.00 1 bedstead, bed mattress, & bed clothing 30.00 1 lot of bed clothing 30.00 1 bureau & glass 15.00 1 small table 2.00 1 washstand, bowl & pitcher 4.00 andirons, shovel & tongs 1.00 1 slop bowl 1.00 1 arm chair 1.50 2 folding tables 10.00 1 safe 10.00 1 lot crockery 40.00 3 silver table spoons, 6 tea spoons, & 6 desert spoons 25.00 6 silver plated forks 5.00 2 doz. knives & forks 12.00 1 bedstead, 2 beds, 2 mattresses & bed clothing 40.00 1 wardrobe 5.00 1 small safe 2.50 1 small desk 1.00 1 chest 1.00 1 lot pots & ovens, shovel & tongs 25.00 1 table .50 1 safe 2.00 5 smoothing irons 2.50 1 coffee mill .75 1 sifter .50 2 bread trays 1.00 40 gallon jars 4.00 2 tin cans 2.50 one half bushel measure 1.00 1 negro woman named Sophy 400.00 1 negro woman Anne & child Celia 1200.00 State of Alabama Chambers County Before me Wm. L. Crayton, Judge of Probate in and for said county and state, personally appeared Morris G. Towles, James W. Kellam, and Wm. C. Davis, who are hereunto duly appointed to appraise the Estate of James S. Mitchell, deceased, and said appraisers having been by me first duly sworn, respectively depose and say, that they have appraised each article as above stated, and showed to them by Samuel Spence, the Admr. Of said Estate at its true value, and set down opposeth to such article, respectively such value in dollars and cents,in figures according to the best of their knowledge and belief. Sworn to and subscribed before me this 24th day of March 1859. Wm. L. Crayton, Judge of Probate Morris G. Towles J. W. Kellam W. C. Davis The following presents a true and correct appraisement of the personal property found at the plantation belonging to the Estate of James S. Mitchell, deceased, three miles east of LaFayette in Chambers County, Alabama, this 11th day of November 1858. 36 fattening hogs 216.00 4 breeding sows 20.00 4 sows and 29 young pigs 30.00 25 shoats 50.00 1 roan mare, Lynda 75.00 1 mule colt, 18 months old 85.00 1 mule colt, 1 year old 50.00 1 mule colt, 6 months old 40.00 1 mare mule, Beck 140.00 1 horse mule, Rondo 125.00 1 horse mule, Tom 125.00 1 mare mule, Kate 125.00 1 horse mule, Tiger 100.00 1 gray horse 50.00 1 mare mule, Jane 125.00 1 horse mule, Caleb 100.00 1 horse mule, Ranse 100.00 1 horse mule, Jack 75.00 1 road wagon 75.00 1 three quarter wagon 50.00 1 yoke oxen 35.00 1 yoke speckled oxen 35.00 1 old steer 10.00 1 black cow & a calf, Fill 12.00 1 cow and calf, Moll 18.00 1 cow and calf, Mary 12.50 1 cow, Baugh 15.00 1 cow and yearling, Cherry 16.00 1 cow, named Heifer 15.00 1 cow named Red 10.00 1 crippled cow 5.00 1 cow, Lot 12.00 1 black cow, Pink 10.00 1 cow, Flower 8.00 1 red heifer 10.00 3 yearlings 15.00 1 bull 10.00 1 gin 25.00 1 fan 10.00 1 thrasher 10.00 150 bushels of wheat @.75 112.50 10 bushels of oats @.75 7.50 1800 bushels of cotton seed @ .05 90.00 1 lot of lumber 15.00 2 old wheels of wagon 2.00 1 lot plow stocks 4.50 1 lot of old plows & irons 10.00 1 set blacksmith tools 12.00 1 lot of clevises 1.50 1 lot of steel screws 1.50 1 lot of singletrees 1.50 6 pins shucks @ 4.00 24.00 __ bu. Of corn @ .40 (No quantity or amount given) __ fodder @ .50 per 100 lbs. (No quantity or amount given) 1 lot of mattocks & grubbing hoes 3.50 8 weeding hoes 2.00 12 old hoes 1.50 1 pot 3.00 1 grindstone 3.00 1 lot carpenters tools & chest 10.00 1 seine 1.00 10 bee gums 10.00 __ bu. of potatoes @ .25 a bu. (No quantity or amount given) 2 cross cut saws 5.00 2 frows 1.00 10 set plow gear 10.00 2 good axes 2.00 6 old axes 1.50 8 pair of hinges 4.00 1 pr. steelyards 1.00 3 scythes and cradles 1.50 1 negro woman Bet, 20 years old 700.00 1 negro woman Sylvia & child Fanny 1000.00 1 negro woman Rhoda, 17 years old 1100.00 1 negro woman Maria, 28 years old 900.00 1 negro girl Patsey, 13 years old 900.00 1 negro woman Alesy, 45 years old 450.00 1 negro woman Sarah and 4 children - Dave, Madera, Warren & an infant 2300.00 1 negro girl Henson, 19 years old 1000.00 1 negro girl Chloe, 23 years old 1000.00 1 negro woman Amelia, 46 years old 500.00 1 negro man Carter, 25 years old 1200.00 1 negro man Wade, 21 years old 1300.00 1 negro man Wash, 20 years old 1300.00 1 negro man Nathan, 24 years old 1200.00 1 negro man Jim, 22 years old 1200.00 1 negro boy Bill, 14 years old 1100.00 1 negro girl Sophy, 15 years old 1000.00 1 negro boy George, 9 years old 700.00 1 negro man Frank, 24 years old 1200.00 1 negro man Wesley, 41 years old 1000.00 1 negro child Henry, 7 years old (no value given) 1 negro man Joe, 35 years old 1100.00 1 negro man Anderson, 25 years old 1200.00 1 negro boy Gus, 9 years old 700.00 1 negro boy Tom, 11 years old 900.00 1 negro boy Adolphus, 10 years old 750.00 1 negro girl Georgian 450.00 1 negro girl Lucy 1100.00 1 buggy 25.00 1 double barreled gun 12.00 State of Alabama Chambers County Before me Wm. L. Crayton, Judge of Probate in and for said County and State, personally appeared Morris G. Towles, James W. Kellam and Wm. C. Davis, who were heretofore duly appointed to appraise the Estate of James S. Mitchell, deceased, and said appraisers having been by me, first duly sworn respectively, depose and say, that they have appraised each article as herein stated, and showed to them by Samuel Spence, the Administrator of said Estate, at its true value and set down opposite to such article respectively, such value in dollars and cents in figures according to the best of their knowledge and belief. Sworn to and subscribed before me this 26th day of March 1859. Wm. L. Crayto, Judge of Probate Morris G. Towles J. W. Kellam W. C. Davis The following shows a true account of the sales of that portion of the personal property belonging to the Estate of James S. Mitchell, deceased, which was sold at LaFayette, Chambers County, Alabama, on Monday the 3rd day of January 1859. Property Purchaser's Name Price 1 roan mare Lynda, James Johnson $85.00 1 dark gray mule Tiger, A. Taylor 128.00 1 brown mare mule Kit, Nat Smith 155.00 1 mare mule Beck, Alex Bell 141.00 1 gray horse, William Smith 70.00 1 sorrell mule Rondo, Green B. Smith 91.00 1 sorrell mule Jack, Thomas J. Winston 105.00 1 horse mule Ranse, Thomas J. Winston 101.00 1 young mule 18 mos. old, William James 125.00 1 young mule colt, Tandy Appleby 65.00 1 young mule colt, James Abernathy 51.00 1 bay mare Mary, Alexander Bell 74.00 1 boy Wade, Stanmore Holstun 1400.00 1 boy Wash, L. Tilmon 1492.00 1 boy Carter, L. Tilmon 1360.00 1 boy Nathan, Stanmore Holstun 1252.00 1 boy Frank, Morris G. Towles 1355.00 1 boy Anderson, Morris G. Towles 1350.00 Ned & wife Jenny, Joseph Stevens 1602.00 Jim & wife Chloe, James Marks 2450.00 1 man Wesley, William Ross 1110.00 1 man Jess, Samuel Newman 1000.00 Sylvia & child, James E. Lockhart 1320.00 Sarah & her 4 children, A. C. Frost 2701.00 Maria, T. E. Gilchrist 1010.00 1 woman Alsey, D. G. Crowder 605.00 1 woman Amelia, D. G. Crowder 401.00 1 woman Henson, Asa Williamson 1361.00 1 girl Patsey, J. F. Lewis 1151.00 1 girl Sophy, James Marks 1300.00 1 girl Betsy, J. S. Gay 900.00 1 boy Bill, W. W. Jones 1335.00 1 boy Alfred, W. W. Jones 1355.00 1 boy Bird, B. F. Garrett 1233.00 1 boy George, Willis Spratling 800.00 1 boy Augustus, J. W. Cooper 899.00 1 boy Adolphus, J. S. Gay 1005.00 1 boy Tom, Philip Owen 1009.00 1 girl Georgian, T. E. Gilchrist 658.00 1 wagon, Wiley Dorman 22.00 1 set wagon harness, Wiley Dorman 9.50 Also, the following property sold at private sale to Mrs. Martha H. Mitchell, widow of James S. Mitchell, deceased. 1 negro man Joe, 1175.00 1 negro girl Rhoda, 1300.00 1 negro girl Lucy, 1350.00 1 mule Tom, 110.00 1 mule Caleb, 105.00 1 wagon, 40.00 TOTAL PROPERTY SOLD: $38,805.50 State of Alabama Chambers County Before me Wm. L. Crayton, Judge of Probate in and for the County of Chambers and State aforesaid, personally appeared Samuel Spence, Administrator of the Estate of James S. Mitchel, with the will annexed, who being sworn says on oath that the foregoing is a true and correct account of the sale of the personal property belonging to the testator sold on 3rd January 1859. Sworn to and subscribed before me this 12th February 1859. Wm. L. Crayton Samuel Spence ****************************************************************** Samuel Spence the administrator with the will annexed, of the estate of James S. Mitchell, deceased, submits the following statement explanatory of some things, and giving information in regards to others relating to his administration of said estate. He delivered to the widow all the property bequeathed to her by the will of her deceased husband. He also gave her two hundred bushels of corn, tow stacks of fodder, two pens of shucks, two bee gums, and one cow and calf, besides groceries, etc. He further states that all the property which was inventoried and appraised was sold, excepting that which was delivered to the widow as above stated and some cattle and hogs which were killed for the use of the family. He also states that the mule Jane, which appears in the inventory and appraisement, was killed by the falling of a shed in the horse lot at the plantation a few days before the sale of that kind of property took place. He further states that he paid to the widow of the testator fourteen hundred dollars, the amount of a note given by Henry L. Wilkinson for a house and lot which was bequeathed to her by the will of said deceased, but which testator sold in his life time, but that the purchase money not being paid it went to the widow by statutory law. He also paid her the sum of five thousand three hundred and seven 72/100 dollars for which he has vouchers to show. He also paid here as guardian of Louisa Mitchell, minor and legatee of said estate, the sum of nine hundred and forty dollars as here vouchers will show. And, for the other children who have no guardian, he has paid three hundred and ninety six 60/100 dollars for tuition and clothing, etc, as the vouchers will show. He also states that the paid to Mary E. Scott, the wife of Thomas L. Scott and daughter of said testator, the sum of eleven hundred dollars, as is evidenced by the vouchers given by her husband the said Thomas L. Scott. Said administrator further states that he has on hand belonging to said estate ten thousand four hundred dollars in Confederate States interest bearing treasury notes, commonly called seven thirties, four thousand dollars in 4 per cent certificates for money deposited for which he was to receive Confederate States Bonds, and nineteen hundred dollars in 4 per cent certificates which he received from W. W. Jones in payment of his note and interest given for the purchase of negroes at the sale which took place in LaFayette on the 3rd day of January 1859, besides nine hundred and forty six 25/100 dollars in Confederate money of the new issue. All of which he received in good faith and are in his hands as assets of said estate, and for all of which he asks a credit.