Cleburne-Randolph County AlArchives Court.....Probate, Cleburne Et Al 1866 ************************************************ 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: Candace Gravelle tealtree@comcast.net October 18, 2004, 3:40 pm Source: Cleburne County Probate Records 1867 - 1870 Written: 1866 Recorded: 1866 CLEBURNE COUNTY, ALABAMA PROBATE MINUTES from 1867 - 1870 ( PART II ) Transfer and Transcript of Proceeding in Probate Court, RANDOLPH Co. AL ; On The Estate of JEHU CRUMPTON, late of RANDOLPH County, Ala; Deceased; This 10th day of March 1866 MARY F. CRUMPTON APPOINTED ADMINISTRATOR OF JEHU CRUMPTON, Deceased Probate Court of Randolph County, Alabama February 27th 1866 This day came Mary F. Crumpton and made application for letters of administration on the estate of Jehu Crumpton, late of said county, deceased and it appearing to the satisfaction of the court that said administration should be granted and the said Mary F. Crumpton having executed bond in the sum of four thousand dollars, conditioned as the law directs, with S. Harlin, James Harlin and William Dothard securities, which bond is hereby approved and ordered to be filed and recorded; and ordered that letters of administration upon all and singular the goods and chattels, rights and credits of the said Jehu Crumpton, deceased, be issued to the said Mary F. Crumpton. R. S. Heflin, Judge of Probate APPRAISERS OF THE ESTATE OF J. CRUMPTON, Deceased Court of Probate for Randolph County Feb'y 27th 1866 It is considered by the court that William O'Harrow and J. B. McKleroy are hereby appointed appraisers of the estate of Jehu Crumpton, late of said county deceased. R.S. Heflin, Judge of Probate Court of Probate, Randolph County, Alabama April 26th 1866 This day came M.F. Crumpton, Administrator of the estate of Jehu Crumpton late of said county, deceased, and filed an inventory and appraisal bill of said estate which being examined by the court is ordered to be filed and recorded. R.S. Heflin, Judge of Probate Court of Probate, Randolph County, Alabama March the 7th 1868 This day came M.F. Crumpton, administrator of the estate of Jehu Crumpton, deceased, by her attorney Jas. Aiken and files her petition for an order of removal of the administration of said estate from this county of Randolph to Cleburne County in the state of Alabama, alleging in said petition that since the formation of said county of Cleburne, that all or the principal part of said estate is situated in said Cleburne County and that she is a resident citizen of said county of Cleburne and also that to transfer said administration would not subject the interest of said estate to any injury and it appearing to the satisfaction of the court that the interest of said estate would not be injured by transferring the administration of same from this county to the county of Cleburne, the same is hereby granted. And that a true and complete transcript of and proceedings of record in the court pertaining to the administration of said estate be made out and forwarded to the probate court of said county of Cleburne together with all the original papers on file in this office belonging to said estate. R.S. Heflin, Judge of Probate Petition to Transfer Administration from Randolph County to Cleburne County by J. Akin, attorney: State of Alabama, Randolph County To the Hon. R.S. Heflin, Judge of Probate for said county: Your petitioner, Mary F. Crumpton, respectfully represents to your honor that she was appointed administrator on the estate of Jehu Crumpton on the 27th day of Feb'y 1866 by your honorable court and that said estate is in due course of administration. She further represents to your honor that the was cutt off in and now resides in that part of Randolph county which was taken off in the formation of the county of Cleburne and further that all or the pricipal part of said estate including the lands are situated in said county of Cleburne, and therefore she is now a resident citizen of the county of Cleburne in the state of Alabama. She further represents to your honor that it would be much more convenient to her in the administration of said estate to have the same transferred to the said county of Cleburne, the distance from the residence of your petitioner to Wedowee, Ala is about twenty five miles while the distance to the county site of Cleburne is not much more than sixteen or eighteen miles. She therefore prays your honor to grant an order changing the administration of said estate of Jehu Crumpton deceased from the county of Randolph to the county of Cleburne, Ala; all of which is respectfully submitted. Jas. Akin, att'y for Petitioner. _______ PETITION TO PROBATE THE WILL OF SAMUEL B. HAYES, Deceased March the 13th 1868 State of Alabama, Cleburne County This day came Mary E. Hayes, who produces to the court a paper purporting to be the Last Will and Testament of Samuel B. Hayes, late of Randolph County, Ala, deceased, and moves the court to admit the said will to probate and to issue letters testamentary on the said estate, to Mary E. Hayes, the executrix. It is therefore ordered by the court that Thursday the 30th day of April 1868 be set for proving said will. A.D. Chandler, Judge of Probate. State of Alabama, Cleburne County Probate Court Special Term April the 30th 1868 At this term of the court upon due proof made the court is satisfied that the paper presented by Mary E. Hayes on the 13th day of March 1868 is the Last Will and Testament of Samuel B. Hayes late of Cleburne County, Alabama, deceased. it is therefore ordered by the court that said Will be recorded according to law. A.D. Chandler, Judge of Probate __________ JANE HAYNES vs. JOHN HAYNES, Petition of Lunacy State of Alabama, Cleburne County Probate Court Upon the petition of Jane Haynes of Cleburne County alleging that John Haynes of said county is of unsound mind, it is ordered by the court that Tuesday the 16th day of April 1868 be set for hearing said cause. To the Sheriff of Cleburne County, Greeting; You are hereby commanded to the neighborhood to summons twelve disinterested house holders to appear at the court house of Edwardsville on the 28th day of April 1868 at 10 o'clock to be commissioned as a jury to try a case of Lunacy wherein John Haynes of Cleburne County stands charged by the petition of Jane Haynes of said county with Lunacy and have you then and there the body of the said John Haynes together with this writ with your endorsement thereon. Herein fail not given under my hand at office this the 21st day of April 1868. A.D. Chandler, Judge of Probate List of Jurors Stephen Edwards Thompson Burgess A.J. Baber A.C. McKinney Waddy Thompson George Warren J.D. Campbell S.C. Pruitt J.D. Thompson Wm. Edwards H.H. Edwards Peter Edwards List of Witnesses Joseph Pruett William Harris Jane Haynes We the jury find John Haynes to be non compus mentas and incapable of taking care and supporting himself. James D. Thompson, foreman. It is ordered by the court that the costs and fees in this case be paid out of the county treasury there being no estate out of which to pay the same. This April 28th 1868, A.D. Chandler, Judge of Probate ____________ PETITION of MARGARET A. LITTLE, for DOWER in WILLIS L. SCOTT estate State of Alabama, Cleburne County Probate Court May 1868 On this first Monday in May 1868, before the probate court of Cleburne county, personally came Margaret A. Little, widow of Willis L. Scott, late of said county, deceased, and files her petition in the court alleging that she is the widow of said Willis L. Scott, that she is entitled to her dower or one third part of certain tracts or parcels of land lying in the county of Cleburne and known as the west half of the south west quarter of section nine of township fifteen of range twelve east in Coosa land district containing seventy six and one half acres more or less whereof the said Willis L. Scott during their intermarriage was seized and possessed and it appearing to the satisfaction of the court that J.W. Wiggonton the administrator of the goods, chattels, rights and credits of the said W.L. Scott deceased has been served with a notice of the pendency of said petition that Lee Scott is the only child and heir of the said decedent and is a minor and his guardian P.G. McCaghren who has been duly notified in terms of the law that said petition would be filed, and proceedings prayed thereon this day and publication according to law having been made, notifying all parties interested of the pendency of said petition and the said J.W. Wiggonton administrator and P.G. McCaghren guardian of the said Lee Scott minor heir of the said Willis L. Scott deceased, having failed to appear and contest the prayer of said petitioner and it appearing to the satisfaction of the court that the said Margaret A. Little is entitled to Dower in the above described lands, it is therefore ordered and decreed that one third part of the said lands as above designated be set apart and decreed to be the Dower of the said Margaret A. Little in the aforesaid lands of her said husband. It is further ordered that a writ of measurement of Dower issued to the sheriff of said county commanding him to summon five discreet freeholders as commissioners who shall be connected to the parties neither by blood or marriage and entirely disinterested who shall upon oath allot and set off by metes and bounds to the said Margaret A. LIttle one third part of the before described premises having regard to the improvement and quality of the land as well as the quality of the Dower and that the action of the said commissioners with the return of the said sheriff be made to this court on the 4th Monday in May 1868. A.D. Chandler, Judge of Probate In pursuance of the power and authority vested in me by the within writ, I have summoned: Wm. R. Brown, Sen. Amos Barnett Wm. Barnett John C. Hooper S.C. King To allot and set off the Dower of the within Margaret A. Little who being duly sworn by me has proceeded to perform the duty required of them as shown in the anexed return 22nd day of May 1868. J.M. Hooper, Sheriff Commissioners Return of Admeasurement of Dower of Margaret A. Scott (Margaret A. Little), widow of Willis L. Scott, deceased; In pursuance of the within writ and under the authority vested us the undersigned Commissioners certify to said Court that being first duly sworn we did go ot and upon the tracts of land within mentioned which apon a resurvey was found to bontain 76 1/2 acres of land and respect being had by us to the improvements and quality of the land as well as the quality of the Dower, we did allot and set off to the said Margaret A. Little, 17 acres more or less of said land bounded as follows: commencing at east, running 68 rods north, 42 rods west, 64 rods south, 44 rods east, all of which we allot and set off to the said Margaret A. Little for her Dower or third part of the within described tracts of land and of which we have put her in possession of. In witness whereof we have hereunto set our hands this 22 day of May 1868. W.R. Brown, Wm. Barnett, A. Barnett, S.C. King, J.C. Hooper It is therefore ordered that the certificate and return of the said Sheriff and Commissioners be filed and recorded and that the allotment made by the said Wm. R. Brown, William Barnett, Amos Barnett, S.C. King, J.C. Hooper of the dower and premises to the said Margaret A. Little as aforesaid be final and conclusive between the said Margaret A. Little and the said Lee Scott the only child and heir of said Willis L. Scott who in possession of the said premises and their heirs and assigns for and during the natural life of the said Margaret A. Little. A.D. Chandler, Judge of Probate, this 27th of May 1868. _______ File at: http://files.usgwarchives.net/al/cleburne/court/gwl46probate.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 12.2 Kb