Crenshaw-Lowndes-Pike County AlArchives Court.....Kelly [Heirs Re Guardianship], Grant 1840-1845 ************************************************ 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: Alice Folmar Kelley kelley2caf09@knology.net March 27, 2017, 9:03 am Source: Alabama Wills & Probate Records 1753-1999 Written: 1840-1845 [Reference: ancestry.com] SEABORN KELLY AND JAMES HOWARD EACH NAMED GUARDIAN (IN DIFFERENT ALABAMA COUNTIES - LOWNDES AND PIKE) OF GRANT KELLY’S MINOR HEIRS - SEABORN’S GUARDIANSHIP REVOKED Lowndes County Orphan’s Court [This would have been between 1-1840 when Seaborn appointed and 1-1-1841 when Howard gave a guardian’s account to the Court] Now at this court Seaborn Kelly the administrator of the estate of Grant Kelly decd having reported that he had fully administered the same and made his final settlement of his said administration with the court and thusly having ascertained a knowledge of what was due to each of the heirs at large of the said decd and amounting to five in number and named as follows to wit Rachel Kelly the widow and relic of said Grant Kelly decd who was intermarried with James Howard who is of full age, Gallant J Kelly, Sarah A Kelly, Jane E Kelly, and Francis T Kelly who are all minors under the age of twenty one years and the said four minor heirs failing to come forward and chose a guardian for themselves in this court or make known either to the court or administrator that a guardian had been duly appointed in any other county in this State upon the application of the aforesaid Seaborn Kelly he was duly appointed guardian of the above named heirs in order to close his administration upon the estate of the said Grant Kelly decd. Wherefore James Howard above named and who had intermarried with the widow and relic of the aforesaid decedent complained to this Court that he had been duly appointed guardian of the said minors by the Judge of the County and Orphans Court of Pike County prior to the appointment of the said Seaborn Kelly wherefore a citation issued to said Seaborn Kelly to be and appear at the Present Term of our Orphans Court then and there to answer to the complaint of the said James Howard. And now at this time the said parties by themselves and attorney appeared in open court and produced their said letters of Guardianship when it appeared to the Court by a comparison of their said letters of Guardianship that those granted to James Howard were dated the 28th day of November 1839 and those granted to Seaborn Kelly were dated the 6th (?) day of January 1840 by which it appears that the said James Howard was at the time of the appointment of the said Seaborn Kelly the legally appointed Guardian of the aforenamed four children minors of the said Grant Kelly decd and is entitled to the management of their persons and property. It is therefore ordered by the Court that the letters of Guardianship heretofore granted to the said Seaborn Kelly be and they are hereby revoked and declared null and void and he is hereby discharged from his liability as such upon his paying over to the proper Guardian the several _____ due(?) Ordered by the Court that the said Seaborn Kelly be allowed the sum the costs of Guardianship it appearing to the Court manifestly that he obtained the same in good faith. [NOTE: The minor heir Ollive/Olive included in Final Settlement of Grant’s estate in 1835 is not included under Howard’s guardianship. Born about 1821, she likely had married if surviving.] PIKE COUNTY ORPHAN’S COURT - 1841-1845 RECORDS – GUARDIANSHIP OF GRANT’S MINORS BY STEPFATHER JAMES HOWARD JAMES HOWARD’S 1841 ACCOUNTING TO COURT [Document Cover] Kelly Minors James Howard Guardian Account Recorded in Book A Page 276 Feby 21st 1849 [or 1841] W. M. Murphree Clerk James Howard Guardian of the minor heirs of Grant Kelly deceased in account with his said wards 10th January 1841 ___ to $93.00 of wards distributive share $ 98.00 11th March $151.00 of wards distributive share 151.00 $249.00 [sub total] 89.30 Balance due to said wards 24th April 1841 $152.30 [this marked thru] 160.30 Credited by Nov 1841839 [??]- Court fees paid in Pike Count $ 4.25 Dec 1839 – A ______ full paid in Lowndes 10.00 _________ expenses 13.00 Time lost 15 days 11.25 1834 – to schooling 17.00 1835 – Doctor’s bill 18.00 1840 – Attorney Fees 5.00 79.30 [sub total] Attorneys Fees Pike 10.00 89.30 [total] The State of Alabama Pike County Before me Daniel McInnis Clerk of the County Court of said county personally appeared James Howard Guardian of Gallant Jackson Kelly, Sarah Ann Kelly, Jane Elizabeth Kelly and Francis Tyre Kelly minor heirs of Grant Kelly deceased and being duly sworn deposeth to and saith that the above account is true as it stands stated to the best of his knowledge. Sworn to and subscribed before me 24th day of April A.D. 1841 (signed) Daniel McInnis Clerk (signed) James Howard JAMES HOWARD’S 1845 ACCOUNTING TO COURT [Document Cover] James Howard Guardian Inventory Recorded inventory Book A Page [144 – ink smear, may be 141] ___ W __________ Clerk A true and perfect inventory of all the goods and chattels rights and credits of the minor heirs of Grant Kelly deceased of which have come to the possession of James Howard guardian of said minors this 19th day of May 1845. January 10th 1841 __ $98.00 of wards distributive share $ 98.00 March 11th 1841 __ $151.00 of wards distributive share 151.00 $ 249.00 [total] (signed) James Howard Guardian The State of Alabama Pike County County Court Sitting for Orphans Business Regular term 19th day of May 1845 Personally comes before me Jese (?) M Loe(?) clerk of the county court of said county James Howard guardian of the minor heirs of the estate of Grant Kelly deceased who being duly sworn says that the above Acct contains a true and perfect inventory of all and singular the goods and chattels, rights and credits of the said minors which has come into his possession or knowledge of the said minors up to the 19th day of May 1845. (signed) James Howard Guardian Subscribed and sworn to before me this 19th day of May 1845 (signed) Jese M. Loe Clerk Gallant J. Kelly Ward [This is Gallant Jackson – must be an expenditure Howard made for him.] __ James Howard for Money paid out $13.77 State of Alabama Pike County Personally appeared before me W. H. Manning Judge of County aforesaid James Howard who being duly sworn deposeth and saith that the above account is true. Sworn to and subscribed before me May 19th 1845 (signed) James Howard (signed) W. H. Manning Judge State of Alabama Pike County Orphan’s Court May 19 1845 This day comes James Howard Guardian of minor heirs of Grant Kelly deceased and produces his inventory of the property of said minors which being duly sworn it is ordered to be recorded. (signed) W. H. Manning Judge [END GUARDIANSHIP RECORDS] File at: http://files.usgwarchives.net/al/crenshaw/court/kellyhei372gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 7.5 Kb