Estate Papers of Joseph C. Huddleston, Dallas, Alabama http://files.usgwarchives.net/al/dallas/court/jchuddleston.txt ==================================================================== USGENWEB PROJECT 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 Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Barbara Walker Winge ==================================================================== January 2002 PROBATE COURT, DALLAS COUNTY, ALABAMA Book A, p. 132; Nov 11th 1824 In the Matter of the Estate of JOSEPH C. HUDDLESTON, DEC'D. This day was produced in open court the last will and testament of Joseph C. Huddleston, which said instrument was duly proven by the subscribing witnesses thereto, whereupon it is ordered that said will be recorded together with the probate thereof. Bond of Joel C. Huddleston and Geo. Phillips, who were duly appointed executors of said will of Joseph C. Huddleston, dec'd, bearing date November 11th 1824, in the sum of $2,000. Book C, p. 73; Nov 25, 1833 This day came William S. Phillips and applied to be appointed as administrator of the estate of Joseph C. Huddleston, Dec'd, and he having entered into bond in the sum of $2,000, with sureties hereon, and taken the oath, ordered that letters of administration be issued to him accordingly. Book C. p. 89; Apr 09, 1834 This day came William S. Phillips, administrator of said estate, and presented his account current with a statement of said estate, and the statement being examined by the court ordered that said accounts be recorded. This day came William S. Phillips, administrator of said estate and offered his resignation as said administrator; ordered that said resignation be accepted and that he be discharged from the further administration of said estate. Book C, p. 90; Apr 09, 1834 This day came James McDonald and applied to be appointed administrator de bonis non of the estate of Joseph C. Huddleston, dec'd, and he having entered into bond in the sum of $28,000, with sureties and having taken the oath prescribed by law, ordered that letters of administration issued to him accordingly. Book C, p. 118; July Term 1834 Petition for sale of real estate by James McDonald, administrator of said deceased who died intestate, and which were left un administered by predecessor, and petitions the court for the sale of SE 1/4 of section... TP, 16, Range 10, containing 158.40 acres and fractional section No. 4 on the Alabama River containing 554.60 in TP 16, Range 10, lands of which said Joseph C. Huddleston died seized and possessed on the ground that it would be to the advantage and interest of the heirs of said deceased that said deceased said lands should be sold; it is ordered by the court that said petition be entered of records, and on motion it is further ordered that Bartran Robeson be appointed Guardian ad litem to represent and defend the interest of said Emeline, Henrietta, Lucy, and Thomas, the minor heirs in this proceeding and thereupon came said Bartram Robeson and filed his answer denying the matters and things in said petition set forth, whereupon it is ordered that the petitioner have leave to take testimony in support of said petition on giving the opposite party the notice required by law, and in this case be continued for further proceedings until the 2nd Monday in September next. Book C, p. 120; Petition of James McDonald administrator of said estate for sale of real estate for the payment of debts; petitioner sets out among other things that it would be to the interest of said estate to sell said land and retain the negro slaves; that the infant heirs are 4 in number; Emeline 8 years old, Henrietta six years old, Lucy 4 years old, Thomas 1 1/2 years old, all of whom of children of said Joseph C. Huddleston and unmarried; that testator died seized and possessed of the SE 1/4 of section 5, TP. 16, Range 10, and fractional section number 4 West of the Alabama in TP. 16, Range 10, containing 554.60 acres, which is all the land or real estate of said deceased; in consideration of the premises your petitioner prays your Honor to make an order for the sale of said land for the purpose of satisfying the debts. Prays your Honor to make an order for the sale of said lands for the purpose of satisfying the debts. Prays your Honor to direct citations to issue of publication be made requiring all persons interested to appear at the next county court for Dallas County and show cause if any they have, why a sale of said lands should not be ordered. Book C, p. 122; July 15th, 1834 On this day came into court Bartam Robeson, guardian ad litem of Emeline, Henrietta, Lucy, and Thomas Huddleston, who are all the heirs of Joseph C. Huddleston, deceased and minors unmarried, and denies the matters and things contained in said petition. Book C, p. 129; September ___, 1834 It appearing to the satisfaction of the court from the matters and things set forth in the petition for sale of the land belonging to said estate by James McDonald and the depositions contained in this cause that it is necessary to sell either the lands or the slaves of the estate to pay the debts against said estate, and that the heirs of said deceased will be less injured by a sale of the lands than by a sale of the slaves, and it further appearing that the proceedings had in the premises are regular and legal; it is therefore, ordered, adjudged and decreed that the SE 1/4 of Section 5, TP. 16, Range 10, containing 158.40 acres, more or less, and fractional Section number 4 West of Alabama River in TP. 16, Range 10, containing 554.60 acres be the same more or less, and of which the said Joseph C. Huddleston died seized, be sold at public sale to the highest bidder, and that the sum of $2500 of the amount bid shall be paid in cash when possession is given to purchaser, and balance payable in two equal installments on a credit of two and three years from the day of sale secured by bonds with good security; It is also order and decreed that Ethl. W. Sanders, Hillary Hunnicutt, Bartlet V. T. Gamage, John Dunn and Jeremiah Dunaway be appointed commissioners to superintend said sale (the acts of any three of said commissioners in the premises to be valid and sufficient) and carry into effect this decree according to law and report their proceedings to this court at the February Term, 1835, said commissioners giving thirty days notice of the time of sale. Book C, p. 176; February 10th, 1835 The undersigned commissioners appointed to carry into effect and execution a decree made by your Honorable Court on the 8th day of September 1834, to sell the real estate of Joseph C. Huddleston, deceased, consisting of the SE 1/4 of section 5 and fractional Section 4 West of the Alabama River, all in TP. 16, Range 10, East, containing together 713 acres, report this after giving notice required by said decree, they proceeded to sell to the highest bidder the lands aforesaid on the premises, on the 1st day of November 1834, and that said land were purchased by Kirkland Harrison for $10,000, that being the highest sum bid, and that said Harrison has complied with the terms of sale by paying in cash $2500 and executing his two bonds with satisfactory security, each for $3, 766, one due Nov. 1st, 1836, the other November 1st, 1837. Respectfully submitted, January 10th, 1835. (Signed) John Dunn Jeremiah Dunaway Bartlet V. Gamage Ethl. W. Sanders, Commissioners. It is further ordered by the court that said report be adopted and that said commissioners do forthwith convey by deed to the said Harrison and his heirs all rights, interest, and claims in and to the lands aforesaid, of which said Joseph C. Huddleston died seized; ordered that said commissioners hold in their hands the monies and bonds received for said lands subject to further order of this court. Book C, p. 187; On motion it is ordered by the court that the commissioners appointed to carry into effect the decree of this court rendered at September Term, 1834, for sale of the real estate of J. C. Huddleston, deceased, deliver over to James McDonald, administrator of said estate, the money and bonds received by them for said sale read estate, the said McDonald having given bond and security according to law. Book D, p. 390; March 18th, 1840 This day came James McDonald, administrator of said estate, and applied for a final settlement of same; It is, therefore, ordered that publication be made in the SELMA FREE PRESS for 40 days, previously that a final settlement of said estate will take place on the 1st Tuesday after the 2nd Monday in May next. Book D, p. 409; June Term, 1840 Ordered that final settlement of said estate be continued until next Term. Book D, p. 415; July Term, 1840 This being the day to which the final settlement of said deceased was continued came James McDonald, administrator, and presented his account current and vouchers of the said administration, which were seen and examined by the court, audited, allowed and passed, and ordered to be recorded, showing remaining in the hands of the administrator assets amounting to $12,391.85, of which amount $2,407 does not fall due until the last day of June next; ordered that said sum be divided into three equal parts, one part each, payable to Emeline, Henrietta, and Lucy Huddleston, it being shown to the satisfaction of the court that there are three heirs only, that said estate be, and the same is, hereby declared fully and finally settled, and that after the payment of said distributive shares, said administrator be discharged in the premises.