Dallas County AlArchives Court.....Martin, William M. February 24, 1898 ************************************************ 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: Don Thomas donmthomas@hotmail.com September 4, 2008, 2:38 pm Source: Probate Court Minutes: Information Found In The Dallas County Courthouse, Selma, Alabama. Probate Court Minutes, Volume, 34. Pages, 411, 412, 425, 426, 427, 428, 429, 430, 431, 432, 442, 443 Written: February 24, 1898 Recorded: March 16, 1898 Estate of William M. Martin, deceased. Tuesday, February 1st, 1898. In the matter of the final settlement of the said estate. This day came Hugh S. D. Mallory as the executor of the estate of William M. Martin, deceased, and filed in this court his account, and vouchers, and statement of the heirs at law, legatees and devised of the said decedent, for a final settlement of the said estate; and he thereupon moved the court to appoint a day for making a final settlement of the said estate an said account, and to give the proper notice thereof. It is therefore ordered by the court; that Thursday, the 24th day of February 1898, be and the same is hereby appointed for making a final settlement of the estate of the said William M. Martin, deceased, upon the account this day filed in this court for that purpose, by Hugh S. D. Mallory, as the executor of said estate; and that notice of the filing of the said account, vouchers and statement for a final settlement of the estate of the said William M. Martin, deceased, and of the day appointed by the court for making a final settlement of said estate on the said account, be given by publication notice thereof once a week for two succession weeks prior to February 23rd 1898, in the Selma Journal, a newspaper published in the City of Selma in Dallas County, Alabama. Estate of William M. Martin, deceased. Thursday, February 24, 1898. In the matter of the final settlement of the said estate. It is ordered by the County, that the final settlement of the estate of William M. Martin, deceased, appointed for this day be, and the same is hereby continued until Saturday, the 26th Day of February, 1898. Estate of William M. Martin, deceased. Saturday, February 26th, 1898. In the matter of the final settlement of the estate of William M. Martin, deceased. On the first day of February, 1898, Hugh S. D. Mallory, as the executor of the will and estate of the said William M. Martin, deceased, filed in this court his account and vouchers and statement of the legatees and devisees of the said William M. Martin, deceased, for a final settlement of the said estate; and therefore, the court appointed Thursday, the 24th day of February, 1898, for making a final settlement of the said estate, upon the said account; and, on the 24th day of February, 1898, the making of the final settlement of the said estate, upon the said account, was duly continued by the court until this day; and now upon this day, comes the said Hugh S. D. Mallory, and shows to the satisfaction of the court, the notice of the filing of the account in this case, for as final settlement of the estate of the said William M. Martin, deceased, and of the day appointed by this court for making a final settlement of said estate, upon the said account, was given by publication of notice thereof once a week for three succession weeks prior to the day appointed by this court for making the final settlement of said estate - prior to the 24th day of February, 1898 - in the Selma Journal, a newspaper published in the City of Selma, in Dallas County, in the State of Alabama, __ the said executor __ shows to the satisfaction of the court, that Lucy Inez Golson and Willie Ann Golson are the children of Callie Golson, and are under twenty one years of age, and are legatees and devisees under the will of the said William M. Martin, deceased, and that it is necessary for said two minors to be represented in this final settlement by guardian and litem; and that Bruce Gill, Helen Gill, Percy Walker Gill, Andrew Gill, Mabel Gill, Claude Gill and Windsor Gill alias Menzo Gill are the children of Laura Gill and her husband Andrew Gill that they are minors under twenty one years of age, and that they are legatees and devisees under the will of the said William M. Martin, deceased, and that it is necessary for the said minors to be represented on this final settlement by guardian and litem; and it appearing to the satisfaction of the court that James R. Satterfield is a competent and proper person to represent the said children of the said Callie Golson in this case; and that P. Henry Pitts is a competent and proper person to represent the said children of the said Laura and Andrew Gill in the case. It is therefor ordered by the court, that the said James R. Satterfield be, and he is hereby appointed guardian and litem in this case for the said Lucy Inez Golson and Willie Ann Golson, minors and children of Callie Golson. It is further ordered by the court, that the said P. Henry Pitts be, and he is hereby appointed guardian and litem in this case for the said Burce Gill, Helen Gill, Percy Walker Gill, Andrew Gill, Mabel Gill, Claude Gill, and Windsor Gill alias Menzo Gill, minors, and children of the said Laura Gill and Andrew Gill. And now comes the said James R. Satterfield and files in this court his consent to act as guardian and litem in this case for the said Lucy Inez Golson and Willie Ann Golson, minors. Said consent is in type writing, and is as follows: In the matter of the settlement of the estate of William M. Martin, deceased, in the Probate Court of Dallas County, Alabama, by H. S. D. Mallory, Executor. I, J. R. Satterfield, hereby consent to act as guardian and litem in this settlement for the infants Lucy Inez Golson and Willie Ann Golson. And J. R. Satterfield. And now comes the said P. Henry Pitts and files in this court his consent to act as guardian and litem in this case for the minor children of Laura Gill and Andrew Gill. Said consent is in type writing, and is as follows: In the matter of the settlement of the estate of William M. Martin, dec’d, by H. S. D. Mallory, in the Probate Court of Dallas County, Alabama. I, P. H. Pitts, Hereby consent to act as guardian and litem in this settlement for the minors, Bruce Gill, Helen Gill, Percy Walker Gill, Andrew Gill, Mabel Gill, Claude Gill and Windsor Gill - P. H. Pitts. And the said Mallory as executor, and the said Satterfield, as guardian and litem, and the said Pitts, as guardian and litem, all being present in court, and all being ready to try this case, the court does now proceed to examine and audit the account filed in this court by the said executor, and to make a final settlement of the said estate on said account; and it is shown to the satisfaction of the court, that the said Hugh S. D. Mallory, as the executor of the will and estate of the said William M. Martin, deceased, has ___ moneys of the said estate to the aggregate sum of six thousand and ninety nine dollars and seventy nine cents, ($6099.79) and that he is chargeable with that sum on this final settlement; and that he has paid out in the due administration of the said estate due moneys of the said estate to the aggregate sum of Four Thousand Three Hundred and twenty one dollars and twenty cents, ($4321.21); and that he is entitled to credit for the sum on this final settlement; and that after allowing him credit for the sum last named he has in his hands belonging to the said estate the sum of Seventeen Hundred and seventy eight dollars and fifty nine cents, ($1778.59); which sum is subject to distribution amongst the legatees of the said testator under and according to his will: It is therefore ordered, adjudged and decreed by the court, that the account in this case as stated herein above, be and the same is hereby passed and allow and is hereby declared to full, just and correct. And it is shown to the satisfaction of the court, that under the terms of the will of the said William M. Martin, deceased, the money now in the hands of the executor belonging to the estate, as shown above, namely, the sum of seventeen hundred and seventy eight dollars and fifty nine cents, $1778.59, belongs to the said Laura Gill and her children, Bruce Gill, Helen Gill, Percy Walker Gill, Andrew Gill, Mabel Gill, Claude Gill and Windsor Gill, alias Menzo Gill; and to the said Callie Golson and her children, namely, Lucy Inez Golson, and Willie Ann Golson; and it is further shown to the satisfaction of the court, that under the terms of the will in this case, the said Laura Gill and her seven children above named, are entitled to have and receive of the balance now in the hands of the executor, the sum of eleven hundred and eighty five dollars and seventy two and two thirds cents, ($1185.72 - 2/3); and that by the terms of the will in this case, the said Laura Gill and her seven children above named are each entitled to have and receive cash one eight of said sum of $1185.72 2/3; and that by the terms of the will in this case, the said Laura Gill is made trustee for each and all of her said seven children and is authorized to receive and have the money belonging to her seven children their trustee; and it is further shown to the satisfaction of the court, that the said executor has heretofore paid to the said Laura Gill for herself and for Laura Gill as trustee for her seven children, on account of their distributive shares in this estate, the sum of eleven hundred dollars and fifty cents ($1100.50); and that he is entitled to credit for the sum last named as against the said Laura Gill and her said children; and that after allowing him credit for the said sum so paid to them, the executor still has in his hands belonging to the said Laura Gill and her seven children, the sum of eighty five dollars and twenty two and two thirds cents ($85.22 2/3) it is therefore ordered, adjudged and decreed by the court, that the account between the said executor and the said Laura Gill and her seven children, be, and the same is hereby passed and allowed, and is hereby declared to be full and correct. It is further ordered as judged and decreed by the court, that the said Laura Gill in her individual capacity, and as trustee for there seven children, namely, Bruce Gill, Helen Gill, Percy Walker Gill, Andrew Gill, Mabel Gill, Claude Gill and Windsor Gill (alias Menzo Gill) have and recover of the said Hugh S. D. Mallory, as executor of the will and estate of the said William M. Martin, deceased, the said sum of eighty five & 22/100 2/3 dollars ($85.22 2/3) the balance of their distributive shares in said estate - on eight of said sum belonging each to the said Laura Gill and her said seven children. And now the said Hugh S. D. Mallory pays into court the said sum of eighty five and 22/100 2/3 dollars, ($85.22 2/3) in payment and satisfaction of the foregoing ___ __ of the said Laura Gill and her said seven children; and said decree is hereby satisfied And it is now further shown to the satisfaction of the court, that under the terms of the will of the said William M. Martin, deceased, the said Callie Golson and her two children, Lucy Inez Golson and Willie Ann Golson are entitled to have and recive of the balance now in the hands of the said Hugh S. D. Mallory as executor , the sum of Five Hundred and Ninety Two dollars and eighty six and one third cents, ($592.86 1/3) and that the said Calllie Golson, Lucy Inez Golson and Willie Ann Golson are each entitled to have and receive one third part of the said sum of f$592.86 1/3; and that the said Callie Goilson is made the trustee for her said two children, and; as such thereto is entitled to have and receive the share of her sid two children in said sum of $592.86 1/3; and it is now shown to the satisfaction of the court, that the said executor has heretofore paid to the said Callie Golson, for herself as an individual, and for herself as trustee for ther two children above named, the sum of two hundred and twenty five dollars, ($225.00), on account of their distributive shares in this estate; and that the said executor is entitled to __ for the said sum of $225.00 in his account with the said Callie Golson and her said two children; and that after allowing him for the sum of $225.00 - so paid them, he still has in his hands belonging to them, the sum of Three Hundred and sixty seven dollars and eighty six and one third cents ($367.86 1/3.) It is therefore ordered, adjudged and decreed by the court that the account between the said Hugh S. D. Mallory, as executor of the will and estate of William M. Martin, deceased, and the said Callie Golson, Lucy Inez Golson and Willie Ann Golson, as stated herein above, be, and the same is hereby passed and allowed, and is hereby declared to be full and correct. It is further ordered, adjudged and decreed by the court, that the said Callie Golson, in he individual capacity, and in her capacity as trustee for her two children, Lucy Inez Golson and Willie Ann Golson, have and recover of the said Hugh S. D. Mallory, as executor of the will and estate of the said William M. Martin deceased, the said sum of Three Hundred and Sixty Seven dollars and eighty six and one third cents, ($367.86 1/3) the balance of their distributive shares in the said estate - on third part of said sum of $367.86 1/3 being the share of each of them. And now the said Hugh S. D. Mallory pays into court in satisfaction and payment of the foregoing decree and favor the said Callie Golson as an individual and as trustee for Lucy Inez Golson and Willie Ann Golson, the said sum of Three Hundred and Sixty Seven dollars and eighty six and one third cents, $367.86 1/3; and said decree is hereby declared to be paid and satisfied. And the executor now shows to the satisfaction of the court, that he has delivered to the said Laura Gill for herself and as trustee for her said seven children and to Callie Golson for herself and trustee for her two children all the uncollected charges in action belonging to said estate; It is ordered by the court, that the said Laura Gill and the said Callie Golson take and have and hold all the uncollected charges in action belonging to the said estate, and so delivered to them, for themselves and for themselves as trustee for their children respectively - to be held in the manner and in the interest provided for in the will in this case. And the said executor shows to the satisfaction of the court, that he has delivered to the persons entitled to the same all the personal property of said estate not specifically accounted for in his account on which this settlement is made; and that he has delivered to the said Laura Gill, for herself and for her children for who she is trustee, the real estate given to them by the will in this case; and that he had delivered to the said Callie Gollson, for herself and for her children for whom she is trustee, the real estate given to the __ __ _ __ this case; and that he has fully administered the said estate; It is therefore ordered and declared, that the estate of the said William M. Martin deceased, is fully administered and finally settled; and that the said Hugh S. D. Mallory be, and he is hereby discharged from the office of executor of the said estate. In this settlement Satterfield & Finsey appeared for Callie Golson individually, and as trustee for her two children, and P. H. Pitts appeared for Laura Gill individually, and as trustee for her seven children, names given abovel Estate of William M. Martin, deceased. Wednesday, March 9th, 1898. In the matter of the payment of distribution shares of said estate to Laura Gill and her children. On the 26th day of February, 1898, Hugh S. D. Mallory, as the executor of the estate of William M. Martin, deceased, paid into this court, the distributive shares of Laura Gill and her seven children in the said estate, namely, $85.22 2/3; and now on this day, P. G. Wood, the judge of this court, pays the said distributive shares to the said Laura Gill in her individual capacity and in her capacity as trustee for her seven children; and she files in court her receipt for the same, said receipt is in writing, and is as follows: Selma, Alabama, March 9, 1898. On the final settlement of the estate of William M. Martin, deceased, in the Probate Court of Dallas County, Alabama on the 26th day of February, 1898, H. S. D. Mallory, as the executor of the said estate, paid into the said Probate Court, in money, the sum of eighty five dollars and twenty two and two thirds cents, for one, Laura Gill, wife of Andrew Gill, and for one, Laura Gill, as trustee for my children, Bruce Gill, Percy Gill, Helen Gill, Andrew Gill, Mabel Gill, Claude Gill, and Windor Gill, whose correct name is Menzo Gill - that being the distributive share of the said Laura Gill and her said seven children in the said estate; and now, on this the 9th day of March, 1898, P. G. Wood, Probate Judge has paid the said sum of $85.22 2/3 to me Laura Gill, and I received the said money for myself, and as trustee for my said above named seven children, and I hereby discharge said Wood from all liability for said money. Laura Gill, for myself and for my children, Witnesses : J. E. Tearff. A. Gill Estate of William M. Martin, deceased. Wednesday, March 16th, 1898. In the matter of the payment of the distributive money in said estate to Callie Golson & children On the 26th day of February, 1898, H. S. D. Mallory as the executor of the estate of William M. Martin, deceased, paid into court the distributive shares of Callie Golson and her two children in the said estate, namely the sum of $367.86 1/3; and now on this day P. G. Wood, the judge of the court pays the said distributive shares to the said Callie Golson in her individual capacity and in her capacity as trustee for her two children; and she files in court her receipt for the same. Said receipt is in writing and is as follows: Selma, Alabama, March 16th, 1898. On the final settlement of the estate of William M. Martin, deceased, in the Probate Court of Dallas County, Alabama on the 26th day of February, 1898, H. S. D. Mallory, as the executor of the said estate, paid into the said Probate Court, in money, the sum of Three Hundred and sixty seven dollars and eighty six and one third cents, ($367.86 1/3), for me, Callie Golson, and for me, as trustee of my two children, namely, Lucy Inez Golson and Willie Golson and her said two children in the said estate; and now on this the 16th day of March, 1898, P. G. Wood, Probate Judge, has paid the said sum of $367.86 1/3 to me Callie Golson, and I receive he said money for myself, and as trustee for my said two children named above; and I hereby discharge said Wood from all further liability for said money. Callie Golson, for myself and for Lucy Inez Golson and for Willie Ann Golson. File at: http://files.usgwarchives.net/al/dallas/court/martin232gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 19.2 Kb