Fayette-Lamar County AlArchives Court.....Box, Liles 1858 ************************************************ 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: Veneta McKinney howven@sbcglobal.net November 22, 2004, 12:09 am Source: Fayette County Probate Records, Book 1 And 2 Written: 1858 Minutes of Probate Court November Term 1853 pg 235 The State of Alabama Fayette County, Probate Court 7th November AD 1853. The following proceedings were had to with: LILLIAN BOX ESTATE {Last will and testament filed for Probate 7th November 1853 and set for hearing 2nd {Monday in Dec next. Come this day THOS. J. BOX and presented and filed in court the Last Will and Testament of Lillian Box late of said county deceased and filed a papers purporting to be the last will and testament of Liles Box late of said county deceased. And made such to admit the same to probate and to issue letters testamentary on to him the said Thos. J. Box as Executor. It is therefore ordered by the court that the second Monday in December next be appointed to hear and determine the validity of said will. And that citations issue to any sheriff of the state of Alabama commanding him to summon POLLEY BOX widow of said deceased and MARY A. BOX heirs of said deceased to be and appear at a regular term of said court to beholders at the courthouse in and for said county on the second Monday in December next. And show cause if any they have to allege against the appointment of Thos. J. Box, who hath the day filed the same last will and testament of Liles Box, late of same county deceased and made sent to this court to admit the same to Probate why the same should not be granted and _ will admitted to probate and letters testamentary issue to the said Thos. J. Box. It is further ordered by the court that subpoenas are issued TO JOHN M. HENRY, W. A. TURNER, and JAS. B. MORTON witnesses to said last will and testament to be and appear before said court on the second Monday in December next. They are there to testify in relation to said last will and testament as witnesses thereunto. Minutes of Probate Court December Term 1853 pg 256 {Last will and Testament admitted to Probate 2nd Monday in December 1853 (It being the 12th day of said month} Be it remembered that on this the 12th day of December 1853 before the Probate Court of Fayette County appeared Thomas J. Box who says that he is the Executor of the last will and testament of Liles Box late of said County deceased and produced here to the court a paper purporting to be said last will and testament. And it appearing to the satisfaction of the court that citations has been issued to and served upon Polly Box widow of said deceased, Mary A. Box, the only heirs of lawful age interested in said Estate to appear at this present term of the court and show cause if any they have why said will should not be admitted to Probate as the last will and testament of the said Elijah ____ late of said county deceased and letters testamentary issued thereon to the said Thomas J. Box as Executor. Whereupon I have caused to come before me on this day JOHN M. HENRY one of the sub--- witnesses to said last will and testament who after being duly sworn deposeth and saith: that he was present on the day when said will purports to have been signed by the said Liles Box which was on the 9th day of October 1853 that the signature to said will was signed in his presence and in the presence of the other su—witnesses and that he declares the same to be his last will and testament and at the time of signing the same he was of sound and deposing mind and of the age of twenty one years, and the same has not been altered or defaced since the signing of the same and that himself and the other two subscribing witnesses, ---- said will at the request of the Testator and signed or witnesses the same in the presence of said Testator. It is therefore ordered adjudged and decreed that the said Minutes of Probate Court December Term 1853 pg 257 LILES BOX ESTATE continued Paper purporting to be the last will and testament of Liles Box late of said county deceased be admitted to Probate as such, It is further ordered and decreed that the same be filed and recorded in the proper record book of the court. It appearing to the satisfaction of the court that Thos. J. Box and Polley Box were appointed Executors of said last will and testament and it further appearing by petition of said Polley Box that she wished to be exonerated from her said appointment as co-executrix of said last will and testament. It is therefore ordered by the court that the said Polley Box be and she is hereby abased of her said appointment as executrix of said last will and testament of the said Liles Box. Be it remembered that on this the 12th day of December AD 1853 personally appeared in open court Thomas J. Box executor of the last will and testament of Liles Box late of said county deceased and entered into bond in the sum of six thousand dollars conditional as requested by law for the faithful performance of his duties as such Executor as aforesaid with DAVID BERRY, MASON BOX, and NEWTON F. MORTON as his securities which bond of the said Thos. J. Box as Executor as aforesaid is hereby approved ordered to be filed and recorded. It is further ordered by the court that letters testamentary on the last will and testament of Liles Box late of said county decease issue to the said Thomas J. Box as Executor aforesaid. ORDER OF APPRAISMENT Ordered by the court that JOHN M. HENRY, PETER CRIBBS, and EVERETT PALMER – be and they are hereby appointed appraisers of all and singular the goods and charter rights and credits of Liles Box late of said county deceased, and that they esteem their said affirmation to this court sworn to as argued by law by the second Monday in January next. Minutes of Probate Court January Term 1854 pg 268 LILES BOX ESTATE {Ret of Inventory of property and effects 9 January 1854 and also Ret of appraisement of {said property Come this day Thos. J. Box Executor of the last will and testament of Liles Box late of said county decease and makes return of the inventory of property and effects belonging to said deceased and also an appraisement of the same whole inventory and appraisement each being sworn to as examined by the court. It is therefore ordered by the court that paid inventory and appraisement as this day returned by said Executor be and the same is hereby received ordered to be filed and recorded. ORDER OF SALE OF PERSONAL PROPERTY This day Thos. J. Box filed his petition __ by oath praying for an order to sell the personal property therein named for the purpose of paying the debts of said deceased. It is therefore ordered by the court that Thomas J. Box Executor of the last will and testament of Liles Box late of said county deceased by and he is hereby authorized to make sale of the waggon (sic) and steen, horse and gun, at private sale, on a credit of twelve months, the purchaser giving note and approved security, and a due return of his proceedings under this order make to this court on the second Monday in May next or sooner. Minutes of Probate Court January Term 1854 pg 267 LILES BOX ESTATE {Order of sale of cotton and corn privately granted 9 January 1854. Come this day Thos. J. Box Executor of the last will and testament of Liles Box late of said county deceased and filed his application __ by oath praying for an order to sell the corn and cotton belonging to decease, at private sale for the purpose of paying the just debts of said deceased. It is therefore ordered by the court that Thomas J. Box Executor of the last will and testament of Liles Box late of said county deceased be and he is hereby authorized to make sale of the cotton crops and corn at private sale for cash in hand, and a due return of his proceedings under this order make to his court at a regular term thereof to be held on at the court house in and for said county on the second Monday in May next. Minutes of Probate Court May Term 1854 pg 326 LILES BOX ESTATE {Return of Sale Bill of Personal Property 8th May 1854 Come this day Thos. J. Box Executor of the last will and testament of Liles Box deceased, and makes return of the sale Bill of Personal property belonging to said Estate which sale Bill being shown to be said Executor and examined by the court. It is therefore ordered by the court that said sale bill be and the same is merely received ordered to be filed and recorded. And thus the court adjourned. Attest Jno. C. Moore Judge of Probate Minutes of Probate Court October Term 1854 pg 405 LILES BOX ESTATE {Probate Court Oct 21st 1854 Papers filed for annual settlement Come this day Thomas J. Box Executor of the last will and testament of Liles Box late of said county deceased and filed his account current and vouchers for an annual settlement of said Estate. Ordered that the 1st day of December next be appointed for said settlement and that notice of the same be given at the office of the Judge of Probate and three other public places in said county three successive weeks prior to the 1st December next. It is further ordered that BURR W. WILSON be and he is hereby appointed Guardian ad litem for the minor heirs of said Estate to protect their interest in said settlement. And thus the court adjourned. Jno. C. Moore Judge of Probate Minutes of Probate Court December Term 1854 pg 423 The State of Alabama Fayette County Probate Court Special Term 1st day of December AD 1854. The following proceedings were had to with: LILES BOX ESTATE {Order of sale for personal property at private sale granted 1st December 1854. Come this day Thomas J. Box Executor of the last will and Testament of Liles Box late of said county deceased and filed his application praying for an order of sale to sell one waggon and yoke of oxen for the purpose of paying the just debts of said deceased and also praying that he have the liberty to sell the same for cash in hand and at private sale, setting forth in said application for sell said property in said way would be of interest to said Estate and the court proceeding to hear and determine said petition and it appearing to the satisfaction of the court that said application is verified by the oath of said petitioner and that it is necessary that said property should be sold for the purpose aforesaid and in the way and manner as prayed for. It is therefore ordered by the court that Thomas J. Box Executor as aforesaid be and he is hereby authorized to make sale of one ox waggon (sic) and one yoke of oxen belonging to said deceased at private sale for cash in hand and a due return of his proceedings under this order make to this court at a regular term there of to be holden at the court house in for said county on the 2nd Monday in April next. Minutes of Probate Court July Term 1861 pg 523 LYLES BOX Deceased Estate of Account in Final Settlement State of Alabama Fayette County Probate Court Tue 27th July 1861 William A. Turner Administrator Deborission (?) with the will annexed of the Estate of Lyles Box Late of said county deceased in --- current in final settlement of said Estate as follows: Sale Bill Real Estate $705.00 Or as follows: No. 1 Tax Receipt for 1860 $6.65 2 E. Palmer Debt 4.65 Interest paid on land 1.86 3 1.60 4. 561.70 Interest on the Same 108.59 5. 14.50 6. 9.50 Interest on the same paid .45 Commission allowed admit 35.40 Court Cost 7.00 Court Cost from (?page 10?) 39.30 State of Alabama Fayette County $791.31 $791.30 708.00 $ 83.30 Personally came before me B. H. Williams Judge of Probate of the Probate Court of Said County William A. Turner Adm. As aforesaid and in filing the above account current and vouchers for a final settlement of said Estate states on oath that the same is correct and true as stated to the best of his knowledge and belief sworn to and sub—before me this the 7th day Minutes of Probate Court July Term 1861 pg 524 No. 1 $6.65 Received of William A. Turner Adm in the Estate of Lyles Box Deceased Six Dollars and 65 cents bringing the state and county tax on same for 1860 W. A. Edmonds T. C. No. 2 1855 Lyles Box Dr. to E. Palmer $4.65 cents The State of Alabama Fayette County Personally came before me A. S. Morley an acting Justice of the Peace for said county Everett Palmer who after being duly sworn deposition and --- that the above account is just and true and that the same is due and unpaid and that the same were controled (sic) in the lifetime of the above Lyles Box deceased sworn to and subscribed before on this the 15th of February 1855. {Everett Palmer A.S. Morley Justice of the Peace { Presented the 24th day of February 1855 { Thos. J. Box Executor No. 3 $1.60 Received of W. A. Turner Adm on the Estate of Lyles Box deceased One Dollar and 60 cents being the tax to said Estate for 1859. W. A. Edmonds T. C. No. 4 Amount allowed to T. J. Box of Estate of Lyles Box 5th August 1858 $561.71 Cost paid by T. J. Box 22.75 $584.46 No. 5 1859 Mrs. Mary Box Dr. Oct. 21st to E. M. Turner To Professional Services Eight Visits $14.50 The State of Alabama Fayette County Personally appeared E. M. Turner before me the undersigned an acting Justice of the Peace in and for said county and after being duly sworn deposition and says that the above account of Fourteen 50/100 Dollars is just and true and unpaid sworn to and subscribed before me this the 14th day of December 1859. E. M. Turner M. Petty J.P. Received of W. A. Turner payment in full of the above debt Dec. 14th 1859. No. 6 Estate of Liles Box deceased to E. M. Turner Dr. Dec 21st Ex. Tooth for Laura (6 pills) .50 1860 April 8th 2 oz -- --- grs quinine 1.25 Sept 5th Blue map and cattle pills 1.00 12 Visit and prescription 1.50 13 “ 1.50 14 1.50 18 P. all visit and C. 1.00 20 “ 1.00 25 Loyals Solution Tod .25 $9.50 Minutes of Probate Court April Term 1861 pg 525 Personally appeared before me John B. Gilmore an acting Justice of the Peace in and for Said County of Fayette and State of Alabama E. M. Turner who being duly sworn deposes and says that the above account of nine dollars and fifty cents is just and true and unpaid sworn and subscribed before me this the 12th day of April 1861. E. M. Turner John B. Gilmore J.P. State of Alabama Fayette County Probate Court the 27th day of July 1861 Lyles Box deceased Estate of To THOMAS P. MCCONNELL. Greeting. You will please take notice that on the above date William A. Turner adm with the will annexed having filed his account current vouchers and c. for a final settlement of said estate. It was thereupon ordered by the court that you be appointed Guardian adlitem for and to protect the interest of the minor heirs of said estate upon the hearing of such settlement given under my hand date above written. B. H. Williams Judge of Probate State of Alabama Fayette County I B. H. Williams Judge of the Probate Court of said county hereby certify that the foregoing three pages contains a full true and complete record of all the papers in the final settlement of said Estate given under my hand this the 24th June 1862. B. H. Williams Judge of Probate State of Alabama Fayette County Probate Court - December Term of 1861 To the Honorable the Probate Court of said county William A. Turner Administrator Deb—now with the will annexed of the Estate of Lyles Box late of said county deceased. Respectfully represents unto Your Honour that he proceeded on the 13th day of November 1855 according to a former decree of said court to sell the lands belonging to said Estate were sold the same to the following persons as follows : the E ½ of E ½ of NW ¼ Sec 15 T 15 Range 16 West to BENJAMIN PENNINGTON Jun (?Jr.?) and the W ½ Of the E ½ of NW ¼ of Sec 15 T 15 R 16 West to B. W. SMITH and also the SE ¼ of SW ¼ of Sec 10 T 15 R 16 West and the SW ¼ of SE ¼ Sec 10 T 15 R 16 to E. PALMER and the NW ¼ of SE ¼ Sec 10 T 15 R 16 to A. J. JORDAN JUNIOR at a sale of the lands belonging to said Estate made by said --- on the said date under the order of this court which said sale was duly confirmed to the said Minutes of Probate Court December Term 1861 pg 526 Having paid all the purchase money except about $27.00 which will be paid down and for the payment of which your --- hereby vouchers and said purchasers having complied with all the conditions of said decree of sale and agreeable to the terms of confirmation of said sale. This upfront is made so there your Honor may order a conveyance of said lands to said purchaser and make such orders and decreed in the – as may be according to law and as in duty Bound will ever pray and c. sworn to and subscribed before me this the 7th January AD 1862 W. A. Turner Adm Deb--- LILES BOX ESTATE Fayette County Probate Minutes Book 2 Pages 595 – 601 LILES BOX ESTATE in Probate Court year 1858 The State of Alabama Fayette County Know all men by these present that we WM. A. TURNER as principle and THOS. J BOX, W. H. MORTON are held and firmly bound unto William P. Henry Judge of the Probate Court of said county, and his successors in office in the penal sum of five thousand dollars the payment of which well and truly to be made. We and each of us bind ourselves as heir Executors and Administrators jointly and severely firmly by these present sealed with our seals and dated this 5th day of August in the year of our lord one thousand eight hundred and fifty eight. The condition of the above obligation is such that whereas the above bound Wm. A. Turner has been duly appointed Administrator De Bomas Son with the will annexed on the estate of Liles Box Deceased. How if the said Wm. A Turner shall well and truly perform all the duties which are or may be required of him as such administrator by law. Then this obligation to be void otherwise to remain in full force and ? witness our hands date above written. Approved the 15th day of August AD 1858. Wm. P. Henry Judge of Probate William A. Turner Thos. J. Box Newton H. Morton Mary Box (his mark) The State of Alabama Fayette County I William P. Henry Judge of the Probate Court of said county certify that Letters of Administrator De Bomas Son with the will annexed on the estate of Liles Box Deceased late of said county were on the 10th day of August 1858 granted to Wm. A. Turner who has duly qualified and given bond -----to administer such estate page 596 Dated this 10th day of August 1858. Wm. P. Henry Judge of Probate filed in office 10th August 1858. The State of Alabama This August 16 1858 Fayette County To the Honorable the Probate Court of Said County the undersigned Administrator De Bomas Son with the will annexed of Liles Box Deceased late of said county, respectfully alleges that his testate died seized and ? of the following described land lying and being situated in said county and in the Tuscaloosa District in said state to wit the W ½ SE ¼ and SE ¼ of SW ¼ Sec 10 T15 R16 E ½ NW ¼ Sec 15 T15 R 16. He further alleges that the following persons are the heirs and legatees of said deceased viz. MARY BOX, WIDOW OF SAID DECEDENT, MARY A. TURNER, WIFE OF W. A. TURNER, T. J. BOX, T. R. ALDRIDGE, WIFE OF JAMES ALDRIDGE, MARTHA A. YOUNG, WIFE OF JAMES P. YOUNG ALL OF FULL AGE B. F. BOX, ELIZA L. BOX, WILLIAM L. BOX, SARAH JANE BOX, MALINDA L. BOX, AURELIA O. BOX AND LOCKE BOX all under lawful age having no guardian none of whom are of unsound mind all of whom resides in said county of Fayette. He further alleges that the will of said decedent gives him power to sell the land for the purpose of paying the debts of said estate and that it would be more beneficial to the estate to sell 2 portions of land for the payment of debts than to sell personal property. He therefore asks your Honor to grant and make an order authorizing and empowering him to sell said land; said purpose all of which is respectfully submitted this August 16, 1858. Wm. A. Turner Admr De Bomas Son The State of Alabama Fayette County E. P. James who has been appointed guardian ad litem in this case comes according to the statute says that the allegation set fourth in the forgoing petition are not true - - - be ready to verify. E. P. James Gar. Ad. Litem Filed in office 19 August 1858. The State of Alabama Fayette County In the Probate court of said county To the heirs of the Estate of Liles Box Deceased. You will take notice that I have filed in the office of the Judge of Probate for said county, Interrogatories to be propounded to Thos. J. Box and James Aldridge who resides in said county the evidence which taken will be used on the hearing of an application to sell the land of said deceased for the payment of the debts of said deceased. Int. 1st Are you or either of you acquainted with the following described land and belonging to said estate to wit. The W ½ of SE ¼ and SE ¼ and SE ¼ of SW ¼ Section 10 T 15 R 16 W. E ½ of NE ¼ Section 15 T 15 R 16 W all in the county of Fayette and State of Alabama. Int. 2 Are you or either of you acquainted with the heir of said estate? If yea, please state there (sic) names and of whom and under the age of twenty one years of whom are married woman and to whom married and if any of whom are of unsound mind and if they and they alone are the heirs of said Page 597 Estate. Also five the residence of each. Int. 3. Is the personal property of said estate sufficient to pay the debts thereof and would a sale of the lands thereof for the payment of the debts thereby be more beneficial to said estate than sale of personal property thereof. Int. 4 Please state anything else in behalf of this application that you or either of you may know. M. A. Suggs will be appointed commissioner to take the Deposition of the witnesses August 19, 1858. Wm. A. Turner Admr. De Bomas Son A True Copy Attest Wm. P. Henry Judge of Probate Recd. Same Day issued Executed by having all the heirs copies of the written notice except James Aldridge, which I left a copy at his residence this 4 day Sept. 1858. J. H. Harton ? The State of Alabama Fayette County Probate Court in vacation 19th day of August 1858. In the matter of Petition of Wm. A. Turner Administrator De Bomas Son with the will annexed of Liles Box Deceased to sell the lands therein described for the payment of debt and to be held on the 2nd day of October 1858. It is ordained by the county that E. P. James Esq. be appointed as Guardian Ad Litem for the minor heirs of said Estate to protect there (sic) interest on the hearing of said petition and that he be duly notified of said appointment given under my hand at office the 19th day August AD 1858. Attest Wm. P. Harvey Judge of Probate. I accept the within appointment and notice of the same this 19th day of August 1858. E. P. James The State of Alabama Fayette County Crop Interrogatories filed by E. P. James Guardian Ad Liter in the matter of the Petition of W. A. Turner Admr De Bomas Son with the will annexed of Liles Box Deceased for the minor heirs mentioned in said petition Crop Int. to Thos. J. Box and James Aldridge. 1st. If in answer to 1st direct Int. you say you are acquainted with the lands mentioned therein state is this is all of the lands belonging to the Estate of L. Box Deceased. 2. Crop Int. How much is the Estate of Liles Box Deceased in debt and state as near as you can the amount and to whom. 3rd Crop Int. What is the land belonging to the Estate worth and is it necessary to sell all the land named in the 1st Interrogatory. If not what subdivision if any had better be sold and state the value as near as you can of each subdivision. 4th Crop Int. Would it not be better to sell personal property than land or would it not be better to sell some of the personal property instead of all the land. E. P. James Guardian Ad Litem Filed in office on the 25th August 1858. The State of Alabama Fayette County In the Probate Court of Said County ---------------------------------------- Page 598 Deceased you will take notice that I have filed in the office of the Judge of Probate foresaid county Interrogates to be propounded to Thos. J. Box and James Aldridge of said county. To evidence when taken will be sealed on the trial of Petition to sell land for the payment of debts of said deceased. Int 1st are you or either of you acquainted with the following described land and as belonging to the said estate to wit the west ½ SE ¼ and SE ¼ of SW ¼ Sec 10 T15 R 16 E ½ of the NW ¼ Sec 15 T 15 R 16 all in the county Fayette and State Alabama. Int 2nd Are you or either of you acquainted with the heirs or legatees of said estate. If yea, please state there names and of whom are under the age of twenty one years of whom are married woman and to whom married and if any of whom are of unsound mind and if they alone are the heirs of said estate also five the residence of each. Int. 3rd. Is the personal property of said estate sufficient to pay the debts thereof and would a sale of the land thereof for the payment of debts thereof be more beneficial to said estate than that of the personal property therefore. Int 5 please state anything else in behalf of this application that you or either of you may know. M. A. Suggs will be appointed commissioner to take the Deposition of the witnesses. August 19, 1858. Filed in office 19 August 1858. Ans to 1st Int. We are. Ans to 2nd Int. We are and there names are as follows: Mary Box, Mary Ann wife of William Turner, Thos. J. Box, R. R. Aldridge, wife of James Aldridge Martha T. Young wife of James P. Young all of the above named heirs are over the age of twenty one years. B. F. Box, W. L. Box, E. L. Box, S. J. Box, M. L. Box, and A Lock Box all of the last mentioned heirs are under the age of twenty one years the above named heirs and they are heirs to said estate all of whom are of sound mind and resides in Fayette County Alabama. Ans to 3rd Int. we think not. We also think that a sale of land would be more beneficial to said estate for the payment of the debts thereof than would a sale of remaining personal property. Ans to 5th we know nothing else that will benefit said application. Ans to Crop Int 1st. The land described is not all the land belonging to the estate of L. Box deceased. Ans to Crop Int 2. The Estate of L. Box deep in debt. Something over six hundred dollars about seventy dollars to John Box, the remainder to Thos. J. Box. Ans to Crop Int 3. The land belonging to the estate is worth about $4 per acre. It is necessary to sell all the land mentioned in the 1st Int. Ans to 4 Int. We think not. James Aldridge Thos. J. Box I hereby certify that Thos. J. Box and James Aldridge appeared before me on the 1st day of Oct 1858 and gave the above answer on oath the enclosed interrogatories and also the crop Intr. M. A. Suggs, J. P. Page 599 The State of Alabama Fayette County Probate Court Special Term 19th day of August 1858. Before Wm. P. Henry, Judge of Probate court of Said County. To any Sheriff of the State of Alabama Greeting. You are hereby commanded to summons Mary Box, Widow of Liles Box deceased, Thos. J. Box, Mary A. Turner, wife of Wm. A. Turner, T. R. Aldridge and her husband James Aldridge, Martha T. Young and her husband James P. Young heirs and devisors of Liles Box late of said county deceased who are of full age to appear before the said William P. Henry, Judge of Probate of said county at a Special Term thereof to be held at the courthouse in and for said county on the 2 day of Oct. next. Then and there to answer the petition of Wm. A. Turner Administrator De Bomas Son of all and Singular the goods and chattels right and credits of the said Liles Box decease who hath filed a petition in said county this day setting fourth that for the purpose of paying the just debts of said deceased it will be necessary to sell the lands described in said petition belonging to said estate and praying the court to grant an order for the sale of the real estate of the said decedent consisting as alleged in said petition of the land described in his said petition lying and being in the county of Fayette and that the said above named heirs are the only heirs of the said decease of full age and that they are all of full age. Herein fail not and have you then and there this precept with your ---return thereby witnesses William P. Harvy Judge of the Probate Court of said county this 19th day of August 1858. Wm. P. Harvy Judge of the Probate received the same day issued. Executed by handing each one of the heirs a copy of the within notice except James Aldridge. I left a copy at his residence this 4th Sept. 1858. J. H. Harton, Sheriff The State of Alabama Fayette County Probate Court of Said County To M. A. Suggs Esqr. Greeting Know ye that we in confidence of your prudence and fidelity have appointed you and by these present do give you full power and authority to examine Thos. J. Box and James Aldridge as witnesses in a cause or proceeding now. Depending in and said court when Wm. A. Turner Administrator of L. Box Deceased is petitioned to sell the lands of the deceased and the heir of said estate are respondents and therefor we command you that you do cause the said Thos. J. Box and James Aldridge to come before you and there aforesaid upon the annexed direct and crop interrogatories and that you do take such examination and cause the same to be reduced into writing and return the same annexed to this writ cealed – your seal into our said probate court with all convenient spread witnesses Wm. P. Henry Judge of Probate for said county at office this 16th Sept 1858. Wm. P. Henry Judge of Probate Page 600 Interrogatories to Thos. J. Box and James Aldridge Int. 1 Are you or either of you acquainted with the following described lands and as belong to said estate to with the west of SE ¼ and SE ¼ of SW ¼ Sec 10 T 15 R 16. E ½ of NW ¼ Sec 15 T 15 R 16 and in the county of Fayette and State of Alabama. Int. 2 Are you or either of you acquainted with the heirs or legatees of said estate if yea, please state there names and of whom and under the age of twenty one years, or whom are married women and if they alone are the heirs of said estate also give the residence of each. Int 3. Is the personal property of said estate sufficient to pay the debts thereof and would a sale of the land thereof for the payment of debts thereof be more beneficial to said estate than that of the personal property thereof. Int 5. Please state anything else in behalf of this application that you as either of you may know. Interrogatories to Thos. J. Box and James Aldridge 1st If in answer to 1st Direct Int you say you are acquainted with the lands mentions therein. State if this is all of the land belonging to the estate of L. Box deceased. 2nd Crop Int. How much is the estate of Liles Box deceased in debt. State as near as you can the amount and to whom. 3rd Crop Int. What is the land belonging to the estate worth and is it necessary to sell all the lands mentioned in the 1st Interrogatories. If not what subdivision if any had better be sold and state the value as near as you can of each subdivision. 4 crop Int. Would it not be better to sell personal property than lands or would it not be better to sell some of the personal property instead of all the land. Oct 9th 1858. –The 2nd day of October –being the day set forth more than forty days forth hearing of the petition of Wm. A. Turner the Administrator de Bomas Son with the will annexed of Liles Box deceased to sell the lands therein named for the purpose of paying the just debts of said deceased and all the heirs who are of full age being notified of said application strictly in accordance with an order of this court intend on the 19th day of August 1858. Now comes the said Administrator and moves the court that said application be granted and also comes E. P. Jones who not of kin to said Administrator nor in anyway interested in these proceedings and who was heretofore appointed guardian ad litem and has consented to act as guardian ad litem to –and – the interest of all the minor heirs of said estate and the said guardian ad litem having filed his answers in – on the 20th day of August 1858 –the allegations in and – in said petition and it having been proven to the satisfaction of the court by the oath of Thos. J. Box and James Aldridge whose Testimony has been taken by Deposition and upon direct and crop Interrogatories as in Chancery and which testimony has been filed of record in this proceeding that the personal property is insufficient to pay the debts of said estate and that is necessary and will be to the interest Page 601 Liles Box Estate in Probate Court 1858 continued of said estate that the lands described as follows to wit the W ½ of SE ¼ and SE ¼ of SW ¼ Sec 10 T 15 R 16 E ½ of NW ¼ Sec 15 T 15 R 16 lying and being in said county should be sold for the purpose of paying the debts of said estate according to the – of said application being a part only of the lands belonging to said estate. It is therefore ordered adjudged and – that said application be granted and that said Administrator is ordered to sell the above described land at public auction in manner and form as the law directs in such cases after having first given notice for at least three successive weeks upon the door of the court house of said county and at the other public places in the vicinity of said land of the time and place and terms of sale said to be made upon the following terms one half the purchase money due in twelve months and the other half in two years from the day of said sale and to be secured as the law directs. It is further ordered by the court that an order of sale --- properly directed to the said Administrator in pursuance with the foregoing order and decree and then the court adjourned. Attest W. P. Harvey Judge of Probate. Sale Bill B. W. Smith and Benjamin Pennington bought the E ½ NW ½ Sec 15 T 15 R 16 W at $387 ½ per acre. $310.00 B. W. Smith Bought SE ¼ of SW ¼ Sec 10 Same T and Rate 4.95 198.00 E. Palmer SW ¼ of SE ¼ Sec 10 T & R 2.50 100.00 A. J. Jordan Jr. bought NW ¼ of SE of Sec 10 T 15 R 16 2.50 100.00 $700.00 The State of Alabama Fayette County Probate Court in vacation. December the 15th 1858 came this day into court Wm. A. Turner Admr De Bomas Son with the will annexed on the estate of Liles Box decease and bring sworn in due form of law says the forgoing inventory and return of sales as made by him on the 13th day of November 1858 is correct and true and – further says that said sale was fairly conducted according to an order to this Court made and directed to him and hat the said lands were sold and upon the following terms (viz) one half of the purchase money payable one year and the other half in two years from the day of said sale subscribe and sworn to before me date above written. Wm. A. Turner Administrator Attest. Wm. P. Harvey Judge of Probate Filed in office 15th Dec 1858. B. H. Williams Judge of Probate File at: http://files.usgwarchives.net/al/fayette/court/nwl12box.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 36.5 Kb