Estate Papers of John A. J. Whitehurst, Henry, Alabama http://files.usgwarchives.net/al/henry/wills/jajwhitehurst.txt ================================================================================ USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Debra LaMel ================================================================================ October 2002 Estate Papers of John A. J. Whitehurst Henry County, Alabama From the Courthouse in Abbeville Pages 205, 364-376, 387 &603 Scanned and transcribed by James Waller Whitehurst, July-September 1999 To err is human and I humbly apologize for any errors that you may find. NOTE: Where text could not be read and transcribed accurately, that portion of the scanned original document is copied and pasted in for individual reader interpretation. jww The State of Alabama } Court of Probate In Vacation June 5th 1863 Henry County } Upon the application of Seaborn S. Whitehurst for Letters of Administration upon the estate of John A. J. Whitehurst for Letters of Administration upon the estate of John A. J. Whitehurst deceased: This day made: It appearing to the Court that the said deceased died intestate and at the time of his death was an inhabitant of said County that his death has been known for more than fifteen days. and that said applicant is an inhabitant of said State, over the age of twenty one years and brother of said deceased, and a fit person to administer said estate. It is ordered that letters of administration upon the estate of said John A. J. Whitehurst deceased be given to the said Seaborn S. Whitehurst upon his entering into bond Conditioned as the law directs, with at least two sufficient securities, in the sum of Eight thousand dollars being double the estimated value of the real and personal property of said estate. It is further ordered that G. M Calver, Jn. Mitchell be appointed appraisers of the estate of said deceased, and that Sellers Administration issue herein. J. W. Teague Judge of Probate The State of Alabama } Know all men by these presents, that me Seaborn S. Whitehurst Henry County } John Whitehurst and Calvin J. Whitehurst: are held and firmly bound unto his Honor E. W. Teague Judge of the Probate Court of said County and his office in the Final sum of Eight Thousand Dollars for the payment of the sum well and truly to be made, we bind ourselves, our heirs, executors, Administrators and (assigns?) jointly and severally firmly by these presents, sealed with our seals and dated this the 5th day of June A.D. 1863. The Condition of the above obligation is such whereas the above (bound?) Seaborn S. Whitehurst has been duly appointed Administrator of the estate of John A. J. Whitehurst late of said County deceased. Now if the said Seaborn S. Whitehurst shall well and truly perform all the duties which are or may be, by law required of him as such Administrator, then the above obligation to be void. Otherwise to remain in full force. The State of Alabama } Before me, E. W. Teague, Judge of the Probate Court in and for said County, Henry County } Seaborn S. Whitehurst, who has this day been Appointed administrator of John A. J. Whitehurst deceased, who being duly sworn deposes and says that he will faithfully discharge the duties which are, or may be, by law required of him as such administrator. Sworn and Signed before me this the 5th day of June 1863. E.W. Teague Judge of Probate Seaborn S. Whitehurst The State of Alabama } J. E. W. Teague Judge of the Probate Court of said County. Certify that Letters of Henry County } Administration the Estate of John A. J. Whitehurst deceased, were on the fifth day of June 1863 granted to Seaborn S. Whitehurst, who has duly qualified an given bond as such, and is authorized to Administer said Estate, dated this 5th day of June 1863 E. W. Teague Judge of Probate The State of Alabama } Henry County } Whereas on the 5th day of June A.D. 1863 Letters of Administration on the Estate of John A. J. Whitehurst late of said County deceased were granted by the Probate Court and County, to Seaborn S. Whitehurst. Now in pursuance of Law, Joseph Caddock (?) Geo. W. Calvin and John Mitchell; are appointed appraisers of the goods and Chattels,(?) rights and Credits, which were of said deceased in said County. Witness Elijah W. Teague Judge of Probate of said County this 5th day of June 1863. E. W. Teague Judge of Probate A full and complete inventory of all the goods and chattels, rights and credits, belonging to the Estate of John A. J. Whitehurst, deceased which have into the pesesion(?) of the undersigned Administrator of the estate of said, to wit 41 bushels of wheat, 27 shoats, 2 sows & Pigs, 1 grey Colt, 1 grey Mare, 1 grey Horse, 3 prs. Plow gears, 1 Buggy and harness, 1 cross cut saw, 2 frows(?), 1 grind Stone, 1 chest tools, 1 Broad Axe, 1 set Plows(?) Hoes & stocks, 1 set irons, 1 set Blacksmith tools, 2 1/2 bushels rough rice, 1 piece steel, 1 Buggy, 1 saddle, 1 (?) harness, 1 set Kitchen Furniture, 2 spinning wheels, 2 axes and bar of iron, 2 Pots, 1 stove(?) and fixtures, 1 safe, 2 shot guns, 1 pr. And Irons, 2 Smoothing Irons, 1 set Chairs, 1 Well Wheel, 3 Feather Beds & Matreses, 1 Clock and fems(?), 1 set measures, 2 tables, 1 water bucket, 1 set shoe tools, 1 pr. Boots, 1 set Bottles, 1 Razors and Strops, 2 bales Cotton, 1 ox & 6 head of cattle. The State of Alabama } Before me, E. W. Teague, Judge of the Probate Court, in and for said County, Henry County } personally came Seaborn S. Whitehurst, Administrator of the estate of John A. J. Whitehurst deceased, who being duly sworn according to Law, deposes and says, that the foregoing Inventory is full and Complete, as to the goods and Chattels, rights and credits, which were of said deceased, which have come into his possession.Sworn to and Signed this the 6th June 1863 E. W. Teague Judge of Probate {} Seaborn S. Whitehurst Received and ordered to be recorded this 8th day of June 1863 E. W. Teague Judge of Probate The following is a list of Property appraised by us this day of John A. J. Whitehurst, deceased, June 6th, 1863. (signed) George W. Calvin } John Mitchell } Appraisers James Renfro(?) } The State of Alabama } Henry County } I, Seaborn S. Whitehurst, Administrator of John A. J. Whitehurst, hereby Certify that the foregoing appraisment was made by the appraisers after being duly sworn by me according to Law, this 6th day of June 1863. Seaborn S. Whitehurst Received and ordered to be entered this the 8th day of June 1863 E. W. Teague Judge of Probate The State of Alabama } To the Honorable E. W. Teague, Judge of the Probate Court in and for said County Henry County } The undersigned, administrator of John A. J. Whitehurst, deceased, Respectfully represents unto your Honor that said deceased, died, seized and disposed of the following personal property of a perishable nature, to wit, 2 Ox Cart, 8 goats, 27 head Shoats, 2 Sows & Pigs, 1 grey Colt, 41 bushels Wheat, 1 grey Mare, 1 grey Horse, 3 pr. Plow gears, 1 buggy Harness, 1 Cros Cut Saw, 1 Irons, 1 grind Stone, 1 Chest of Tools, 1 Broad Axe, 1 set plows Hoes & Stocks, 1 Set frows(?), 1 Set Black Smith Tools, 2 1/2 Bushels Rough Rice, 1 pc Steel, 1 Buggy, 1 Saddle, 1 pr Harness, 1 Set Kitchen Furniture, 2 spinning Wheels, 1 axes & 1 Bar Iron, 1 Pots, 1 loom & fixtures, 1 Safe, 2 Shot Guns, 1 pr Fire dogs, 2 Smoothing Irons, 1 set Chairs, 1 Well Wheel, 1 Block & Lamps(?), 1 set Measures, 2 Tables, 1 water Bucket, 1 set shoe Tools, 1 pr Boots, 1 set Bottles, 1 Razors & Strops, 2 Bales Cotton, 1 Ox & 6 Head Cattle. He alleges, that a sale of said property is necessary, for the payment of the debts of said deceased and the Charges(?) of Administration. Wherefore he pays an order Authorizing and imposing him said property, at the residence of said deceased, for cash and will Seaborn S. Whitehurst The State of Alabama } Before me, E. W. Teague, Judge of the Probate Court in and for said County, personally Henry County } came, Seaborn S. Whitehurst, Administrator of said deceased, who being duly sworn deposes and says that the facts set forth in the foregoing application are true and Correct, Sworn to and Signed before me, this 8th day of August 1863. E. W. Teague Judge of Probate } Seaborn S. Whitehurst The State of Alabama } Court of Probate, Regular Term June 8th 1863 Henry County } Upon the application of Seaborn S. Whitehurst, Administrator of the Estate of John A. J. Whitehurst, late of said County, Deceased, duly verified by affidavit, praying for a sale of the perishable personal property of said deceased, for the payment of the debts of said deceased. I appears that such sale is necessary for that purpose. It is ordered that said Administrator may sell such property at the late residence of said deceased for Cash. After giving the Notice required by Law, by posting notices at the Court House, and at three other public places in said County for at least thirty days before such sale, and that due and proper return be made thereof to this court as required by Law. It is further ordered that said application be recorded and filed. E. W. Teague Judge of Probate The State of Alabama } Henry County } The amount of Articles sold at the sale of the Personal Estate of J. A. J. Whitehurst, deceased, on the 6 day of July 1863. by S. S. Whitehurst, Administrator of said deceased, as follows namely for Cash. The State of Alabama } Henry County } Before me, E. W. Teague, Judge of the Probate Court in and for said County, personally appeared S. S. Whitehurst, Administrator of the estate of John A. J. Whitehurst, deceased, who being duly sworn deposes and says that the foregoing account of sales is true and Correct, as it stands Stated, Sworn to and Signed before me this the 14th day of July 1863. E. W. Teague Judge of Probate {} S. S. Whitehurst It is ordered that the foregoing account of sale, be received, recorded and filed. E. W. Teague Judge of Probate (Margin note: Report sale of crops & ...in Negroes) A report of the sale of the crop of 1863, belonging to the estate of John A.J. Whitehurst deceased. Made on the 16th of September 1863 for Cash and also, report of Hire of Slaves till 25th December 1863; to wit Growing crop to John Whitehurst for 150.00 Hire of Boy Henry as above, Not due till 25th Dec 1863 24.00 $174.00 The State of Alabama } Henry County } Before me, E. W. Teague, Judge of Probate for said County personally Came Seaborn S. Whitehurst Admin. of J. A. J. Whitehurst, deceased, who being sworn say, the foregoing report is true and correct. Sworn and Signed before me this 1st October 1863 } Seaborn S. Whitehurst E. W. Teague Judge of Probate } (Margin note: Application to sell land) The State of Alabama } To M. B. Green Judge of the Probate in and for said County. Henry County } The undersigned Administrator of the estate of J. A. J. Whitehurst deceased, respectfully represents unto Your Honor that said deceased, and of the following deserted(?) lands lying and in said County and State to wit: SW 1/4 of NE 1/4 & SE1/4 of NW 1/4 and NE 1/4 of NE 14 Sec 25 Township 8, R 28. Containing one Hundred and Twenty acres more or less. He further represents that all the property belonging to said deceased, retained(?) in his inventory of said estate heretofore filed has been sold by him, under and by virtue of an order from said Court, except two Negroes and said land. He alleges that a sale of said land is necessary to pay the debts of said deceased, there being no money or other personal property belonging to said deceased, wherewith to satisfy them.He would further represent unto your honor, that the heirs at Law of said deceased are his seven Minor Children, namely, Rebecca, Mary, Caladonia, Martha J., J. John, Richard and Lee Whitehurst. He would further represent that John, Mary and Caladonia reside in this County, John & Caledonia with the undersigned, and Mary with Mrs. John Adams, and have no legal Guardian, And for them that saw other heirs reside in Jackson County, in the State of Florida, Rebecca, with one widow Smith, Richard with his uncle C. J. Whitehurst, Lee with John Ward, and Martha J. with a widow lady near Marianna, whose name is unknown to the undersigned. Rebecca, Mary, John & Martha J. are over the age of fourteen years & have no Guardians. Wherefore he prays for an order Authorizing and impowering him to sell said land for said purpose at the Court House of Said County upon a credit of twelve months and as is duly bound he will ever pray. The State of Alabama } Henry County } Before me M. B. Greene, Judge of the Probate court in and for said County, personally came Seaborn S. Whitehurst Administrator of the estate of J. A. J. Whitehurst deceased, who being duly sworn, deposes and says that the facts set forth in the foregoing petition are true and Correct, to the best of his knowledge & belief. Sworn to and Signed before me this the 18th day of October 1865. M. B. Green Judge of Probate{} Seaborn S. Whitehurst The State of Alabama } Henry County } Court of Probate, in vacation October 18th 1865. Came this day. S. S. Whitehurst, Administrator of the estate of J. A. J. Whitehurst, decd. and filed application under oath for the sale of said lands of said deceased, which are described in said application, according to Law, and giving the names and residences of the heirs of said deceased and alleging that a sale of said land is necessary(?) for the payment of the debts of said deceased. And therefore it is ordered that the 3rd Monday of November next, be set apart, as a day for the hearing and determining said application, that Wm E. Bradley(?) be appointed guardian ad Litem of the Minor heirs of said deceased; and that Citation be served upon him as well as upon Mrs. Ally Adams, Custodian of Mary Whitehurst, a Minor heir of said deceased, a minor heir at Law of said deceased, and that Notice of this application and of the day set for hearing be given by posting Notice at the Court House door, and three other public places in said County for three successive weeks before said day. M. B. Greene Judge of Probate. (Margin note: Notice to Ally Adams Custodian of Mary Whitehurst) The State of Alabama } Henry County } To any Sheriff of said State. You are hereby Commanded to Notify Mrs. John (Ally) Adams, as the Custodian of Mary Whitehurst, a Minor heir of J. A. J. Whitehurst, decd, that Seaborn Whitehurst; Administrator of the estate of said John A. J. Whitehurst, deceased, has this day filed in the Probate Court of said County, his application for an order, to sell the lands belonging to said deceased to pay the debts of said deceased, and that the third Monday of November next, is the day set apart to hear and determine the said application and make petition according to Law. Witness my hand, this 18th day of October 1865. M. B. Greene Judge of Probate I accept due and legal Service of the within Notice waive copy and for the Notice October 19th 1865. Mrs. A. X(her mark) Adams (Margin note: Notice to Guardian, ad litem) The State of Alabama } Henry County } To any Sheriff of said State, Whereas S. S. Whitehurst, administrator of the estate of J. A. J. Whitehurst, deceased, has this day filed in the Probate Court of said County, his application for a sale of the land of said deceased and Wm E. Bradley having appointed Guardian ad litem for the Minor heirs of said deceased, the same, You are therefore Commanded to Notify said Guardian ad litem that the 3rd Monday of November Next, is the day set apart to hear and determine said application, and return Make according to Law. Witness my hand this the 18th day of October 1865 M. B. Greene Judge of Probate Service accepted and Copy waived this 11th day of November 1865. M. E. Bradley, Guard. ad litem (Margin Note: Interrogating on Sale land) The State of Alabama } In the Probate Court of said County & State Henry County } In the matter of Estate of J. A. J. Whitehurst, Investigations to be propounded to Luke Hurst and Donald McLeod of said County, upon an application filed by S. S. Whitehurst, Administrator of the estate of J. A. J. Whitehurst, deceased, praying for an order to sell the land belonging to said estate to pay debts. Interrogatory 1st Are you, or either of you acquainted with the lands (following(?)) described and as belonging to said estate to wit: SW 1/4 of NE 1/4 & Se 1/4 of NW 1/4 of Sec 25, T 8, R 28 & NE 1/4 of NE 1/4 of Sec. 25., Same township and Range? Interrogatory 2nd Are you, or either of you acquainted with the heirs at law of said deceased? If yes, please state their names, and places of residence, Also please state which of said heirs are under the age of twenty one, and of whom are married women, if any. Interrogatory 3rd Is the personal property of said deceased sufficient to pay the debts (thereof(?)) Interrogatory 4th Please state anything else in behalf of said application that you may know? The State of Alabama } Henry County } Court of Probate in vacation, October 20th 1865 Upon the filing of the foregoing interrogatories It is ordered that Wm. E. Bradley, the guardian ad litem of the Minor Children of said deceased and Mr. John Adams, The Custodian of Mary, a minor of said deceased will take notice that after ten days Notice of the above Interrogatories a Commission will issue to Geo. P. Kincey to take the answers of said witnesses in said interrogatories named, and that within that time they can object to or the same, if they see fit. and further, that a copy of said Interrogatories be posted at the Court House of said County. M. B. Green Judge of Probate Services accepted & Copy waived this 20th October 1865 Wm E. Bradley Guard. ad litem Services accepted & Copy waived this 20th October 1865 Mrs. A (X) (her mark) Adams (Margin Note: Commission to Geo P. Kincey) The State of Alabama } S. S. Whitehurst, Adm. of J.A.J. Whitehurst, deceased Henry County } The heirs at law of said deceased To George P. Kincey Greeting. Know ye that we, having full faith and Confidence in your prudence, and Competency, have appointed you Commissioner, and by the presents do authorize you. at such time and place as you May appoint to Call before you, and Examine Luke Hurst and Donald McLeod, as witnesses in the above stated case, now pending, and at issue in our {Probate Court at Abbeville in Henry County, of the state aforesaid, on oath to be by you administered, upon interrogatories attached to this Commission, to take and Certify the depositions of the witnesses and return make to in said Court to be on the third Monday of November Next at Abbeville, under your hand and seal. Witness my hand, this 20th day of October A.D. 1865. M. B. Greene Judge of Probate (Margin note: Notice to Donald McLeod) The State of Alabama } Henry County } To any Sheriff of Said State S. S. Whitehurst, Admn. of J.A.J. Whitehurst deceased vs. the heirs at Law of said deceased you are hereby commanded to summon Donald McLeod to appear before me at the Court House in Abbeville, in said County, on the third Monday of November Nest, to give witness in interrogations on the sale of the lands of said deceased. Herein fail not and have you there and there this Notice with your endorsement hereon. Issued this the 30th day of October 1865, Geo. P. Kincey Commissioner Service accepted and Copy waived this October 31st, 1865 Donald Mc Leod (Margin note: Notice to Luke Hurst) The State of Alabama } S. S. Whitehurst Adm. of J.A.J. Whitehurst, dcsd. HTFF OR(?) Henry County } The heirs at Law of said deceased. Dfts. To Any Sheriff of said State. You are hereby commanded to summon Luke Hurst to appear before me, at the Court House in Abbeville, in said County, on the third Monday of November Next, to give evidence in interrogations on the sale of the land of said deceased, herein fail not, and have you there and there this Notice with your endorsement hereon, according to Law. Issued this the 30th day of October 1865 Geo. P. Kincey Commissioner (Margin note: Evidence of witnesses) Evidence of witnesses, sworn and examined, under and by the virtue of a Commission issued out of the Probate Court of Alabama for Henry County, in a Certain Cause, therein depending, wherein S. S. Whitehurst, Administrator of J. A. J. Whitehurst, deceased, is Plaintiff, and The heirs at Law of said deceased are defendants. Luke Hurst, a witness in the Case being sworn to speak the truth, the whole truth and Nothing but the truth, deposes and says' 1st To the first Interrogatory, he says " I am acquainted with the lands of the deceased." 2nd " " 2nd Interrogatory, he says, " I am acquainted with the heirs of said deceased, but do not recollect all their names, don't think any of them are twenty one years of age. 3rd To the third Interrogatory, he says " I think the personal property is not Sufficient to pay the debts of said deceased. 4th To the fourth Interrogatory, he says, " I do not know anything more that Can benefit the Application. Luke Hurst Donald Mc Leod, a witness in this Case, being sworn to speak the truth, the whole truth and nothing but the truth deposes and says, 1st To the first Interrogatory he says, I am not acquainted with the numbers of said deceased lands but am acquainted with the lands. 2nd To the second Interrogatory he says, "I am acquainted with the heirs of said deceased, they are the same given in the application of the plaintiff. 3rd To the third Interrogatory he says, "I Cannot say, as to the indebtedness of the estate of said deceased. 4th To the fourth Interrogatory he says "I do not know any thing more that can be beneficial to the application. Donald Mc Leod I, the Commissioner in said Commission named, certify that the evidence of the witnesses Luke Hurst and Donald Mc Leod, was taken down under oath and Subscribed by them in my presence on the 20th day of November 1865, at Abbeville, in Henry County, and Witness my hand and Seal this the 20th day of November 1865. Geo. P. Kincey, Commissioner The State of Alabama } Henry County } Court of Probate Special Term November 20th 1865. Upon this day, being the day set to hear and determine the application of S. S. Whitehurst, Administrator of the estate of J.A.J. Whitehurst, deceased, for the sale of the lands of said desd. Came the said S. S. Whitehurst, and moved the Court, to Grant his said application: and it appearing to the Court that Citation herein has been Served upon Mrs. Ally Adams Custodian of Mary Whitehurst an Minor heir of said deceased, and upon Wm. E Bradly Guardian ad litem for Rebecca, Mary, Caladonia, Martha J., John, Richard and Sue Whitehurst, Minor heirs of said deceased, at least ten days before this day, and that Notice has been given, by posting Notice at the Court House door, and three other public places in said County for three Successive weeks before this day, and the allegations of said application being sufficiently proved by the testimony of disinterested persons taken upon interrogations, and No objections being made. It is ordered that said administrator may sell said lands after giving Notice of the time and place of sale by posting Notice at the Court House door and three other public places in said County, for thirty successive days at the Court Hose in Abbeville Henry County. upon a credit of twelve (12) months: And that he make due return thereof to this Court, according to Law. M. B. Greene Judge of Probate (Margin note: 1st order on annual settlement) The State of Alabama } Henry County } Court of Probate, In vacation October 20, 1865 This day came S. S. Whitehurst, Administrator of the estate of J.A.J. Whitehurst, deceased, and presented his account an voucher for an annual Settlement, Whereupon it is ordered that the same be filed for inspection of all persons interested: that the third Monday of November Next be set apart as a day for said Settlement, and that Notice thereof be given by posting Notice on the Court House door and three other public places is said County for three successive weeks before said day. It is further ordered that Geo. P. Kincey be, and he is hereby appointed to Guardian ad litem to the minor heirs of said deceased, pendant(?) ti litem(?) and that Notice issue and be served on him accordingly. M. B. Greene Judge of Probate (Margin note: Notice to Guardian ad litem) The State of Alabama } Henry County } To any Sheriff of said State Whereas S. S. Whitehurst Administrator of the estate of J.A.J. Whitehurst, deceased, has this day filed in the Probate Court of said State, his account and voucher for an annual Settlement of said estate and George P. Kincey having been appointed Guardian ad litem for the minor heirs of said decd. pending the same. You are therefore commanded to Notify said Guardian ad litem that the 3rd Monday of November Next is the day set apart for said settlement, and return made according to Law. Witness, my hand, this 20th day of October 1865 M. B. Greene Judge of Probate,. Service accepted and copy waived this 20th day of October 1865 Geo. P. Kincey, Guard. ad litem S. S. Whitehurst, administrator of the Estate of John A. J. Whitehurst, deceased, In account Current with said Estate on Annual Settlement as follows Vizs(?) For Ann. Sale Growing Crop of 1863 $150.00 " Hire of Slave Henry till 25th December 1863 24.00 " Sale personalty(?) 6th day July 1863 2,349.83 " " Cotton same day 324.83 " Hire of Slave Henry for 1864 120.00 " Rent of land " 150.00 " Sale of land & jan(?) 58.12 " Amt. Collected on account 56.71 Total in Confederate Money $3253.49 1 By amt. CS Bond March 24th 1864 $1000.00 2. " " 100.00 3. " " 5.00 4. " " " M. A. Bell, Atty., Feby 24th 1864 75.00 5. " " " B. Whitehurst July 7, 1863 20.46 6. " " " M. Holmes " " " 6.00 7. " " " Donald Mc Leod " 24, 1863 5.00 8. " " " State & County taxes for 1864 10.44 9. " " " John Atkinson July 1863 19.63 10. " " " J. M. Guilford July 24th " 20.93 11. " " " B. Whitehurst April 14th 1864 6.00 12. " " " Y. G. Malone May 5th " 25.00 13. " " " J. M. Malone July 24th 1863 4.00 14. " " " J. N. Lightfoot Aug. 25th " 10.00 15. " " " R. Knight July 24th " 8.85 16. " " " State & County Taxes for " 11.05 17. " " " Judgment, July 9th 1864 70.77 $1416.17 The Administrator begs leave to request that he advertised last fall, that he would rent the lands belonging to said deceased at a certain time and a specified but that no one appeared as a bidder for the same, for the year 1865; and that in said default, he Cultivated said land this year, but he reports that he has made Sufficient improvements on the same in the way of repairs and building fences to pay the rent thereof, and pray, that the Court may so rule upon proof.He further reports, that two slaves of said deceased have been emancipated by the U S Government Seaborn S. Whitehurst The State of Alabama } Henry County } Before me, M. B. Greene, Judge of the Probate Court in and for said County, personally came S. S. Whitehurst, Administrator of the Estate of J.A.J. Whitehurst deceased, who being duly sworn, deposes and says that he foregoing account for an annual Settlement is true and correct; that therein he has charged himself with all the assets of said estate, which have Come into his possession, and that the heirs at Law of said deceased, are the Seven Minor Children of said deceased, Mary, John, Rebecca, Caladonia, Martha J. Lee, and Richard Whitehurst. Sworn to and Signed before me, this October 20th 1865 M. B. Greene Judge of Probate } Seaborn S. Whitehurst The State of Alabama } Henry County } Court of Probate, Special Term November 20th 1865. On this day it being the day set apart for an annual Settlement of the Estate of J.A.J. Whitehurst deceased, Came S. S. Whitehurst, Admin. of said deceased, and asked the Court to audit and allow his accounts and vouchers, heretofore presented; and it appearing to the Court that Notice of said Settlement has been given by posting Notice at the Court House door and three other public places in said County, for three successive weeks before this day, and George L. Kincey, who was heretofore appointed Guardian, ad litem for the Minor heirs of said estate here destitute(?), having had due notice and No objections being filed. It is therefore ordered and decreed that said account as stated be allowed, recorded and filed as such annual Settlement by which it appears that said Administrator received assets of said the sum of Thirty Two Hundred and fifty three and 49/100, in Confederate States money and has laid out and expended , for the use of said estate the sum of Twenty Six Hundred and four & 33/100 dollars and reported & filed in Office Six Hundred and forty nine & 16/100 dollars, Thus leaving in his hands unexpended Nothing. M. B. Greene Judge of Probate It is further ordered that all papers relating to this settlement be received and filed. M. B. Greene Judge of Probate (Margin note: Report Sale land) The State of Alabama } To the Honorable M. B. Greene, Judge of the Probate Henry County } Court, in and for said County The undersigned, Administrator of the Estate of John A. J. Whitehurst deceased reports unto your Honor, that in pursuance of an order from said Court, he proceeded after duly advertising according to Law, and sold at public outcry to the highest bidder, at Abbeville in said County on a Credit of twelve