Jackson County AlArchives Court.....Isbell, John W. October 11 1906
************************************************
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:
Karen Groce wgroce@netdoor.com August 17, 2004, 8:21 pm

Source: Will Book 6, Jackson Co., Al
Written: October 11 1906
Recorded: October 11 1906

Will Book 6, page 170-172, Jackson Co., AL:
In the Probate Court Jackson County Alabama.  To the Hon. W.W. MCCUTCHEN Judge 
of Probate for said County:  Your petitioners all of whom are of full age and 
whose places of residence are hereinafter set out, to wit:   JESSE W. ISBELL, 
JESSE W. ISBELL Jr., BENJAMIN ISBELL, PAULINE BROWN, JENNIE BERRY, WILLIAM 
LATHAM, SAMUEL LATHAM, JENNIE BARCLAY, J.M. ALLEN, MILLER ALLEN, VICTORIA 
MCCORMACK, MINERVA BERRY, JOSIE KENNEDY, JAMES DISHEROON, MARGARET SHELTON, 
respectfully shows to the court that the folllowing described land to-wit: A 
tract of land bounded on the northby the lands of JESSE ISBELL, East by the 
lands of J.A. BERRY and FOREST ERWIN, South by the lands of J.A. BERRY, and 
West by the land sof JESSE ISBELL and MIT GENTLE in Sec ____ T 3 R 4 East, in 
said County of Jackson and containing ____ acres more or less, all owned by 
your petitioners and the other persons hereinafter named as tenants, and the 
said land connot be equitably divided or partitioned among said tenants in 
common without a sale thereof.  The names of the several tenants in common with 
their ages and places of residence so far as known by your petitioners are as 
follows to wit:
1.  JESSE W. ISBELL of full age and resides in said county and owns an 
undivided interest in said land.
2.  The heirs at law of MILLER ISBELL, dec'd, all of whom are of full age to-
wit: (1) JESSE W. ISBELL Jr. who resides at Gadsden Ala., (2) PAULINE BROWN of 
full age and resides at Whitener Dekalb County Alabama, (3) JESSIE BERRY [sic] 
of full age and resides at Huntsville Ala., (4) BENJAMIN ISBELL of full age and 
resides at Germantown, Tennessee.  Each of said parties owns an undivided 1/4 
of 1/7 interest in said land.
3.  The Heirs of JANIE MINIX, deceased.  (1) MADORA YANCY, (2) MAGGIE ROAN - 
both reside in Etowah Co. Alabama, (3) JESSIE MINIX, (4) WALTER MINIX - both 
reside in Dekalb Co. Ala.  All of said parties last named are of full age and 
each one of them owns an undivided 1/4 of 1/7 interest in said land.
4.  The heirs of MINERVA LATHAM, deceased.  (1) WILLIAM LATHAM, (2) SAMUEL 
LATHAM, (3) MOLLIE WILLIAMS, (4) JANIE BARCLAY, (5) the heirs of ELIZABETH 
AUSTIN, dec'd, JANIE HALL wife of ____ HALL who is under eighteen years of 
age.  All of said parties reside in Jackson County, Ala. and each one of them 
owns an undivided 1/5 of 1/7 interest in said land.
5.  The heirs of LEVY ISBELL, deceased. (1) JOHN ISBELL, (2) ANNIS BERRY, (3) 
MARGARET FRAZIER, (4) The heirs of SARAH J. THOMPSON, dec'd, MOLLIE THOMPSON, 
ORA THOMPSON, a minor, (5) The heirs of AMANDA LONG, dec'd, MARGARET S.J. LONG, 
a minor, and SAIDA B. LONG, a minor.  All reside in Jackson County, Ala. except 
MOLLIE & ORA THOMPSON who reside somewhere in Tennessee probably near 
Suwanee.   The said JOHN ISBELL, ANNIS BERRY & MARGARET FRAZIER each owns 1/5 
of 1/7 undivided interest in said land.   And the said MOLLIE & ORA THOMPSON & 
MARGARET S.J. and SAIDA B. LONG each owns 1/2 of 1/5 of 1/7 undivided interest 
in said land.
6.  The heirs of MARY ALLEN, dec'd, (1) J.M. ALLEN, (2) MILLER ALLEN, (3) 
VICTORIA MCCORMACK, (4) MANERVA BERRY, (5) The heirs of MARGARET LATURE, dec'd, 
JOHN LATTURE resides at Memphis, Tenn., LOU PRICE resides at _____ Texas, 
MOLLIE CALDWELL resides at Searcy, Ark., JOSIE FULLER resides at Brundage, 
Ark., W.B. LATTURE resides at Brundage, Ark., the heirs of MINERVA WOOD, 
deceased, are two minors children whose ages and places of residence are 
unknown, the heirs of BETTIE ROGERS, dec'd, two minor children who reside at 
Brundage, Ark., and whose names are not known to the petitioners, the heirs of 
JOHN BERRY [sic] who are unknown.
7.  The heirs of LOUVINIA WRIGHT, deceased. (1) MARGARET SHELTON, (2) PARALEE 
ALTTURE resides at Brundridge, Ark., (3) The heirs of SARAH BERRY, deceased, 
and not known, (4) The heirs of J.K.P. WRIGHT, deceased, JOSIE KENNADY, EFFIE 
JENKS resides at Birmingham, Ala., JOHN WRIGHT resides at Birmingham, Ala., (5) 
The heirs of Z.I. WRIGHT, deceased, AMANDA WRIGHT, MOLLIE WRIGHT, both reside 
at Russellville, Ark, (6) The heirs of ELIZA DISHROON, deceased, JAMES 
DISHROON, JOHN DISHROON resides at Mina, Ark., WILLIAM DISHROON, SALLIE PARKER 
resides Jefferson Co., Ala., Mrs. BELL WOOTEN resides Jefferson Co., Ala., Mrs. 
ANN JORDAN resides Jefferson Co., Ala., (7) The heirs of MARY J. DISHROON, 
deceased, LIBBIE MCCORMACK.

The heirs of MARY J. ALLEN, deceased, jointly owns one seventh interest in said 
land that is to say, J.M. ALLEN, MILLER ALLEN, VICTORIA MCCORMACK, & MINERVA 
BERRY each owns 1/6 of 1/7 interest.  The heirs of MARGARET LATHAM [sic], 
dec'd, to wit: JOHN LATTURE, LOU PRICE, MOLLIE CALDWELL, & JOSIE FULLER each 
owns 1/7 of 1/6 of 1/7 interest.  The two minor children of MINERVA WOOD, 
deceased, each owns 1/2 of 1/7 of 1/6 of 1/7 interest.  The two minor children 
of BETTIE ROGERS, deceased, own to-wit - 1/2 of 1/7 of 1/6 of 1/7 interest.  
The heirs of JOHN ALLEN, deceased, who are unknown, own _____.   The said heirs 
of LOUVINIA WRIGHT, dec'd, own jointly 1/7 interest that is to say, MARGARET 
SHELTON, PARALEE LATTURE, each owns 1/7 of 1/7 interest, the heirs of SARAH 
BERRY, deceased, who are unknown own jointly 1/7 of 1/7 interest.  The heirs of 
J.K.P. WRIGHT, deceased, to wit: JOSIE KENNEDY, EFFIE JENKS, and JOHN WRIGHT, 
each owns 1/3 of 1/7 of 1/7 interest.   The heirs of Z.I. WRIGHT, deceased, to 
wit: AMANDA WRIGHT & MOLLIE WRIGHT, each owns 1/2 of 1/7 of 1/7 interest.   The 
heirs of ELIZA DISHROON, dec'd, to wit: JAMES DISHROON, JOHN DISHROON, WILLIAM 
DISHROON, SALLIE PARKER, BETTIE WOOTEN, and ANN JORDAN, each owns 1/6 of 1/7 of 
1/7 interest.  And LIBBIE MCCORMACK, sole heir of MARY J. DISHROON, dec'd, owns 
1/7 of 1/7 interest in said land.   

All said parties are of full age and reside in said county of Jackson except as 
otherwise stated and all are tenants in common of said land and own the 
interest therein as herein stated.  The premises considered your petition prays 
your honor to set a day when this petition and the evidence that may submitted 
in support of the same, that a guardian ad litum be appointed to represent said 
minors, that publication be made as to those who are non-residents of the state 
and that citations issue to be served on those who are residents of the state.  
On the hearing petitioner prays your honor to grant all orders to sell said 
land for the purpose of division among said tenants in common for the reason 
and upon the ground that the same cannot be equitable divided without a sale 
thereof and as in duty bound etc.  
[s] JOHN B. TALLY, Atty. for petitioners
The State of Alabama}
Jackson County}
Probate Court, Oct. 11th 1906.   To W.H. NORWOOD, Scottsboro, Ala., take notice 
that by an order of this court, this day made and entered, you were appointed 
to act as guardian ad litum for ORA THOMPSON and the minor children of 
ELIZABETH [no last name given], to wit: The heirs of AMANDA LONG, deceased, 
whose names are unknown, the heirs of SARAH BERRY, dec'd, who are unknown, 
WILLIAM DISHEROON, minor, to represent and protect their interest upon the 
petition of JESSE W. ISBELL and others to sell the lands described in said 
petition for division among tenants in common.   Given under my hand this 11th 
day of Oct. 1906.  [s] W.W.MCCUTCHEN, Judge of Probate.

Additional Comments:
The people named in this probate record are the children and grandchildren of 
John W. and Sarah (Roden) Isbell.   John was b. 1789 in Tennessee, and died 
sometime after 1870 in Jackson Co., AL.  Sarah was b. 1799 in Georgia, and died 
between 1860 and 1870 in Jackson Co., AL.    They are buried in the Isbell 
Cemetery in Jackson County.  I don't know why the heirs waited so long to sell 
this land.

File at: http://files.usgwarchives.net/al/jackson/court/gwl31isbell.txt

This file has been created by a form at http://www.genrecords.org/alfiles/

File size: 8.4 Kb