Jefferson County AlArchives Court.....Ware, Ruth September 18, 1869 ************************************************ 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: Lanelle Hanke lhbham@yahoo.com June 1, 2005, 2:27 pm Source: Jefferson Co Al Probate Records Written: September 18, 1869 PETITION TO SELL PERSONAL PROPERTY (Handwritten, badly at times) -------------- (outside of document) Ruth Ware dec'd Estate of ---- Petition to sell person- al property Filed Sept 18th 1869 Jno C. Morrow Judge of Probate "E" ---------------------------------------------------- ---------------------------------------------------- The State of Alabama ) To the Hon. Jno. C. Morrow Jefferson County ) Judge of Probate for sd County The petition of W. C. Ewbank adm'r of the estate of Ruth Ware dec'd. respectfully showeth unto your Honor that said estate is possessed of the following personal property to wit: 1 (pided?) cow, one brindle cow & calf, 1 red & white spotted steer, 1 yoke oxen, 1 cow & calf, a lot of hogs -- household & kitchen furniture & other articles -- all of which are set forth in his inventory & appraise bill herewith filed (& which he asks may be recieved & taken as a part of this petition --- which said property is of a perishable nature & liable to (waste?) in this ---that said cattle are liable to die of neglect or stray & said other property is liable to be injured for the want of (s-?-ing)& other attention & is also liable to be scattered & lost & is also liable to be damaged by (time altho?) due attention be given to it-- In consideration of which petitioner alledges[sic]that it is manifest that it will be beneficial to the interests of said estate to have it sold as early as practicable. Wherefore petitioner prays for your Honor to grant him an order to sell all of the personal property as aforesaid of said estate on the premises of deceased at as early a day as practicable & is of the opinion that it will be best to sell the same on a credit of 12 months with interest except sums under 10$ & less for cash. Sworn to & subscribed before ) me 18th day of Sept. 1869 ) W. C. Ewbank Jno C. Morrow ) Judge of Probate ) --------------------------------------------------------- -------------------------------------------------------- SALE BILL of the personal property of Mrs. Ruth Ware deceased Sold 16th October 1869. (Organized into groups by transcriber) Kitchen: Dinner pot Robert Owen .25 Oven, lid, and Tea Kettle D. D. Johnson .55 Stew kettle, 2 small skillets Charles Young, freedman .30 Large kettle Jeptha Ware 1.50 Table, 2 buckets, candle molds Robert Owen .40 Tub, 2 small piggins, tray, strainer W. S. Downey .50 Wash pan Robert Owen .25 Stone churn and jug Mrs. Dupey .50 6-gallon jar Jeptha Ware .80 Coffee mill and coffee box T. B. Ayers .20 Jars and half bushel D. Jones .30 Pair of steelyards Daniel Jordan .85 Pair tongs, shovel, pothooks Daniel Jordan 1.05 Crockery ware, bottles, etc. D. Jordan 1.65 Houseware: Loom Samuel Downey 3.25 Clock Samuel Hawkins 6.00 Bureau Jeptha Ware 12.00 Looking glass Daniel Jordan .65 Cupboard Jeptha Ware 10.00 Table Mrs. Dupey .25 6 Windsor chairs Daniel Jordan 1.25 6 Split-bottom chairs Samuel Downey 1.65 Feather Bed, straw trundle, bedstead, 2 pillows, 1 sheet, 1 coverlet M. R. Rockett 28.00 Bedstead, feather bed, straw bed, 2 pillows, 1 sheet and coverlet Lewis Bradford, freedman 30.00 2 Comforters Daniel Jordan 1.55 2 Quilts Daniel Jordan 2.55 Quilt Lewis Bradford 1.45 Sheet Daniel Jordan .55 Coverlet J. C. Morrow 1.25 Coverlet Lewis Bradford 1.75 2 Coverlets Thomas B. Ayers 4.70 2 Counterpanes Jeptha Ware 7.85 Sheet Thomas B. Ayers .80 Farm Equipment: Side saddle Jeptha Ware 11.50 Singletree, 2 plows, grubbing hoe, mouldboard Robert Owen .50 Livestock: Speckle Cow Samuel Hawkins 17.00 Spotted yearling steer W. F. Nabers 5.50 Dun cow and calf Samuel Downey 23.50 Brindle cow and calf D. Jordan 17.75 Yoke of oxen John C. Morrow 79.87-1/2 (cent?) Spotted sow Thomas B. Ayers 4.00 4 Hogs, first choice W. F. Nabers 17.40 3 Hogs, second choice W. F. Nabers 12.00 9 Hogs, last choice Riley Hall 13.50 ______ $329.02-1/2 The State of Alabama ) Personally appeared in open Court Jefferson County ) W. C. Eubank Administrator of the Estate of Ruth Ware deceased who on oath says that the foregoing is a true and correct statement of the account of sales of the personal property belonging to the Estate of Ruth Ware deceased Sworth to and Subscribed before me ) this 29th October 1869 ) W. C. Eubank Jno C. Morrow ) Judge of Probate ) ------------------------------------------------------------------- ------------------------------------------------------------------- PETITION TO VACATE & SET ASIDE SALE OF LAND The State of Alabama ) To the Hon. Jno C. Jefferson County ) Morrow Judge of Probate for sd County William C. Ewbank the administrator de bonis non with the will annexed of George Ware deceased represents unto your Honor that on Monday the 13th day of December 1869 between the hours of 11 o'clock a.m. and 4 o'clock p.m. in pursuance of law in such cases made & in compliance with the terms conditions & requirements of the former order of this Court which was the decree of sale granted and entered in the premises on the (blank) day of (blank) 1869 he proceeded & sold at public outcry in front of the Court house door in Elyton the land set forth & described in said former order & that said land was bid off and purchased at said sale by Samuel Tate & Daniel Hillman for the sum of (2200$) two thousand two hundred dollars. This administrator further reports that sd amt so bid by said parties was the highest & best bid for sd land & that sd sale was in all respects fairly conducted & that in the opinion of petitioner said land sold for a price less than & greatly disproportioned to the real value of the land. Further that said Tate & Hillman have complied with the terms of said sale by executing their promissory note for the amt so bid by them, payable at 12 months from the day of sale bearing interest from date with (blank) as securities -- which security is believed by the undersigned to be good & sufficient. In consideration of the facts above stated & which undersigned is ready to prove at such tiem and in such form and manner as may be required by your Honor, the undersigned respectfully prays that the said sale be vacated & set aside. Respectfully submitted Sworn to & subscribed ) Dec 15th 1869 ) W. C. Ewbank Jno C. Morrow ) Adm'r &c Judge of Probate ) --------------------------------------------------------- --------------------------------------------------------- In the matter of the application of W. C. Eubank as Administrator of George Ware deceased (line) Summon Rufus C. Rockett " Hiram Russell " G. W. Smith " Tal Nabers " A. W. Hawkins " Richard Lacey " W. F. McElroy to appear Monday (unclear) the 20th Instant (line) Executed on all the witnesses to wit Russel R. Rockett (name has an 'H' written before it - heir of Rufus C.?) G. W. Smith A. W. Hawkins Tal Nabers R. Lacey & W. F. McElroy 18th Dec'r 1869 M. A. May Shff By (J?I?) T. Eubank (dept?) ----------- (inside) The State of Alabama ) Probate Court Jefferson County ) December 17th/69 You are hereby Commanded to Summon G. W. Smith & A. W. Hawkins. Rufus C. Rockett. Hiram Russell. Tal Nabers. richard Lacey & W. F. McElroy to be and appear before the Probate Court of said County on the 20th Instant. Then and there to give evidence in a certain matter pending before said Court as to the sale of land belonging to the estate of George Ware deceased. Witness my hand this 17th December 1869. Jno. C. Morrow Judge of Probate Additional Comments: The land was eventually sold to N. E. (female), James, and C. (Chambers) McAdory for $3285.93, and was paid off Feb. 9, 1871. The estate collected monies owed and paid monies due up through 16 March 1871. Then the estate paid the heirs. Also on 16 March 1871, W. C. Eubanks administrator, petitioned the court to convey the land entirely to N. E. McAdory, saying she "offered and purchased on the 11th Jany 1870" all of George Ware's land; that she "gave her promissory note with two sureties payable at 12 mos with interest from day of sale"; and that she had "since paid note full due paid said entire note (3025$) & the interest thereon. 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