Lamar County AlArchives Court.....WEBB, William 1910 ************************************************ 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 http://www.genrecords.net/emailregistry/vols/00016.html#0003775 April 1, 2007, 7:57 pm Source: Lamar County Al Order Bk 20, Pgs 412 - 430 Written: 1910 ESTATE OF WILLIAM WEBB, DECEASED Lamar County Court House Records Room Vernon, Lamar County, Alabama Order Book 20 - Pages 412 - 430 PAGE 412 PETITION TO SELL LAND FOR DIVISION THE STATE OF ALABAMA LAMAR COUNTY In the Probate Court of Lamar County To the Honorable R. L. Bradley, Judge of Said Court Your petitioners, W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, all of whom are over twenty-one years of age and bona fide resident citizens of Marion County, Alabama respectfully shows unto your Honor as follows: 1st That WM WEBB, departed this life in Lamar County, Alabama on the 12th day of Nov. 1881, leaving surviving him his widow, MARTHA E. WEBB, and 10 ten children as follows: BEN H. WEBB, J. C. WEBB, T. V. WEBB, MARTHA J. HARDIN (nee WEBB), MARY M. MINOR (nee WEBB), C. A. WEBB, W. H. WEBB, W. A. WEBB, ROSIE L. E. DUNCAN (nee WEBB) AND ANNIE CANTRELL (nee WEBB). 2nd Your petitioners showeth unto your Honor, that since the death of the said WM WEBB, that MARTHA E. WEBB, his widow, T. V. WEBB, and BEN H. WEBB, two sons and MARTHA J. HARDIN, a daughter have died, and that T. V. WEBB, left surviving him ten children namely ELIZAR YOUNG (nee WEBB), ELLIE WEBB, ELLIOT STANFORD (nee WEBB), ETTIE CLARK (nee WEBB), MICAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLY WEBB, and NORMAN WEBB and that BEN H. WEBB, left surviving him four children namely, WALK WEBB, MAGE WEBB, MARGIE WEBB and DEWEY WEBB, and that the said SARAH J. HARDIN (nee WEBB) left surviving her three children namely W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY(nee HARDIN) 3rd Your petitioners showeth further that the said WM WEBB at the time of his death owned the following lands situated in the said county of Lamar and described as follows: SW ¼ of SW ¼ and SE ¼ of SW ¼ and 15 a (sic) in South side of the NE ¼ of SW ¼, containing 95 acres, all in section 9, Township 12 of Range 14. 4th Your petitioners showeth further that there has never been any administration on the estate of the said WM WEBB and that the above described decended (sic) to those hereinbefore named as children of the said WM WEBB and that the said children are now the joint owners thereof. 5th Your petitioners showeth further that MARY M. MINOR, C. A. WEBB, W. A. WEBB, and ANNIE CANTRELL are each over twenty- PAGE 413 one years of age and resides at Crews, Lamar County, Alabama, W. H. WEBB is over twenty-one years of age and resides at Jasper, Walker County, Alabama, ROSIE L. E. DUNCAN is over twenty-one years of age and resides at Detroit, Lamar County, Alabama, J. C. WEBB is over 21 years of age and his place of residence is unknown, that W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY are each over twenty-one years of age and reside at Guin, Marion County, Alabama, ELIZAR YOUNG and ELLIE WEBB are each over twenty-one years of age and reside at Howe, Okla., ELLOT (sic) STANFORD is over twenty-one years of age and resides at Crews, Lamar County, Ala. ETTIE CLARK is over twenty-one years of age and resides at Crews, Lamar County, Ala. ROMA WEBB, KELLY WEBB, and NORMAN WEBB, are each under the age of twenty-one years and reside at Crews, Lamar County, Alabama and that WALK WEBB, MAGE WEBB, MARGIE WEBB, and DEWEY WEBB are each under twenty-one years and reside somewhere in the state of Okla., their exact place of residence being unknown to your petitioners. 6th Your petitioners showeth further that MARY M MINOR, a daughter, C. A. WEBB, a son, W. H. WEBB, a son, W. A. WEBB, a son, ROSIE L. E. DUNCAN, a daughter, and ANNIE CANTRELL, a daughter of the said WM WEBB are each entitled to a one-tenth part of the above described land and that ELIZAR YOUNG, ETTIE WEBB, ELLOT (sic) STANFORD, ETTIE CLARK, MICAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLY WEBB, and NORMAN WEBB, being ten in number and children of T. V. WEBB, deceased, who was a son of the said WM WEBB are each entitled to a one-tenth part of their deceased father's one-tenth interest in said land, and that WALK WEBB, MAGE WEBB, MARGIE WEBB, and DEWEY WEBB being four in number and children of B. H. WEBB deceased, who was a son of the said WM WEBB, are each entitled to a one-fourth part of their deceased father's one-tenth part of said lands and that W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, being three in number and children of the said MARTHA J. HARDIN, who was a daughter of the said WM WEBB, are PAGE 414 each entitled to a one-third of their deceased mother's one-tenth interest in said land. 7th Your petitioners further alleges that said lands hereinbefore described cannot be equitably divided among said heirs and your petitioners request that said lands be sold for distribution. Wherefore your petitioners pray that your Honorable Court take jurisdiction of the subject matter hereinbefore set out, and that such proceedings, orders, and decrees may be had and made in the premises as many be sufficient to effect such sale for said purposes, according to law. J. O. Milner, Wilson Kelly, Attorneys for Petitioners THE STATE OF ALABAMA - LAMAR COUNTY Personally appeared before me R. L. Bradley, Probate Judge in and for said county, Wilson Kelly, who by me being duly sworn deposes and says from information and belief that the facts, statements, and allegations contained in the foregoing petition to the best of his knowledge are true as therein stated. Wilson Kelly Sworn to and subscribed before me this 9th day of Oct. 1909 R. L. Bradley, Judge of Probate Filed in the office of the Judge of Probate of Lamar County, Ala. March the 31, 1910. R. L. Bradley, Judge of Probate ORDER TO HEAR APPLICATION FOR SALE THE STATE OF ALABAMA - LAMAR COUNTY PROBATE COURT SPECIAL TERM - MARCH THE 31 AD 1910 Present Hon. R. L. Bradley, Judge of Probate This day came W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, by their attorneys, J. C. Milner, and Wilson Kelley, and present to the Court their application in writing, under oath for an order to sale certain property described in said application for the purpose of division and partition between W. L. HARDIN, L. B. HARDIN, NANCY MCKAY, MARY M. MINOR, C. A. WEBB, W. A. WEBB, ANNIE CANTRELL, W. H. WEBB, ROSIE L. E. DUNCAN, J. C. WEBB, ELIZA WEBB, ELLIE WEBB, ELLIOT STANFORD PAGE 415 ETTIE CLARK, MICAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLY WEBB, NORMAN WEBB, WALK WEBB, MAGE WEBB, MARG WEBB, and DEWEY WEBB, joint owners of said property. It is therefore ordered by the Court that S. J. Shields who is deemed a proper person therefore who I not the petitioner or of any kin to petitioners, be appointed Guardian ad litem to protect the interests of the minors, to wit: ROMA WEBB, KELLY WEBB, NORMAN WEBB, WALK WEBB, MAGE WEBB, MARGIE WEBB, and DEWEY WEBB, and that the said Guardian ad litem have notice of his appointment. It is further ordered that the 31 day of May 1910 be set for the hearing of said application. It is further ordered that notice of the nature of and time time (sic) for hearing said application be given by publication over a week for three successive weeks in the Lamar Democrat, a newspaper published in said county, for all persons in interest to appear and contest said application if they think proper. It is further ordered that MARY M. MINOR, C. A. WEBB, W. A. WEBB, ANNIE CANTRELL, W. H. WEBB, ROSIE L. E. DUNCAN, ELLIOTT STANFORD, ETTIE CLARK, MICAEL WEBB, ELMA WEBB, ALMA WEBB and S. J. SHIELDS, guardian ad litem for said minors each have notice of the day set for hearing the application by citations to be personally served upon them ten days before the day set for hearing. This March 31, 1910. R. L. Bradley, Judge of Probate NOTICE OF APPOINTMENT AND ACCEPTANCE OF GUARDIAN AD LITEM THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT - SPECIAL TERM - APRIL THE 16, 1910 To S. J. Shields Take notice that by an order of this Court, this day made and entered you were appointed to act as Guardian ad litem for ROMA WEBB, KELLY WEBB, NORMAN WEBB, MAGE WEBB, MARGIE WEBB, and DEWEY WEBB, Minors, to represent and protect their interest upon the application of W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, to sell certain lands for division among joint owners. Given under my hand this the 16 day of April 1910 R. L. Bradley, Judge of Probate PAGE 416 I hereby accept the appointment of guardian ad litem for ROMA WEBB, KELLY WEBB, NORMAN WEBB, MAGE WEBB, MARGIE WEBB and DEWEY WEBB, minors to represent and protect their interests upon the hearing of the above entitled cause, and do hereby deny all the allegations contained in said application. Witness my hand this the 16th day of April AD 1910. S. J. Shields, Guardian Ad Litem Filed April 16, 1910 R. L. Bradley, Judge of Probate INTERROGATIONS THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT In the matter of the application of W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, to sell lands for division among joint owners in the Probate Court of Lamar County. Interrogations to be propounded to C. A. WEBB, JACK WEEKS, and C. M. WEEKS, each of whom resides in Lamar County, Alabama, and near the lands in question, each of said witnesses is a material witness for the petitioners in said proceedings and their testimony when taken will be offered in behalf of petitioners on the hearing of this cause. Interrogatory 1 - What is your name and age? Where do you reside? Interrogatory 2 - Are you acquainted with W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, the petitioners in this cause? Interrogatory 3 - Are you acquainted with the joint owners of the lands involved in this cause? If you say that you are, give their names and residences as near as you can. Interrogatory 4 - Are you acquainted with the following lands: The SW ¼ of SW ¼ and SE ¼ of SW ¼ and 15 a in South Side of NE ¼ of SW ¼ of Sec 9, Tp. 12 of Range 14, in Lamar County, Ala? If you state that you are acquainted with said lands state whom it belongs as near as you can. Interrogatory 5 - Can the land described in said petition be equally divided among the said joint PAGE 417 owners without a sale? Interrogatory 6 - Please state anything else that you know about in regard to this matter that would be of interest to any of the parties to this action fully. J. C. Milner & Wilson Kelley Attorneys for Petitioners To MARY M. MINOR, C. A. WEBB, W. A. WEBB, ANNIE CANTRELL, W. H. WEBB, ROSIE L. E. DUNCAN, J. C. WEBB, ELIZAR YOUNG, ELLIE WEBB, ELLOT STANFORD, ETTIE CLARK, MICAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLEY WEBB, NORMAN WEBB, WALK WEBB, MAGE WEBB, MARGIE WEBB, and DEWEY WEBB. You and each of you take notice at interrogatories have been filed in the office of said Court in the above cause in behalf of W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, take propounded to C. A. WEBB, JACK WEEKS, and C. M. WEEKS and each of them as witnesses, the answers to which will be used as evidence in the above stated cause. Said interrogatories will remain on file ten days after service of this notice upon you during which time you can file cross interrogatories if you see proper. Witness my hand this 31 day of March 1910 R. L. Bradley, Judge of Probate Filed in the office of the Judge of Probate, Lamar County, Ala., March 31, 1910 R. L. Bradley, Judge of Probate ORDER ON FILING INTERROGATIONS THE STATE OF ALABAMA, LAMAR COUNTY Probate County, Special Term - March 3 AD 1910 In the matter of the petition of W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY to sell certain lands for division among joint owners: The above named petitioners having through their attorneys J. C. Milner and Wilson Kelley, filed interrogatories to be propounded to C. A. WEBB, JACK WEEKS, and C. M. WEEKS whose evidence will be used in support of said petition. It is ordered by the Court that said Interrogatories PAGE 418 be filed and recorded. It is further ordered that MARY M. MINOR, C. A. WEBB, W. A. WEBB, ANNIE CANTRELL, ELLIOTT STANFORD, MICAEL WEBB, ELMA WEBB, ALMA WEBB, AND S. J. SHIELDS, Guardian ad litem for ROMA WEBB, KELLY WEBB, NORMAN WEBB, WALK WEBB, MAGE WEBB, MARGIE WEBB and DEWEY WEBB each have notice of the filing of said interrogations by notice personally served on them at least ten days before issuing a communication to take said deposition. It is further ordered by the Court that notice of the filing of said interrogatories be given W. H. WEBB, J. C. WEBB, ELIZA YOUNG, ELLIE WEBB, and ETTIE CLARK by mailing each of them notice of the filing of said interrogatories, addressed to their respective post offices at once. Given under my hand at office the 31 day of March 1910. R. L. Bradley, Judge of Probate COMMISSION TO TAKE DEPOSITION THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT To WALTER MADDOX Know ye, that I having full faith in your prudence and competence, have appointed you Commissioner, and by these present do authorize you at such time and place as you may appoint to call before you and examine C. A. WEBB, JACK WEEKS, and C. M. WEEKS as witnessed in the behalf of the petitioners in a cause pending in our Probate Court of Lamar County wherein W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY are Plaintiffs and the heirs of the estate of WM WEBB, deceased, are defendants on oath to be by you administered upon interrogatories annexed to this commission, to take and certify the deposition of the witnesses and return the same to our Court to be held on Tuesday May 31, 1910 under your hand and seal. Witness this 26 day of May 1910 R. L. Bradley, Judge of Probate PAGE 419 DEPOSITION OF J. J. WEEKS THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT JUNE 13, 1910 In the matter of the petition of W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY DEPOSITION OF J. J. WEEKS By virtue of the Commission hereto annexed, issued by the Judge of Probate of Lamar County, Alabama, in the matter of said petition, Walter Maddox, the Commissioner therein named have called and caused to come before me the said J. J. WEEKS, the witness named in said commission on the 13 day of June 1910, at GUY REDDEN'S office in Sulligent, Ala. and having first sworn the said witness to speak the truth, the whole truth, and nothing but the truth, J. J. WEEKS, the said witness, deposeth and saith as follows: To the first Int. he sayeth: My name is J. J. WEEKS, age fourty-eight (sic) years old. To the Second Int. he sayeth: Yes. I am well acquainted with the parties mentioned in this case. To the Third Int. the sayeth: Yes, I think I am very well acquainted with all of the joint owners of the said lands and there names and residences are as follows: Mrs. M. M. MINOR, C. A. WEBB, and Mrs. ANNIE E. CANTRELL, all reside on RFD #1, Crews, Ala. W. H. WEBB, W. A. WEBB, Jasper, Ala., MICHEL WEBB, ELI WEBB, and ELIZA YOUNG reside at Howe, Okla. Mrs. ELLIOTT STANFORD, ETTIE CLARK, ELMA WEBB, ROMA WEBB, KELLEY WEBB, and NORMAN WEBB of Crews RFD #1. WALKER WEBB, MAGGIE WEBB, MARGIE WEBB, and DEWEY WEBB, all of Stigler, Okla., J. C. WEBB, residence unknown. ROSIE DUNCAN, Sulligent RFD #4. To the Fourth Int. he sayeth: I am acquainted with the said lands but cannot be positive as to the numbers but believe the numbers mentioned describe said lands, the SW ¼ of SW ¼ and SE ¼ of SW ¼ and 15 a in south side of N E ¼ of SW ¼ of Sec 9 T 12 of Range 14 in Lamar Co., Ala all belongs to said heirs. To the fifth Int. he sayeth: No, the said land can not be equally divided without a sale. To the sixth Int. he sayeth: There is nothing else I PAGE 420 know of that would be of interest to the parties. I, Walter Maddox, the Commissioner named in the annexed Commission do hereby certify that the foregoing testimony and answer taken down in writing by me as said Commissioner is in the words of the witness, J. J. WEEKS, were read over to him, that he assented, swore to and subscribed the same in my presence at the time and place herein mentioned; that I have personal knowledge of the personal identity of said witness, or had proof made before and of the identity of said witness, that I am not of counsel or of kin to any of the parties, to said cause, or in any manner interested in the result thereof and I enclose the said deposition, together with said Commissioner and Interrogatories, Direct and Cross, to the office of the Judge of Probate whence the same emanated. Given under my hand and seal this 13 day of June 1910. Walter Maddox (LS), Commissioner DEPOSITION OF C. M. WEEKS THE STATE OF ALABAMA LAMAR COUNTY PROBATE COURT - JUNE 13, 1910 In the Matter of the Petition of W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY DEPOSITION OF C. M. WEEKS By virtue of the Commission hereto annexed issued by the Judge of probate of Lamar County, Alabama in the matter of said petition, I, the Commissioner therein named, have called and caused to come before me the said C. M. WEEKS, the witness named in said commission, on the 13 day of June 1910, at GUY REDDEN'S office in Sulligent, Ala and having first sworn the said witness to speak the truth, the whole truth, and nothing but the truth, C. M. WEEKS, the said witness, deposed and saith as follows: To the first Int. he sayeth: My name is C. M. WEEKS, age fourty-six PAGE 421 To the Second Int. he sayeth: Yes, I am well acquainted with all the parties concerned in this case. To the Third Int. he sayeth: Yes, I am acquainted with all the join owners of the lands mentioned and their names and residences are as follows: MARY M. MINOR, C. A. WEBB, and ANNIE E. CANTRELL, ETTIE CLARK, ELMA WEBB, ELIOTT STANFORD, ROME WEBB, KELLEY WEBB, and NORMAN WEBB all of RFD Crews, Ala. W. A. WEBB and W. H. WEBB reside at Jasper, Ala. MICHEL WEBB, ELI WEBB and ELIZA YOUNG reside at Howe, Okla. WALK WEBB, MAGGIE WEBB, MARGIE WEBB, and DEWEY WEBB, all reside Stigler, Okla. J. C. WEBB'S residence unknown. ROSIE DUNKIN (sic) residence Sulligent, RFD #4. To the Fourth Int. he sayeth: Yes, I am well acquainted with the said lands and the numbers are as follows: The SW ¼ of SW ¼ and SE ¼ of SW ¼ and 15 a in South Side of N E ¼ of SW ¼ of Sec 9, T 12, of Range 14 in Lamar Co. Ala. all of which belongs to said heirs. To the Fifth Int. he sayeth: No, the lands herein mentioned cannot be equally divided without a sale of same. To the Sixth Int. he sayeth: I know of nothing that would be of interest to the heirs. I, Walter Maddox, the Commissioner named in the annexed commission, do hereby certify that the foregoing testimony and answers taken down in writing by me as said Commissioner in the words of the witness C. M. WEEKS, were read over to hi; that he assented, swore to and subscribed the same in my presence, at the time and place herein mentioned,; that I have personal knowledge of the personal identity of said witness, or had proof made before and of the identity of said witness, that I am not of counsel or of kin to any of the parties to said cause or in any manner interested in the result thereof and I enclose the said deposition, together with said commission and Interrogatories, Direct and Cross, to the office of the Judge of Probate, whence the came emanated. Given under my hand and seal this 13 day of PAGE 422 June 1910. Walter Maddox (RA) Commissioner ORDER OF CONTINUANCE THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT SPECIAL TERM - MAY 31, 1910 In the Matter of the estate of WM WEBB, Deceased This being the day heretofore set by the Court to her the application of W. L. HARDIN, et al, to sell certain lands therein described for division among joint owners thereof; and it appearing to the Court that W. H. WEBB, one of the adult heirs who resides within the state has not had notice as the law directs in such cases. It is ordered by the Court that the further consideration of said application be and the same is hereby continued till the 30 day of July 1910, and that the said W. H. WEBB, have notice of the day to which said hearing was continued by notice personally served on him at least ten days before the day of hearing said application. R. L. Bradley, Judge of Probate ORDER FOR SALE OF REAL ESTATE THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT, SPECIAL TERM - AUGUST 30, AD 1910 In the matter of the application of W. L. HARDIN et al, for sale of real estate for partition Present: The Hon. R. L. Bradley, Judge This being the day to which was continued the hearing of the application of W. L. HARDIN, et al, for an order to sell certain lands hereinafter described for the purpose of an equitable division among the joint owners thereof, to wit: the said W. L. HARDIN, L. B. HARDIN, NANCY MCCAY, MARY M. MINOR, C. A. WEBB, W. A. WEBB, ANNIE CANTRELL, W. H. WEBB, ROSIE L. E. DUNCAN, J. C. WEBB, ELIZA YOUNG, ELLIE WEBB, ELLIOTT STANFORD, ETTIE CLARK, MICAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLY WEBB, NORMAN WEBB, WALK WEBB, MARGE WEBB, MARGIE WEBB, and DEWEY WEBB, said day being not less PAGE 423 than thirty days from the time of making said application. Now comes the said petitioner and moves the Court that said application be granted. And it appearing to the Court that said MARY M. MINOR, C. A. WEBB, ANNIE CANTRELL, W. H. WEBB, ROSIE L. E. DUNCAN, ELLIOTT STANFORD, ETTIE CLARK, ELMA WEBB, ALMA WEBB, adults joint owners, residing in this state have been duly notified of said application, and the day set for hearing he same, by citations served upon them not less than ten days before this day, and that ELIZA YOUNG, ELLIE WEBB, and J. C. WEBB, residing out of the sate, have been duly notified of this application, and the day set for hearing the same by publication of notice to them directed, once a week for three successive weeks in the Lamar Democrat, a newspaper published in said county, and thereby brought into Court, according to law, and S. J. SHIELDS, heretofore appointed Guardian Ad Litem to represent and defend the interest of the said ROMA WEBB, KELLY WEBB, NORMAN WEBB, WALK WEBB, MAGE WEBB, MARGIE WEBB, and DEWEY WEBB, minors, in all matters pertaining to this proceeding, coming now and consenting to serve as said Guardian ad litem, denying the allegations contained in said application and demanding proof of the Court now proceed to hear said application. And it appearing to the satisfaction of the Court from the allegations contained in said petition, and from the depositions of J. J. WEEKS and C. M. WEEKS, disinterested witnesses, taken upon interrogatories and submitted by the said petitioner, which depositions are ordered to be filed of record that the lands mentioned in said application, and described as follows, to wit: The SW ¼ of the SW ¼ and the SE ¼ of the SW ¼ and 15 acres in the South Side of the NE ¼ of the SW ¼ containing 95 acres more or less, all in Section 9, Tp. 12, Range 14 West, cannot be equitably divided or partitioned among the said joint owners and parties in interest, and that a sale thereof is therefore necessary for the purpose of making an equitable distribution; and further, that it would be to the interest PAGE 424 of said minor to sell said property for the purpose of division or partition. It is therefore ordered, adjudged, and decreed by the Court, that the said application be granted, and for the purpose of effecting a sale thereof that J. J. WEEKS be and he is hereby appointed Commissioner to make the sale and that the said J. J. WEEKS as Commissioner is hereby ordered to sell the above described premises on the premises thereof, on the 1 day of November 1910 between the hours of eleven o'clock in the forenoon and four o'clock in the afternoon of said day at public venue, to the highest bidder, upon the following terms, to wit: Fifty Dollars cash balance on time till first day of December 1910, deferred payment to be secured by note with good securities thereon after first having given notice of the day, place and terms of the sale, and a description of the property for three successive weeks in the Lamar Democrat, a newspaper published in said county, and that said J. J.W EEKS, as said Commissioner, make report of said sale to this Court within thirty day s after the same is made. It is further order that said application be recorded. R. L. Bradley, Judge of Probate COMMISSION TO SELL LAND THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT - AUG 30, 1910 To J. J. WEEKS, Greeting: Whereas in and by an order of the Judge of said Court rendered on the 30 day of Aug. 1910, you were appointed Commissioner by said Judge to sell the following described property to wit: The SW ¼ of the SW ¼ and the SE ¼ of the SW ¼ and 15 acres in the South Side of the NE ¼ of the SW ¼ containing 95 acres more or less all in Section 9 Tp 12, Range 14 West. Now, therefore, you are hereby directed, in pursuance of said order and by the statute in such case made and provided after being first duly PAGE 425 sworn, on the farm herewith to sell the above described property tot eh highest bidder at public auction on the premises thereof in this county, for the purpose of making an equitable division and partition between the said joint owners, after giving at least thirty days notice of the time, place, and terms of sale, together with a description of said property by advertisement for three successive weeks in the Lamar Democrat, a newspaper published in this County. And you are hereby further directed to make return to said Court in writing, under oath, of your proceedings in the behalf within thirty days after said sale. You are further directed to retain the proceeds of said sale until such sale shall be duly confirmed and until the further order of this Court. Witness my hand this 30 day of Aug. 1910. R. L. Bradley, Judge of Probate Issued Aug 30, 1910 R. L. Bradley, Judge of Probate COMMISSIONERS RETURN OF SALE THE STATE OF ALABAMA, LAMAR COUNTY PROBATE COURT To the Hon. R. L. Bradley, Judge of Probate The undersigned, the Commissioner heretofore appointed by your Honor to sell certain property which is particularly set forth and described in the Commission which was issued to the undersigned by Your Honor, on the 30th day of August, 1910, and which Commission is hereto annexed and referred to as a part of this report, respectfully reports and represents unto your honor that in pursuance of and in strict accordance with the directions of said Commission and the statue in such case s made and provided, he did, after having been first duly sworn on the first day of November 1910, at 12 o'clock M, sell at public auction at on (sic) the premises hereinafter described in this County the property described in such Commission to B. T. AKINS PAGE 426 and W. C. MINOR, as shown by the attached sheet to wit: B. T. AKINS purchased all the land described in said Commission except eleven (ii) acres off of the north side of the SW ¼ of the SW ¼ of Section 9, Township 12, Range 14 West for four hundred and ten dollars, W. C. MINOR purchased eleven (11) acres off of the north side of the SW ¼ of the SW ¼ of Section 9, Township 12, Range 14 West, at and for the sum of sixty and 75/100 ($60.75), who were the highest and best bidders for the same, for the sum of Four Hundred and Seventy and 75/100 ($470.75) Dollars that being the highest amount bid at said sale; that said sale was in all respects fairly made conducted and concluded; that said property sold for an amount equal to its value, and that such purchasers have complied with the terms of said sale by paying the full amount of the purchase money as held in the hands of the undersigned as directed by said Commission. And your said Commissioner having fully complied with the direction of said Commission beg come to submit the foregoing to the judgment and further order of Your Honor as the report of his action in the premises, and asks that said sell may be confirmed, and that said proceeds of sale after deducting his Commissions and expenses may be paid over to Your Honor to be divided according to law. The undersigned prays that he may have the legal allowance made to him for his services in the premises. J. J. WEEKS, Commissioner Sworn to and subscribed before me this December 3, 1910. Filed Dec the 3, 1911 R. L. Bradley, Judge of Probate PAGE 427 DECREE CONFIRMING SALE STATE OF ALABAMA LAMAR COUNTY PROBATE COURT - SPECIAL TERM DEC 14, 1910 In the matter of the application of W. L. HARDIN, for the sale of certain real estate for distribution. More than ten days since, came J. J. WEEKS, who by a decree of this Court, made and entered on the 30 day of August 1910 was appointed Commissioner to sell certain real estate accurately described in said decree for distribution among MARY M. MINOR, C. A. WEBB, W. H. WEBB, W. A. WEBB, ROSIE L. E. DUNCAN, ANNIE CANTRELL. ELIZA YOUNG, ELLIE WEBB, ELLIOTT STANFORD, ETTIE CLARK, MICAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLEY WEBB, NORMAN WEBB, WALK WEBB, MAGE WEBB, MARGIE WEBB, DEWEY WEBB, W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY, who are the joint owners or tenants in common thereof, and filed his report in writing and under oath, setting forth among other things that on the first day of Nov. 1910, in pursuance of law, and in strict compliance with all and singular the terms and requirements of said decrees of this Court, he sold said real estate, and that B. T. AKINS became the purchaser of all the land described, in said petition except eleven acres off the North side of the SW ¼ of the SW ¼ of Sec. 9, T 12, R 14, for the sum of Four Hundred and Ten Dollars, and that W. C. MINOR became the purchaser of eleven (11) acres off the North side of the SW ¼ of the SW ¼ of Sec 9, T 12, R 14 for Sixty and 75/100 Dollars, and it appearing to the satisfaction of the Court from said report and from the evidence now therewith submitted, that said sale was fairly conducted, and that said real estate sold for an amount not greatly less than its real value; that the part of the purchase money which was required to be paid in cash by said decree has been paid, and that the balance of said purchase money has now been paid in full. It is ordered that said sale be and the same hereby confirmed. It is further ordered that said report and all other papers relating to this proceeding be recorded PAGE 428 It is further ordered that proper conveyance be made by the said Commissioner to the said B. T. AKINS and W. C. MINOR, the purchasers of said real estate, conveying to them all the right, title and interest of the said real estate, and said Commissioner, having paid over to the Judge of this Court the money received by him for said real estate (which amount to Four Hundred and Seventy and 75/100 Dollars less the costs and expenses attending the sale, which amount to One Hundred Four and 45/100 ($104.45) Dollars, including his Commissions, leaving Three Hundred Sixty-Five and 56/100 ($365.56) Dollars as the net proceeds of the sale for distribution among the said parties in interest according to their several rights. And now one motion of said applicant or petitioner the Court proceeds to make distributions of said last named sum as follows: It is ordered, adjudged, and decreed by the Court that J. C. WEBB, MARY C. MINOR, C. A. WEBB, W. H. WEBB, W. A. WEBB, ROSIE L. E. DUNCAN, and ANNIE CANTRELL each receives of the distribution $34.40. It is ordered, adjudged, and decreed by the Court that ELIZA YOUNG, ELLIE WEBB, ELLIOTT STANFORD, ETTIE CLARK, MICHAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLEY WEBB, NORMAN WEBB, each receive of this distribution $3.44. It is ordered, adjudged, and decreed by the Court that WALK WEBB, MAGE WEBB, and DEWEY WEBB, and MARGIE WEBB each receive of this distribution $8.60. It is ordered, adjudged, and decreed by the Court that W. L. HARDIN, L. B. HARDIN, and NANCY MCKAY each receive of this distribution $11.47. R. L. BRADLEY, Judge of Probate Issued Dec 24, 1910 R. L. Bradley, Judge of Probate NOTE: Written in side margin: J. C. WEBB, MARY M. MINOR, C. A. WEBB, W. H. WEBB, W. A. WEBB, ROSIE L. E. DUNCAN, and ANNIE CANTRELL, each $34.40. ELIZA YOUNG, ELLIE WEBB, ELLIOTT STANFORD, ETTIE CLARK, MICHAEL WEBB, ELMA WEBB, ALMA WEBB, ROMA WEBB, KELLEY WEBB, NORMAN WEBB, each $3.44. WALK WEBB, MAGE WEBB, DEWEY WEBB, MARGIE WEBB each $8.60. W. L. HARDIN, L. B. HARDIN, NANCY MCKAY each $11.47. PAGE 429 RECEIPT FILED AS INDICATED FROM JOINT OWNERS J. C. WEBB, last heard of at Oxford, Miss about 23 years ago. Left only two children. C. A. WEBB, over 21 years, PO Eldridge, Ala, Rt. 1 and M. M. WEBB, over 21 years, PO Crews Depot, Rt. 1. MARY M. MINOR Paid Feb 2, 1911 By check No 352 on Bank of Sulligent 34.40 C. A. WEBB Paid Feb 2, 1911 By check No 353 on Bank of Sulligent 34.40 W. H. WEBB Paid Feb 2, 1911 By check No 354 on Bank of Sulligent 34.40 W. A. WEBB Paid Feb 2, 1911 By Check No 355 on Bank of Sulligent 34.40 ROSIE L. E. DUNCAN Paid Feb 2, 1911 By check No. 350 on Bank of Sulligent 34.40 ANNIE CANTRELL Paid Feb 2, 1911 By check No. 357 on Bank of Sulligent 34.40 ELIZA YOUNG Paid Aug 22, 1911 By check No. 510 on Bank of Sulligent 3.44 ELLIE WEBB Paid Aug 22, 1911 By check No. 511 on Bank of Sulligent 3.44 ELLIOTT STANFORD Paid Feb 2, 1911 By check No. 358 on Bank of Sulligent 3.44 ETTIE CLARK Paid Feb 2, 1911 By check No. 359 on Bank of Sulligent 3.44 MICHAEL WEBB Paid Aug 22, 1911 By check No. 512 on Bank of Sulligent 3.44 ELMA WEBB Paid Feb 2, 1911 By check No. 360 on Bank of Sulligent 3.44 ALMA WEBB Paid Feb 2, 1911 By check No. 361 on Bank of Sulligent 3.44 ROMA WEBB Paid May 22, 1912 By check No. 149 on Bank of Vernon 3.44 KELLEY WEBB Paid Aug 24, 1914 By check No """ NORMAN WEBB (blank) WALK WEBB Paid Feb 4, 1914 By check No 497 on Bank of Vernon 8.60 MAGE WEBB Paid to J. T. MADDOX, Judge of Probate Dec 10, 1917 8.60 Paid to Mage Webb by Voucher Ck No. 3, Dec 10, 1917, J. T. Maddox, Judge of Probate DEWEY WEBB (blank) MARGIE WEBB paid to J. T. Maddox, Judge of Probate, Dec 10, 1917 8.60 Paid to Margie HOLLEY nee Webb by voucher ck No 4 Dec 4, 1917, J. T. Maddox, Judge of Probate W. L. HARDIN Paid Feb 2, 1911 By check No. 350 on Bank of Sulligent 11.47 L. B. HARDIN Paid July 31, 1911 By cash paid W. L. HARDIN receipt on file 11.47 NANCY MCCAY Paid Feb 2, 1911 By check NO 351 on Bank of Sulligent 11.47 Aug 24, 1914 - Received of R. L. Bradley $3.44 my distributive share of the estate of WM WEBB deceased which amount was paid in to Court by J. J. WEEKS the Commissioner who sold said land for division among the joint owners. I am no over 21 years of age this Aug the 24, 1914. KELLIE WEBB (signature) Received of R. L. Bradley $3.44, my share of the estate of WM. WEBB deceased. I am now over 21 years of age. NORMAN WEBB (signature) PAGE 430 Received of R. L. Bradley by check No. 493 $8.60 for DEWEY WEBB in payment of his distributive share of the estate of WM WEBB, deceased and I have this day mailed him voucher check No. 138 in full payment of said decree. This July 12, 1921 J. T. Maddox, Judge of Probate File at: http://files.usgwarchives.net/al/lamar/court/webb193gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 35.8 Kb