Estate Records of Samuel McQueen, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/estates/smcqueen2.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: Rae V. Calvert ================================================================================ August 2002 Estate Records for Samuel McQueen Lowndes County, Alabama In Lowndes County Estate Case files: Samuel McQueen -- heirs: widow, Mrs. Elizabeth McQueen of county; J. W. McQueen, over 21 of county, Jacob Julian, husband of Alice J. McQueen, deceased; Mary Ann McQueen, over 21 of county, Rachel Ann McQueen, over 21 of county, Elizabeth McQueen, over 21 of county, Martha McQueen, under 21 of county; hearing in open Court 23 February 1867. Inventory of the Property of Samuel McQueen, Deceased: 420 acres of land and 1 house and lot at Sandy Ridge Virgil, age 38 $ 2,000 Mary, his wife, age 27 2,200 Jack, age 23 2,800 Silvay, age 20 2,300 Clemon, " 20 3,000 Eliza " 14 2,500 Ann, " 16 2,500 Bill, " 10 1,500 Lucy " 9 1,500 Matildy " 3 1,200 Adaline " 7 2,000 Martin " 3 800 Mary " 2 400 Wilson " 1 300 Henry " 4 months Notice appearing in the Lowndes County newspaper: "I will offer for rent on the __ day of December 1867 the house and lot belonging to Samuel McQueen, deceased Estate, at Sandy Ridge, terms made known on day of rent. J. W. McQueen, Executor" On 10 August 1871, the children and heirs-at-law of Samuel McQueen, deceased, named in his Will, filed suit in Lowndes County Chancery Court against Richard H. Cross (as the executor of the will of Samuel McQueen), James Chambers (the only solvent surety on the executor's official bond) and James G. McQueen. The suit sought to enforce a vendor's lien against a tract of land which Samuel McQueen had sold to James G. McQueen on 29 July, 1861, with three promissory notes due on 1 January, 1863, 1 January 1864, and 1 January 1865. After Samuel McQueen died (September, 1863), his Will was admitted to probate and letters testamentary were granted to Richard H. Cross as executor by the Lowndes County Probate Court. The executor then received payment of the notes as they fell due in Confederate treasury notes. The Chancery Court rendered judgment for the children, holding that the executor did not have authority to receive Confederate currency in payment of the notes. The purchaser's notes were re-established with a vendor's lien against the land and the Court ordered the register to ascertain the amount due, giving credit to the executor for the value in U. S. money of the Confederate currency expended for the benefit of the estate. James G. McQueen appealed the decision through Clements & Enochs and Watts & Troy, attorneys. In an opinion by Justice Manning, the appellate court reversed the Chancery Court, holding that the Confederate currency was valid currency "at the time in general circulation as money," and the suit was dismissed with costs adjudged against the children. 58 ALABAMA REPORTS 433 (Dec.term 1876).