Probate Records for Josiah Todd, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/court/probate/jtodd.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: Lorene Vanzant ================================================================================ August 2002 Probate-Will of Josiah Todd, 1856 Minutes of Probate Court Lowndes County Alabama Vol 10 Pages 108--111 [Page 108] January 4th 1856 Zilpha Todd to the matter of the final settlement of Zilpha Todd Executrix of the last will and testament (...) Josiah Todd Josiah Todd, dec'd On the 15 day of March 1855 Mrs Zilpha Todd Executrix as aforesaid filed her account vouchers, evidence and statement fora final settlement in which she had charged herself with all the (...) of said estate, which had come to her (...) and [credited?] herself with all the (...) she is by law entitled to. On said 15th of March 1855 I made an order appointing the 14th day of April 1855 for settlement, and that notice of the filing of the account and of the day set for the settlement be given by publication in the Chronicle a paper published in Hayneville for three successive weeks--The settlement was regularly continued to this day 4th January 1856. Mrs. Zilpha Todd being present and also come Atha Todd, Hardy Todd, John Todd, James Weedon and Marina Todd minor by her guardian and solicitor Rob't Williamson, Esq [who?] [consenting?] then is now appointed to represent said minor in this settlement, he accepting the same--and it now appearing to my satisfaction that notice of the filing of the account and of the day set for the settlement had been given by publication in the Chronicle a paper published in Lowndes County for three successive weeks and there being no exceptions filed or objections made to any item of the account I proceeded to audit examine and (...) [states?] or (...) and (...) and that the same be recorded in the [inventory?] Book. The 2nd clause of the last will of Josiah Todd gives to his wife the said Zilpha Todd "all the household and kithen Furniture to be hers in fee simple, to dispose of as she may think proper, including all the [bureaus?] bed stead [&?] furniture and other furniture in [his house] and that she have three negro slaves, namely Annie, a girl about 22 years, [Robbie?] a negro man aged about 27 years and Bill a negro man aged about 24 years to be in her properties during her natural life or while she remains my widow." The 3rd clause directs that "all the rest of my slaves should be divided among the following children if the same can be done to satisfaction, and if they cannot be diveded equally then to be sold and the money equally divided (...) (...) (...) between Elizabeth Grice, Thomas Todd, Willis Todd Mary Armer, Nancy Grambling, Atha Todd, John Todd, Hardy Todd, Lucinda Todd and Marina Todd." The 4th Clause directs "that all my property of every discription that is not otherwise provided for herein shall be sold and equally divided among all my children, that is to say including the children of my first wife with [those?] my last wife, surviving to my wife Zilpha Todd her dower in the last mentioned division"--I should have mentioned that the 1st clause of said will providing for the payment of his debts, with the money in [hand?] debts due him, and if necessary a sale of personal property. Page 109 January 4th 1856 [From?] a reference to the said accounts as stated I find that said Executrix has received (...) of said extate including the cash in hand, and [amounts?] collected on noters and accounts (...) (...) together with the sale of personal property not (...) (...) (...) , the sum of sixteen hundred and thirty one 67/100 dollars and that she has properly disbursed in the payment of debts, the expenses of the administration [for the sum of seven ?] hundred and eighty five 13/100 dollars--leaving a balance for distribution under the 4th clause of said will of [846.59 ?]. Of this sum Mrs. Zilpha Todd is entitled to the [1/3rd] part viz. [282.19] leaving a balance for distribution among all the children of said testor, in number fifteen giving to each the sum of $37.62--I further find that the sale of the slaves sold for division under the 3rd clause of the will of said decedent amounts to $5612.66 with which sum the said Executrix has (...) (...) her (...)--she was allowed as a proper [credit?] the expenses incurred about the sale of said negros, and the sum of [$171.01]--showing a balance for distribution among the ten (...) (...) in said 4th clause the sum of 5417.85 giving to each of ten heirs $541.78 to which must be added their share of the property sold under the 3rd clause of said will viz. $37.62 making the distributive share of each of those ten $579.40--[whereupon?] it is ordered that [Mrs] Zilpha Todd retain as her "dower" in the said property said under the 4th clause of said will $282.19 ordered adjudged and decreed that L. B. Grice and his wife Elizabeth /s/ recover from Zilpha Todd for the sole and separate use of the wife five hundred and seventy nine 40/100 dollars. (NOTE rjt: /s/ indicates that the word "satisfied" has been written diagonally across the line at that point) Ordered adjudged and decreed that Joseph Armer and his wife Mary recover /s/ for the sole and separate use of the wife from Zilpha Todd five hundred and seventy nine 40/100 dollars Ordered adjudged and decreed that W. W Grambling and his wife Nancy recover for the sole and separate use of the wife from Zilpha Todd five hundred and seventy nine 40/100 dollars Ordered adjudged and decreed that Willis Todd recover from Zilpha Todd /s/ five hundred and seventy nine 40/100 dollars Ordered adjudged and decreed that John Todd recover from Zilpha Todd five hundred and seventy nine 40/100 dollars Ordered adjudged and decreed that Atha Todd recover from Zilpha Todd five /s/ hundred and seventy nine 40/100 dollars Ordered adjudged and decreed that Hardy Todd recover from Zilpha Todd five /s/ hundred and seventy nine 40/100 dollars Ordered adjudged and decreed that James Wedon and his wife Lucinda recover for the sole and separate use of the wife from Zilpha Todd five hundred and seventy nine 40/100 dollars Ordered adjudged and decreed that Marina Todd by her guardian [lines cut off by Xerox] from Zilpha Todd (Rects [or Accts] filed with the vouchers) [sic] [End page 109-the following was written in the left margin) Ordered adjudged and decreed that Thomas Todd recover from Zilpha Todd five /s/ hundred seventy nine 40/100 dollars his distributive (...) [Page 110] [Something lost in transition] January 4th 1856 five hundred seventy nine 40/100 dollars Ordered adjudged and decreed that Willoby Todd recover from Zilpha Todd thirty seven & 62/100 /s/ (37.62) Ordered adjudged and decreed that R. S. Blaylock and his wife Martha recover for the sole and separate use of the wife from Zilpha Todd thirty seven 62/100 dollars /s/ (37.62) Ordered adjudged and decreed that John (N .?.) and his wife Penny recover for the sole and separate use of the wife from Zilpha Todd thirty seven 62/100 dollars /s/ (37.62) Ordered adjudged and decreed that Lewis Todd recover from Zilpha Todd thirty seven 62/100 dollars /s/ (37.62) The children of James Todd dec'd are entitled to their deceased fathers share thirteen in number, giving to each $2.89 (his share It is ordered adjudged and decreed Nancy Todd recover of Zilpha Todd two & 89/100 (age unknown) It is ordered adjudged and decreed that William Todd recover from Zilpha Todd two & 89/100 (age of Wm unknown) It is ordered adjudged and decreed Benj Atkins and his wife Martha recover for the sole and separate use of the wife from Zilpha Todd two & 89/100 It is ordered adjudged and decreed that (B . . ton) Todd recover from Zilpha Todd two & 89/100 (age of (B . . ton) unknown) Ordered adjudged and decreeda that Lewis Todd recover from Zilpha Todd two & 89/100 dollars (age of Lewis unknown) Ordered adjudged and decreeda that Eliza Todd recover from Zilpha Todd two & 89/100 dollars (age of Eliza unknown) Ordered adjudged and decreeda that Harriet Todd recover from Zilpha Todd two & 89/100 dollars (age of Harriet unknown) Ordered adjudged and decreeda that James F. Todd recover from Zilpha Todd two & 89/100 dollars (age of James F. unknown) It is ordered adjudged and decreed that (...) J. Todd recover from Zilpha Todd two & 89/100 (age of ( . .) J. unknown) Ordered adjudged and decreed that Willis Todd recover from Zilpha Todd two & 89/100 dollars (age of Willis unknown) Ordered adjudged and decreed that Margt Todd recover from Zilpha Todd two & 89/100 dollars (age of Margt unknown) Ordered adjudged and decreed that James Todd recover from Zilpha Todd two & 89/100 dollars (age of James unknown) Ordered adjudged and decreed that the children of (Ma . . ta ) (...) dec'd names age and number not known recover from Zilpha Todd two & 89/100 dollars the share of their deceased mother-- The said Zilpha Todd paid into court in satisfaction of this judgement in favor of Lewis Todd $37.62--also in satisfaction of this judgement in favor of Joseph (Na ...) and wife $37.62--also in satisfaction of this judgement in favor of the children of James Todd dec'd viz Nancy Todd and other such judgements for $2.89 making the (gross) sum of $37.62 (...) distributive shares of the said James Todd dec'd-- It is (therefore) (...) that satisfactgion of said judgements be (...) (...) the said Zilpha Todd Executrix [illigible] [Page 111] January 4th 1856 day made a final settlement of her administration oon the estate of said Josiah Todd dec'd as such Ececutrix--I have ordered that on payment and satisfaction of all of the foregoing judgements that she be (...) (...) fully discharged (...) (...) Executrixship [several lines illigible]