Probate Records of Mathew M. Shanks, Lowndes Co., AL http://files.usgwarchives.net/al/lowndes/court/probate/mmshanks.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: Susan Riggs ================================================================================ February 1998 Estate Papers of Mathew M. Shanks, Lowndes Co., AL State of Alabama Butler County, W.A. Shanks et al vs. Iva Adams et al in the Probate Court of Lowndes County, Alabama. Depositions of F.M. Rogers and H.J. Goodwin By virtue of the commission hereto annexed, issued from the office of the Judge of Probate of Lowndes County, Ala., I the commissioner therein named have called and caused to come before me at the office of ___in Greenville Butler County, Alabama, on this the 25th day of March, 1898, the witnesses named in said commission and having duly cautioned and sworn the said witnesses to speak the truth, the whole truth, and northing but the truth, the said witnesses depose and say as follows: F.M. Rogers one of the said witnesses having been duly sworn to speak the truth, the whole turth, and nothing but the truth doth depose and say as follows: I know the heirs of Mathew Shanks, deceased. They are Fannie Bryson, Robt. Shanks, Jimmie Shanks, Ermine Walker, Maggie Guesst, Clarence Adams, J.A. Adams, Iva Adams, Mady Adams, Carrie Adams, Bessie Adams, Beulah Adams, Birdie Adams, Sidney Lewis, Dock Lewis, Fannie Lou Lewis, W.A. Shanks, Claud Sullivan, Oscar Sullivan, Arthur Sullivan, and D.A. Shanks. Fannie Bryson (female) is about 40 years of age, and lives in Butler County near the line of Wilcox and Butler Counties. Robert Shanks (male) and Jimmie Shanks (male) are minors under the age of 14 years, they reside near the line of Butler and Wilcox Counties in Butler County in the custody of their mother Gussie (?????Lizzie????) Shanks. Mrs. Ermine Walker Walker is about 35 years of age and resides in Lowndes county, Ala. Clarence Adams (male) is about 28 years of age and resides in Butler County, Ala. J.A. Adams (male) is over 21 years of age and resides in Butler County, Alabama. Iva Adams (male) and Mady Adams (__) are ___over the age of 14 years and reside in Butler County, Alabama. Carrie Adams (female), Bessie Adams (female) Buland Adams (male) and Birdie Adams are minors under the age of 14 years and reside in Lowndes county, Alabama in the custody of their mother Mrs. Anne Adams. Sidney Lewis (male), Fannie Lou Lewis (female) and Dock Lewis (male) resides (sic) in Butler county Alabama in the custody of their father Hurly Lewis and are minors under the age of 14 years. W.A. Shanks (male) lives in Butler County and is about 55 years of age. Claude Sullivan (male) is about 33 years of age and resides in Lowndes County, Alabama. Oscar Sullivan and Arthur Sullivan (males) are twins, and are 31 years of age, each reside in Lowndes County, Alabama. D.A. Shanks (male) resides in Butler County, alabama is 52 years of age. To the second interogatory he sayeth: I am acquainted with the land described in the petition filed by W.A. Shanks. ___ ___ ___ this cause Mathew Shanks, dcd, seised (sic) and possessed of said lands, he owned said lands at the time of his death. To the best of my recollection he died in the early sixties. The said lands were in the possession of Margurite Shanks wife of Mathew Shanks from the time of the death of Mthew Shanks until the year of 1894. I am well-acquainted with the lands described in the petition in this case, and that it would be utterly impossible to equitably divide said land among the heirs of Mathew Shanks without a sale thereof. To the first cross interogator he sayeth: My name is F.M. Rogers. I live in Butler county and have lived in said County for 40 years. I gave the names and ages of all the parties to this cause in the first direct interogatory. I have known all the petitioners in the cause 15 or 20 years, and have known the minor defendants all their lives. I am not related to any of the parties in this case. I stated the residences of all the parties in this cause in mny first direct interrogatory. To the second cross interrogatory he sayeth: There is 160 acres of land sought to be sold in tis petitioning. And so in Lowndes County Alabama. There is a four room house on the land and was an old house 25 years ago. There is not much timber in the land. The soil is clay with characteristics of prairie. The land is washed and worn very much, but there is some good land. Fannie Bryson (who is the child of R.T. Shanks deceased) is entitled to 1/2 of 1/5 interest. Robert Shanks and Jimmie Shanks (who are the children of C.T. Shanks deceased who is the child of R.T. Shanks deceased) are each entitled to 1/2 of 1/2 of 1/5 interest. Ermine Walker, Maggie Ernest, Clarence Adams, J.A. Adams, Iva Adams, who are the children of Mary C. Adams, deceased, are each entitled to 1/7 of 1/5 interest. Mady, Carrie, Bessie, Buland and Birdie Adams who are the children of Vincen Adams deceased who was the child of Mary C. Adams deceased are each entitled to 1/5 of 1/7 of 1/5 interest. Sidney, Fannie Lou, and Dock Lewis who are the children of Virginia Lewis deceased who was the child of Mary C. Adams deceased are each entitled 1/3 of 1/7 of 1/5 interest. W.A. Shanks is entitled to 1/5 interest in the said lands. Claude, Oscar, and Authur Sullivan, who are the children of Henrietta Sullivan deceased are each entitled 1/3 of 1/5 interest. D.A. Shanks is entitled to 1/5 interest of said lands. The children of Mathew Shanks were 5 in number. Three of these namely R.T. Shanks, Mary C. Adams, and Henrietta Sullivan are dead. Two of them namely W.A. and D.A. Shanks are living. W.A. and D.A. Shanks together with the heirs of R.T. Shanks, Mary C. Adams, and Henrietta Sullivan above named are the present owners of the lands described in the petition. There can be no equitable division of lands without a sale thereof. Some parts of the lands are more valuable than other parts, some of the parties are entitled to 1/5 of it, some to a 1/15, some to a 1/175, and some to 1/105 and etc. And I don’t think any court or any body of commissioners would be equal to the task of making an equitable division of the said lands. It would be to the interest of all the parties to have the said land sold. It would be to the interest of the said minors to sell the said lands in this proceding. To the third cross interrogatory he sayeth: The parties of this cuase own said lands by virtue of the fact that they are the only living heirs of Mthew Shanks. I should say they are tenants in common. F.M. Rogers. H.J. Goodwin one of the said witnesses being duly sworn and deposed and sayeth the following: I have had the answers to the first interrogatory which were made by F.M. Rogers in this case read over to me, and I hereby state that they are each of them are correct to the best of my knowledge and information and belief. I know all the parties therein named and know that they are all the living heirs of mathew Shanks, and that their names ages and sexes and places of residence are correctly stated. To the second interrogatory he says: I am acquainted with the lands about which this petition was filed. I knew Mathew Shanks. I know of my own knowledge that Mathew Shanks was seised and possessed of said lands in 1850 claiming them as his own. I was living within a half mile of him in the year of 1850 and continued to live there up until the time of his death, which occured in 1862 or 1863, he owned said lands at the time of his death. His wife Margurite Shanks retained possession and control of the said lands from the time of the death of Mathew Shanks until the year 1894. Margurite Shanks to the best of my recollection died in the year 1894. The said lands described in the petition filed by W.A. Shanks et al in this cause cannot be equitably divided among the heirs of the said Mathew Shanks without a sale thereof. To the first cross interrogatory he says: My name is H.J. Gordon and I have lived in Butler County Alabama 12 years. I am 53 years old. I have known all the parties of this cause except W.A. shanks all their lives. W.A. Shanks is older than I am. I am a nephew of Mathew Shanks. To the second cross interogatory he says: The lands sought to be sold are known as the Mathew Shanks place, it was Mathew Shanks homestead. It is in beat 8 of Lowndes County Alabama, and about 12 miels west of Fort Deposit. There are 160 acres. I have not been on the land in two or three years, but when I knew it there was about 60 acres under cultivation. Mather and Margurite Shanks had 5 children, 2 of them are now living, they are W.A. and d.a. Shanks each of whom owns 1/5 interest in said lands. Three of them namely R.T. Shanks, Mary C.Adams, and Henrietta Sullivan are dead. R.T. Shanks left 2 children namely Fanny Bryson who owns 1/2 of 1/5 interest in the said lands and C.T. Shanks deceased whose children Robert and Jimmie Shanks each own 1/2 of 1/2 of 1/5 interest in said land. Mary C. Adams had seven children. 5 of these namely Ermine (this might be Emmie??) Walker, Maggie Ernest, Clarence Adams, J.A. Adams, and Iva Adams are now living, and each own 1/7 of 1/5 interest in said land. 2 of Mary C. Adams children are dead namely Vincie Adams and Virginia Lewis. the heirs of Vincie Adams are Mady, Carrie, Bessie, buland, and Birdie Adams who each own 1/5 of 1/7 of 1/5 interest. Virginia Lewis left 3 children Sydney, Fannie Lou, and Dock Lewis each of whom owns 1/3 of 1/7 of 1/5 interest in said land. Henrietta Sullivan left 3 children namely Claud, Oscar, and Arthur Sullivan who each own 1/3 of 1/5 interest in the said land. The shape the land lies in and the difference in the different parts of this land and the number of the heirs, and the difference in their interest render it impossible to make an equitable division of same. The condition it is in it would be impossible to rent it to the advantage of any of the heirs, and nobody takes any interest in it as it stands and the place is going to rack. It would be to the interest of the minors and all the other parties to sell the said lands in this proceding. To the third cross interogatory he says: The parties to this cause own this land as heirs of Mathew Shanks, I should say they are tenants in common. H.J. Gordon