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This file was contributed and copyrighted by: Susan Riggs ================================================================================ February 1998 Probate Records of Stephen Adams The State of Alabama, Lowndes County-Probate Court To the Hon. J.V. McDuffie Judge of the Probate Court of said county- Your Petitioner John A. Tyson administrator of the Estate of Stephen Adams decd. respectfully represents that more than eighteen months have elapsed since he was appointed to this court to the administration of said estate and that from the amount and character of the claims presented to him he is satisfied said estate is solvent. Your petitioner further represents that the heirs of said decedent are John Z. Adams, son of the decedent over twenty one years of age residing near Mt. Willing in said county; Martha Nobles, wife of Bethel Nobles over twenty one years of age and resides near Mt. Willing in said county-said Martha is a daughter of said decedent; Mary Estelle Johnson, a minor under fourteen years of age, granddaughter of decedent and daughter of Julia B. Johnson now deceased--said Mary Estelle resides with her father Sml Johnson at Fort Deposit in said county; Jane Boddie, over twenty one years of age, granddaughter of decedent and resides near Greenville Butler County Ala; Missouri Alice Simmons, over fourteen and under twenty one years of age, daughter of Eli Simmons and granddaughter of decedent, residing with her father near Mt. Willing in said county--said Mary Alice and Jane Boddie are the daughters of Mary J. Simmons now deceased who was the daughter of decedent; Theodocia Adams Barganier under fourteen years of age, Stephen Jesse Barganier under fourteen years of age and Nelson Booker Barganier under fourteen years of age, children of Elizabeth Barganier now deceased who was the wife of Andrew A. Barganier and daughter of decedent--said minors now reside with their father near Mt. Willing in said county. Your Petitioner further states that the lands of said estate consist in two parcels or lots described and located as follows, to wit: The south half of section thirty three, the south half of the northwest quarter, the southwest quarter of the north east quarter of section thirty three, six acres from the north east quarter of the northwest quarter of section thirty three, thirty eight acres from the northwest quarter of the north east quarter of section thirty three and the south east quarter of the north east quarter of section thirty three and thirty four acres in the south west quarter of the south west quarter of section twenty eight all in Township Thirteen and Range Fourteen also the north half of section five and the north half of the south west quarter of section five and the east half of the north east quarter of section five in Township Twelve and Range Fourteen, and also the south east quarter of the north east quarter of section thirty three and the south west quarter of the north west quarter of section thirty four in Township Thirteen Range Fourteen, lying situated in the County of Lowndes and near the town of Mt. Willing in said county, and the second lot containing two hundred and fifty acres more or less lying near Fort Deposit in said county, known as the Gararer (?) Place, and more particularly described as being the north west quarter of section thirty two, the south east quarter of the south east quarter of section thirty, the north east quarter of the north east quarter of section thirty one, also sixteen and one half acres lying on the south west corner of section twenty nine running east of the east and west lines of said section thirty four rods to the branch known as the Baldener (?) Spring Branch, all being in Township Twelve and Range Fifteen. Also the following lot, sixty feet off the south side of lot no. two in block no. sixteen as laid off in the map of Fort Deposit as map no. one--a part of block no. two west of the warehouse and lying between Jones and Gilmer Streets, containing four acres more or less--also a certain part or portion of the east half of the south west portion of section twenty nine Township Twelve and Range Fifteen laid off in ___lots by C.P. Rogers and known in the map of Fort Deposit as lots no. 5.7.7.10 and the west half of no. 1. in Block ____also the south west fourth of the south east fourth of section twenty nine Township 12 Range 15 except five acres in the north east corner of said lot of land and supposed to contain about thirty five acres more or less, all of said lots of land are located in and near the town of Fort Deposit in said county and which said parcels of lands are of unequal value and are so situated and of such dimensions respectively they cannot be equitably divided among said heirs. Your petitioner therefore states that he believes that the interests of all persons concerned in said lands will be best promoted by a sale thereof and a distribution of the proceeds among said heirs according to their several rights. Therefore your petitioner prays your Honor to authorize him to sell said lands for one their cash and balancing for the purpose of making a division of said estate among said heirs according to the statutes in such cases made, and that such proceedings orders and ______ may be had and made in the premises as may be sufficient to effect such sale for said purpose according to law. And as in duty bound and sworn to and subscribed before me this Aug 9th 1869. J.V. McDuffie Judge of Probate. Jno A. Tyson Adm 2. State of Alabama, Lowndes County John Z. Adams as Administrator of the estate of Stephen Adams does make the following report to the Hon Probate Judge of said county, of the renting of the lands of said estate for the year 1868, to wit: House & lot in the town of Fort Deposit rented to J.C. Goodson for 53.00 with Thos. Blake & J.H. Garrett as Sureties- about 30 acres east of Railroad to J.A. Prince for 53.00 with N.B. Adams & L. S. Adams as Sureties-- About 65 acres with the settlement on the Mt. Willing road to George Smith for $195.00 with J.M. S____and A.A. Barganier as Sureties about 50 or 60 acres to T. E. Schley for $75.00 with J.L. Schley & M. F_______ as Sureties. about 15 acres to J.H. Renaber (?) for $38.00 with W.N. Clements & Thos. Blake as Sureties. about 200 acres to A.A. Barganier for $150.00 with Geo. Smith & J.M. Barganier as Sureties. House & lot in Fort Deposit & about 20 acres of land to Sml Johnson $99.00 for house & lot with L.S. Norris & S.M. Goldsmith & $16.00 for land with L.S. Norris & S.M. Goldsmith as Sureties--all the ____ _____ are payable not later than Janry 1869 with different installments. all of which is respectfully submitted. John Z. Adams Subscribed to & sworn Janry 6, 1868 James W. Graham Judge of Probate 3. The State of Alabama, Lowndes County, In Probate Court To the Hon J.V. McDuffie Judge of the Probate Court of said county John A. Tyson the administrator of the estate of Stephen Adams deceased respectfully represents to your honor that on Monday the 25th day of October 1869 between the hours of twelve o’clock noon and five o’clock in the afternoon in pursuance of law in such cases and in strict compliance with all the terms conditions and requirements of the former order and decree of this court which was the decree of sale granted and entered in the premises on the day of AD 1869, he proceeded to sell and did sell at public ____ in front of the town of Fort Deposit in said county the land set forth and particularly described in said former order and decree: and that said lands were bid off and purchased at said sale by the following named persons, to wit: the north half of section four, the north half of the south west quarter of section four, the east half of the north east quarter of section five, all in Township Twelve, Range fourteen, containing four hundred and eight acres more or less--the east half of the south east quarter of section thirty two, the south east quarter of the north east quarter of section thirty two, the south half of section thirty three, the south half of north west quarter of section thirty three, the south half of the north east quarter of section thirty three and twenty eight acres off the north west quarter of the north east quarter of section thirty three and six acres off the north east quarter of the north west quarter of section thirty three all in Township Thirteen Range fourteen containing six hundred and thirty four acres more or less lying situated in said county and was purchased by A.A. Barganier at and for the sum of two dollars and five cents per acre amounting in all to the sum of two thousand two hundred and eighty three dollars and seventy one cents. This administrator further reports that said amount so bid by the said A.A. Barganier for said land was the highest and best bid for the same. And administrator further reports that the north west quarter of section thirty two, the north east quarter of the north east quarter of section thirty one, the south east quarter of the south east quarter of section thirty and sixteen and one half acres west of a branch off the south west quarter of the south west quarter of section twenty nine all in Township Twelve and Range fifteen in said county and containing in all two hundred and fifty six and one half acres more or less and bid off and purchased at said sale by William A. Thomas at and for the sum of ten dollars and twenty five cents per acre amounting in all to the sum of two thousand six hundred and twenty nine dollars seventeen and a four acre lot in the town of Fort Deposit and on west of warehouse and bid off at the sum of one hundred fifty five dollars and one half cents, that said sum so bid by the said William A. Thomas for the same was the highest and best bid for said land-- and administrator further reports that the south west quarter of the south east quarter of section twenty nine plus five acres more or less in the north west corner of the same in Township twelve Range fifteen in said county containing thirty five acres more or less was bid off and purchased by N.B. Norris at the sum of fifteen dollars and fifty cents per acre making in all the sum of five hundred and forty two dollars and fifty cents that said amount so bid by the said N.B. Norris for said land was the highest and best bid for the same--and administrator further reports that a certain piece or tract of land lying and being in the county aforementioned and known and described as follows to wit-sixty feet of the south side of lot number two (2) in block number nineteen (19) as laid off in the map of the town of Fort Deposit in said county and known as map number one, said lot was bid off and purchased at and for the sum of ninty (sic) two dollars and fifty cents the same being the highest and best bid and purchased by Patrick Little and Samuel Johnson jointly--that said sale was in all respects fairly conducted and that the land sold for a sum not greatly less or disproportionate to its real value in each instance. Further that said A.A. Barganier, William A. Thomas, N.B. Norris, and Patrick Little and Samuel Johnson have complied with the terms of said sale and purchase by the payment of one half of the purchase money in cash and by giving their several notes dated on the day of said sale and due at twelve months after date with a lien upon the land for the security of one half of the said purchase money which is ______ by your administrator to be good and sufficient. In consideration of the facts stated and which the undersigned is ready to prove at such time and in such manner and form as may be required by your honor, the undersigned respectfully prays that said sales may in all things be confirmed and made good to said purchasers. And as in duty bound. Sworn & subscribed this Oct 27th 1869. J.V. McDuffie Judge of Probate. Jno A. Tyson Adm 4. The State of Alabama Lowndes County. Probate Court Regular Term April 10th 1871. To the Honr J.V. McDuffie, Judge Probate Court, Lowndes County. The undersigned John A. Tyson, Administrator of the Estate of Stephen Adams deceased would respectfully submit to the court the following report of his acts and doings as such administrator from _____ to April 10th 1871 in final settlement of his administration he charges himself as follows, to wit” Date Items of Receipts Amount Nov 1/68 Amount A.A. Barganier note 150.00 “ “ “ “ “ “ “ 16.25 Dec 19/68 “ “ George Smith “ 189.00 Janry 6/69 “ “ Sale 2 bales cotton 220.37 “ “ “ “ Jacob Schley note 75.00 “ “ “ “ J.A. Prince “ 53.72 “ “ “ “ Saml Johnson & others “ 80.00 “ “ “ “ W.R. Hagood & others “ 80.00 Oct 11/69 “ “ George Smith estate note land rent 100.00 “ “ “ “ Sam Strickland note 30.00 “ 17/69 “ “ A.A. Barganier note land rent 200.00 “ “ “ “ W.A. Thomas note land purchase 1392.08 “ 25/69 “ “ N.B. Norris “ purchase lot 271.25 “ “ “ “ Little & Johnson “ “ 46.25 “ “ “ “ Saml Johnson “ “ 76.50 Nov 4/69 “ “ A.A. Barganier “ land 1141.85 “ “ “ “ “ “ on mortgage319.00 “ 6/69 “ “ J. Schley note land rent 69 280.00 “ 20/69 “ “ M.C. Goldsmith “ 59.00 “ “ “ “ N.B. Norris rent house 11.00 “ “ “ “ T.C. Goodson “ 21.00 “ “ “ “ N.B. Norris lots 271.25 Mar 8/70 “ “ D.J. Rives “ 800.00 Apl 13/70 “ “ W.A. Thomas “ 800.00 June 13/70 “ “ D.J. Rives “ 200.00 “ “ “ “ W.A. Thomas “ 500.00 Nov 4/70 “ “ Johnson & Little note 46.25 “ “ “ “ W.A. Thomas “ 94.08 “ “ “ “ A.A. Barganier “ 1141.85 Total amount of moneys received & collected $8663.70 “ “ interest on W.R. Hagood et al 16.00 “ “ amt due on Geo Smith’s note 6.00 “ “ note ___ Clements & Blake 685.70 8723.70