Marengo County AlArchives Court.....William C. Thompson June 1854 ************************************************ 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: Darlene Brown swbdpb@earthlink.net March 27, 2004, 10:58 am Source: Court Minute Book ?, Page 332 Written: June 1854 Recorded: June 1854 Estate of William C Thompson, Dec’d Page 332 Probate Court June term 1854 This day came Sarah A Thompson widow of William C Thompson late of Marengo County Dec’d and propounded as for probate and instrument purporting to be the last will of Wm. C Thompson Dec’d. It is therefore ordered by the court that said the probate of said will be set for hearing on the 4th Monday and ___ fifth day of June and that publication thereof be made for 3 successive weeks in the Linden Jeffersonian a newspaper published in said County for Mrs. Rebecca Thomas a nonresident heir of said Dec’d to appear and contest if she think proper and it is further ordered that Erwin E Cade and heirs of said Dec’d be cited to appear and contest if he think proper. J A Young, Judge This was also on the same page but scribbled out: The state of Alabama Marengo County of the probate Court. Probate Court AD 1854 To the honorable James A Young Judge in and for the county aforesaid. Your witness Sarah A Thompson respectfully sheweth unto your honor that on the day of May in the year 1854 William C Thompson Dec’d in said county having first duly published made his last will and testament in writing which is herewith filed in this honorable court for probate. Your petitioner further sheweth that she was the lawful wife of said testator in this lifetime and at the time of his death. That at the time of his death he resides in said county. That his next of kin who survived him are Erwin E Cade and Mrs. Mary Thomas. That said Erwin E Cade resides in said county and is over 21 years of age and that Mrs. Thomas resides in the state of Texas with her lawful husband Frank Thomas and that she and her said husband are both over the age of 21 years. And your petitioner prays that said will be duly admitted to probate as the last will and testament of said Deceased. Sarah A Thompson W M Brooks Page 332 Probate Court June term 1854 Will of Wm C Thompson I William C Thompson of the county of Marengo and state of AL being in feeble health but of sane mind do make, declare and publish this my last will and testament as follows. First after the payment of my just debts and funeral expenses I give and bequeath to the Annual Alabama Conference of the Methodist Episcopal Church South the sum of 4000.00 dollars to be used and expended in such manner as said conference may consider most conducive to said Methodist Episcopal Church South. The said sum of 4000.00 dollars to be paid by my executor herein after named as followed to wit: 1000.00 dollars on the first day of January AD 1856, 1000.00 on the first day of January AD 1857, 1000.00 dollars on the fist day of January AD 1858, 1000.00 dollars the balance due on the first day of January AD 1859. Second I give, devise and bequeath to my beloved wife any land, slaves cash on hand, notes and all of the property real and personal and mixed which I shall die seized and possessed of. And have by constitute and appoint her my sole executor with request that the probate court will not require surety from her in granting her letters testamentary on this my last will and testament. In writing whereof I have hereunto set my hand and seal this first day of May in the year 1854. W C Thompson (Seal) The foregoing last will and testament of the said Wm C Thompson was signed by him in our presence we subscribe our names as witnesses thereto in his presence on the day and year therein mentioned. Wm E Clarke (Seal) F M Prince Probate Court Marengo County held the 26th day of June AD 1854 at the courthouse in Linden. The probate of the foregoing instrument as the last will of William C Thompson Dec’d coming on to be heard this day and William E Clarke one of the subscribing witnesses thereto having duly sworn says that he was called on by said Thompson to prepare his will. That he did so in accordance with his instructions and submitted the foregoing instrument to him as such that it was carefully read over by him and approved by him and was executed by him by signing his name in thereto in his the said Clarkes presence and in the presence of Frank M Prince the other subscribing witness on the day of its date and that he and the said Frank M Prince signed the same as witnesses. At the request of said Thompson and in his presence. Witness further deposes that said Thompson was at the time of executing said will of sane and disposing mind. W E Clarke Upon the foregoing testimony it is ordered by the court that said instrument be admitted to record as the last will and testament of said William C Thompson and that letters testamentary issue to the widow therein named. James A Young, Judge Citation: The state of Alabama Marengo County Estate of Wm C Thompson Probate Court June Term 1854. To any sheriff of the state of Alabama greeting you are hereby commanded to without delay to cite Erwin E Cade if to be found in your county to be and appear before the honorable judge of the probate court as a court to be holden in Linden for the county of Marengo on the 4th Monday of June 1854 and shew cause if any he has why a certain instrument propounded by Mrs. Sarah A Thompson as tha last will of her late husband William C Thompson Dec’d. Herein fail not and have you then and there this citation with you endorsement therein. Witness James A Young judge of said court at office this 3rd day of June 1854 and in the 78th year of the independence of the United States. J A Young Judge Estate of William Thompson Dec’d At this day appeared personally in open court Bartlet Eaves who renewed his application for letters of administration on the estate of Wm Thompson deceased and satisfactory evidence having been produced to the court. That the Elizabeth Thompson being the widow of said deceased has had due notice of the same and is hereon appearing to contest the same and the said Bartlet Eaves having entered into bond in the sum of 1300.00 dollars with Abel Eaves and Jesse B Eaves his secure ties thereon and having taken the oath in open court as required by law as the _administrator. Wherefore it is ordered by the court that letters od administration issue according to the said Bartlet Eaves. It is ordered by the court that Jesse B Eaves, Jason watson, Henry Daniels, Clark Crocker, Joel Lockhart, Lewis Anderson and Archibald Thompson be and they are hereby appointed appraisers of the estate of Wm Thompson deceased and that they or a majority of them make due return of the same according to law. And the court adjourned until tomorrow at 9 O’clock. 1860 – 1864 Minutes Book H Marengo County Alabama Page 34 June 1st 1860 Estate of William C Thompson, Dec’d This day came James L Terrell adm du bonis non with the will annexed of said estate likewise came Foster B Terrell a minor and all the minor children of Jack Thompson by George G Lyon as their guardian ad litem and attorney. Also came the adult children and the representatives of those who are dec’d, of Jack Thompson by ___ Lyon as their attorney. Also came James Thompson by his attorney Lomax Prince and William M Brooks as husband and ___ of his wife Ann A and it appears to the satisfaction of the court that the account of the said adm. for a final settlement of the said estate duly sworn to by him with the vouchers and written evidence in his presence which he ___on to sustain the credit side of his account has been heretofore filed with the judge of this court. Also a list of the legatees of this estate as required by law. That George B Lyon Esq. A competent person to represent the interests of said minors has been appointed by this court and accepted the same. And that on the filing of the said account a day was set for this settlement that legal notice of the same has been given by advertisement for the successive weeks in the Linden Jeffersonian a newspaper published in this court and that this settlement has been regularly continued to the present time. Therefore the court proceeded to examine and audit the said account and it appears to the satisfaction of the courts that the said administrator is properly chargeable with the sum of 3335.83 dollars being all the assets belonging to the said estate. And has filed out on account of the same the sum of 3335._3 dollars. It further appears that the said William C left Sarah A Thompson as the residuary legatee under his will now on file in this office directing a certain legacy of 4000.00 to be first paid that the said legacy to the said Sarah A was received by her during her lifetime. And that there is no other property belonging to the said estate than such as is herein before accounted for. It is therefore ordered, adjudged and decreed by the court that the said account as so stated be passed and allowed as stated as a final settlement of the said estate by the said executor and that the same by accorded as such. It further appears that the said administrator has filed in this court his resignation in writing of his said administration which is ordered to be recorded and it ordered and decreed that the said administrator be discharged from the said administration and from any further liability to be incurred on account there of. 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