Marengo County AlArchives Court.....Priscilla Cade Thompson 1841 ************************************************ 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 30, 2004, 11:18 am Source: Marengo County Al Courthouse Written: 1841 Estate of Priscilla Thompson Dec’d It is ordered by the court that Adolphus Cade administrator of the estate of Priscilla Thompson late of Marengo County deceased file his account current and vouchers for a final settlement of his accounts as administrator aforesaid on the first day of December next and that notice be given in some newspaper of the time appointed for that purpose when all persons interested can attend if they see proper and that citation issue to the said administrator. Page 101 Estate of Priscilla Thompson Dec’d This day came A S or L Cade administrator a_ bonis hon with the will annexed. Priscilla Thompson dec’d and filed in court his accounts and vouchers for final settlement with the court of his accounts as executor aforesaid and tha said amounts after being by the court audited and examined are reported for allowances at a court to be holden at the courthouse in Linden on the 3rd day of January next and it is further ordered by the court that notice be given in some newspaper of the time and place appointed for that purpose when and where all persons interested can attend if they think proper. Estate of Priscilla Thompson Deceased This day came A S or L Cade executor of the said will and testament of William B Cade deceased and filed in court the accounts and vouchers of Wm B Cade as the administrator with the will annexed of the state of Priscilla Thompson Dec’d for a final settlement of his testators accounts as administrator aforesaid. And the said accounts after being by the court audited and examined are reported for allowance as a court to be holden at the courthouse in Linden on the 3rd day of April next and it is further ordered by the court that notice be given in some newspaper of the time and place appointed for that purpose when and where all persons interested can attend if they think proper. Ja’s A Young, Judge Page 155 June 1841 The state of Alabama special orphans court for Marengo county in said state holden at the courthouse in Linden this 21st day of June 1841. The Hon. James A Young, judge of our said county presiding. Estate of Priscilla Thompson Deceased Adolphus Cade having at a former term of this court filed his accounts and vouchers for a final settlement as executor of Wm. B Cade Dec’d executor of Priscilla Thompson Dec’d and said account hereby been examined and reported for allowance whereof publication was made for 40 days that all persons interested might attend said settlement and said cause coming on this day for hearing John W Henly Esq as Amieus Curea comes into court and suggests that Wm B Cade Dec’d the testator of the said Adolphus Cade was not at any time the executor of the said Priscilla Thompson Dec’d but was by the orphans of this county appointed administrator with the will annexed of the goods and ___ which were of the said Priscilla Thompson and that this court has no authority to decree an allowance of said account and the said John W Henley Esq further suggests to the court that the said Adolphus Cade was on the deceased of the said Wm B Cade appointed administrator al bonis non with the will annexed of the estate of said Priscilla Thompson and that he continues to hold the administration of the said estate and the act as executor of Wm B Cade Dec’d at the same time he the said Adolphus Cade cannot lawfully administer said estate and act as executer of Wm B Cade Dec’d at the same time. He the said Adolphus having to account as executor of the said Wm B Cade Dec’d for his administration of the estate of the estate of the said Priscilla Thompson Dec’d and the matters and things ___ as aforesaid being by the court fully considered and on inspection of the records of this vourt being had whereof it appears that the said Wm B Cade Dec’d was not at any time the executor of the said Priscilla Thompson Dec’d but was appointed administrator with the will annexed upon the estate of the said Priscilla Thompson and whereof it further appears that the said Adolphus Cade was on the deceased of the said Wm B Cade appointed administrator debonis non with the will annexed of the said Priscilla Thompson which said administrator has not since been assigned or revoked and that said Adolphus was and is at this day executor of said William B Cade and the court being of opinion that it has no authority to decree the allowance of the account aforesaid and that the said Adolphus Cade can not lawfully administer the estate of Priscilla Thompson and set as executor of Wm B Cade Dec’d for as much as he would be acting as the representative of both estates aforesaid. It is therefore contained, ordered and decreed that the others of administration debonis non with the will annexed upon the goods and ___ which were of Priscilla Thompson Deceased heretofore granted to Adolphus Cade he and the same are here by ___ to be revoked annulled and set aside and motion being made too Thomas Ringgold be appointed ___ and no resistance being made to said motion it is ordered that letters issu to the said Thomas Ringgold upon his complying with the regulations of the law and said ___ ___ to be continued. Page 181 September Term 1841 The state of Alabama- Special orphan’s court held at the courthouse in ___ for Marengo County on this 8th day of September AD 1841. The Hon. James A Young, Judge of said county presiding. Estate of Priscilla Thompson Dec’d This day appeared in court Thomas Ringgold and made application for letter of administration debonis non with the will annexed of Priscilla Thompson late of said county deceased and he ___ executed and filed in court his bond in the sum of 4000.00 dollars with Adolphus S Cade and William J Alston his securities and ___ the oath prescribed by law. It is considered and ordered by the court that he be and he is hereby appointed adm. Debonis non with the will annexed of the said Polly Glover Dec’d and in every case where occasion may require the said Thomas Ringgold is authorised to bring said and made ___ to be ___ as the lawful adm to the said Priscilla Thompson Dec’d. Same page Estate of Priscilla Thompson Dec’d This day appeared in court Thomas Ringgold administrator debonis non with the will annexed of the estate of Priscilla Thompson deceased and filed his account current and vouchers for final settlement with the court of his administration of said estate which being audited and examined by the court are reported for allowance as a term of this court to be holden at the courthouse of the county aforesaid on the third Monday (18th day) of October next. It is therefore ordered by the court that publication be made in the Marengo Jeffersonian for 40 days of the time and place of said settlement when and where persons interested can attend if they think proper. Ja’s A Young, Judge Page 197 Estate of Priscilla Thompson Dec’d The account of Thomas Ringgold Administrator de bonis non of Priscilla Thompson deceased coming on to be heard this day whereof the notice required by law as duly given by publication. Thereupon came the said Thomas Ringgold administrator as aforesaid and likewise came John W Henley who as anicus curea suggests to the court that said account ought not to be allowed because the said Tho’s Ringgold has charged in said account settlement made by him with Adolphus S Cade executor of William B Cade deceased former administrator of the said Priscilla Thompson Dec’d which he the said Thomas Ringgold is not legally authorised to do which suggestion after argument heard is by the court sustained and thereupon the said Thomas Ringgold administrator as aforesaid moves the court for leave to withdraw the said account and to prepare a new account for the settlement of his administration of said estate which said motion is by the court granted and said case continued until the 1st Monday of January next. Ja’s A Young, Judge Estate of Priscilla Thompson Dec’d Adolphus S Cade executor of the last will and testament of William B Cade deceased who was administrator with the will annexed of Priscilla Thompson Dec’d at a term of this court held on the 23rd day of February AD 1841 filed an account of the administration of his said testators upon the estate of the said Priscilla Thompson Dec’d. Which account was by the judge of said court audited stated and reported for allowance at a term of this court held on the 3rd day of April thereafter of which publication was duly made for 40 days in the Marengo Jeffersonian a newspaper printed in the town of Linden in Marengo county. At the April term this cause was continued and came on for hearing on this day of AD1841 at which time a suggestion was made to the court that Adolphus S Cade who was attempting to make a settlement of his testators administration had been by the orphans court of Marengo County appointed administrator de bonis non of the estate of the said Priscilla Thompson and was still the legal representative of said estate. And it was ordered by the court that the betters of administration de bonis non upon said estate be revoked and that administration de bonis non with the will annexed be granted to Thomas Ringgold and the cause was continued and this settlement having been regularly continued to the present term of the court now comes on for hearing. And now at this day comes the said Adolphus S Cade executor as aforesaid and likewise comes William C Thompson by John B Bruce his guardian ad litem and the Adolphus now here moves the court that the account aforesaid by him signed as executor aforesaid and sworn to the best of his knowledge and belief be allowed as a final settlement of his said testators administration upon the estate of the said Priscilla Thompson Dec’d and it appearing that William Cade and Priscilla Cade his wife the father and mother of the said Priscilla Deceased to whom a legacy was bequeathed by the said (Copied file misplaced from here) Page 361 June Term 1842 Estate of Priscilla Thompson, Dec’d The final settlement of Adolphus S Cade administrator de bonis non with the will annexed of Priscilla Thompson late of Marengo county deceased coming in to be heard this day. It appears that upon the death of William B Cade who was administrator with the will annexed of Priscilla Thompson’s estate administration de bonis of her estate was granted to Adolphus S Cade that application was made by him at the term of the orphans court of Marengo County held on the 23rd day of February 1841 to have his account reported for final settlement and that publication was made for 40 days in the Marengo Jeffersonian that said account would be reported for allowance at the April term of said court at the April term this cause was continued to the 21st day of June next thereafter at which term a suggestion having been made that Adolphus S Cade was attempting to make settlement of the administration of William B Cade Dec’d upon their estate and that he could not properly represent both estates and Adolphus S Cade was in consequence of this suggestion removed from the administration and letters of administration de bonis non granted to Thomas Ringgold who took possession of the effects of Priscilla Thompson’s estate not previously administered and this settlement was continued from term to term to the present term. It also appears that Priscilla Thompson bequeathed her property to her 3 children Joseph Thompson, William C Thompson and James Thompson with the exception of a small legacy to her mother Priscilla Cade wife of William Cade which was renounced by deed executed by William Cade and his wife Priscilla jointly which deed is now here produced and that Joseph Thompson and James Thompson two of the children and heirs above named have departed this life leaving William C Thompson sole surviving heir and legatee of Priscilla Thompson as well as sole surviving heir of his brothers the above named Joseph Thompson and James Thompson. It also appears that Adolphus S Cade has been appointed by the orphans court of Washington county in the state of Alabama guardian for the above named William C Thompson and has qualified as such and that he is still acting as such. It is therefore ordered that John B Bruce be appointed guardian ad litem for the aforesaid William C Thompson who is a minor that his interests may be fully represented and the said Adolphus S Cade late administrator de bonis non with the will annexed of the said Priscilla Thompson deceased now this day comes into court and likewise comes William C Thompson by his guardian ad litem and Thomas Ringgold administrator de bonis non with the will annexed of the said Priscilla Thompson deceased. And the said Adolphus moves the court that his account as administrator as aforesaid be allowed as a final settlement of this said administration and the motion being entertained and the account investigated and objections thereto heard and the said and the said account appearing fully attested by legal vouchers. It is adjudged, ordered and decreed that the same be allowed and entered of record as final settlement of the administration as aforesaid the sum of 9.06 dollars for fees due the officer of this court and that William C Thompson the sole heir and legatee of said deceased recover of the said administrator the sum of 1,490.16 dollars the balance remaining in the hands of said administrator in cash as shewn by the account and settlement aforesaid. And it appearing that the said Adolphus has fully accounted for all moneys and has delivered over to Thomas Ringgold his successor all notes and effects which had come to his hands as administrator aforesaid. It is adjudged, ordered and decreed that upon payment and satisfaction of the amounts herein above decreed against him he the said Adolphus be released and discharged from all further liability on his administration bond. And it is appearing to the court that this decree should have been entered at the term of this court held on the 30th day of May past. It is now ordered that it be entered as of that term. Same page as above Estate of Priscilla Thompson, Dec’d The final settlement of Thomas Ringgold administrator de bonis non with the will annexed of Priscilla Thompson late of Marengo County deceased coming on to be heard this day. It appears that the said Thomas Ringgold was appointed administrator of Mrs. Thompson’s estate on the 21st day of June AD 1841 on the revocation of the letters of administration granted to Adolphus S Cade and that on the 8th day of September AD 1841 he applied to the court for a settlement of his accounts. His account and vouchers having been audited, stated and reported for allowance at the term of this court held on the 18th day of October AD 1841 and 40 days notice given by publication in the Marengo Jeffersonian of the time and place at said last mentioned term of this court this said account came on to be heard and after full hearing a motion was made by said Ringgold to withdraw his account with leave to file a new one which motion was granted and the settlement was continued. The account now coming on to be settled was having been substituted in the place of the one withdrawn and the hearing of the same having continued from term to term to the present term. And now at this day comes into court Thomas Ringgold Administrator as aforesaid and likewise comes William C Thompson a minor and sole surviving heir and legatee of the said Priscilla Dec’d by his guardian ad litem and the said Thomas now here moves the court that his account be allowed as a final settlement of his said administration. And it appears to the court as shown by the account aforesaid that the sum of 90.25 dollars came to the hands of said administrator in cash over and above the amount expended by him as administrator aforesaid. And it further appears that personal property and notes to the value of 3508.00 dollars as per said account is made to appear likewise came to the hands of said administrator as such. And it further appearing that the aforesaid William C Thompson is the sole surviving heir and legatee of said deceased. It is therefore further adjudged, ordered and decreed the said William C Thompson recover of said administrator the said sum of 90.25 dollars remaining in cash and that the said administrator deliver to the said William C Thompson or to his lawful guardian all the property notes and effects whatsoever remaining in his hands belonging to said estate. And now at this day comes Adolphus S Cade and produces to the court satisfactory evidence that he is the lawful guardian of the aforesaid William C Thompson acting under the appointment from the county and orphans court of Washington County in the state of Alabama and that he is responsible to said court for his actions and doings and the said Adolphus now here in open court acknowledges the receipt and payment of the sum herein decreed in favor o his said ward in cash from the administrator aforesaid and likewise acknowledged the delivery to him by the said administrator of all the personal property, notes and effects mentioned and described in the account aforesaid. It is therefore further ordered and decreed that the said Adolphus make due report to the orphans court of Washington County aforesaid of all the money and personal effects above mentioned and charge himself with the same as guardian aforesaid. And that Thomas Ringgold go hence and be forever discharged from all liability as administrator as aforesaid. And it appearing to the court that this decree should have been entered of record at the term of this court held on the 30th day of May past. Therefore it is now ordered that it be entered as of that term. This file has been created by a form at http://www.poppet.org/alfiles/ File size: 18.3 Kb