Marengo County AlArchives Court.....Sarah Altona Thompson 1856 ************************************************ 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, 11:24 am See http://files.usgwarchives.net/al/marengo/wills/wl52thompson.txt For a copy of the will Source: Marengo County Al Courthouse Written: 1856 See Minutes Entry Book G on page 81 or 89 Notice: To Wm. M Brooks and Ann his wife, Judge Rembert and Fannie his wife and Foster Terrell who with James L Terrell are the next of kin of Sarah Altona Thompson late of Marengo County, deceased. You are hereby notified that James L Terrell as the executor of the last will of Sarah Altona Thompson, dec'd has made application to the probate court of said Marengo County to prove the last will and testament of the said Sarah Altona Thompson deceased. And that Monday the 28th day of July AD 1856 is set for hearing said application at Linden in said county the place of holding said court. When and where you can attend and show cause why said application should not be granted. Given under my hand as officer in Linden this the 8th day of July AD 1856. Ja's A Young Judge of probate of M.C. We acknowledge legal service of the written notice this 8th day of July AD 1856. J W Rembert, F S Rembert, W M Brooks, A E Brooks, F B Terrell. Executed July the 16th 1856 on Foster Terrell, ___ ___ ___ Answer of ___ ___: In the matter of the probate of the will of Sarah A Thompson, Deceased Pending in the probate court of Marengo County Alabama on the 28th day of July AD 1856. The undersigned was duly appointed by said court, guardian ad Litem for Foster Terrell a minor to defend his interest. His interest in the matter of the probate of said will comes into court and accepts said appointment and waives further notice and for answer on behalf of said minor says that he denies that the said instrument is the last will and testament of the said Sarah A Thompson and prays the court to require ___ and legal proof of the same. Henry A Woolf, gdn ad Litem for Foster Terrell. Filed 28th July 1856 Probate of Will: In the matter of the will of Mrs. Sarah Altona Thompson, Dec'd Probate Court Marengo County July Term AD 1856 The testimony of Joshua T Heard on the subscribing witnesses to the will of Mrs. Sarah Altona Thompson deceased who being first duly sworn deposes and says that he was present on the 6th day of July 1856 and saw Mrs. Sarah A Thompson execute the instrument now here produced and shown to him bearing said date and attested by him and Doctor Frank Prince as her last will and testament. That he and the said Frank Prince signed the same as her request and in her presence as witnesses and also in the presence of each other. He further testifies that Mrs. Thompson was to the best of his knowledge and belief of sane and disposing mind and memory at the time of executing said will. Joshua T Heard This day came James L Terrell an executor named in the instrument in writing heretofore propounded as the last will of Mrs. Sarah A Thompson deceased and likewise came Foster Terrell minor by Henry A Woolf Esq and the probate of said instrument being heard. And it appearing to the satisfaction of the court that all of the next of kin of said testatrix have had 10 days notice as required by law and if further appearing by the testimony of Joshua Heard one of the subscribing witnesses that said instrument was duly executed and published by said testatrix as her last will and testament on the day the same ___ date. It is therefore ordered by the court that said instrument be recorded as the last will and testament of said Sarah Altona Thompson deceased and that letter testamentary be granted thereof. Ja's A Young, Judge Filed July 14th 1856 and admitted to probate July 28th 1856. Ja's A Young Judge Estate of Sarah A Thompson, Dec'd This day came James L Terrell executor of the last will of Mrs. Sarah A Thompson, deceased, and filed in court his petition for a sale of certain real estate therein described in the town of Dayton in Marengo County of which his said testatrix did seize and possessed for the purpose of paying the debts of said estate and is appearing to the satisfaction of the court that James ___ Thompson, Mary Jane Wilson, wife of Wilson, Dyonesia Lester, wife of Lester, Margaret Tuttle, wife of Tuttle, Joseph Thompson, Clinton Thompson, William Thompson, Renbe___ Thompson and Josephine Thompson, children of Jack Thompson, deceased and ___ of said Sarah A Thompson are nonresidents of the state of Alabama. It is therefore ordered by the court that said petition be set for hearing on the 2nd Monday in November next and that notice thereof be given to publication once a week until set term in the Linden Jeffersonian, that said non residents may appear and contest said petition if they think proper. And it is further ordered and decreed that Henry A Woolf Esq. Be appointed guardian adlitem to defend the minor named in said petition. Same page as above Estate of Sarah A Thompson, Dec'd This day came James L Terrell executor and filed in court a list of appraisement of the personal estate of this testatrix and adopts the same as his inventory of said estate. It is therefore ordered by this court that the same be recorded. Ja's A Young Judge Probate Court Special Term held November 4th AD 1856 Page___ Estate of Sarah A Thompson, Dec'd This day came James Ferrell executor of the last will and testament of Sarah A Thompson deceased and filed in court his application in writing for an order to sell the perishable property belonging to the estate of said deceased and described in said application. It is therefore ordered by the court that said administration be authorized to sell said property at public auction after advertising the same in the law directs requiring purchasers to pay cash for all sums under 50.00 dollars and for all sums of and over this amount to execute their notes with good and solemn securities payable 12 months after the day of sale. Ja's R Young, Judge Page 157 Probate Court Marengo County November term AD 1856 ___ States term of the probate court begun and held for the county of Marengo at the courthouse thereof in Linden on the 2nd Monday and 10th day of November AD 1856. The Hon'l James A Young Judge of said county presiding. The following proceedings were had and ordered made ___. Estate of Sarah A Thompson, Dec'd This day came James L Terrell executor of the will of said deceased and filed in court his petition for a sale of land belonging to said estate to pay the debts of said estate instead of selling slaves. It is therefore ordered by the court that said petition be set for hearing at the August term of this court and that notice of the time and place of hearing said petition be given by publication for 3 successive weeks in the Linden Jeffersonian Newspaper & ___ citation issue to the resident heirs of said estate. And it is further ordered that H A Woolf ___ be appointed ___ ad litem for the minor heir. Estate of Sarah A Thompson, Dec'd This day came James L Terrell executor of the last will of Sarah A Thompson deceased and likewise came the minor heir and legatees of said testatrix by Henry A Woolf Esq ___ guardian ad litem and the account of said executor being by the court audited and stated on partial settlement of said estate. It appears to the satisfaction of the court that notice of the time and place of said settlement has been given by publication for 3 successive weeks in the Linden Jeffersonian Newspaper. It further appears that after charging said executor with all wherewith he is chargeable and allowing him all just payments, expenses and compensation there remains a balance of 13 thousand and 63 dollars in favor of said executor. It further appears that said estate is not yet fully administered. It is therefore adjudged, ordered decreed that said account as stated be allowed and recorded as a partial settlement of said estate. And it is further ordered and decreed that said balance of 13 thousand and 63 dollars stand to the credit of said executor as his next settlement with this court. Estate of Sarah A Thompson, Dec'd This day came James L Terrell executor of the will of said deceased and likewise came the minor legatees named in the petition of said executor, H A Woolf 1 heir guardian ad litem, and his petition being heard. It appears that notice of the time and place of hearing said petition has been given by publication in the Linden Jeffersonian once a week from the filing of said petition for the nonresident legatees to appear and contest said petition. It further appears that all the legatees residing in the state of Alabama have had the notice prescribed by statute. And it further appears that the testimony of Thomas B Gaines, Oliver B Bodder, and Joseph L Browning taken and filed in their cause that the facts stated in said petition are true. It is therefore ordered and decreed by the court that said petition be granted and that said James L Terrell, executor aforesaid, sell the land described in said petition as lying in Marengo County at the town of Dayton in said county and those described as lying in the county of Clarke in the state of Alabama in the town of Coffeeville in said county of Clarke at public auction after duly advertising the time, place and the terms of sale as prescribed by law. And it is further ordered and decreed that the terms of said sale be one third payable on the first day of January, 1858. One third payable on the first day of January 1859 with interest from the first day of January 1858 and one third payable on the first day of January 1860 with interest from the said first day of January 1858. To be decreed by notes with at least two solvent sureties. And it is further ordered that said executor make his report in writing under oath of his sale under this order to the stated term of this court to be holden on the 16th day of ___ next. Estate of Sarah A Thompson, Dec'd (wife of William C Thompson son of Priscilla Cade Thompson) This day came James L Terrell executor of the will of said Sarah A Thompson and filed his petition in entering for an order to sell the perishable property of said estate and it appearing that a sale then of is necessary to prevent waste. It is therefore ordered that said executor be authorized to sell said perishable property at public auction after advertising as the law directs on the premises of said ___ on a credit of 12 months. And it is further ordered that said executor be authorized to sell the crop of cotton for cash at private sale and ___ by said sales at the January term of this court next. November 1857 Page 395 Probate Court special Term held the 16th day of November AD 1857. The hon. Ja's A Young judge presiding. Estate of Sarah A Thompson, Dec'd (wife of William C Thompson son of Priscilla Cade Thompson) This day came James L Terrell executor of the will of said testatrix and filed his report in writing under oath of the sale of the real estate of his said testatrix heretofore decreed to be sold. And it appearing that so much of the said real estate so ordered to be sold as is described and known as the "Kelly Place" was sold to John T Walton for a fair and reasonable price and that said Walton has complied with the ___ of sale. It is ordered and decreed that the said report be confirmed as to the sale of the said Kelly Place and recorded. And it not being made appear to the satisfaction that the remaining land ordered to be sold as aforesaid and mentioned and described in said report as sold, to James L Terrell were sold for a reasonable price. It is therefore ordered and decreed that the sale to said James L Terrell be set aside. And that a new order issue to said executor to resell said last mentioned land after duly advertising the time, place and terms as the law directs at public auction on the premises. And it is further ordered that the terms of said resale be one and two years credit to be secured by notes with at least two good sureties. And it is further ordered that said executor report said sale when made as the ___ of this court to be holden on the 2nd Monday in January next. Estate of Mrs. Sarah A Thompson, Dec'd (wife of William C Thompson son of Priscilla Cade Thompson) This day came James N Thompson and filed in court the several powers of attorney to ___ ___ James B Wilson and wife, Lawrence E Lester and wife, Joseph Thompson, Clinton Thompson, E A Thompson and W A Tuttle, legatees of said Sarah A Thompson, Dec'd authorizing him to collect and recover their legacies from the executor of said Sarah A and the said James N also files in court the transcript of the appointment of Elizabeth A Thompson aforesaid as guardian of William S Thompson, Lawrence Thompson and Josephine Thompson minors and legatees of said Sarah A duly certified ans also the transcript of Margaret Tuttle Dec'd duly certified according to the act of Congress from the county court that said transcript and powers of attorney be filed and recorded. Ja's A Young, Judge Page 409 Probate Court Special Term held for Marengo County the 12th day of December 1857. Hon J A Young presiding. Estate of Mrs. Sarah A Thompson, Dec'd (wife of William C Thompson son of Priscilla Cade Thompson) This day came J L Terrell executor of the will of said Sarah A Thompson deceased and filed his petition for an order to divide the slaves bequeathed by said testatrix the names of which slaves are mention in said petition among the several legatees of said testatrix as directed by said last will. It is therefore ordered by the court that said petition be granted and that John T Hollis, Thomas Holt, Thomas J Woolf, E T Wattington and Oliver B Boddie be and they are hereby appointed commissioners and are authorized to value and divide said slaves among the said legatees as directed by said will in the following manner ___ that they allot to said James L Terrell one fifth, to Ann E Brooks wife of William M Brooks one fifth, to Fannie Rembert wife of Judge W Rembert one fifth, to Foster B Terrell and James Thompson one fifth to be subdivided and one half of said fifth to be set off to said Foster B Terrell and James Thompson each. And to the children of Jack Thompson deceased ___ Mary J Wilson wife of James B Wilson, James N Thompson, Dionysia Lester wife of Lawrence E Lester, William A Tuttle administrator of Margaret N Tuttle, Joseph Thompson, Clinton Thompson, William S Thompson, Reube__ Tuttle wife of William A Tuttle, Lawrence Thompson and Josephine Thompson one fifth of said slaves in value. They being first duly sworn to make said division fairly and impartially. And it is further ordered that said commissioners make their report of said division in writing under oath at the term of this court to be holden on the 21st of December AD 1857. Ja's A Young, Judge Page 417 December 21st 1857 Estate of Sarah A Thompson, Dec'd (wife of William C Thompson son of Priscilla Cade Thompson) This day came James L Terrell executor and filed in court the report of the commissioners appointed to divide the slaves belonging to said estate and it appears that said division was fairly and impartially made according to the directions of the will of said testatrix. It is therefore ordered by the court that said report be received and confirmed and recorded. Page 417 December 21st 1857 Estate of Sarah A Thompson, Dec'd This day came James L Terrell executor and filed in court his report of the sale of the real estate of his testatrix known as the "Post Oak Place" heretofore ordered to be resold by this court. And it appearing that said sale was fairly made after being advertised by publication of the ___ place and county of sale for 3 successive weeks in the Linden Jeffersonian. And the price to which said real estate was sold is not unreasonable and it further appearing that the purchaser has complied with the terms of sale. It is ordered and decreed by the court that said sale be confirmed and that said report be recorded. Ja's A Young, Judge Estate of Sarah A Thompson, Dec'd This day came George G Lyons and filed in court power of attorney, from Lawrence E Lester and wife, Joseph Thompson and Clinton Thompson. Appointing the said George G their agent and attorney to represent them as legatees of said Sarah A Thompson Dec'd and to do all things in and pertaining to said estate which they are legatees ___ a ___ do ___ and it appearing that said powers of attorney are properly executed and certified. It is ordered by the court that they be filed and recorded. Page 646 Probate Court held Fecruary 28th 1859 Estate of Sarah A Thompson, Dec'd This day came George G Lyons and filed in court power of attorney from W A Tuttle adm of estate of Margaret A Tuttle deceased. From James M Thompson, from W A Tuttle and R Tuttle his wife, formerly R Thompson and from E A Thompson as guardian of his children William S Lawrence and Josephine Thompson. Authorizing him the said George Lyons to act for them and in their behalf in this cause. It is therefore ordered that said power of attorney be recorded. Ja's A Young, Judge Book H Marengo Co. AL 1860 – 1864 Page 35 Estate of Sarah A Thompson Dec'd This day came James L Terrell an executor of the last will and testament of the said Sarah A Thompson. Likewise came Wm M Brooks in ___ of his wife Ann E Brooks. Foster B Terrell a minor legatee. Clinton Thompson, William S Thompson, Rubigne (Thompson) Tuttle and Josephene Thompson, minor legatee and children of Jack Thompson by George G Lyon as their guardian ad litem and attorney. Also Mary J Wilson and her husband James B Wilson. James N Thompson, Dyonesia Lester and her husband Lawrence Lester, William A Tuttle as adm. of Margaret Tuttle, Joseph Thompson and Lawrence Thompson legatees of the said Sarah A and children of the said Jack Thompson (Except the said James B and William A) by George G Lyon their attorney representing said parties in this settlement. Also came James Thompson by his attorney ___ ___ and ___. And it appearing to the satisfaction of the court that the account of the said executor for a partial settlement of his administration of said estate with the vouchers and other written evidence which he ___ to ___ the credit side of said account has been ___ ___ filed with the judge of this court that he has also filed a statement of the heirs and legatees of said estate. That the said Lyon has been duly appointed to represent the interests of the said minors in this settlement and that he is a competent person and has accepted the same. That on the filing of the said account vouchers and a day was appointed by the judge for this settlement, that legal notice of the same was given for 3 successive weeks in the Linden Jeffersonian a newspaper published in the said county that the said settlement has been regularly continued from term to term until the present term. Therefore the court proceeded to examine and audit the said account and it appears to the satisfaction of the court that the said executor is properly chargeable with the sum of 51136.00 dollars that he is entitled to credits against the same to the amount of 39139.99 dollars leaving a balance in the hands of the said executor subject to distribution under the will of the said Sarah A of 12,006.10 dollars. It further appears that under and by virtue of an order and decree of this court all of the slaves belonging to the said estate were divided in accordance with the will of the said Sarah A during the month of December AD 1857. And that the same were delivered to the said parties to whom the same were allotted especially their receipts for the same in writing are now produced in court and ordered to be recorded. It further appears to the court that under the said will one fifth of the said estate was bequeathed to Ann E Brooks, one fifth to Fannie Rembert, one fifth to James L Terrell, one fifth to the children of Jack Thompson and that in the distribution of the said slaves unequal shares were divided to the parties entitled thereto, which are now equalized in the distribution of the balance now in the hands of the said executor. It is therefore ordered adjudged and decreed by the court that the said account as stated be passed and allowed as stated as a partial settlement of the administration of the said estate and the same be recorded as such. It further appears that Margaret N Tuttle one of the children of Jack Thompson has died and that William A Tuttle has filed in this court a regularly certified copy of the letters of administration on his estate granted by the probate court of Harrison County the state of Texas has executed bond as required by law and is required to receive the share of the said Margaret N. It further appears that the said Jack Thompson's children entitled to take under said will are ten in number. It further appears that of the said balance of 12006.00 dollars in the hands of the said executor subject to distribution Fannie Rembert is entitled to the sum of 2168.58 dollars that the said executor now produces in court her receipt for 2100.00 there of that the said Ann E Brooks is entitled to the sum of 1145.55 dollars that the said executor is entitled to the sum of 2769.78 dollars. That the said James N Thompson is entitled to the sum of 1405.08 dollars, Foster B Terrell is entitled to the sum of 1023.23 dollars and produces in court the receipt of James Terrell guardian of the said Foster B for the sum of 1000.00 thereof and that the children of Jack Thompson are entitled to the sum of 2736.58 dollars being the sum of 272. 55 dollars to each one. It further appears that the said James has regularly qualified as legal guardian of the said Foster B. It is therefore ordered adjudged and decreed that the said executor be allowed credits for the said amount as paid to the said Fannie and James L as guardian. And that of the said balance so remaining in his hands he pay over to the said Fannie Rembert the said balance of 68.58 dollars. To the said Ann E Brooks the said sum of 1145.55. To the said James Thompson the said sum of 1405.08. To the said Foster B Terrell the said sum of 23._3 dollars. To the said children of Jack Thompson the said sum of 2726.53 dollars as follows. To Mary Wilson wife of James B Wilson 272.65 dollars. To Dyonasia Lester wife of Lawrence E Lester 272.65 dollars. To William A Tuttle as administrator of Margaret N Tuttle 272.65 dollars. To Clinton Thompson 272.65 dollars. To Joseph Thompson 272.65 dollars. To William S Thompson 272.65 dollars. To Ruebeque Tuttle wife of William A Tuttle 272.65 dollars. To Lawrence Thompson 272.65 dollars. To James N Thomson 272.65 dollars. To Josephene Thompson 272.65 dollars. For the said amounts so to be paid over to the said legatees executors may issue in favor of the several parties entitled thereto especially. And that the said executor retain for himself the said sum in his favor 2769.78 dollars. Ja's A Young, Judge This file has been created by a form at http://www.poppet.org/alfiles/ File size: 24.7 Kb