ESTATE SETTLEMENT OF JAMES RICHARD COLEMAN, MONROE CO., ALABAMA

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Contributed by Marsha King Grady, <marshakgrady@yahoo.com>
August 2000


Estate settlement of James Richard Coleman, dated 11 Jan 1915:

"The State of Alabama
County of Monroe

Know all men by thoese presents that this indenture, made and entered into by 
and between W.H. Coleman, J.A. Coleman, G.J. Coleman, P.M. Coleman, L.A. 
Coleman, J.N. Coleman, Mrs. J.V. Castillow, Mrs. Alice Green, Mrs. Janie 
Helton, Mrs. Ida Jones, and Mrs. M.A. Coleman (also called and known by the 
name Bettie Coleman) next of kin and heirs at law of James R. Coleman, 
deceased, each over the age of twenty-one years of age, and each a resident 
of said County and State, witnesseth:

THAT, whereas James R. Coleman, deceased, departed this life on to-wit, 
August 8th, 1914, being at the time of his death over twenty-one years of 
age, and a resident of Monroe County, Alabama, and
WHEREAS, the said James R. Coleman, deceased, departed this life seized and 
possessed of an estate consisting of one hundred acres of land, on which he 
resided at the time of his death, and used and occupied his homestead, of the 
value of to-wit, $1500.00; money in the Monroe County Bank to the amount of 
$2595.75; other personal property, notes, mortgages and choses in action of 
the value of to-wit, $2400.00, making the aggregate value of said estate 
approximately $6,322.79, and
WHEREAS, the said James R. Coleman, deceased, died intestate, leaving 
surviving him as his next of kin the above named, all of whom are his 
children, with the exception of Mrs. M.A. Coleman (also known and called by 
the name of Bettie Coleman) who is his widow, and
WHEREAS, there are no debts due and owing by said estate, and therefore no 
need of an administration thereupon, and
WHEREAS, the above named children and widow of said decedent on, to-wit, the 
26th day of August, 1914, did each make, execute, and deliver to the said 
W.H. Coleman their power of attorney, authorizing and empowering the said 
W.H. Coleman to take full possession and control of all property belonging to 
the estate, to sell same to the best advantage in his judgement, to collect 
all moneys due the estate, and to pay all debts of said estate, if any, out 
of the funds collected from said estate; to cancel each and all mortgages due 
said estate when same become due and are full paid; to do and perform all 
other acts concerning said estate that he may deem necessary in settling up 
said estate; and said parties by their said power of attorney, ratifying and 
confirming whatsoever the said W.H. Coleman may do in the premises; which 
said power of attorney is duly recorded in Deed Book Seventy-Nine, at Page 
One Hundred and Eight-Nine, in the office of the Judge of Probate of Monroe 
County, Alabama, and which said power of attorney is hereby expressly 
referred to and made a part of hereof, and
WHEREAS, each of the said parties of this agreement being desirous of 
effecting a settlement and distribution amount themselves, as the next of kin 
of said decedent, of the sum of $2595.75 belonging to said estate, which 
amount is now in the hands of W.H. Coleman, by virtue of said power of 
attorney hereinabove referred to, and strictly in trust for those entitled 
thereto, without the expense, worry and delay of court proceedings, and
WHEREAS, the said Mrs. M.A. Coleman, widow of the said James R. Coleman, 
deceased, having first been full informed as to her legal rights as such 
widow, to the exemption of $1000.00 and other personal property out of the 
assets belonging to said estate, and to the exemption of the homestead of 
said decedent absolutely, the same not exceeding in valued $2,000.00 nor in 
area one hundred and sixty acres; also as to her dower rights in and to any 
other realty of which the said decedent may have died seized and possessed; 
and notwithstanding her said rights in the premise as such widow, and in lieu 
thereof hereby voluntarily consenting and agreeing to take and accept a 
child's portion or share in her deceased husband's estate; and the said Mrs. 
M.A. Coleman expressing a wish and agreeing only to share as a child and not 
as the widow of said James R. Coleman, deceased;
NOW, therefore, the premises considered, it is mutually understood and agreed 
by and between each party to this instrument that the said sum of $2595.75, 
now in the possession and under the control of the said W.H. Coleman, by 
virtue of said power of attorney, and as Trustee, be and is hereby divided 
and distributed between said parties as follows, each of the said parties 
hereby ratifying and confirming said division and distribution of said sum:
Assets included in the Settlement:
Cash in the Monroe County Bank....$2595.75
J.A. Coleman's indebtedness to the estate...$200.00
G.J. Coleman's indebtedness to the estate...$314.45
P.M. Coleman's mortgaged indebtedness to the estate...$414.45
L.A. Coleman's mortgage indebtedness to the estate...$472.00
J.N. Coleman's indebtedness to the estate...$367.16
Mrs. J.V. Castillow's Mortgaged indebtedness to the estate...$450.00
Mrs. Alice Green's indebtedness to the estate...$67.70
Mrs. Ida Jones' indebtedness to the estate...$287.50
Mrs. M.A. Coleman's indebtedness to the estate...$17.85
Total assets....$5186.86
Less the following, to-wit:
Amount paid J.D. Ratcliffe, attorney for legal services and advise rendered 
and to be rendered...$75.00
Amount paid I.B. Slaughter, Judge of Probate, recording two patents, power of 
attorney and agreement...$5.00
Amount paid T.J. Murphy, Justice of Peace for taking acknowledgements to 
power of attorney and this agreement...$2.00
Expenses incurred by W.H. Coleman, as Trustee, in and about the management of 
said estate...$40.00
Net Assets to be distributed...$5064.86
LIABILITIES:
W.H. Coleman's distributive share in and to the above amount...$460.54
J.A. Coleman's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $200.00...$260.54
G.J. Coleman's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $314.95...$145.59
P.M. Coleman's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $414.45...$45.99
Mrs. J.V. Castillow's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $450.00...$10.54
Mrs. Alice Green's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $67.70...$392.84
Mrs. Janie Melton's distributive share in and to the above amount...$460.46
Mrs. Ida Jones distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $287.50...$172.94
L.A. Coleman's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $472.000.... balance due the estate 
$11.56
J.N. Coleman's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $367.16...$93.28
Mrs. M.A. Coleman's distributive share in and to the above amount, less his 
indebtedness to said estate amounting to $17.85...$442.59
Total amount disbursed, including credits allowed on the respective 
indebtedness as set out above, amounting to $2591.11...$5076.42
Less balance due estate by L.A. Coleman...$11.56
$5064.86

IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals 
this 16th day of January, 1915."
Signed by: parties listed above.

Filed by T.J. Murphy, Justice of the Peace, Monroe County, Alabama, 16 
January 1915

"I, T.J. Murphy, a Justice of Peace in an for said County, in said State, 
hereby certify that on the ___ day of January 1915, came before me the within 
named Mrs. M.A. Coleman (also called and known by the name Bettie Coleman), a 
widow woman, who being examined separate and apart from the other parties to 
the above and foregoing agreement, touching her signature to the same, 
acknowledged that she signed the same of her own free will and accord, 
without fear, Constraint, or threats on the part of any of the other parties 
to said agreement. In witness whereof, I hereunto set my hand, this 16th day 
of January, 1915."
Signed by T.J. Murphy, Justice of Peace, Monroe County, Alabama