Pike County AlArchives Court.....Kelly, Tyre 1846-1848 ************************************************ 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: Alice Folmar Kelley http://www.genrecords.net/emailregistry/vols/00033.html#0008183 April 30, 2016, 10:32 am Source: Alabama Department Of Archives And History Written: 1846-1848 COURT RECORDS – TYRE KELLY ESTATE SETTLEMENT 1846-1847 [Tyre Kelly, American Pioneer, was born 1768-70, likely in SC, lived in GA and TN, arrived Alabama by 1820, settled in Lowndes Co. in area later incorporated into Crenshaw Co., and died 1840 - 1841 Lowndes County] [Note: I originally posted this with 1846 as the death year for Tyre. His death year is now corrected to 1840-41, as evidenced by additional court records I found last fall. Those records are being posted separately as "Tyre Kelly's Death 1840-41, etc." - and includes a sale of land 1841 after his death, a law suit, and an appeal in Supreme Court. - Alice Kelley 3-28-2017] PETITION for SALE of TYRE KELLY’S REAL ESTATE Petition of Seaborn Kelly Adm. of Tyre Kelly decd. for sale of Real Estate Filed December 1846 At this time, the 4th Saturday in Jan. 1847 set to hear petition State of Alabama Lowndes County To the Hon. Judge of the County Court of Lowndes County. Your petitioner Seaborn Kelly administrator of the estate of Tyre Kelly dec. would respectfully represent to your Honor that said Tyre Kelly dec. died intestate and seized of the following lands to wit, north east quarter of north east quarter of section fifteen Township 11 Range 17, and NW/4 of NW/4 of section 14 same Township and Range lying and situate in said county and state. Also that he left Heirs at law as follows to wit, Zedoc Kelly, Seaborn Kelly the adm., Gallant Kelly, William Kelly, Dicey Luker wife of Jesse Luker, Catherine Deason wife of Abram Deason, Nicia Brazeal wife of Kindred Brazeal, Sarah Adams wife of Samuel Adams, Matilda Vickory wife of James Vickory, and Anna Vickory wife of Jackson Vickory who are of full age, also Elizabeth Graham daughter of Elizabeth Graham who was a wife of John Graham and daughter of decd., also the heirs of Hyram Kelly decd., to wit Hosea Kelly and Amanda Kelly of full age and James Kelly, William Kelly, Amandrase Kelly and Rebecca Kelly minors. Also the Heirs of Grant Kelly to wit, Jackson Kelly, Jane Kelly, Sarah Kelly and Tyre Kelly all minors, & Polly Kelly the widow of decedent and also that said estate is now ready for a Division among the Heirs aforesaid and that said lands cannot be fairly, equally and beneficially divided among said Heirs without a sale and a division of the proceeds. He therefore prays your Honor to grant an order and decree for the sale of said lands for a more equitable division among the Heirs aforesaid and your petitioner will pray [& C. ?] Dec. 9th 1846 Seaborn Kelly Admin. -------------------------------------------------------------------------------- WRIT of ERROR – TYRE KELLY’S REAL ESTATE [EXPLANATION of a "Writ of Error": An appeals court directs a lower court to forward to it records of a case in order to review and determine if any wrong action has been taken.] 1846 Jan. Term Lowndes County Alabama Supreme Court Bird versus Daniel, Writ of error to Circuit Court of Lowndes Co. [NOTE: The name "Bird" in this matter is same surname as man who eventually purchased the land in June 1847] Evidence was adduced by defendant, tending to show that consideration of notes was purchased of a tract of land belonging to and title was in one Tyre Kelly who had died in possession of same, leaving several heirs, some of which were still in their minority. After the death of Kelly, some of the heirs agreed to offer land for sale (The plaintiff was not an heir of Tyre Kelly estate and had no interest in estate but merely acted as agent of the heirs). -------------------------------------------------------------------------------- REPORT of SALE of REAL ESTATE of TYRE KELLY DECEASED To the Honorable Judge of the County Court of Lowndes County The undersigned administrator of the estate of Tyre Kelly deceased would respectfully submit the following report of the sale of the real estate of said decedent. First that he obtained an order from Your Honorable Court for the sale of the NE 1/4 of NE 1/4 of section (15) and NW 1/4 of NW 1/4 of section 14 and in Township 11, Range 17, lying and being situate in said county and state, for the more equal distribution among the Heirs of said decedent, that he gave his legal notice of the time and place of said sale, and on the 28th day of June 1847 he offered the same for sale to the highest bidder on the premises when John Bird became the purchaser of the same at the sum of Two hundred and ten dollars $210.00 and has complied with the term of sale by giving his notes with William [Mastin ?] and [John? I? __________] as executors and therefore asks Your Honor to make an order for the undersigned to make titles to said purchaser all of which is respectfully submitted. October 18, 1847 [signature] Seaborn Kelly -------------------------------------------------------------------------------- ACCOUNT CURRENT for TYRE KELLY’S ESTATE a/c Current with Estate Tyre Kelly Deceased Seaborn Kelly adm. files for final settlement 5 Feb 1848 3rd Monday in March 1848 set for settlement [ ? ] Seaborn Kelly adm. of Tyre Kelley, Deceased In a/c with said Estate [ ? ] 1848 To amt sale Real estate due 1 Jan of 1848 $210.00 By amt Credit [Brot?] over 69.00 [subtracted] $141.00 By amt paid Court charges No. 1 9.25 “ “ “ Court charges 2 24.43-3/4 “ “ “ Court charges 3 6.50 “ “ “ Court charges 4 2.50 “ “ “ Printers fees 5 6.00 “ “ “ Court charges on final settlement 6 6.65 $55.33-3/4 By Court Allowed in full 13.66-1/4 $69.00 This day Seaborn Kelly Administrator of the Estate of Tyre Kelly did come into Court who being duly sworn saith the within account current as stated is just and true. Sworn to before me this 20th day of March 1848 [Signature] ? B. Hinkle Clk [Signature] Seaborn Kelly ----------------------------------------------------------------------------- STATEMENT of HEIRS to TYRE KELLY'S ESTATE The following is a true statement of the heirs at law of Tyre Kelly decd. (to wit) Seaborn Kelly, the Adm., Samuel Adams & Sarah his wife, Gallant Kelly, Jesse Luker and his wife Dicey, William Kelly, Robert J. Vickory & Anna his wife, Mary Kelly, James Vickory & Matilda his wife, Zadock Kelly, Abram Deason & his wife Catharine all of whom are of full age, the heirs of Betsy Graham formerly Betsy Kelly, the heirs of Grant Kelly, and the heirs of Hiram Kelly. Part of the aforesaid heirs are minors & part of full age. Sworn to & subscribed before me this the 20th day March 1848 M. B. Hinkle Clk -------------------------------------------------------------------------------- FINAL SETTLEMENT of TYRE KELLY’S ESTATE Lowndes County Alabama Minutes of Orphans Court March 20th, 1848 The State of Alabama, Lowndes County Special Orphans Court began and held in Hayneville for said County on the 20th day of March A.D. 1848 Present his Honor Edward H. Cook, Judge Presiding Seaborn Kelly Adm vs. The heirs of Tyre Kelly This day Seaborn Kelly Administrator of the Estate of Tyre Kelly decd. came into Court, and it appearing to the Court that the said Seaborn Kelly had filed his account current with vouchers at a previous term of this Court held the 5th day of February 1848 for final settlement as such Administrator and that the 3rd Monday in March 1848 being the 20th day of said month was set apart for the same. Publication having been made in the Lowndes County Chronicle, a paper published in the town of Hayneville, for three consecutive weeks giving 40 days notice to all persons interested to appear and contest the same. No one appearing, no exceptions being filed or objections made, the Court then audited and examined the same which were allowed as stated and is referred to as explanatory of this decree. By reference to the same, it appears that there is a balance due by said Administrator to said Estate of One hundred and forty one dollars and it appearing to the satisfaction of the Court that said decedent left heirs at law who are entitled to their distributive portion of said amount (to wit) Seaborn Kelly, the Administrator, Samuel Adams and his wife Sarah, Gallant Kelly, Jesse Luker and his wife Dicey, William Kelly, Robert J. Vickory and his wife Anna, Mary Kelly, James Vickory and his wife Matilda, Zadock Kelly, Abram Deason and his wife Catharine, the heirs of Betsy Graham, the heirs of Grant Kelly, and the heirs of Hiram Kelly. Each $10.84-½. It is therefore ordered and decreed that Seaborn Kelly, the Administrator, be allowed to retain ten 84-½/100 dollars which is in full of his distributive share of said Estate. Ordered and decreed that Samuel Adams and his wife Sarah have and recover of Seaborn Kelly the Administrator aforesaid the sum of ten 84-½/100 dollars which is in full of their distributive portion of said Estate. Ordered and decreed that Gallant Kelly have and recover of Seaborn Kelly the Adm. aforesaid the sum of ten 84-½/100 dollars which is in full of his distributive share of said Estate. Ordered and decreed that Jesse Luker and his wife Dicey have and recover of Seaborn Kelly the Adm. aforesaid the sum of ten 84-½/100 dollars which is in full of their distributive share of said Estate. Ordered and decreed that William Kelly have and recover of Seaborn Kelly the Adm. aforesaid the sum of ten 84-½/100 dollars which is in full of his distributive share of said Estate. Ordered and decreed that Robert J. Vickory and his wife Anna have and recover of Seaborn Kelly the sum of ten 84-½/100 dollars which is in full of their distributive share of said Estate. Ordered and decreed that Mary Kelly have and recover of Seaborn Kelly the Adm. aforesaid the sum of ten 84-½/100 dollars which is in full of her distributive share of said Estate. Ordered and decreed that James Vickory and his wife Matilda have and recover of Seaborn Kelly the Adm. aforesaid the sum of ten 84-½/100 dollars which is in full of their distributive share of said Estate. Ordered and decreed that Zadock Kelly have and recover of Seaborn Kelly the Adm. aforesaid the sum of ten 84-½/100 dollars which is in full of his distributive share of said Estate. Ordered and decreed that Abram Deason and wife Catharine have and recover of Seaborn Kelly the Adm. aforesaid the sum of ten 84-½/100 dollars which is in full of their distributive share of said Estate. Ordered and decreed that the heirs of Betsy Graham, decd., formerly Betsy Kelly, have and recover of Seaborn Kelley Adm. as aforesaid the sum of ten 84-½/100 dollars which is in full of their distributive portion of said Estate, and that he pay over the same to their legal representation when known. Ordered and decreed that the heirs of Grant Kelly have and recover of Seaborn Kelly Adm. as aforesaid the sum of ten 84-½/100 dollars which is in full of their distributive portion of said Estate, and that he pay over the same to their legal representation when known. Ordered and decreed that the heirs of Hiram Kelly have and recover of Seaborn Kelly the Adm. as aforesaid the sum of ten 84-½/100 dollars which is in full of their distributive portion of said Estate, and that he pay over the same to their legal representation when known. Ordered that the clerk enter this decree upon the Minutes of this Court and the account current in his Inventory Book kept for that purpose. Ordered that the clerk file in his office the original account current and all other papers connected with this [case or cause?] as office documents. Ordered that said Administrator upon the payment of the aforesaid sums of money and the return of the Receipts to this Court for the same be discharged from the further management of said Estate and then he and his sureties on his Bond of Administration be released from further liability of the same. -------------------------------------------------------------------------------- [There also are several lists of Orphan’s Court Charges for the various judge’s orders, recording fees, issuing letters of administration and citations – many of the charges being $1 or less, some maybe $2 or $4] -- END TYRE KELLY ESTATE RECORDS -- File at: http://files.usgwarchives.net/al/lowndes/court/kelly366gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 12.6 Kb