Russell-Bibb County AlArchives Court.....Chapman, Allen September 10, 1872 ************************************************ 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: Greg Anderson yak2usal@frontiernet.net May 29, 2007, 3:52 pm Source: Probate Court September 10, 1872 Written: September 10, 1872 PROBATE COURT ALLEN CHAPMAN, DECEASED SEPTEMBER 10, 1872 ORDER TO SELL CROP OF CORN & C. This day came E. W. Chapman, Executor of the said estate, and filed his petition in writing, and under such, praying for an order to sell the crop of cotton, corn, peas, & c. now on hand below, giving to said estate, upon the ground; That there is not sufficient moneys on hand to pay the debts and expenses of said deceased, and that it will be beneficial and to the interest of said estate to sell the same for cash, and at as early a day as may be in accordance with the prayers of said petition. It is ordered and decreed that said Executor do proceed to sell said crops in such lots and parcels as he may think best for the benefit of said estate, and at private or public sale, and for cash. It is further ordered that said Executor with all care, keep amounts, and within sixty days after said sale do report to this Court his account of such sale. T. L. Appleby, Judge of Probate PROBATE COURT ALLEN CHAPMAN, DECEASED SEPTEMBER 10, 1872 ESTATE OF IN THE MATTER OF THE PROBATE OF HIS LAST WILL & TESTAMENT This day having been appointed for hearing the application of E. W. Chapman and E. W. P. Chapman, which was heretofore filed in this Court, for this probate of an instrument of writing, purporting to be the Last Will & Testament of Allen Chapman, deceased. Now comes the applicants, and also comes A. McGehee, who was heretofore appointed to act as guardian adlitum for all the minors intrusted in this proceeding; And in appearing to the satisfaction of the Court, that notice of said application and of this to be appointed for hearing, the same has been given in pursuance of law, and in strict accordance with the former order of this Court. Made on the Twentieth day of August, Eighteen Hundred and Seventy-Two, by publication continued for two successive weeks in the Russell Examiner, a newspaper published in this County, and by citations personally served as directed in said former order. Now on motion of said Proponents, this Court proceeds to hear said application. And it's appearing to this Court, from the testimony of Jill Duffee and T. W. Lowe that they signed the instrument of writing, purporting to be the Last Will & Testament of said deceased, and which writing is now shown to them, on the day and the date thereof, in the presence of said Testator and at his request, as subscribing witnesses to the same, the said Testator thus declaring that said instrument constituted his Last Will, and in living also show, by proof which is satisfactory to this Court, that said Testator was of the full age of twenty-one years and upwards at the time of him making said Will; And that he was of sound mind and fully capable of making his said Will. It therefore seems to this Court that said application should be granted. It is therefore Ordered, Adjudged, and Decreed by the Court, that said Will of said Allen Chapman, deceased, be received, and the same is hereby declared to be duly proven as the Last Will & Testament of said deceased, and as such, admitted to probate, and ordered to be recorded, together with the proof thereof, and all other papers on file relating to this proceeding. T. L. Appleby, Judge of Probate PROBATE COURT ALLEN CHAPMAN, DECEASED NOVEMBER 4, 1872 ESTATE OF INVENTORY & APPRAISEMENT This day came E. W. Chapman, Administrator of the said Deceased, and presented his inventory and appraisement of said estate, in due form and properly verified. It is Ordered that the same be filed and ordered. T. L. Appleby, Judge of Probate PROBATE COURT ALLEN CHAPMAN, DECEASED NOVEMBER 4, 1872 ESTATE OF FOR THE SALE OF PERISHABLE PROPERTY This day came E. W. Chapman, the Executor of said estate, and filed this petition in writing, praying for an order to sell the household and kitchen furniture, horses, mules, cows, hogs, and plantation tools, and various other perishable property of the ground, that the same are perishable and liable to waste; And the Court having read said petition, and hearing the proof adduced in support thereof, and being satisfied that said petition is fully sustained by said evidence, and that the property is perishable, and that it will be beneficial to the interest of said estate that the same should be sold and at as early a day as may be in accordance with the prayer of said petition; It is Ordered and Decreed that said property be put up and sold on the lot premises of said Deceased in this County, in such lots and parcels as said Administrator may think most advisable, and at auction to the highest bidder for cash, after having been given two days notice as required by law of such sale, by posting notices at the Court House and the other public places in said County, and that he make report of such sale to this Court. T. L. Appleby, Judge of Probate PROBATE COURT ALLEN CHAPMAN, DECEASED NOVEMBER 22, 1872 ESTATE OF IN A MATTER OF DOWER This day came Sarah Chapman, and files her petition in writing, alleging among other things, that she is the widow of said Deceased, and as such, is entitled to have a life estate assigned her in one-third of the lands described in said petition, for her dower interest therein; The same being lands of which her said husband was seized in fee during her marriage with him, in and to which she never relinquished her right of dower; And that said lands are so situated , the said dower can be set off and justly assigned my metes and bounds; And it not being shown to the Court that the proper notice has not been given to those intrusted, adversely to the said Widow in her said claim for dower; And of the time when said petition would be filed and an order for the assignment of dower prayed for; And it appearing from an inspection of said petition that the only kin and next-of-kin of said Deceased are as follows... VIZ: Nancy McGuire, a femme sole, resides in Macon County, Alabama Ellen Thornton, a femme sole, resides in Bullock County, Alabama Emily Dennis, wife of William Dennis, lives in Russell County, Alabama Jane Alford, a femme sole, lives in Russell County, Alabama Susan Dennis, a femme sole, lives in Russell County, Alabama Amelia Chapman, wife of Edward P. Chapman, lives in Russell County Edward W. Chapman, resides in Russell County, Alabama Allen Chapman, a son, in Russell County, Alabama An infant child of Eveline Dunlap,deceased,who was a daughter of Deceased, and wife of James Dunlap, who lives in Coosa County, Alabama James Chapman, lives in Panola County, Texas Elvira Braswell, wife of Cornelius Braswell, resides in Russell County,AL Sarah Ann, wife of John Kenneday*, lives in Morehouse Parish, Louisiana The minor children of Polly Kenneday*, deceased, who was a daughter of Deceased, and widow of Jesse Kennedy*, deceased; Said minor children live in Morehouse Parish, Louisiana, their number and names as well as the name of their guardian are unknown to Petitioner. The minor child of Martha Sanders, deceased, who was the daughter of the Deceased, and wife of James Sanders, who lives in Russell County, Alabama;The name of said infant child and that of guardian beingunknown. The minor children of Elizabeth Wall, deceased, and wife of E. G. Wall, living in Monroe County, Arkansas; The number and names of said children, as well as that of their guardian are unknown to Petitioner. It is therefore Ordered, that the Third Monday in December, Eighteen Hundred and Seventy-Two be set a day for hearing the said application, and the proofs which may be submitted in support of the same. It is further Ordered that due notice of the time and notice of said application be given for at least two days to the resident parties as aforesaid, and that the non-resident parties be brought into Court by publication in the Russell Examiner, that all parties in interest can appear and defend against the said application if they see proper. T. L. Appleby, Judge of Probate * Kenneday and Kennedy are misspelled in the Court record. Should read "Canady". PROBATE COURT ALLEN CHAPMAN, DECEASED NOVEMBER 27, 1872 ESTATE OF ORDER SETTING DAY & C. E. W. Chapman, Executor of the said estate, having this day filed his application in writing and under oath, praying for an order and proceedings to sell certain real estate, in said petition described, of the property of said Deceased at the time of his death, for the purpose of division, upon the ground, that the same cannot be equitably divided among the heirs of said estate; And it appearing from an inspection of said petition, that the heirs of said Deceased are his children, VIZ: Nancy McGuire, a femme sole, resides in Macon County, Alabama Ellen Thornton, a femme sole, resides in Bullock County, Alabama NEXT: Emily Dennis, wife of William Dennis Jane Alford, a femme sole Susan Dennis, a femme sole Amelia Chapman, wife of Edward P. Chapman Edward W. Chapman Allen Chapman ... all of age and reside in Russell County, Alabama THEN: An infant child of Evelina Dunlap, deceased, and was the wife of James Dunlap,resides in Coosa County, Alabama Sophia Fuller, wife of James Fuller, resides in Putnam County, Georgia James Chapman, Panola County, Texas Elvira Braswell, wife of Cornelius Braswell, Russell County, Alabama Sarah Ann, wife of John Kennedy*, Morehouse Parish, Louisiana. A Minor child of Polly Kennedy*, deceased, Morehouse Parish, LA The minor child of Martha Sanders, deceased, was the wife of James Sanders,Russell County, Alabama The minor children of Elizabeth Wall, deceased, was daughter of Deceased, and wife of E. G. Wall, Monroe County, Arkansas, whose names and that of their guardian are unknown to Petitioner. It is therefore Ordered that the First Monday in January, Eighteen Hundred and Seventy-Three be hereby appointed a day for hearing the said application and the proofs which may be submitted in support of the same. It is further Ordered that due notice of the nature of said application and the time set for hearing the same, be given at least forty days before the said day of hearing, by publication in the Russell Examiner, and by citation to be served to the resident heirs, their custodians and guardians, that they may all attend and contest said application if they think proper. T. L. Appleby, Judge of Probate * Kennedy is misspelled in the Court records. It should read, "Canady". PROBATE COURT ALLEN CHAPMAN, DECEASED DECEMBER 9, 1872 ESTATE OF IN A MATTER OF DOWER This being the day regularly appointed for hearing the petition of Sarah Chapman, praying for an allowance and assignment to her of dower in the lands described as follows, TO WIT: The East half of Section Nineteen, The North West Quarter of Section Twenty. Thirty acres off of the North East Quarter of Section Twenty; All being in Township Fourteen and Range Thirty in said County and State, containing in all Five Hundred & Ten acres. And it being proven to the satisfaction of the Court that the parties in interest, are who are particularly referred to and designated in the order of this Court entered in the premises on the Twenty-Second day of November, Eighteen Hundred and Seventy-Two, have each and all of them been duly notified of said petition, and that the matter thereof would this day be heard and determined by the Court, by publication and otherwise as required by law, and in all particulars in accordance with former order. The Court proceeds to hear the proof and to determine the right of said Petitioner to dower in the lands above set parcels, living the same described in said petition; Wherefore it appears by due proof to the satisfaction of the Court that said Petitioner is the widow of said Deceased, and that the said described was seized in fee during his marriage with the Petitioner of the several parcels of land above described, in and to which the Petitioner never relinquished her right of dower; That the dower in said lands can be justly assigned by metes and bounds. It is therefore Ordered and Decreed by the Court that the said Sarah Chapman is entitled to have an estate for her life set apart for and allotted to her in one-third of all, and singular, the lands above described, that portion of said lands being now adjudged by the Court to be her rightful dower intrust therein. It is further Ordered that for the purpose of carrying the above decree into effect, that the Sheriff of this County be directed by a writing, in due time, and to be addressed in the notice of a writ of dower, to serve man, four freeholders, not connected with any of the parties to this proceeding by an affinity, to set off and allot by metes and bounds, the said dower interest of said Sarah Chapman in said land, having regard to the improvements and quality of the land, as well as to the quantity of the dower; And to perform all other deeds required of them by law relative thereto. It is further ordered that said petition be recorded. T. L. Appleby, Judge of Probate PROBATE COURT ALLEN CHAPMAN, DECEASED DECEMBER 21, 1872 ESTATE OF IN A MATTER OF DOWER Whereas in pursuance of a decree of this Court rendered in these premises on the Sixteenth day of December, Eighteen Hundred and Seventy-Two, the following writ was addressed and delivered to the Sheriff of this County on the Eighteenth day of December, Eighteen Hundred and Seventy-Two. THE STATE OF ALABAMA IN PROBATE COURT OF RUSSELL COUNTY RUSSELL COUNTY TO THE SHERIFF Whereas it was decreed by the Probate Court of Russell County on the Sixteenth day of December, Eighteen Hundred and Seventy-Two, that Sarah Chapman is entitled to dower in certain lands belonging to the estate of Allen Chapman, deceased, and lying and being in said County, and which lands are described as follows, VIZ: The East half of Section Nineteen. The North West Quarter of Section Twenty. Thirty acres off of the North East Quarter of Section Twenty. The whole being in Township Fourteen and Range Thirty and containing Five Hundred and Ten acres. And whereas it was decreed that said dower is one-third portion of said lands; And whereas E. W. Chapman, Executor, and Sarah Chapman, and the heirs intrusted in said estate are parties to this proceeding and to such decree; You are hereby directed in pursuance of such decree to summons four freeholders, not connected with any of the parties intrusted by an affinity; To allot and set off by metes and bounds, the said dower interest, having regard to the improvements and quality of the land as well as to the quantity of the dower. And you will make due return of this writ with your proceedings thereas endorsed it as before the next term of the Probate Court to be held at the Court House of said County on the Second Monday of January, Eighteen Hundred and Seventy-Three. Witness at this office this Eighteenth day of December, Eighteen Hundred and Seventy-Two, A.D. T. L. Appleby, Judge of Probate And whereas the said Sheriff did afterwards on the Twenty-First day of December, Eighteen Hundred and Seventy-Two, return the said writ with his return therein endorsed, in writing, in words and figures following, TO WIT: n pursuance of the said writ to me directed; I, this day summoned D. B. Mitchell, E. Calhoun, Eli Stringer, and S. C. Lindsey, being four freeholders who are not connected to the parties named in said writ by affinity, to allot and set off the dower as therein specified, and before they proceeded to assign said dower, I administered an oath to each of them, impartially, and to the best of their skill and ability, to assign the said dower pursuant to the decree referred to in this writ. Witness by my hand, this Twenty-First day of December, Eighteen Hundred and Seventy- Two. S. Bunch, Sheriff of Russell County Return of action of Freeholders on December 21, 1872 to the Court. PROBATE COURT ALLEN CHAPMAN, DECEASED JANUARY 20, 1873 ESTATE OF ORDER TO SELL LANDS This being the day to which this case was regularly continued for hearing the application of E. W. Chapman, Executor in this Court of said estate for an order to sell certain lands hereafter described for the purpose of division; And upon the grounds that the same cannot be equitably divided among the devices of said estate; And that said Will does not empower said Executor to sell said lands without an order of Court; And all the parties intrusted in said application having been brought into Court by publication in the Russell Examiner, and by citations served on the resident parties, in all respects strictly according to the order of this Court made and entered in these premises on the Twenty- Seventh day of November, Eighteen Hundred and Seventy-Two. Now comes the said Executor and moves the Court, that said application be granted; And it being shown to the satisfaction of this Court, by due proof, and by the oaths of D. B. Mitchell and Eli Stringer who are disinterested witnesses, and whose testimony has been taken as in Chancery cases, and which has been filed of record in this Court; That it will be necessary to sell the lands described as follows, TO WIT: The East half of Section Nineteen. The North West Quarter of Section Twenty. Thirty acres off of the North East Quarter of Section Twenty. All being in Township Fourteen, Range Thirty; And containing Five Hundred and Ten acres. All should be sold for the purpose of division according to the prayer of said application. It is therefore Ordered, Adjudged, and Decreed that said application be granted; And said Administrator is hereby ordered to sell the above described land at public outcry in manners and methods as the law directs in such cases, after having furnished given notice for at least three successive weeks of the time, place, and times of sale, together with a description of the lands, that the said sale be made for cash and upon the late premises of the Deceased, in this County. Ordered further that said Executor make report of said sale to this Court within sixty days thereafter. T. L. Appleby, Judge of Probate THE STATE OF ALABAMA RUSSELL COUNTY Be it remembered that at a regular term of the Probate Court of said State, held for said County, at the Court House thereof in the town of Seale, on the Second Monday ( it being the Tenth day of February, Eighteen Hundred and Seventy-Three, A.D.) T. L. Appleby, the Judge of said Court presiding; The following proceedings were held... PROBATE COURT ALLEN CHAPMAN, DECEASED FEBRUARY 5, 1873 ESTATE OF ACCOUNT OF SALES This day came E. W. Chapman, and filed his account of the sale of the perishable property, and the said account having been inspected by the Court. It is now Ordered that the same be recorded for future reference. T. L. Appleby, Judge of Probate PROBATE COURT ALLEN CHAPMAN, DECEASED NOVEMBER 24, 1873 ESTATE OF AS TO CONFIRMATION OF SALE This day comes E. W. Chapman, one of the Executors of said estate, and files his report in writing and under oath, putting forth among other things, that on the Seventeenth day of November, Eighteen Hundred and Seventy-Three, between the hours of Twelve o'clock noon and Five o'clock in the afternoon, in pursuance of the law in such cases made; And in strict accordance with all and regular of the former Order and Decree of this Court, granted and entered in these premises on the Twentieth day of January, Eighteen Hundred and Seventy- Three. He proceeded and sold at public outcry on the premises in Russell County, Alabama, the lands set forth and particularly described in said former Order and Decree; That said land was purchased at said sale by Elisha Calhoun for the sum of One Dollar and Fourty cents per acre, making in the aggregate, Four Hundred and Seventy-Four dollars and Sixty cents. And it appearing to the satisfaction of the Court from said report, and from evidence therewith submitted, that said amount so bid for said lands by said Elisha Calhoun was the highest and best bid for the same; That said sum so bid was not greatly less or disproportionate to it's real value; That said sale was legally and fairly made, and that the terms of the sale were complied with by the purchaser paying the whole of the purchase money. It is Ordered, Adjudged, and Decreed that said sale be, and the same is hereby approved, and in all things ratified and confirmed by the Order and Authority of this Court. It is further Ordered that said report and all other papers on file relating to this proceeding be recorded. T. L. Appleby, Judge of Probate THE STATE OF ALABAMA ALLEN CHAPMAN, DECEASED RUSSELL COUNTY ESTATE OF REPORT OF EXECUTORS ON THE SALE OF LANDS Whereas E. W. Chapman and E. W. P. Chapman, Executors of the Last Will and Testament of Allen Chapman, deceased, duly appointed in and by said County, heretofore applied for and obtained on the Twentieth day of January, Eighteen Hundred and Seventy- Three, an Order and Decree of said Court for the sale of the land described as follows, VIZ: The South East Quarter of Section Nineteen, Township Fourteen, and Range Thirty, containing One Hundred & Sixty acres; And a part of the North West Quarter of Section Twenty, Township Fourteen and Range Thirty, containing One Hundred and Fifty acres; Also part of the North East Quarter of Section Twenty, Township Fourteen and Range Thirty, containing Thirty acres, more or less, and the whole containing Three Hundred and Thirty-Nine acres, more or less... ... which land was sold by said Executors, under and in pursuance of said Decree on the Seventeenth day of November, Eighteen Hundred and Seventy-Three, at public outcry, between the hours of Twelve o'clock noon and Five o'clock in the afternoon, to Elisha Calhoun, for the sum of Four Hundred and Seventy-Four dollars and Sixty cents, that being the highest and best bid for the same. After the time, place, and terms of sale, together with a description of the land had been given by posting written notices at the Court House door and three other public places in Russell County for the term of three successive weeks; And whereas said sale was duly reported by said Executors and on the Twenty-Fourth day of November, Eighteen Hundred and Seventy-Three, the same was confirmed by an Order of said Court. And whereas, the whole of said purchase money has been paid, and said Court upon the application of said Executors to said purchaser thereof, according to law. Now therefore, this instrument that the said E. W. Chapman and E. W. P. Chapman as such Executors as aforesaid, hath in accordance with the Order of said Court last referred to, conveyed and confirmed and by this instrument hath conveyed and confirmed to the said Elisha Calhoun, his heirs and assigns forever, all claims, rights, title, and interest which the said Allen Chapman, deceased had at the time of his death, in and to the lands aforesaid. In witness whereof the said Executors hath hereto affixed their hands and seals this, the Twenty-Ninth day of December, Eighteen Hundred and Seventy-Three, A.D. Signed, Sealed, and Delivered in the presence of A. McGehee, Notary Public, State of Alabama, Russell County E.W.Chapman E.W.P.Chapman T. L. Appleby, Judge of Probate File at: http://files.usgwarchives.net/al/russell/court/chapman102wl.txt This file has been created by a form at http://www.poppet.org/alfiles/ File size: 26.5 Kb