Russell-Lee County AlArchives Court.....White, Levicy, Et Al March 1849 ************************************************ 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: Ronda Berry berrydan@comcast.net April 3, 2005, 8:39 pm Source: Russell Co Al Probate Court (lds 1295789) Vol 1, Pg 260, 267; Vol 2, Pg 21-22, 46 Written: March 1849 Levicy White Estate (female) Russell Co Alabama Probate Court, Vol 1 pg 260 LDS 1295789 March 1849 Clark Aldridge, Admr of Levicy White, decd VS The Heirs of said Estate This is a petition to sell the South west quarter of Section 16, Township nineteen, Range Twenty eight in the County of Russell. The petition was filed at the term 1849 of this Court and sets forth that the deceased died seized and possessed in fee simple of the above described land, and that the same cannot be equally, fairly and beneficially divided among the heirs of said estate without a sale thereof, and that the following are the heirs of said Estate, to wit: SARAH CORMINE, wife of HENRY CORMINE, a feme covert of full age; REUBEN WHITE of full age; REBECCA HINTON, wife of JEMMIN HINTON, a feme covert of full age; AMANDA McBRIDE, wife of JOSEPH McBRIDE, a feme covert of full age; NANCY LYNN, wife of E.H. LYNN, a feme covert of full age; EFFA WHITE, a minor; JOSEPH WHITE, an Ediot; MARY A. WHITE, a minor; WILLIAM C. WHITE, a minor; ISAAC WHITE, a minor, HARRISON WHITE, a minor, are the heirs of said estate- whereupon WILLIAM C. BARNETT was appointed guardian ad litam for the above named minors and Ediot, and citation to the heirs who are of full age in terms of the law, which citation it now fully appears to the satisfaction of the Court have been duly served upon the heirs and guardian ad- litam aforesaid in terms of the law – All of the above named heirs who are of full age have failed to appear and contest with said Administrator, hence the petition is taken as true as to them. The case then comes on there to be heard on the petition. Answer of Guardian ad-litum and proof- The petition sets forth statutory grounds that the said lands cannot be equally, fairly, and beneficially divided between the heirs without a sale- the answer of the Guardian ad litum fully denies all the allegations of the petition. The proof as deposed by witnesses NATHAN ALDRIDGE and WILLIAM DAVIS fully sustains the truths of the allegation of said petition and it results that the application must be granted. It is therefore ordered and decreed by the Court that the said Administrator proceed to sell the land above described to the highest bidder at publick out cry on a credit of at least six months at such time as he may deem fit; first giving the notice required by of the time and place of such sale. That from the purchaser thereof he shall take good nots and security for the payment of the purchase service and that he shall make full return of all his procedures under this decree within three months from the sale thereof. ************************ Russell County Probates, Vol 1, pg 267 Clark Aldridge Adm of Levicy White, decd VS Said Estate Whereas heretofore to-wit at the (?) term of this Court, A.D. 1849 a petition was filed by the said Administrator as aforesaid, setting forth that the said LEVICY WHITE departed this life seized and possessed in fee simple of the following land to –wit: the South west quarter of Section Sixteen, Township nineteen and Range twenty eight, lying and being in the County of Russell in the State of Alabama- and it appearing to the Court that the following named persons are heirs at law of the said LEVICY WHITE, decd, to wit: SARAH, formerly Sarah White, now SARAH CONIN (or Corwin?), wife of HENRY CONIN; REUBEN WHITE, of full age; REBICA HINTON, formerly Rebecca White, now the wife of J. HINTON: EFFA WHITE, a minor; JOSEPH WHITE, an Ediot; MARY ANN, a minor; WILLIAM C. WHITE, a minor all of whom reside in the County of Russell in the State of Alabama. AMANDY McBRIDE, formerly Amandy White, and now the wife of JOSEPH McBRIDE of Chambers Co, Alabama; NANCY LYNN formerly Nancy White and now the wife of E.H. LYNN of Macon Co, Alabama; and ISAAC WHITE, HEARIN WHITE (Harrison), and FRANCIS WHITE, minors and reside in the County of Macon and State of Alabama, and it appearing to the Court that it is necessary to divide the aforementioned tract of land between the heirs of the said LEVICY WHITE and that the said land cannot be equally, fairly and beneficially divided among the said heirs without a sale thereof – and it appearing to the satisfaction of the Court that the required publication has been made as required by the statute, and that citation has been served on WILLIAM E. BARNETT, Guardian ad-litum for said minor heirs as required by law and at this term of the court there being no objection made why said order should not be granted and made the final order and decree of this Court. It is therefore ordered and decreed by the Court that Clark Aldridge administrator of LEVICY WHITE, decd, have leave to sell the South west quarter of Section sixteen (16) Township nineteen (19) and Twenty-eight (28) said land lying and being in the County of Russell in the State of Alabama at publick outcry to the highest bidder at the Court House door in the Town of Cranford upon giving notice of said sale by posting up notices in three or more places in the County for forty days previous to the day of sale and by publishing the same in a newspaper for three weeks successively before such day of sale and that said Administrator make return of said sale to this Court. ***************************************** Russell County Probate Court, January 1851, Vol 2, pg 21-22 (I missed pg 21 introduction) Estate of LOVICY WHITE …of four Hundred and Nine and 40/100 dollars; for money exchanged on account of said estate as shown by vouchers or numbered from one to twenty six inclusive, leaving a balance against the said Adm of Nine Hundred and Twenty four and 40/100 dollars. It is therefore ordered that the said account of the said Adm. Stated as aforesaid or the same is hereby reported for allowance to a term of the Probate Court of said county to be held on the 2nd Monday in March next, and the said Adm at the same time of filing this account filed onto said Returns a list of the heirs of said estate which is as follows: SARAH CONINE (Corwin?), wife of HENRY CONINE; REUBEN WHITE; REBECCA HINTON, wife of SIMAN HINTON; NANCY LYNN, wife of ELBERT LYNN, all of full age; JOSEPH WHITE, a lunatic; EFFY WHITE a feme sole; MARY ANN WHITE, a feme sole; WILLIAM C. WHITE, HARRISON WHITE, FRANCIS WHITE, a feme Sole; and AMANDA McBRIDE, a feme covert, wife of JOSEPH McBRIDE of full age and all of whom reside in the County of Russell and State aforesaid, except NANCY LYNN who resides in the County of Macon and REUBEN WHITE whose residence is unknown. It is therefore ordered by the court that a citation closure to ALLEN ECLUND who is hereby appointed guardian ad-litem for such of the heirs as are minors and also that publication be made in the Alabama Journal a newspaper published in this State for forty days previous to the term of the court aforesaid then at the said term of said Court it is the intention of the said Clark Aldridge Adm as aforesaid to have his said account so stated as aforesaid presented to the court for allowance, when and when all persons interested in the settlement of said Account may appear and make exception to the same. Citation issued and order copied for A.J. January 20, 1851 ******************************* Russell County Probates, Vol 2, pg 46, Levicy White - March term 1851 Clark Aldridge, Adm of the Estate of Levicy White, decd VS the Heirs of the Estate Came this day the said Adm. And prays that his accounts and vouchers for a final settlement with said estate, examined as stated by this Judge of this Court on the 20th day of January A.D. 1851 and reported to this Court for allowance or allowed: And it appearing to the satisfaction of the Court the proof duly made that a motion of the intention of the said Admr to have his said account, so stated as aforesaid, presented to the said Court for allowance at the present term, was advertised in the Alabama Journal, a newspaper published in this State for forty days previous to the present term of the Court and by posting notices at three public places in said County for the same space of time. Another Court proceeding to a conservation of the said account, so reported at the present term for allowance and the heirs of full age, of said Estate, having been called come not to make exceptions to the final allowance of Adms account. And for the minor heirs of said Estate thereupon come Allen Eilund, who was heretofore appointed guardian ad litam for the said minor heirs, has accepted to the allowance of said account. And it appears that by the said account so stated (page 47) as aforesaid, the said Admr. Is chargable with the sum of thirteen Hundred and thirty four 11 1/2/100 dollars. And entitled to credits to the amount of four Hundred and nine 40/100 dollars, leaving a balance against the said sume of Nine Hundred and Twenty four 701//4/100 dollars. It is therefore ordered and decreed that the said account of the said Clark Aldridge, Adm, as aforesaid, be allowed as stated as aforesaid. It is further ordered that the said account of the said Admr as so stated as aforesaid be filed and recorded. It is further ordered and decreed that the said Admr proceed to make distribution of the said sum of Nine Hundred and Twenty four 71 1/4/100 dollars, among those entitled thereto, in the manner & sums following, that is to say: To HENRY CONIM and his wife SARAH CONIM, for the use of the said SARAH CONIM, the sum of Eighty four 06/100 dollars, which is hereby possessed and decreed by her distribution share; and which the said Admr is decreed to pay over to the said HENRY CONIM for the use of his wife SARAH, and for which an execution may issue. To REUBEN WHITE, a son of intestate the sum of eighty four 06/100 dollars, which is hereby possessed and decreed to his distribution share, and which the said Admr is decreed to pay over to him the said REUBEN WHITE and for which an execution may issue. To (James?) HINTON and his wife for the use of his said wife, REBECCA HINTON the sum of eighty four 06/100 dollars which is hereby possessed and decreed as her distribution share and which the said Admr is decreed to pay over to the said (Jenum/James?) HINTON for the use of her the said REBECCA HINTON, his wife aforesaid, for which an execution may issue. To ELBERT LYNN and his wife NANCY, daughter of intestate, for the use of her the said NANCY LYNN, the sum of eighty four 06/100 dollars, which is hereby possessed and decreed to her as her distribution share and which the said Admr is decreed to pay over to the said ELBERT LYNN for the use of his wife NANCY LYNN aforesaid and for which an execution may issue. To JOSEPH McBRIDE and his wife AMANDA McBRIDE, a daughter of intestate, for the use of the said AMANDA McBRIDE, the sum of eighty four 06/100 dollars, which is hereby possessed and decreed to her the said AMANDA McBRIDE as her distribution share, and which the said Admr is decreed to pay over to the said JOSEPH McBRIDE for the use of his wife REBECCA McBRIDE, for which an execution my issue. To JOSEPH WHITE, a son of intestate, a Lunatic, the sum of eighty four 06/100 dollars, which is herby possessed and decreed to him as his distribution share, and which the said Admr is decreed to pay over to him the said JOSEPH’s legal guardian when appointed. To EFFY WHITE, a daughter of intestate, a minor, the sum of eighty four 06/100 dollars, which is hereby possessed and decreed as her distribution share, and which the said Admr is decreed to pay over to the legal representative or guardian when appointed, of her the said EFFY WHITE. To MARY ANN WHITE, a minor daughter of intestate, the sum of eighty four 06/100 dollars, the sum of eighty four 06/100 dollars, which is hereby possessed and decreed as her distribution share, and which the said Admr is decreed to pay over to the legal guardian when appointed, of her the said MARY ANN WHITE. To WILLIAM C. WHITE, a minor and son of intestate, the sum of eighty four 06/100 dollars, which is hereby possessed and decreed as his distribution share, and which the said Admr is decreed to pay over to the legal guardian of the said minor when appointed. To HARRISON WHITE, a minor and son of intestate, the sum of eighty four 06/100 dollars, which is hereby possessed and decreed as his distribution share, and which the said Admr is decreed to pay over to the legal guardian of said minor when appointed. And to FRANCES WHITE, a minor of said intestate, the sum of eighty four 06/100 dollars, which is hereby possessed and decreed to the FRANCES WHITE as her distribution share, and which the said Admr is decreed to pay over to the legal guardian when appointed. And it appearing to the satisfaction of the court that the said Admr has fully (distributed?) the said estate, both of Real & of personal, It is therefore ordered and decreed by this Court that the said Admr be henceforth discharged from the further administration of the same. Additional Comments: Other People mentioned: Clark Aldridge, Administrator. Heirs: SARAH CORMINE, wife of HENRY CORMINE, a feme covert of full age; REUBEN WHITE of full age; REBECCA HINTON, wife of JEMMIN (Jeremiah?) HINTON, a feme covert of full age; AMANDA McBRIDE, wife of JOSEPH McBRIDE, a feme covert of full age; NANCY LYNN, wife of E.H. LYNN, a feme covert of full age; EFFA WHITE, a minor; JOSEPH WHITE, an Ediot; MARY A. WHITE, a minor; WILLIAM C. WHITE, a minor; ISAAC WHITE, a minor, HARRISON WHITE, a minor. WILLIAM C. BARNETT was appointed guardian Note: William C. White married Levisa Aldridge in Baldwin Co GA in 1816. File at: http://files.usgwarchives.net/al/russell/court/white77gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 14.3 Kb