Tallapoosa County AlArchives Court.....Young, John H.  September 26 1883
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File contributed for use in USGenWeb Archives by:
Julie Coley neatstuffgifts@aol.com May 15, 2004, 10:41 am

Source: Estate Records 1840-1915 Fhl Us/can Film 2224444
Written: September 26 1883

B.P Young admin }                             In Probate Court

of the Estate of }                            Of Tallapoosa

John H Young dec'd }                          County Alabama

         vs }

Alice L Young Et al }

Heir at Law of said dec'd }

 

John Wicker a witness in behalf of the plaintiff having been duly sworn 
disposite and says so first Interrogator,

 

Witness says he is acquainted with the children of said John H Young deceased 
and acquainted with his Sophia Young widow of said deceased and was well 
acquainted with John H Young in his lifetime

 

To the second Inter

Witness says that he is acquainted with the land inquired after but that he 
does not know the sectional and fractional subdivisions there of but knows that 
said deceased resided on a portion of said lands known as the Young lands on 
the Tallapoosa river at Youngs ferry in Tallapoosa county Ala and believes the 
same to be the identical lands described in said second interragatory and there 
were three of the said Young children who had use interest in said lands to wit 
B P Young said John H Young and Martha C Young who is dead and from information 
learns that each of them had an undivided one third interest in said lands and 
this information was derived from said partie who claimed to own their ___ 
interest in said lands to with the said Youngs who have occupied and controlled 
said lands for the last fifteen years.

 

To the 3rd Inter

Witness says that said lands could not be divided equitably among the heirs at 
law of said John H Young without a sale especially his undivided one third 
interest therein that said lands are so situated that are equitable division 
could not be made among said heirs

 

To the 4th Inter

Witness says that for fifteen years he has known B P Young and the said John H 
Young deceased (the following was crossed out: and Martha C Young who is now 
dead and was the wife of Mr Ben Young) and knows that each of them claimed a 
third interest in said lands and has heard them state that their sister Martha 
C Young owned also a third interest in said land

 

Attest                              John Wicker

 

John A Terrell

Elijah Baker a witness also for the said Plaintiff having been duly sworn 
deposith and says

 

To the first Interogative,

Witness says that he is acquainted with the children and widow of said John H 
Young deceased and knew said deceased in this ____

 

To the 2 Inter

Witness says that he is well acquainted with the lands inquired after and that 
said John H Young had and owned an undivided one third interest in said land as 
well as a third interest in the ferry priveleges in the ferry on the Tallapoosa 
river in Tallapoosa county Ala known as the "Youngs Ferry" and that he had one 
brother and one sister and that each of them claimed a third interest in said 
lands.

 

To the 3rd Inter

Witness says that the interr of said John H Young deceased cannot be equitably 
divided among the children of said deceased without a sale thereof of the said 
lands 

 

To the 4th Inter

Witness says that having know said John H Young deceased and B P Young as well 
as their brother in law Ben Young for the past twenty years have frequently 
heard them owned a third interest in said lands and that the same are so 
located that it cannot be equitably divided without a sale for ____ ____

 

Attest                                     Elijah Baker

 

John A Terrell

I the commissioner in said commission named do hereby certify that the evidence 
of the witnesses John Wicker and Elijah Baker was taken down under oath and 
subscribed by them in my presence of the 26th day of September 1883 at 
Dadeville in the county of Tallapoosa and State of Alabama and that I have 
personal knowledge of each of said witnesses and that I am not of counsel nor 
of kin to any of the parties to the cause nor in any manner interested in the 
result thereof witness my hand and seal this 26 day of September 1883

 

                                          John A Terrell

                                          Commissioner



Additional Comments:
There are MANY records on this roll of microfilm pertaining to Benjamin Young 
and his families disputes of the distribution of his property. About 1/3 of the 
large roll of microfilm pertains to Benjamin Young

This file has been created by a form at http://www.genrecords.org/alfiles/

File size: 4.9 Kb