Estate of Jane Dykes, Jackson County, FL File contributed for use in USGenWeb Archives by: Dan Berry, (berrydan@comcast.net). USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or publication by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ****************************************************************************************** Jackson Co Florida Court Orders 1869-1880, pg 702 (LDS 0931948) The State of Florida, Jackson County: To (??) Judge of Jackson County : Your petitioner James R. Dykes, a citizen of full age residing in the County aforesaid would respectfully represent: That his Mother, Jane Dykes, widow of James Dykes, departed this life on the 7th day of November 1878 intestate, having before her death disposed of her personal effects by gift to her children who are of the age of twenty one years, or married, except Susan F. Dykes, minor child of Jacob J. Dykes. Your petitioner, the eldest son of the said Jane Dykes, would ask your Honor to give to him letters of Administration of her estate, consisting of a tract of land of eighty acres; that the same may be sold for the purpose of division among the heirs- Your petitioner would further represent that said estate is not worth, nor can be made to be worth, the sum of two thousand dollars and therefore would ask that he may be permitted to administer said estate under the provisions of the act approved February 17th 1872, entitled an act to save small estates from wasteful costs and to facilitate the settlement thereof and as in duty bound will everyway be. 6th January 1879. James R. Dykes Sworn to an subscribed this 10th January 1879 - George F. Baltzell, Co Judge. (pg 703) County Judge Office, 10 January 1879. Having carefully read and considered the foregoing petition of Jas R. Dykes for Letters of Administration on the estate of Jane Dykes, deceased. It is ordered that the prayer be granted upon his entering into a bond with security in the sum of one hundred dollars. It is further ordered that he be permitted to settle the estate under the Act approved 17th February 1872, advertised by notice posted at the courthouse door and three or more public places to wit: Campbellton, Greenwood and Dellwood in said County of such notice as required by law. Geor. F. Baltzell, Co Judge State of Florida, Jackson County: Know all men by these present that we James R. Dykes, William H. Dyke, and Horace E. Daffin are held and firmly bound unto Geo F. Drew, Governor of the State of Florida and his successors in Office in the just and full sum of one hundred dollars for the true payment of which we bind ourselves, wherein executors, Administrators and assigns jointly and severally firmly by these presents, sealed with our seals and dated this the 10th day of January AD 1879. The condition of the obligation is such that the above bounden James R. Dykes Administrator of all and singular the good, chattel, rights and credits of Jane Dyke, deceased, do make or charged to be made, a true and perfect inventory of all and singular the goods chattels rights and credits of the said deceased which have or shall come to the hands possession or knowledge of him the said James R. Dykes, or into the hands of any person or persons for him, and the same to made, do cause to be filed in the office of the Judge of the County Court of Jackson on or before the sixth day of February next ensuing and all the goods, chattels, rights and credits of the said deceased at the time of the death of the said deceased; which at any time after shall come to the hands or possession of the said James R. Dykes or into the hands or possession of any other person or persons for him, do well and truly administer according to law and further make, or cause to be made, a true and just account of his administration when required, and all the rest and residue of said goods , chattels, rights and credits which shall be found remaining upon the Administrators account the same being first examined and allowed by the County Court of the County where the said Administration is granted and shall deliver and pay to such person or persons respectively as the said Court by their order or decree pursuant to the true intent and meaning of this Act shall appoint and direct and if it shall thereafter appear that any last will and testament was made by the said deceased and the executor was therein named do file the same in the office of the said court, making request to have it allowed and approved and the said will allowed and approved by the Court, then if the said James R. Dykes above bounden being thereunto required do order and deliver his said Letters of Administration, then this obligation to be void and of no effect otherwise to remain in full force and virtue. Signed and sealed and acknowledged in presence of James R. Dykes, W.H. Dykes, and H.E. Daffin (seal) State of Florida, Jackson County: James R. Dykes, being first duly sworn sayeth to the best of his knowledge and belief there are heirs and legal representatives of Jane Dykes in being, and that she died without a will and that he the said James R. Dykes will well and truly Administer all and singular the goods, chattels, rights, and credits which were of said deceased, make a just and true inventory of the same, pay the debts of the deceased to favor the assets of said estate will extend, and the law directs, make a fair distribution according to law, and render a true account of his Administration of the estate when thereto legally required. James R. Dykes Sworn to and subscribed before me this 10th day of January AD 1879. Geo F. Baltzell, Co Judge (Page 735) The State of Florida, Jackson County: To Honorable County Judge of said County, your petitioner James R. Dykes, heir and Administrator of the estate of Jane Dykes, would respectfully represent that his Mother departed this life on or about the 6th day of November 1878 leaving the following children surviving her, to wit: James R. Dykes, Faith Irvin, William H. Dykes, Amanda wife of Joseph Pelt, Sarah Jane wife of Horace E. Daffin, Joseph C. Dykes, Calvin Dykes, and George W. Dykes, of full age and Susan Dykes minor child of Jacob Dykes. The personal effects of said estate are inconsiderable and of little value. The said Jane Dykes at the time of her death was seized and possessed of the North west quarter of the south east quarter, and the north east quarter of the south west quarter of section (10) ten, township (4) four, Range (10) ten North and West containing eighty acres, more or less, lying and being in the County aforesaid, that land cannot be divided fairly, equitably, or profitably between the heirs aforesaid, they all being residents of said County of Jackson and State of Florida. Your petitioner would therefore ask your honor to make such order or orders as are or may be necessary to perfect a sale of said land for the purpose of equitable division among the aforesaid heirs and devisees, and are in duty bound be - James R. Dykes Sworn to and subscribed before me the 7th day of Febry 1879 Geo F. Baltzell County Judge Before me personally came Robert J. Pittman and Frank Philips, who being duly sworn say that they well acquainted with the land described in the foregoing petition of James R. Dykes Adm. Of Jane Dykes, dec'd, and that the representation made touching the division of said land are true, and that they do avert that it is impracticable to divide into proper proportions, so as to make the division equitable and just. Frank Philips Robt J. Pittman (Pg 736) The State of Florida, Jackson County: To Faitha Irwin, William Dykes, Amanda wife of Joseph Pelt, Jane wife of Horace E. Daffin, Joseph Dykes, Calvin Dykes, and George Dykes of full age and George A. Baltzell, guardian ad-litem of Susan Dykes, minor child of Jacob Dykes, deceased…Greeting: You and each of you are cited to appear before me at my office in the courthouse at Marianna, Jackson County, Florida on Monday the 20th day of March 1879 to answer and show cause if any of you have why the petitioner James R. Dykes, Admr of the estate of Jane Dykes, deceased, asking for the sale of the land belonging to said estate lying in the County and State aforesaid for distribution among the heirs and devisees of said estate should not be granted. If you fail to appear, a decree will be entered against you by default. Given under my hand and seal of Office this 17th day of February 1879. Geo F. Baltzell I hereby acknowledge service of the within writ and consent the lands be sold for distribution to the heirs. 18th February 1879 James R. Dykes, Faitha Irwin, H.E. Daffin, Sarah J. Daffin, W.H. Dykes, George Dykes, Calvin Dykes, J.C. Dykes, Amanda Pelt, Joseph Pelt. I acknowledge the service of this writ - Geo A. Baltzell, guardian as-litem of Susan Dykes, minor child of Jacob Dykes, deceased. The answer of Geo A. Baltzell by order of this court guardian ad-litem of Susan Dykes, minor child of Jacob Dykes, deceased, to the petition filed in this cause says the facts set forth in said petition for sale and distribution of said land, are untrue and suppositions and this respondent on behalf of said minor heir requires strict and ample proof by competent witnesses of the allegations therein stated, and having answered as the law requires prays to be disposed with reasonable care. March 20th 1879. In the County Court of Jackson County, State of Florida, Marianna, 21st March 1879 James R. Dykes Admr estate of Jane Dykes, deceased, petitioner, viz: James R. Dykes, Faitha Irwin, Horace E. Daffin and Sarah. J. Daffin, his wife, and William H. Dykes, George W. Dykes, Calvin Dykes, J.C. Dykes, Joseph Pelt and Amanda Pelt his wife and Geo A. Baltzell, guardian-ad-litem of Susan Dykes, minor heir of Jacob Dykes, deceased, represents - This cause came to be heard from the petition of the Administrator, the answer of respondents consenting to the sale of the land, for distribution and the answer of the guardian ad-litem in terms of the law, and the affidavits of Frank Philips and Robert J. Pittman credible sources pertaining the facts as stated in the petition and the impracticability of division equal and just. Upon consideration whereof it is ordered, adjudged and decreed that the lands, tenements and hereditaments set forth and decreed in said petition be sold at public outcry for cash before the courthouse door in the town of Marianna in said County of Jackson to the highest and best bidder within the usual hours of sale on Monday the twenty eighth day of April 1879. It is further ordered, adjudged and decreed that George A. Baltzell be appointed commissioner to sell said lands, and that he advertise a sale of the same until the day of sale, and by posting a notice of the same as the law directs. It is further ordered adjudged and decreed that the said Commissioner sell said land in such lots or tracts as he may deem to the interest of the heirs of said deceased, and that he make or deed over to the purchaser or purchasers on the payment of the sum of money for which said lands were sold. It is futher ordered adjudged and decreed that said commissioner retain the money in his hands until the further order of the Court. Geo F. Baltzell, County Judge Geo A. Baltzell, Commissioner appointed by your honor to sell the lands belonging to the estate of Jane Dykes, deceased, respectfully reports that he advertised said lands for sale on the 28th April 1879, that on that day the lands were sold… (more I did not copy).