BARTOW COUNTY, GA - COURT ESTATE OF Isaac M. Vincent Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: BEARLYCAROL@aol.com Carol Table of Contents page: http://www.usgwarchives.net/ga/bartow.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm NOTE: The following are papers regarding the estate of Isaac M. VINCENT, son of Pleasant Hart VINCENT and Susan Elizabeth EDWARDS; husband of Martha Elizabeth “Eliza” BALLEW. Isaac M. VINCENT was born 6 Apr 1821 in Georgia and died 11 Oct 1857 in Blount County, Alabama. He was survived by his wife Eliza and children Susan Ann Elizabeth VINCENT, William VINCENT, Margaret C. VINCENT, Caroline VINCENT, Aulsey Milton VINCENT, Isaac Churchwell VINCENT, and Julie Ann VINCENT of Pine Log, Cass/Bartow County, Georgia. Later his widow and younger children joined older daughter Susan, who married Blount Countian John C. McAnally. Probate Papers of Isaac M. Vincent of Pine Log, GA From Probate Minutes, Blount County, Alabama, vol. D, 1856-1860 Page 607 Estate of Isaac Vincent Grant of Letters December 26th AD 1859 This day comes John Mcanally and files his petition in writing and under Oath praying to be appointed to the administration of said estate of alleging in his said petition that he is the soninlaw [sic] of said decedent who was an inhabitant of this state at the time of his death that he departed this life in this county and that his death has been known more than forty days leaving property in this state of about the value of three hundred dollars and probably not more to the best of petitioners knowledge information and belief and also showing in and by said petition who are the heirs and next of kin of said deceased and their respective ages use condition and residence so far as he knows and being shown by evidence satisfactory to the court that the allegations of said petition are substantially true and said John Mcanally having given bond in the sum of six hundred dollars with Edmund Mcanally and Lewis Mcanally as securities therein which bond with such [?] has been duly taken and approved as good and sufficient by the Judge of this court. It is ordered adjudged and decreed that said John Mcanally be and he is hereby appointed to administer said Estate and that the proper letters of administration do issue to him forth with. It is further ordered that said letters and petition be recorded Isaac Vincent deceased Estate of Order Setting day to hear petition for sale of land January 16th day 1860 John C. Mcanally, administrator of said estate this day filed his application in writing and under Oath praying for an Order and proceedings to sell certain real estate in said County in said petition described of the property of said deceased at the time of his death for the purpose of paying the debts due from said estate; upon the ground that the personal property of said estate is insufficient for the purpose and in appearing from an inspection of said petition that the only heirs of said deceased are his seven children, viz, Susan Ann wife of your petitioner, William Vincent, over fourteen years of age, and Margaret, Caroline, Milton, Isaac C. and Julian Vincent all under the age of fourteen years and reside with their mother Martha Eliza Vincent in the State of Georgia Cass County It is therefore Ordered that the forth Monday in February next be and it is hereby appointed a day of hearing the said application and the proofs which may be submitted in support of the same It is further ordered that the notice of the nature of said application be given and the time set for the hearing thereof be given at least forty days before said day of hearing by publication in the Pioneer a newspaper published in said County for all persons interested in said settlement to appear and contest said applicaiton Page 608 If they think proper. It is ordered adjudged and decreed by the court that G.W. Montgomery be and is hereby appointed guardian ad Litum of Margaret, Caroline, Milton, Isaac C. and Julian Vincent and that he have notice of this proceeding and the day set for hearing the same by citation to be personally served upon him. It is further ordered that a copy of said published notice be forwarded through the post office postage paid and addressed to Martha Elizabeth Vincent at Pine Log Cass County Georgia with five days after the first publication thereof. Isaac Vincent deceased Estate as to sale of lands Probate Court Special Term 27th day of February 1860 parties failing to appear it is ordered that this cause be continued to the 5th day of March next Isaac Vincent deceased Estate as to sell of lands March the 5th day 1860 This being the day appointed more than forty days since for hearing the application of John C. Mcanally administrator in this court of said estate for an order to sell certain lands herein after described for the purpose of paying the debts due from said estate and William Vincent over fourteen years of age Elizabeth Vincent widow of the deceased who are non-residents of this state having been duly brought into this court by publication in the Blountsville Pioneer a newspaper published in said county, according to the order of this court made and entered in the premises on the 16th day January 1860. Now comes John C. Mcanally administrator and moves this court that said application be granted and also comes G. W. Montgomery, who is not of [?], to said administrator nor in any way interested in this proceeding and who was heretofore duly appointed and has consented to act as guardian ad Litum to represent and protect the interests of Margaret, Caroline, Milton, Isaac C., and Julian Vincent and the said guardian ad Litum having filed his answer in writing as such guardian on the 17th day of January 1860 denying the allegations contained in said application and the said William Vincent and Elizabeth Vincent having been notified as above stated and it having been proven to the satisfaction of the court by the Oaths of John Edwards and Jonathan Burns who are disinterested witnesses, and whose testimony has been taken by deposition and upon direct and Cross interrogations as in chancery cases and which testimony has been filed of record in this judiciary that the personal property is insufficient to pay the debts of said estate and that it is necessary and will be to the interest of said estate that the lands described as follows, to wit, NW ¼ of the NW ¼ of Section no. 17 and the E ½ of the NE ¼ section no. 17 and also the S ½ of the SW ¼ Section no. 3 township no. 12 and range 2 west. Should be held for the purpose of paying the debts of said Estate according to the [?] of said application. It is therefore ordered adjudged and decreed that said application be granted and said administrator Page 609 is hereby ordered to sell the above described land at public Outcry, in a manner and form as the law directs in such cases after first giving notice for at least three successive weeks of the time place and terms of sale together with as full description of the property in the Blountsville Pioneer a newspaper published in this county said sale to be made upon the following terms, viz, on a twelve months credit from the date of sale and to be secured as the law directs. State of Alabama Blount County To John W. Moore a Justice of the Peace for the County of Blount in the State of Alabama Greetings, Here ye that we in confidence of your providence [??] and fidelity do hereby commission, authorize and require you to call and cause to come before you at such time and place as you may appoint John Edwards and Jonathan Burns witnesses on behalf of the applicant in an application now pending and for trial in the court of Probate of Blount County and State of Alabama in which case John C. Mcanally administrator of the estate Isaac Vincent deceased is Plaintiff and the heirs of said decedent is defendant and there after being duly qualified on Oath examine on interogatories [sic] exhibited by said applicant and the Cross interogatories [sic] of said heirs hereto ann----ed and such examination so taken from under your hand seal send certified to the Judge of the court of Probate of Blount County, at the term said Court house in the town of Blountsville on the 4th Monday in February next to be read in evidence in the trial of said cause. Witness John C. Gillespie Judge of Probate Court of Blount County State of Alabama at office in Blountsville this 30th day of January in the year of our lord eighteen hundred sixty and in the eighty fourth year of American Independence Issued the 30th day of January 1860 John C. Gillespie Judge of Probate Court Interrogatories to be propounded to John Edwards and Jonathan Burns in relation to the sale of land belonging to the estate of Isaac Vincent late of said county deceased Wherein John C. Mcanally administrator is plaintiff and the heirs of said estate are defendants Interogatory 1st are you acquainted with the parties to this proceeding Interogatory 2nd are you acquainted with the land described in the aforesaid John C. Mcanally petition Interogatory 3rd is said estate indebted to anyone if you answer it is to whom and how much Interogatory 4th Did deceased leave any effects except the land described in plaintiff petition and of which said indebtedings [sic] can be paid Page 610 Interogatory 5th In whom is the title to said land if you answer it is in yourself [John Edwards] do you not hold the title to said land to secure yourself in the payment of the purchase money Interogatory 6th Note anything else you know that will benefit Plaintiff W. D. Moon Atty for Plaintiff Mcanally reminds T. W. Moore Esq as to Commissioner to take deposition. W. D. Moon Atto [?] Cross Interogatories [sic] to be propounded to said Witness Interogatory 1st has the deceased no goods or chattels in said County whereof his just debts can be paid Interogatory 2nd State all you know that will benefit the heirs of said deceased G. W. Montomery Guardian ad Litum The State of Alabama Blount County I John W. Moore Commissioner named in the Commission hereto attached issued by John C. Gillespie Judge of the Probate Court of said County and State in Case of John C. Mcanally Administrator of the estate of Isaac Vincent Deceased if plaintiff and the Heirs of said decedent is Defendants do hereby certify that by virtue of said Commission and in pursuance thereof call and caused to come before one at Blountsville in said County and State on the 18th day of February 1860 John Edwards and Jonathan Burnes [sic] the witnesses named in said Commission and who being known to me and who by me as such Commissioner first duly sworn to speak the truth the whole truth and nothing but the truth de[--] and swore as follows to answers to the interogatories [sic]and Cross interogatories [sic] propounded to them, to wit John Edwards answers as follows and Jonathan Burns Interogatory 1st we are Interogatory 2nd we are Interogatory 3rd it is to John Edwards, witness in this case to the amount of eighty seven & 50/100 with interest from the 25th day of December 1858 Interogatory 4th he did not that I know of Interogatory 5th it is in Decedent, I conveyed the title to him Interogatory 6th we know of nothing more Answer Cross Interogatory 1st he has none that I know of Interogatory 2nd we know nothing further John Edwards Jonathan Burnes [sic] To John C. Gillespie Judge of the Probate Count of Blount County, Alabama I John W. Moore the Commissioner named in the Commission hereto attached hereby certify that the foregoing answers Page 611 of the witnesses John Edwards and Jonathan Burns [????] to writing as nearly as posable [sic] in the language of the witnesses and that said witnesses subscribed their names thereto as their testimony in said cause in my presence and that they are not of kin or [?] to either or any of said parties given under my hand and seal this the 18th day of February AD 1860 John W. Moore Commissioner Cost J. W. Moore for taking deposition $1.00 suppoena [sic]for 2 witnesses E.15 cts .30 N. Hudson for serving e suppoenas 25 ea .50 Witnesses John Edwards & J. Burns 1 day E.50 1.00 $2.80 The State of Alabama Blount County To the Honorable John C. Gillespie Judge of the Probate Court of said county. The petition of John Mcanally administrator of the estate of Isaac Vincent deceased respectfully represents shows unto your honor that the said Decedent left no personal property in the County out of which Certains can be paid that said decedent was owing at the time of his death your petitioner further shows unto your Honor that said decedent was indebted unto one John Edwards about Eight dollars which claim your petitioner believes is valid and just in view therefore of the afore said facts, and for the purpose of pay such indebtedness it will be necessary to sell the following lands belonging to said decedent, to wit, the NW ¼ of the NW ¼ of Section 17 Township 12 range 2 west also south ½ of the SW ¼ Section 8 Township 12 range 2 west [additional unreadable land description inserted] petitioner further shows that the heirs of said deceased are his seven children, to wit, Susan Ann Mcanally wife of petitioner resident of Blount County Alabama William Vincent over fourteen years of age Margaret Vincent under fourteen years of age Caroline Vincent under fourteen years of age Milton Vincent under fourteen years of age Isaac C. Vincent under fourteen years of age Julian all of whom reside with their mother Eliza Vincent in the State of Georgia Cass County Pine Log Post Office. Your petitioner therefore prays that the lands above described be sold for the purpose of paying the debts of said estate and that such proceeding [?] and [?] may be had and made as may be proper as necessary to legally effect the sale of said land for the purpose afore [?] your petitioner believing that it will be for the benefit of those interested by said sale that said land should be sold for part cash and part on time pray your Honor for leave to introduce proof on that point your petitioner further prays your Honor that such notices are by law required be given and that guardian ad Litum be appointed for the minor heirs of said estate and will ever pray John C. Mcanally his X mark Sworn to and subscribed Before me the 15th day of January 1860 John C. Gillespie Judge of Probate Page 612 I deny the allegations of the witness petition the 17th January 1860 G. W. Montgomery Guardian ad Litum State of Alabama Blount County Know all men by these present that we John Mcanally, Edmond Mcanally, Lewis Mcanally and held and firmly bound unto John C. Gillespie Judge of Probate for the County and State afore said in the final sum of six hundred dollars to be paid to said Judge of Probate or his successors in office to which payment will and truly to be made and done we bind ourselves and our executors and administrators jointly and severally firmly by these presents sealed with our seals and dated this 26th day of December 1859 the condition of this obligation is such that whereas the above bound in John Mcanally has been this day appointed Administrator of the estate of Isaac Vincent late of said county deceased by the said Judge of Probate for the County of afore said. Now if the said John Mcanally shall and does faithfully perform all the duties required of him by law as such administrator during the time he [?] as such then this obligation to be void else To remain in full force John Mcanally (seal) his X mark Edmond Mcanally (seal) his X mark Lewis Mcanally (seal) Approved by me this 26th day of December 1859 John C. Gillespie Judge of Probate The Sate of Alabama Blount County I John C. Gillespie Judge of the Probate Count of said County Certify that letters of administration on the estate of Isaac Vincent were of the 26th day of December 1859 granted to John Mcanally who has duly qualified and given bond as such and is authorized to administer such estate dated this 26th day of December 1859 John C. Gillespie Judge of Probate Isaac Vincent Deceased Estate of Confirmation of Sale May 26th day of AD 1860 This day came John C. Mcanally, Administrator of said estate and files his report in writing and under Oath Setting forth among other things that on Monday the 5th day of May 1869 between the hours of twelve oclock noon 5 oclock in the afternoon in pursuance of law in such cases made and in strict accordance with all and Singular the terms and requirements of the former order and decree of this court granted and interest in the premises on the 5th day of March 1860 he proceeded and sold at public Out Cry in the front of the court house in this county lands set forth and particularly described in said former Order and decree and that the NW ¼ of the NW ¼ of Sec 17 T. 12 R2, W, was purchased at said sale by A. J. Edwards for the sum of fifty dollars, the E ½ of the NE ¼ of Sec 17 T. 12 R 2, West also S ½ of the SW ½ Sec 8, T. 12, R. 2 West was John C. McAnally for the sum of one hundred and seventy five dollars, And it appearing to the satisfaction of the court and from said report and from the evidence now thereto Page 613 submitted that said amounts to bid for said land by A. J. Edwards and John C. McAnally was the highest and best bids for the land that said sums so bid was not greatly less or disproportionate to its real value that said sale was legally and fairly made conducted and concluded and that the purchase Money has been secured sufficiently and according to law and said decree of sale it is ordered adjudged and decreed that the sale be and 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 Other papers on file relating to this proceeding be recorded. The State of Alabama Blount County To the Honorable John C. Gillespie Judge of the Probate Court of the County of Blount, John C. McAnally administrator of the estate of Isaac Vincent deceased represents to your Honor that the first Monday in May it being the 5th day 1860 between the hours of twelve oclock noon and five oclock in the afternoon in pursuance of law and in complyance with a former order of this court he proceeded to sell at public Out Cry in front of the court house door of this county the land set forth and described in said order and that apart of the land, to wit, the NW ¼ of the NW ¼ Section 17, Township 12 Range 2 West was bid off and purchased by A. J. Edwards at said sale for fifty dollars and the remainder, to wit, E ½ of the NE ¼ of Section 17 Township 12 Range 2 West also the South ½ of the South West ¼ Section 8 Township 12 Range 2 West by John C. McAnally for one hundred and seventy five dollars and that said sale was in all things fairly conducted and that said land sold for a price not greatly below its real value and that said purchasers have complied with the terms of said sale and in consideration of the facts asks your Honor that said sale may in all things be confirmed sworn to and subscribed before me this 26th day of May 1860 J. C. McAnally John C. Gillespie his X mark Judge of Probate