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Will & Estate of

Richard Fancher

Submitted by Paula Fancher

His will was written on June 22, 1847....

Richard Fancher died on August 21, 1849....

His will was recorded on Sept. 3, 1849.....


The State of Alabama

Bibb County

I Richard Fancher of the county and state aforesaid do hereby make and ordain this to be my last Will and Testament.

Item 1st It is my will and desire that all my Estate both real & personal be set up and sold to the best advantage by my Executor hereinafter named (except a Negro girl by the name of Elaina & the following distribution made of the proceeds thereof.

Item 2nd It is my Will that five hundred dollars of the proceeds of the sale be put at interest for the use and benefit of the children of my deceased daughter Polly Davis until the youngest of them becomes of age then the principal & interest to be equally divided amongst them.

Item 3rd To my grand son James M. Fancher I give one hundred & fifty dollars but it is my will that out of that sum my Executor shall pay my son, Elijah Fancher, one hundred and eighteen dollars. This being a sum of money that he has had & received of my said son, Elijah, the ballann/bullann being thirty two dollars which I wish to be paid by my Executor as soon as convenient.

Fouche

______

David
Richard

Benjamin

Richard

Will


Page 2

Item 4th To my two grand daughters Mary Ann & Eliza daughters of my son, Henry Fancher, deceased. I give one hundred and fifty dollars each also to be paid by my Executor as soon as convenient.

Item 5th To my beloved wife, Mary Fancher. I gave the girl Elaine, above named and the one eight part of the sale of my Estate after the above Legacies & expenses are deducted during her life or widowhood at the expiration of which the said Negro girl I wish sold by my Executor to the best advantage & the amount which sale of said girl together with the one eighth part of the sale of my estate to be equally divided amongst my sons John, James, Elijah & Jeremiah & my daughters Sally, Nancy & Becky.

Item 6th I give unto my sons John, James, Elijah & Jeremiah Fancher & my daughters Sally Fonville Nancy Boaze & Becky Pool each the one eighth part of the sale of or amount of sale of my estate after the above Legacies & all expenses are taken out.

Item 7th It is my will that three hundred dollars be taken out of Becky Pools part (the amount Jason Pool is owing me) & equally divided among the other seven shares.

It is my will and desire that out of my daughter Sallys share that my grand children Richard Fonville, Mary Lindsey & Wesley Fonville children of my said daughter Sally, draw their proportionable part of her Legacy out of my Executors hands as soon as convenient.

Fouche

______

David

Richard

Benjamin

Richard

Will


Page 3

I appoint Henry Carlton my Executor to this my last Will and Testament.

In Witness whereof I have hereunto set my hand and seal this 22nd, June, 1847. The word Sally enter lined before signed.

Signed in presence of us Richard x Fancher, seal

E. M. Carlton

A. A. Carlton

Wm. L. Camp

Elisha Fancher

Benjamin Fancher

Fouche

______

David

Richard

Benjamin

Richard

Will


Page 4

The State of Alabama

Bibb County

Personally appeared before me the undersigned an acting Judge of Bibb County Court, the above named Edward M. Carlton, Elisha Fancher, Benjamin Fancher three of the subscribing witnesses to the foregoing Will who being first duly sworn deparath and saith that they saw Richard Fancher whose name is subscribed there to sign seal and declare the same to be his last Will and Testament that they these deponants subscribed their names as witnesses hereto in the presence of the said testator & that they saw A. A. Carlton & William L. Camp the other subscribeing witness sign the same in the presence of the said Testator & in the presence of each other on the day & year therein named

It is therefore ordered adjudged and considered by the Court that the said Will be and the same is established as the last Will & Testament of said Testator & admitted to probate as such & ordered to be recorded.

Given under my hand this 3rd day of September, 1849.

William Caddell, Judge of Bibb County Court

Fouche

______

David

Richard

Benjamin

Richard

Will


Page 5

The State of Alabama

Bibb County

Know all men by these presents that we Henry Carlton, Edward M. Carlton, Elijah Fancher and J. N. Smith one held and firmly bound unto Willlam Caddell, Judge of Bibb county Court for the time being and his successor in office in the penal sum of sixteen thousand dollars for the true and faithful payment of which will and truly to be made we bind ourselves each of us our Heirs Executors and administrators jointly severally and firmly by these

presents sealed with our seals and dated this third day of September AD, 1849

the condition of the above obligation is such that whereas the above bound Henry Carlton has been appointed Executor of the last Will and Testament of Richard Fancher, late of said county, deceased -

now if the said Henry Carlton shall will and truly execute and discharge all the duties which are or may be by Law required of him as such Executor then the above obligation to be paid else to remain in full form and effect Witness our hands and seals day and date above.

Jno. W. Sutter, Clk H. Carlton

seal

E. M. Carlton seal

Elijah Fancher seal

approved & ordered to be recorded this 3rd September, 1849

William Caddell, Judge Bibb County Court

Probate

David

Richard

Benjamin

Richard

Court


Page 1

The State of Alabama

Bibb County

Probate Court Special Sitting, May 6th, 1853 Page 142

This day came Henry Carlton executor of the Last Will and Testament of Richard Fancher, deceased and filed his resignation as Executor of said Estate which is record by this Court and ordered that said Executor be discharged.

Then came Edward M. Carlton and moved this Court for Letters of Administration with the will ______ of the Estate of Richard Fancher, deceased,

and this Court operating thento therefrom came the said Edward M. Carlton togather with Charles P. Lindley (or Findley), Henry Carlton his securities and executor into and acknowledged then bond in the _____ sum of two thousand dollars ($2,000) conditioned according to Law which is approved by the

Court and ordered that letting of administrator


Page 143

with the will ______ to the said Edward M. Carlton in due form of Law.

It is ordered by the Court that Jonathan N. Smith and D. P. McMillon be and they are hereby appointed appraisors of all the goods and chatts property and effects of the Estate of Richard Fancher, deceased, that has not been administered

who on oath will proved to make a perfect inventory and appriasment of all the property that may come to them and acknowledge __ be shown there by the administrators and make due return to this office as required by Law.

Fouche

______

David

Richard

Benjamin

Richard

Court


Page 2

The State of Alabama Probate Court

Bibb County

Special Term

August the 20th, A.D. 1853

Pg. 186

This day came Edward M. Carlton adminstrator with the will assesed of the Estate of Richard Fancher, deceased,

and returned on oath an inventory and appraisal of the property that was in the possession of Mary Fancher (she died 02-19-1853), died who was the widow of the said Richard Fancher, deceased, at the time of her death which is record and admited to record.

---------------------------------------

This day came Edward M. Carlton administrator with the will assesed of the Estate of Richard Fancher, deceased, and presented his petition to the Court represenative of the Court that in the Last will of the said Richard Fancher

he bequeathed to his wife, Mary Fancher a negro girl by the name of Eland/Elana, one eighth part of the balance of his estate after paying certain legacy and expenses but before the distribution of the estate of the _______ the said negro Eland/Elana died

and at the sale of the personal estate of said _____ Mary Fancher, widow of the testator purchased at the sale of the personal property a negro woman by the name of Chany/Chaney and that the said Mary Fancher, widow, has since died leaving the said negro woman Chany/Chaney and some other property

and that the ______ in the fifth item of his Last Will _________ his Executor at the death of his widow to sell said negro woman and the records of the sale and the one eighth part given to her to be divided among some of his children and asks the Court for an order authorising him to sell said negro and other property to make distribution among the ______ heirs as _______ in the said Last Will.

Fouche

______

David Richard

Benjamin

Richard

Court


Page 3

(page 187 - cont.)

(Aug. 20, 1853)

It is ordered by the Court that Edward M. Carlton administrator aforesaid

proceed to sell to the highest bidder on at least six months credit -

the said negro woman and other property after first giving the notice required by law of administrators and

decrease the amount of said sale by ____

and good security and make due return to this office as required by law.

Jno. W. Suttle, Judge of Probate

Fouche

______

David

Richard

Benjamin

Richard

Court


Page 4

The State of Alabama

Bibb County

Probate Court Special Term, October 31st, A.D. 1853

Jno. W. Suttle, presiding

This day came Edward M. Carlton administrator of the will annexed of the Estate of Richard Fancher, deceased, and returned on oath an apc of the sales of a negro woman to make ________ among the heirs of said deceased according to the Last Will & Testament of said ________ which is receid, examined and admited to record.

Fouche

______

David

Richard

Benjamin

Richard

Court


Page 5

Probate Court Special Term,

April 21st, 1856 Page 150

This day and notice having been given by publication in the Montvallo Herald, a newspaper printed in the town of Montavalo for three weeks (and over)

notifying all persons interested to appear on this day and contest said acpt - if they thought proper and no persons appraising to contest said acpt -

the law's allowed as stated in which the administrator charges him self of having in his hands record from sale of negro woman interest & the sume of

Nine hundred and forty one dollars & 86 cents (941.86) and

claims credits for monies paid out for use of said Estate Court costs & allowances to administrator the sum of one hundred and seventeen dollars & 16 cents (117.16) which being deducted from the amount of receipts

leaves in the hands of the administrator the sume of eight-hundred and twenty four dollars and 70 cents (824.70)

and it appearing to the Court by a list of heirs filed that the deceased left four (4) full heirs and eighteen (18) collateral heirs entitled to distribution under the will to wit:

John Fancher,

Jermiah Fancher,

Nancy Boaze, wife of Zedkijah Boaze,

Rebecca Pool, wife of Jason Pool;

Noah H. Fancher,

Pleasant M. Fancher,

Henry F. Fancer and

Elizabeth Smith, wife of E. C. Smith,

children of James Fancher, died and

Lawrence D. Fancher,

Early Fancher,

Henry C. Fancher,

Thomas Fancher,

Mary A. Fancher and

Nancy Fancher, children of Elijah Fancher, died.

and Richard Fonville,

A. J. Fonville,

Franklin Fonville,

Wesley Fonville,

Rebecca Fonville,

Mary A. Lindsey, wife of William Lindsey, and

Leonidas Carter, child of Elizabeth Carter,

Fouche

______

David

Richard

Benjamin

Richard

Court


Page 6

_______ Elizabeth Fonville and

children of Sarah Fonvile.

Also and it appearing to the Court ___ a distribution that each of the

full heirs share is one hudnred and seventten dollars & 81 cents

and that the children of James Fancher are intitled to twenty-six dollars & 57 cents each

and that the children of Elijah Fancher and Sarah Fonvill are each intitled to sixteen dollars & 83 cents as their distrituion shares of said estate.

It is ordered and decred by the Court that Edward M. Carlton pay to Jermiah Fancher the sume of one hundred and seventeen dollars and 81 cents and to

John Fancher the sume of one hudnred and seventeen dollars &81 cents and to

Zedeijak Boaze and his wife, Nancy Boaze, for the use of his wife Nancy the sume of one hundred and seventeen dollars and 81 cents

Fouche

______

David

Richard

Benjamin

Richard

Court


Page 7

Probate Court

Special Term

April 21st, 1856

starts off at the top of a page -

P. M. Fancher, H. F. Fancher, Elizabeth Smith, wife of E. C. mith all of lawful age & reside in Bibb & Shelby County Ala

children of Elijah Fancher L.D. Fancher & Early Fancher of lawful age H. C. Fancher, Thomas Fancher, Mary A. Fancher, Nancy A. Fancher, - Susan Fancher minors reside in Bibb Co Ala

children of Sarah Fonvill - Richard Fonvill, A. J. Fonvill Franklin Fonvill, Westly Fonvill all of lawful age nonresidents Mary A. Lindsey, wife of William Lindsey of lawful age reside in Shelby Co. Rebeca Fonvill, Lemidas Carter, child of Elizabeth Carter non residents and minors

sworn to and subscribed before me this 27th March, 1856.

Jno W. Suttee, Judge of Probate
E. M. Carlton

Estate

Fouche

______

David

Richard

Benjamin

Richard


Estate

Page 1

(pg. 405)

Probate Court

Special Term

April 21, 1856

The State of Alabama

Bibb County

Edward M. Carleton, administrator, with the will assexed of the Estate of Richard Fancher, deceased, to dispose of the property in the hands of Mary Fancher, widow of the Said Richard Fancher at the time of her Death makes this as his acpt for allowances final Settlement of Said Estate the administrator charges him Self with the amount Sales 600.00

Interest on same 94.30

Cash on hand at the time of Death 191.92

Interest 39.64

Cash from Z. Boaze 16.00

941.86

The administrator Claims Credits for monies paid out for the use of Said Esate on dets of

1 paid attorneys Sarret & Chcklvainae (?) 34.70

Paid for mooving property from

2 Talladega County 10.00

S. M. Doake medical acpt 2.00

allowance to administrator 50.00

Court Costs of administration 20.46

117.16

Fouche

______

David

Richard

Benjamin

Richard


Estate

Page 2

The State of Alabama

Bibb County

Personally appeared before me Jno. W. Suttle, Judge of Probate for

Said County

E.M. Carleton, adm. of the will assnexed of the Estate of Richard Fancher, decd.,

and after being Sworn says that the ___________ acpt is Just as Stated as to Receipts and disbursments and that he has accounted to the Estate for all the Interest due the Estate & that the following is a list of heirs entitled

distribution viz.

John Fancher, of lawful age,

resident of Mississippi;

Jeremiah Fancher, of lawful age,

resides in Louisiana;

Nancy Booze, wife of Zed Booze,

resides in Talladega County, Ala;

Rebeca Pool, wife of Jason Pool;

children of James Fancher, decd;

Noah H. Fancher


Inventory

The inventory and appraisment of the Estate of Richard Fancher, dec.

1 Negro boy named - Alford 750.00

1 Negro boy named - Levi 700.00

1 Negro boy named - Isaac 650.00

1 Negro woman - Peggy & two youngest children

named Pufs/Prifs & Polly 800.00

1 Negro woman - Chaney/Chanly 600.00

1 Negro girl - Jane 400.00

1 Negro boy - Henry 600.00

1 Negro boy - David 500.00

1 Negro girl - Amanda 400.00

1 Negro boy - Frank 350.00

1 Negro boy - John 300.00

1 Negro girl - Damams/Damamis 250.00

1 Negro girl - Patsey 250.00

$6750.00

2 steer 18$ 16 head of other cattle $50.00 68.00

30 head hogs $1.50 45.00

14 do do * .75 10.50

1 roan mare 52.50

1 dark bay mule $60.00 = 112.50

1 waggon & stretchers 45.00

1 gray horse mule-$30 pr; 1 white mule/(mare) $10 40.00

$321.00

* shown in a book at the library as

14 head hogs @ .756 - evidently do do means ditto ditto

Fouche

______

David

Richard

Benjamin

Richard


Inventory

Page 2

1 large pot ware & 1 pr hooks 5.00

2 scytheing cradles $5.00 & 2 water pails 2/ 5.50

5 asces (axes) $550; 2 iron wedges & drawing knife $425 1.25

3 plough stacks/stocks & hoes & 1 harrow 4.00

5 plough gears $500 & 2 mattocks; 4 hoes $250 7.50

1 lot of plough hoes $600; 5 clives & single/singer

trees $300 9.00

l large lot of old iron 5.00

122 lbs iron $600/610; 1 pr steel yards $125 7.35

1 raw hide $1.00; 1 cutting hose/bone $200 3.00

3 empty barrels $750; 1 coffee mill $1.25 2.00

1 saddle $1.00 or $10.00; 1 half bushel .25 10.25

3 guns & 2 boxes $1.25; 2 spinning wheels $4.00 5.25

1 wood clock $10.00; 1 fine shovel .50 10.50

1 small shot gun $500; 1 pr fine dogs $1.25 6.25

1 lot books/bowls $3.00; 2 jugs & tea kettle $2.25 5.25

1 wash pan & tribbet .50; 2/5 chairs $1.25 1.75

1 slab & furniture $300; 2 tables $2.00 5.00

2 sets knives & forks $200; 3 empty barrells .75 2.75

1 chest $1.00; 1 trunk $1.00 2.00

1 bed, bedstead/bed stand & furniture 130.00

1 do, 1 do, & do * 15.00

1 do, 1 do, & do * 15.00

10 bushels oats, more or less, in the sheaf 5.00

3500 bundles of fodder $100 35.00

6/or 11 head sheep $600; 1 side saddle $10.00 16.00

* evidently means - ditto ditto

The State of Alabama We the undersigned appraisers appointed Bibb County by the Orphans Court of said county do certify the above inventory and appraise- ment is correct so far as has been shown us by the Executor. Given under our hands this the 18th day of Sept., 1849

John Gray

Thomas B. Bankston

Mich (Michael) Branner

Elisha Fancher

Fouche

______

David

Richard

Benjamin

Richard


Inventory

Page 3

The State of Alabama

Bibb County

I do hereby certify that the above __________ whose names are subscribed was duly sworn before me __________ under my hand this the

8th day of September, 1849.

C. F. Clabaugh

Justice of the Peace

sworn to & subscribe before me this the 11th day of Sept. A.D., 1849...... Jno. W. Suttle, Clk.

__________ ___________ accepted & ordered to enter of record this

19th day of Sept. 1849.

Wm. Caddell, Judge of Bibb County


Estate Sale

The following is the amount of the Second sale of the Estate of Richard Fancher, decd, consisting of Negroes

January 1st, 1850

Leroy McGuire 1 waggen 40.00

M. Branner 1 raw hide 2.00

E. M. Carleton 2 axes 1.37

James Fancher 2 iron ________ 1.20

Elisha Fancher 1 large kettle .52

H. _. Fancher 2 boins (?) .75

M. Branner 1 large pot & 1 bone (?) 1.50

James Fancher 1 large pot and bone (?) 1.40

Elzy Veasey 1 set tools 1.10

H/W. _. Fancher 1 pided cow and calf 11.50

H/W. _. Fancher 1 red cow and calf 10.00

Jasper Wood 1 negro boy, Alfrod/Alfred 900.00

Jason Pool 1 do do, Isaac 730.00

Mary Fancher (widow) 1 do girl, Chaney 875.00

Jason Pool 1 do girl, Lann/Dann 580.00

Jeremiah Fancher 1 do boy, David 650.00

Z. Boaz 1 do girl, Amanda 477.00

Z. Boaz 1 do boy, Frank 471.00

Jeremiah Fancher 1 do girl, Patsey 350.00

Wm. D. Boaz 1 do do, Prip 225.00

James Fancher 1 do boy, Henry 300.00

Jas. Fancher 1 do girl, Damans 200.00

Jason Pool 1 do boy, John 255.50

Charles Carter 1 do boy, wife & child 982.00

Samuel Fancher 1 spin wheel; _ chairs & walnut table 3.03

M. Branner 1 ____ .30

Elisah Fancher 1 pair fine dogs 2.00

E. C. Smith 1 pins labb (?) 1.00

J. B. Davis 1 cutting box 2.50

_. Carleton 38 bushesl corn 43 17.04

Fouche

______

David

Richard

Benjamin

Richard


Estate Sale

Page 2

(Richard Fancher died on Aug. 21, 1849)

Orphan Court

Februy 4th, 1850

Page 416

List of sale of the Estate of Richard Fancher. came this November 5th, 1849:

E. M. Carlton 4 head of hogs, 1st choice 4.00 16.__

Michael Branner 4 head of hogs, 2nd choice 3.40 13.60

Elijah Fancher 4 do do 3rd choice 2.00 8.00

William Lindsey 4 do do 4th choice 2.00 8.00

Elijah Fancher 4 do do 5th choice 1.80 7.20

Elijah Fancher 4 do do 6th choice 1.25 5.00

E. M. Carlton 4 do do 7th choice 1.20 4.80

Elijah Fancher 4 do do 8th choice 1.00 4.00

Elijah Fancher 7 do do 9th choice 1.00 7.00

R. McClain 1 white back steer (?) 8.00

G. _. Johnson 1 white back cow & yearling 5.37

Richard Lindsey 1 black headed cow & calf 5.50

William Nichloes 1 red cow & calf 10.12

James Fancher 1 red heiffer 6.60

P. M. Fancher 1 cow & yearling 11.18

P. M. Fancher 1 black headed steer 3.35

Richard Lindsy 1 red headed steer 3.12

James Fancher 1 red sided (?) steer 4.15

Elisha Cottingham 1 roan mare 78.00

Elijah Fancher 1 bay mule 71.00

Charles Carter 1 gray mule 36.00

Abel Gentry 1 white mule 11.00

Wesley Fonvill 1 lot plows 1.12

Henry Haggard 1 do do 1.12

Josiah Johnson 1 do bells .65

Jonathan Ware 1 do old irons 2.80

Elisha Fancher 1 mans saddle 8.00

Lionel Johnson 3 plow stacks 1.50

Larkin Martin 6 mudinghas (?) 1.00

Fouche

______

David

Richard

Benjamin

Richard


Estate Sale

Page 3

(sale cont.-11-05-1849)

Larkin Martin 1 iron tooth harness; 2 mollax 1.55

Jonathan Ware 2 set grey (gres/gee-?) 4.45

C. F. Clabaugh _ set ___________ 3.60

C. F. Clabaugh 1 set samills & water pails 1.75

R. Glop 1 soythenig cradle .31 1/4

Benjamin Fancher 8 bushes oates .63 5.04

J. N. Smith __ _______ seed cotton 230 96.54

John __________ 100 bushel corn .43 43.00

John __________ 50 do do .42 1/2 21.25

G. M. ________ __ do do .42 1/2 21.25

M. Branner __ do do .43 21.50

P. Wallace 50 do do .43 1/2 21.75

M. P. _________ 50 do do .42 1/2 21.25

Elias _________ 50 do do .43 21.50

Elijah Fancher 248 acres land 589.00

Wesley Fonvill 1000 bundles fodder 96 9.60

wherever there is a do/do = ditto

Fouche

______

David

Richard

Benjamin

Richard


Estate Sale

Page 4

Orphan Court Regular Sitting - Febry 4th, 1850

Page 417

G.M. Johnson 1000 bundles of fodder .92 8.30

Elijah Fancher 1 shot gunn 5.20

Michael Branner 1 br steelyards .80

Mary A. Lindsey 1 feather bed & stool 17.00

James Fancher 1 wood clock 5.00

Thomas Bankston 1 chest ----

E. M. Carlton 2 raw hides 1.85

M. A. Lindsey 1 trunk .75

Larkin Martin 2 head sheep @.80 1.60

Larkin Martin 21 do do .83 3.60

Elijah Fancher 1 pair shucks (?) .50

H. Carlton 1 lot gun .75

Total $1281.82

Sworn to and subscribed before me this 31 day of Jany, 1850

H. Carlton....

Jno. W. Suttle, Clk.

The State of Alabama Feby 4th, 1850

Bibb County Orphans Court Regular Sitting

Received __________ & ordered to

________ to ______ of record.

A. D. Calhoun, Judge of Bibb County

Fouche

______

David

Richard

Benjamin

Richard


Estate Sale

Page 5

Sworn to & subscribed before me this the 11th day of April A.D., 1850

John W. Suttle, Clk.

The State of Alabama Orphans Court

Bibb County Special Sittings

April 12 A.D., 1850

Received examined & ordered to be entered of record this

April 12, A.D., 1850

W. D. Calhoun

Judge of Bibb County

Letters


Page 1

The State of Alabama

Bibb County

Probate Court

Special Sitting, May 6th, 1853

Page 142

This day came Henry Carlton executor of the Last Will and Testament of Richard Fancher, deceased and filed his resignation as Executor of said Estate which is record by this Court and ordered that said Executor be discharged.

Then came Edward M. Carlton and moved this Court for Letters of Administration with the will ______ of the Estate of Richard Fancher, deceased, and this Court operating thento therefrom came the said Edward M. Carlton togather with Charles P. Lindley (or Findley), Henry Carlton his securities and executor into and acknowledged then bond in the _____ sum of two thousand dollars ($2,000) conditioned according to Law which is approved by the Court and ordered that letting of administrator

Page 143

with the will ______ to the said Edward M. Carlton in due form of Law.

It is ordered by the Court that Jonathan N. Smith and D. P. McMillon be and they are hereby appointed appraisors of all the goods and chatts property and effects of the Estate of Richard Fancher, deceased, that has not been administered who on oath will proved to make a perfect inventory and appriasment of all the property that may come to them and acknowledge __ be shown there by the administrators and make due return to this office as required by Law.

Fouche

______

David

Richard

Benjamin

Richard


Letters

Page 2

The State of Alabama Probate Court

Bibb County

Special Term

August the 20th, A.D. 1853

Pg. 186

This day came Edward M. Carlton adminstrator with the will assesed of the Estate of Richard Fancher, deceased, and returned on oath an inventory and appraisal of the property that was in the possession of Mary Fancher (she died 02-19-1853), died who was the widow of the said Richard Fancher, deceased, at the time of her death which is record and admited to record.

---------------------

This day came Edward M. Carlton administrator with the will assesed of the Estate of Richard Fancher, deceased, and presented his petition to the Court represenative of the Court that in the Last will of the said Richard Fancher he bequeathed to his wife, Mary Fancher - a negro girl by the name of Eland/Elana, one eighth part of the balance of his estate after paying certain legacy and expenses but before the distribution of the estate of the _______ the said negro Eland/Elana died and at the sale of the personal estate of said _____ Mary Fancher, widow of the testator purchased at the sale of the personal property a negro woman by the name of Chany/Chaney and that the said Mary Fancher, widow, has since died leaving the said negro woman Chany/Chaney and some other property and that the ______ in the

Fouche

______

David

Richard

Benjamin

Richard


Letters

Page 3

fifth item of his Last Will _________ his Executor at the death of his widow to sell said negro woman and the records of the sale and the one eighth part given to her to be divided among some of his children and asks the Court for an order authorising him to sell said negro and other property to make distribution among the ______ heirs as _______ in the said Last Will.

page 187 - cont.

Aug. 20, 1853

It is ordered by the Court that Edward M. Carlton administrator aforesaid proceed to sell to the highest bidder on at least six months credit - the said negro woman and other property after first giving the notice required by law of administrators and decrease the amount of said sale by ____ and good security and make due return to this office as required by law.

Jno. W. Suttle, Judge of Probate

Fouche

______

David

Richard

Benjamin

Richard


Letters

Page 4

The State of Alabama )

Bibb County )

Probate Court Special Term,

October 31st, A.D. 1853

Jno. W. Suttle, presiding

This day came Edward M. Carlton administrator of the will annexed of the Estate of Richard Fancher, deceased, and

returned on oath an apc of the sales of a negro woman to make ________ among the heirs of said deceased according to the Last Will & Testament of said ________ which is receid, examined and admited to record.

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