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USGenWeb Archives for Alabama

Estate of J. Barnes

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Contributed by:
Martha Barnes
1910 Parkdale Ct.
Arlington, TX 76013

(Will) p. #? Jethro Barnes deceased Estate of
The State of Alabama )
Green (Fayette-struckthrough) County ) I Jethro Barnes of the County of
Fayette and and State of Alabama do make publish and declare this to be my last will and testament

Item 1 It is my will and desire that my executor and executrix hereinafter named, as Soon after my death as practicable pay all my Just debts and funeral expenses out of the Monis made by me this my present trip to Green County where I now am

Item 2 I give and bequeath to my son Jesse Barnes the sum of eight hundred Dollars (800.00) I give and bequeath to my son John Barnes the sum of eleven hundred (1100.00) I give and bequeath to my son Eduard Barnes the sum of one thousand ($1000.00) to be paid to them out of Such funds & in the manner hereinafter described & the Said Sums when paid to them, shall with what property and assistance the have heretofore received from me be in full of their portion of my estate

Item 3 I give devise and bequeath to my wife Louisa Barnes all my lands negroes horses oxen & stock of every kind & description & my blacksmith tools & farming tools for and during the term of her natural life or widowhood for the Support and education of my children by her

Item 4th I will & bequeath to my son Jethro Barnes my negro boy named Lewis. I will and bequeath to my son James Barnes my negro woman named Allis. I will and bequeath to my son Berry Barnes my negro boy named Dace. I will and bequeath to my daughter Elizabeth Barnes my negro boy named George. I will & bequeath to my daughter Sara Barnes my negro boy named Andy. I will and Bequeath to my Daughter Harriet my negro girl named Lidia or Liddy. I will and bequeath to my daughter Amanda Barnes my negro boy called Bob. All the bequest of negroes In this Item named to take effect upon the death or intermarriage of
my wife Louisa Barnes.

Item 5th It is my will and devise that upon the death or intermarriage of my said wife sin disinterested person residing in the neighberhood where I now reside Shall be appointed by the Judge of Probate of Court of Said Fayette County who Shall value the several negroes bequeathed in this last item (4) & If any of Said negroes should be inferior in value to the other I desire that the deficiency in value be made good to the child or children owning Such inferior
negro or negroes in money So that in the Division of negroes I have made among them they Shall be made equal as nearly as possible. And If any of the negroes above specifically bequeathed Should die before coming into the possession of the child or children to whom said negro or negroes are bequeathed It is my will & desire that the negro or negroes So dying be made good to the child or children to whom bequeathed (cut off by bottom of page)

p. 40 - Jethro Barnes Estate of
In the division of said negroes

Item 6th It is my will and desire that my executor and executrix shall pay
over to my sons Jesse John and Eduard Barnes the Several Sums Specifically
bequeathed to them in item 2 out of any monies which may be on hand after the
payment of my Just debts & funeral expenses or which may be(struckthrough) come
into their hands upon debts now owing to me & as fast as the Monies come into
her hand But If my Said Sons will do so & I hereby request that they will my
executor and executrix may pay them the money bequests I have made to them by
transferring to them the Notes now held by me on other persons or so many of
said notes as may be Sufficient to discharge Said bequests.

Item 7th It is my will and desire that upon the death of my wife all the
property herein above bequeathed and devised to her during her life or widowhood
& not herein otherwise disposed of Shall be Sold & the proceeds thereof divided
equally among my children by the Said Louisa Barnes which Said
Item(struckthrough) Children are all named in Item 4

Item 8 I hereby nominate constitute and appoint my wife Louisa Barnes as the
executrix & Abram Howton Executor of this my last will and testament In
testimony whereof I have hereunto put my hand affixed
My Seal this 3 day of January AD 1861 )
Executed (Ins???) in Item 1 line 1st ) Jethro (his X mark) Barnes
In line 1st Item 6 & line 10 of Item 6 )
& my blacksmith tools & farming utensil )
Inserted in line 3. Item 3 Abram Howton as executor)
Inserted in line 2 Item 8 & George in the )
1st line and give in 3 line from top of 2 page )
erased; before the signing sealing of this will ) filed for
which was. Signed with his mark sealed ) probate 28
published and declared by the Jethro Barnes ) Jany 1861
as his last will and testament in our )
presence and attested by us in his presence )
and the presence of each other the day and )
date above written J. R. Ward )
Jos M. Hall Jr )
E Morgan )



The State of Alabama )
Fayette(struckthrough) Green County )I William C. Oliver Judge of the Probate
Court of Said County By Virtue of the anexed commission to Me directed from the
Honorable the Probate Court of Fayette County I have caused Dr James R. Ward who
is personally known to me to come before me at my office in the town of Eutaw
In the County of Green on this the 19th day of February 1861 for the purpose of
taking his deposition in the matter of the Probating of the will of Jethro
Barnes deceased late of said(struckthrough) Fayette County Ala. In behalf of
Louisa Barnes and Abram Howton pro(?) to be read as evidence in the matter
(cut off by bottom of page) Probate Court of Fayette

Minute Probate Court New Series 3 Fayette Co.
pp. 401-416
p. 401 Jethro Barrens deceased Estate of
The State of Alabama ) January 28 1861
Fayette County ) To the Honorable the Probate Court of
said county the Petitioner of Abram Houton Respectfully represents unto your
honor that the late Jethro Barrns who was an inhabitant of this county at the
time of his death departed this life on the fifth day of January 1861 near the
town of Eutaw Ala leaving a last will and testament duly signed and published by
him and attested by J R Ward Practicing Physian and Joseph W Hall Jr and E
Morgan all of whom reside in Green County Alabama In which your petitioner
(?????) in which said will is herewith produced to your Honor and pro(???) for
Porbate and record in this court your Petitioner further states that the widow
of said decent. is Louisa Barnes who resides in this county and that the next of
kin of said

p. 402 - Jethro Barnes deceased Estate of
decedent are his children Jesse John Edwin Barnes who are of full age and Jethro
and James and Berry who are minors over fourteen years and Elizabeth Sarah
Harriet & Amanda Barnes who are minors under fourteen years of age and reside
with their Mother In this county and also all the others both those that are
minors and they that are of full age are also Residents of this County
Petitioner further States that said heirs are all of sound mind. In consid-
eration of all of which your petitioner prays that a day may be set for hearing
of the Matter of this petitioner and that a commission may be issued to some
suitable person to take the Deposition of the said J R Ward Practicing Physician
in Green County Ala. who is a subscribing witness to said Will in accordance
with the statue in such cases made and your petitioner would petitioner would
recommend as a suitable person to be commissioned William C Oliver of Eutaw Ala
to take the Deposition of Said Ward subscribing witness in proof of said will
and that due notice of this application may be given of this application to said
widow and next of kin of said deceased and that such other proceedings orders
and decrees may be had and made in the (?) as may be requisite and proper to
effect the due Probate and record of said will according to (??????) pray &
subscribed and sworn to before me this 28 January 1861
Attest B H Williams Judge )
of Probate ) Abram Howton


The State of Alabama ) To B H Williams Judge of Probate
Fayette County ) of said County
I Louisa Barnes widow of Jethrow Barnes Late of said
County deceasaed and one of the persons named in the last will and testament of
said deceased to be executrix thereof which has been Probated and recorded in
said court do hereby renounce the office and trust confided to me in and by said
will and all right to Letter testamentary upon the same and pray that this my
renunciation may be duly entered of Record In your Honorable Court this 2 March
1861
Attest B H Williams Louisa (her X mark) Barnes (seal)
Judge of Probate

The State of Alabama ) Probate Court 28th day of January
Fayette County ) 1861. Jethro Barnes Deceased Estate of
To any Sheriff of the State of Alabama Greeting you are hereby commanded to
summons Louisa Barnes widow of said deceased and Jesse Barnes John & Edwin
Barnes who are heirs of said deceased who are of full of age to appear before
the Probate Court of said County on the 25th day of February 1861. Then and
there to contest the application of Abram Howton who hath filed (???????)

p.403 - Jethro Barnes deceased Estate of
Instrument In said court purporting to be the last will and testament of Jethro
Barnes late of said county deceased heirs fail not and have you then and there
this writ? with your proper endorsement thereon
Witness B H Williams Judge of Probate at office at Fayette C H January 28
1861. B H Williams Judge of Probate
We whose names appear to the within notice acknowledge legal Service of the
within by a receipt of a copy thereof 6 of Feb 1861
John (his X mark) Barnes
Edwin (his X mark) Barnes
Jesse Barnes
Louisa (her mark) Barnes
Abram Howton

Probate Court January 29th 1861
The State of Alabama Fayette County
To Jesse Barnes John Barnes Edwin Barnes and Alexander Cob
Guardian ad litem for the minor heirs of Jethro Barnes deceased please take
notice that we have this day filed in the office of the Probate Court of Said
County the following Interrogatories to be propounded to J R Ward a Physician
Residing in Green County Alabama the answers to said Interrogatories when taken
will be used in the Probating of the last will of Jethro Barnes deceased you
will further take Notice that William C Oliver Esqr will be appointed to take
the testimony

Interogatory 1st
Was you or not -- one of the subscribing witnesses to the
last will and testament of Jethro Barnes deceased
Int. 2
please state If you are the Physician that attended
him (Jethro Barnes) In his last Sickness the condition
of his (Barnes) mind at the time he signed his will
Int. 3
please state whether said will was read to said Barnes
by any one In your presence
Int 4th
Please state whether or not said Barnes signed his
name to his will in full or merely by making his
(?) mark
Int 5
please State (If you were one of the subscribing
witnesses & please answer your answer to the will
you witness
Int. 6
please State all you know that will benefit the
probate of said will
Louisa Barnes &
Abram Howton for
the probate of the will

p. 404 - Jethro Barrens deceased Estate of
Jethro Barnes deceased Estate of
Probate Court the 9th day of February 1861
In the Matter of the Probate of the last will and testament of Said deceased.
Abram Howton having filed in this court an application for the Probate of an
Instrument of writing purporting to the last will and testament of Said deceased
It is therefore ordered by the court that Alexander Cobb Esqr be and he is
hereby appointed Guardian ad litem for and to protectect the interest of the
minor heirs of said Deceased upon the hearing of said application this is
therefore to Notify you of Said appointment and that the 25th day of this
instant is set to hear and determine the same and to further Notify you of the
filling of the Interrogatories by Said applicant to take the testimony by
Deposition of J R Ward practicing physician of Green County Alabama who is
alledged to be a subscribing Witness to said will commission will Issue to W J
Oliver of Eutaw Alabama after ten days notice of this is served upon you given
under my hand this 9th February 1861
B H Williams Judge of Probate
I hereby accept the within appointment and acknowledge Legal service of the
within Notice this 9th February 1861
Alex Cobb
The State of Alabama )
Fayette County ) Probate Court of Said County
To Louisa Barnes widow and Jesse Barnes John and Edwin sons of Jethro Barnes
Late of Said County deceased Please to take Notice that Abram Howton has filed
Interrogatories In Said court to be propounded to William C Oliver of Eutaw
to Examine J R Ward of Green County Alabama as a witness to make proof of the
Execution of the last will and Testament of said deceased) he being one of the
Subscribe witnesses to said will which Interrogatories will remain on file ten
days after service of this Notice upon your (?) which time you can file cross
Interrogatories If you think proper Witness B H Williams Judge of said court at
office at Fayette Courthouse Alabama this 29th day of January 1861
B H Williams Judge
of Probate
We acknowledge service of the within by receipt of A copy 6th February 1861
Abram Howton

The State of Alabama )
Fayette County ) Probate Court of Said County 16th day
of January(struckthrough) February 1861. In the matter of the application of
Abram Howton for the Probate of the last will and testament of Jethro Barnes
Late of Said County deceased To William C Oliver Judge of Probate of Green
County

p.405 - Jethro Barnes deceased Estate of
of your prudence and fidelity have appointed you and by these presents do give
you full power and authority to examine J R Ward (Physician) of your County as a
witness In a cause or proceeding now pending in our Said Court entitled as is
Set forth in the caption hereof and therefore we command you that you do cause
the said J R Ward to come before you and then and there examine Said Ward on
oath as a witness in the cause aforesaid upon the annexed direct Interrogatories
and that you do take such examination and cause the same to be reduced to
writing and return the same annexed to this writ closed up under your seal unto
our said Probate Court with all convenient speed. Witness B H Williams Judge of
Probate at office this 16th day of February 1861
B H Williams Judge
Probate Court January 29th 1861
The State of Alabama )
Fayette County ) To Jesse Barnes John Barnes
Edwin Barnes and Alex Cobb Guardian ad Litem for the minor heirs of Jethro
Barnes deceased please take Notice that we have this day filed in the office
of the Probate Court of said County the following Interrogatories to be
propounded to J R Ward a Physician Practicing in Green County Alabama the
answers to said Interrogatories when taken will be used in evidence on the
Probating of the last will and testament of Jethro Barnes deceased you will
further take Notice that William C Oliver Esqr will be appointed to take the
testimony

Inter. 1st was you or not one of the subscribing witnesses to the last
will and testament of Jethro Barnes deced

Int. 2 please State If you are the Physician that attended him said
Barnes in his last sickness the condition of his said Barnes Mind at the time
he Signed his will

Int 3. Please state whether said will was read to said Barnes by any
one in your presence

Int 4th Please state whether or not said Barnes signed his name to the
will in full or merely made his mark therto

Int 5th Please State If you was one of the subscribing witnesses to
the will and the Names of the other witnesses please annex your answer If the
will prescribed to to you is the one you witnessed

Int 6. Please State all you Know that will benefit the Probate of
said will
Louisa Barnes
Abram Howton executor of said will
B H Williams Judge of Probate )

p.408 - Jethro Barnes deceased Estate of
first duly Sworn and charged by me to speak and write the truth the whole truth
and nothing but the truth in the promises deposes says and writs in his own hand
writing In answer to said Interrogatories hereunto attached as follows to wit on
the proceeding pages

Answer to
Int 1st I was

Int 2nd I was his attending Physician in his last illness At the time
the said Barnes signed the will his mind was perfectly clear In fact during his
whole sickness up to the moment of his death he retained all the faculties of
his mind

3 The will was not read in my hearing entirely I think some
portion of it was read

4 The said Barnes did not sign his name in full but made his
mark as represented in the will

5th I was one of the Witnesses to the will J W Hall Jr And E
Morgan were the other witnesses the will presented to me was the one signed by
Mr Barnes in the presence of myself and the other two subscribing witnesses and
it is the will that I witnessed in presence of said Barnes Furthermore the said
Barnes stated at the time of signing that was his will which will is hereto
attached

6th I was called to the residence of Mr. Jos. W Hall Jr who is a
citizen of Green County State of Alabama to see Mr Barnes Professionally. On
the 30th Dec AD 1860 and was introduced to him by Mr Jos. W Hall Jr on the 31st
the day following Mr Barnes stated to me and Mr Hall that he wanted to make his
will on the 1st and 2nd of January he was better On the third his disease
assumed a serious character of which fact I apprised him Whereupon he requested
me on my return to town send a laawer out to draw his will I would Judge the
said Barnes to be about fifty years old and from the conversation Held with him
during his last illness I would say that he was a man of good sense and that he
posesed a Strong mind
James R Ward

I William C Oliver commissioner and Judge of the Probate Court of Green County
hereby certify that the above and foregoing deposition of James R Ward was taken
at the time and placed mentioned in the caption (to be used in the case
mentioned in the commission) after the deponent had been sworn and I further
certify that the said deponent (cut off by bottom of page)

p.409 - Jethro Barnes deceased Estate of
and Signed. I further certify that his answers as above are in his own hand
writing and language as written down by himself and signed in my presence under
oath and further certify that the said deposition was not out of My posesion
until the same was sealed up and directed to the Honorable B H Williams
Judge of Probate Court of Fayette County Alabama
Given under my hand and seal this the 19th day of February 1861
Probate Court Green County (seal) William C Oliver com
and Judge of Probate

The State of Alabama ) Probate Court of Said County To The Honorable
Fayette County ) the Probate Court of Said County Your Petitioner
Abram Howton respectfully represents unto your Honor that he is the person named
in the will of Jethro Barnes deceased and late of said county to execute the
trust and purpose thereof and that said will has been duly proven and admited to
record in this court and Louisa Barnes who is the widow of said deceased and who
was also appointed as executrix of Said Estate who has filed her renunciation in
the court of her right to administer or execute said will for a correct
statement as to the residence of the widow of said testator (????????????????)
with the name ages and residence and condition of the next of kin heirs and
Legatees of Said testator So far as the same is known to him your petitioner
further Shows that he is of the age of 21 years and upwards that he is an
Inhabitant of this State and is now willing to take upon himself the trust
Intended to be confided to him by said Testator and that he is prepared to give
the necessary bond and Security as your Honor shall direct and require he
further States that to the best of his knowledge and belief the value of said
Estate both real and Personal property of all kinds does not exceed the sum of
fifteen thousand May It please your honor therefore to permit your petitioner to
qualify in this court as the Executor of said Estate(struckthrough) will. as
was the intent of said testator and as is duty bound will (???) Pray ? sworn to
and subscribed before me this 5th March 1861.
Attest B H Williams Judge )
of Probate ) Abram Howton Executor


The State of Alabama )
Fayette County ) Know all men by these that we Abram Howton
principal Uriah Holiman John Barnes Edwin Barnes Jr Edwin Barnes Senr E W
Lawrence Jesse Barnes and Alexander Cobb Securities are held and firmly bound
into B H Williams Judge of Probate Court of said county and his successors in
office in the (???) sum of thirty thousand dollars the

p.410 - Jethro Barnes deceased Estate of
Seals and dated this 5th day of March 1861 In the year of our Lord one thousand
eight hundred and sixty one The condition of the above obligation is such that
whereas the above bound Abram Howton has been duly appointed Executor of the
last will and testament of Jethro Barnes and of Said court deceased. Now If the
said Abram Howton shall well and truly perform all the duties which are or may
be required of him as such Executor by law then this obligation to be void
otherwise remains in full force and effect - Virtue (seal)
(?) 5th of March 1861 Uriah Holiman (seal)
B H Williams Judge of Probate John X Barnes (seal)
Edwin X Barnes Jr (seal)
Edwin X Barnes Sr (seal)
E W Lawrence (seal)
Jesse Barnes (seal)
Alexander Cobb (seal)

The State of Alabama )
Fayette County ) I Levy H Smith (?) acting Justice of the peace in
and for said County hereby certify that John Barnes Edwin Barnes Jr Edwin
Barnes Sr and E W Lawrence whose name appears to the bond of Abram Howton (?)
executor to the last will and testament of Jethro Barnes of said county deceased
was duly signed in my presence on the 4th day of March eighteen hundred and
sixty one Levy H Smith J P

The State of Alabama )
Fayette County ) Jethro Barnes Estate Letter Testamentary. Probate
Court February Term 5th March 1861 Be it known. that on this day the 5th day of
March AD 1861 Before the Probate Court of Fayette County the last will and
testament of Jethro Barnes late of said county deceased was previously duly
filed(struckthrough) proved before Said Court and by said court duly admited to
Probate and it appearing to the satisfaction of said court that the said Jethro
Barnes deceased left goods and chattles rights and credits suitable to be
administered under said will and that Abram Howton has after citation duly
Issued according to law given bond and security as the law directs. Therefore
it is insured(struckthrough) certified that administration of all and singular
the goods and chattles rights and credits of the Said Jethro Barnes deceased any
way concerning his last will and testament has by the said court committed to
the said Abram Howton In the said last will and testament of the said
Abram(struckthrough) Howton(struckthrough) Jethro Barnes named and appointed and
that by virtue thereof the said Abram Howton hath full power and authority to do
all such acts and perform all such (???????cut off by bottom of page?)

p. 411 - Jethro Barnes deceased Estate of
and testament of the said Jethro Barnes might and can Legally do and perform
Witness B H Williams Judge of Probate Court of
Fayette County this 5th March 1861
B H Williams Judge
of Probate

The State of Alabama )
Fayette County ) Probate Court of said county 5th March 1861 this day
came Abram Howton and filed his petition in said court praying that letters
Testamentary of said Estate shall be granted to him and the court having
examined said petition in all its bearing and being Satisfied that the Statement
and proof exebeted Justified the Granting of Letter as aforesaid and the court
having made an order to that effect and issued Letters accordinly It is further
ordered that said Howton as executor aforesaid proceed to make out and inventory
of said Estate and report to this court at as early a day as practible and that
E W Lawrence and James T Collins and Stephen Hankins be appointed and they are
hereby appointed appraisers to Make such appraisment under oath and Said
Executor to return the same to this court at as early a day as possible given
under my hand at office this the 5th March 1861
B H Williams
Judge of Probate
The State of Alabama )
Fayette County ) A list of the goods and chattles March 8th 1861
Rights and credits of the Estate of Jethro Barnes Deceased
18 head of cattle praised at/$6.50 per head 117.00
1 yoke of stears $65.00 65.00
1 " " " $50.00 50.00
24 head of cattle at $7.00 per head 168.00
8 " " " 77.00
4 " " " 30.00
4 steers at 55 55.00
7 head of cattle 49.00
4 " " " at ( J Barnes) 28.00
21 " of hogs 79.00
2 sows and 13 shoats 23.00
12 head of sheep @ 15.00
10 " of hogs at 70.00
2 sows and 7 pigs 12.00
1 cow and yearlin 15.00
1 sorrel horse 80.00
1 brown horse at 95.00
1 mare and colt 190.00
1 bay horse at 115.00
1 poney horse 70.00
(?) 55.00

p. 412 - Jethro Barnes deceased Estate of
2 sows and 12 Shoats 19.00
25 beef hides 75.00
1 small waggon and riggin 55.00
1 large waggon and geariny 75.00
1 set black smelth tool 42.00
1 lot plows at 8.00
1 lot of farming tools 10.00
3 set of plow gears 6.50
1 cross cut 1 hand saw and sundry articles 12.00
4 bee gums 5.00
1 loom and weaving utensil 3.50
1 sythe and cradle 3.50
1 lot of saddles at 23.00
1 lot of guns at 20 20.00
3 beds and furniture 90.00
12 spinning wheels at 4.00
2 beds and covering 50.00
1 lot of barrells 1.00
1 lot of leather 7.00
2 tables 1 chest 1 cubbered 1 half bushel 12.00
1 lot of cooking tools 2.00
2 wash pots 6.00
1 small dinner pot .80
1 lot of jars 4.00
2 hundred H of tallow 20.00
3 barrels 1.00
2 " .50
10 head of cattle 70.00
One negro woman named Alley 1150.00
" " Boy named Lewis 1100.00
" " " " Dave x200.00
" " " " George 900.00
" " " " Andy 800.00
" " Girl named Liddy 700.00
" " Boy " Bob 300.00
List of all good notes 6150.00

one note on W M Spence 16.00
" " " John S Brock cr with 50/$ 28 March 1861 74.00
one " " Josiah Anderson 35.00
" " " I C Smith 37.00
" " " John S Brock 25.00
" " " Elizabeth H West 30.00
" " " John E Graves credit (?) 30.00
" " " Solomon Smith 102.00
" " " Allen Garrett Jr 42.00
" " " Jerry Guin 12.00
" " " J F Shaw 7.50
" " " L G (?) ???

page 413 - Jethro Barnes deceased Estate of
1 Note on Michael Guin 14.67
" " " Jeremiah Guin 15.00
" " " Nancy Guin 21.00
" " " Daris Taylor 27.00
" " " H T Allen 60.00
" " " William Lee 12.00
" " " William A Scott 36.00
" " " M L Lindsey 30.00
" " " James Black 41.00
" " " I C Smith 19.00
" " " I C Smith 50.00
" " " L H Smith 7.00
" " " Asa Guin 25.00
" " " James F Yearly 37.00
" " " James F Yearly 38.00
" " " A E Foster credit 225 20.00
" " " James M Cochran 40.00
" " " E A West 70.00
" " " Asa Guin 16.00
" " " A A Summers 130.00
" " " James W Price 4.80
" " " James H Butler 45.00
" " " Phillip Wood 14.00
" " " B W Young 120.00
" " " Uriah Holiman 60.00
" " " George A Graves 14.00
" " " I I Scott 22.00
" " " W W Walthrup 12.00
" " " Andrew Johnson 13.50
" " " Mathew Davis 18.00
" " " I M Yearly 36.00
" " " E G Childs 150.00
" " " Delilah Cuningham 4.48
" " " Josiah Anderson 15.00
" " " George A Graves (?) 7.17
" " " J? Watson 24.00
" " " John C Moon 178.50
" " " receipt on John Porter 20.00
" " " on Newton Otts 9.28
2,391
Doutful Notes
" " " Decatur Hider 37.37
" " " John Buckner 9.00
" " " Jesse Porter 28.12
" " " Wesley Dodson 14.84
" " " W F Hilburn 25.00
" " " B F Price 10.00
" " " Lewis F Dennington 14.00
" " " W B Holland cr 26.48 41.47
" " " William Johnson Sr cr 7.25 18.00

p. 414 - Jethro Barnes deceased Estate of
1 state ticket 4.50
1 note on Newton Otts 9.30
" " " T W Byers credit 10/$ 14.00
" " " Henry Butler 8.17
" " " Jonas N Dodson 30.00
" " " W G Abernathy 120.00
1 acct on Spencer Bobo 11.00
" " " William Price 65.00
" " " Lewis Densington 15.00
" " " Solomon Smith Sr 10.00
" " " John E Graves 5.00
" " " John Buckner 11.00
" " " Jackson Maddex 4.00
Money on hand 31.00
one lot of leather 70.00
James T Collins
Stephen Hankins
E W Lawrence

The State of Alabama )
Fayette County ) Probate Court 9 March 1861
Jethro Barnes deceased Estate of
This day came Abram Howton Executor in this court of said Estate and being by me
duly sworn states the the inventory herewith returned to him is full and
complete as to the goods and chattles debts and money of the testator which have
come to his knowledge or possession ready for return
Abram Howton Exec
Sworn to and subscribed before me 9th March 1861
B H Williams Judge of Probate

The State of Alabama ) Probate Court of said county
Fayette County ) 25 day of May 1861.
Jethro Barnes deceased Estate of
To the Honorable the Probate Court of said county the Petition of Abram Howton
the Executor of the last will and testament of said deceased respectfully
represents unto your court that he is duly appointed by your court executor as
aforesaid of said Estate that by said will certain amounts therein specified was
to be paid to the three oldest sons of said deceased either in Notes on hands or
in Money collected out of said Notes and that all his just debts funeral
Expenses he paid out of the same together with the money made by the trip of
said deceased to Eutaw Alabama all of which means nearly has been expended? so
near so that it appears that the means to be devised from the Notes and debts of
will not(struckthrough) fall short of paying off said three oldest sons the amt
the will gives them expressly by about the sum of five hundred Dollars and (cut
off by bottom of page)

p. 415 - Jethro Barnes deceased Estate of
to sell a portion of the stock cattle one horse one set of Black smith tools an
other articles to tedious to mention. Petitioner therefore respectfully asks
that such spe(?) may be taken in the (?) and such orders and decrees be had and
made as will authorise petitioner to sell said stock & as before named for the
purpose herein set forth and as is duty bound will (?) Pray & sworn to and
subscribe before me this 25th day of May 1861
B H Williams Judge ) Abram Howton Exc
of Probate )

State of Alabama )
Fayette County ) Probate Court of said county 25 May 1861
Jethro Barnes deceased Estate of
Application for sale of property This day came Abram
Howton executor of the last will and testament of said deceased and filed his
application In writing and under oath praying for an order to sell certain
property therein named on the grounds that there was not means enough on hands
to pay the heirs the amount required to be paid to them by the will of said
deceased and it appearing to the satisfaction of the court that said application
and Statement there were sustained by proof from the papers on file In said
Estate It is therefore ordered by the court that said executor proceed to sell
said property there specified at the late residence of said deceased after
giving at least three weeks notice of the time and place of said sale as well as
the terms thereof and secure the purchase money by taking notes with approved
security for the same property to be sold on a credit of twelve months until the
1st March 1862 and that said (?) make and return a report of said sale within
thirty days from said sale to this court properly verified as the law directs
Attest B H Williams Judge
of Probate
State of Alabama )
Fayette County ) June 22 1861
A List of property sold at the late residence of Jethrow Barnes Decd
1 white cow and calf J C Smith 16.25
1 red " " " " 11.10
1 white speckled cow W W Mattox 20.00
1 pided cow Edwin Barnes Jr 12.25
1 pided cow & calf William Price 15.50
1 red cow and yearlin Edwin Barnes Jr 13.25
1 heifer " 8.00
1 Black yearlin " 4.25
1 pided cow and yearlin Tilman Bobo 16.50
2 small stears B J Guin 19.10
1 Dun cow and calf Burell Brown 29.55
1 red speckled cow and yearlin " 13.00
1 black cow and calf William Price 16.??

p. 416 - Jethro Barnes deceased Estate of
1 brindle cow and yearlin John Barnes 18.75
1 Dun cow & yearlin Burrell Brown 20.00
1 white cow & calf Rias Brown 18.00
1 black cow and yearlin Edwin Barnes Jr 11.00
1 Beef steer " 15.10
1 red sided steer Reubin Price 8.50
1 red steer Edwin Barnes Jr 15.75
1 yellow steer C C Moore 13.60
1 yoke of oxen Edwin Barnes Jr 39.50
1 cow Rias Brown 10.00
1 Brown horse John Barnes 72.00
1 set of Blacksmith tools Jesse Barnes 40.75
1 brittish Musket B I Guin 2.00
1 rifle Gun John Barnes 8.55
1 sorrel horse John Barnes 80.50
1 Feather Bed Edwin Barnes 18.50
1 side of leather John E Graves 1.75
1 " B I Guin 2.15
1 " G D Guin 2.65
1 " Wilis Howton 2.00
1 " J N Yearly 2.50
1 " William Goza 2.60
1 " Willis Howton 1.85
1 " " 1.30
1 " G D. Guin 2.70
15 H Tallow @ 10c Jesse Barnes 1.65
15 " " 10c John E Graves 1.50
15 " " 10c Edwin Barnes 1.50
15 " " 10 1/4c W W Mattox 1.52 1/2
15 " " 10c S H Hankins 1.50
15 " " 10c Edwin Barnes 1.50
15 " " " " 1.50
15 " " " " 1.50
15 " " " " 1.50
15 " " 10 1/4c " 1.52 1/2
15 " " " " 1.50
$ 636.46

We certify that the above is a true list of the property sold
as belong to the Estate of Jethro Barnes Deceased
on the day and date above L H Smith and
J T Collins clerks

State of Alabama )
Fayette County ) Personally came before me B H Williams Judge of Probate
in and for said county A Howton executor of Jethro Barnes deceased and in filing
the above report states on oath that the same is correct and true sworn to &
subscribed before me this the 1st July 1861.
B H Williams ) Abram Howton Exc
Judge of Probate )

Probate Court Minutes New Series
p. 408 - Jethro Barnes Estate
Probate Court of said County
Special Term the 15th day of August AD 1867
This being the day set to hear and process upon the document heretofore filed by
Abram Howton executor of the last will and Testament of Jethro Barnes deceased
for a final Settlement of his Admin istration or executorship of said will.(he
tendering his resignation herewith) Now comes the Said Howton and warns the
Court to proceed with such settlement and that such acpt. be processed and
allowed, and it appearing to the Court from proper evidence that due notice of
the time and nature of this settlement has been given by publication for three
successive weeks in the Southern Watchman a newspaper published in said County,
and E. P. Jones who was heretofore appointed to act as guardian ad litem for and
to protect the interest of the minor heirs of said decedent in the funding
settlement now appearing in open court consenting to act, and contesting such
Settlement the court proceeds to examine said account Whereupon it is found that
Said Executor has received in cash & papers as assets of said Estate the sum of
thirty two hundred and forty seven & 03/100 dollars ($3247.03) and that he has
justly expended in and about the cost and charges attendant upon said
executorship and in paying the just debts of deceased and legasies under the
will the sum of thirty six hundred and fifty-four & 22/100 Dollars being
and overpayment by him in the sum of four hundred and seven & 19/100 Dollars.
It is therefore ordered adjudged and decreed by the court that said account be
and the same is hereby in all things passed and allowed as above stated and it
is hereby decreed by the court that said Executor Abram Howton is entitled to
receive out of the remaining effects of said Estate the aforesaid sum of four
hundred and seven & 19/100 Dollars It is further ordered by the court that all
the papers on file pertaining to this settlement be Recorded. It is further
ordered by the court that said Executor pay the cost as taxed against him in
said Estate for which he has obtained due credit in this settlement and for
which execution may issue.
Witness B H Williams
Judge of Probate

(in the margin: 24th Jan 1873. Rec'd of Louisa Barnes my cost in full as Exc
of said Estate
A Howton)

 

 

 

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