In the name of God, Amen, I, David Draper being mindful of my mortality and
of sound mind but weak of body do this day being the first day of October in the
year of our Lord one thousand eight hundred and twenty seven make and publish
this my last will and testament in manner ____ to wit. First, I commit my body
to the dirt from whence it came and my soul to God who gave it, desiring to be
decently interred without any funeral pomp and as little expense as may be and
all my ___ and lawful debts punctually paid. After which I will the tract of
land I now occupy to my lawful son Walter Draper, giving my wife Elizabeth
Draper her life ___ with him the use of said land and at her death to be the
said Walter Draper's forever. I also wish the remaining balance of property to
remain with my wife Elizabeth Draper until her death with the use of the same
after which I give my daughter Mary Draper one female slave by the name Louisa
extra of her proportionable part of the remaining property of which I wish and
equal division to be made between my following named children: Sam Draper, David
Draper, ____ Rowe, Susanna Grantland, Elizabeth Whitton, and Mary Draper and
Richard Draper. I also will constitute and appoint Walter Draper and David
Draper to be my lawful executors with the full power to execute and perform all
the requisitions contained in this my last will and testament. Signed, sealed,
published, and declared by the said David Draper as and forever his last will
and testament in our presence who at his request in his presence have subscribed
our names as witnesses thereto
Anderson Wesson ___ Mason
The ___ was made before witnesses or assigned as attest Anderson Wesson
October 26, 1827.
The last will and testament of David Draper deceased was this day produced in open court for probate. It is ordered by the court that a citation issued to the Sheriff of Madison County requiring him to summon the widow and next of kin of said deceased to appear before the judge of the County Court in the Courthouse in Huntsville on th 2nd Monday in November next adn show cause if any they have or can show why said will shall not be proven and admitted of record.
10 Nov 1827. The last will and testament of David Draper deceaased was again this day pros. open court for and some of hte legatees protesting against the legality of said will. It is ordered by the court that the federal trial of this case be set for the first Wednesday in Dec. next. It is further ordered that subpeonies in the meantime may issue for such persons as either of the parties may require. Copy from the minutes, Test. Thosmas Brandon, Clerk
5 December 1827, Wednesday. Walter Draper vs. the heirs of David Draper
decd. on an application for the probate of the will of said deceased for reasons to the court appearant the. the determination of this cause is postponed until the 11 Dec 1827.
11 December 1827. Walter Draper vs. David Draper, William Grantland, and other heirs at law of David Draper dec'd on an application to prove the last will and testamant of the said David Draper dec'd. On the 11th of December 1827 this cause came on to be heard the same being continued from the 26th day of October 1827 until the 12th Nov 1827 and from thence until the 5th of Dec 1827 and until this day came the parties and the said Walter Draper produced herein open court a paper purporting to be the last will and testament of the said David Draper dec'd and ordered the same for probate, whereupon the proof of said will was resisted and objected to by the said David Draper, William Grantland, and other heirs at law of said deceased on the ground that said deceased was not in his right mind when said will appears to have been executed by him and that the making of said paper purporting to be the last will and testament of said deceased was procurred by fraud persuation and undue influence and to try the issues thereby joined a jury of goood and lawful men to wit: Jermanicus Kent, Franis T. Master, George ____, Andrew D. Verch, James Bradley, William Echols, Barnett Metcalf, John R. B. Eldridge, George W. Johnston, David Dunin, William McBrown, Robert A.Bell who were duly elected, tried,and sworn the truth to speak ... We the jury do find the said issues in favor of the plaintiff and that the said paper purporting to be the will of said deceased is his last will and testament and that said testator was in his right mind at the time said will appears to have been made... Pending the trial of the above cause the defendants by counsel accepted an opinion of the court and prayed that the same may be signed, sealed, and made a part of hte record in this case whichis accordingly done. The State of Alabama
County Court of Madison County the 11th December 1827 agreeable to the decision of the said court the foregoing will is duly recorded this 7th day of March 1828. Thomas Brandon, Clerk
The State of Alabama,Morgon County August 18,1840
I Thomas Hubbard Senior of said county,now of sound mind and memory but being old and infirm,to make and ordain and publish my last will and testament as follows and hereby revoke all former wills whatsoever,towit.
Item 1st.Having sold my land and certain negro's,retaining proportion of the land and certain negro's during my life,I hereby give and bequeath unto Vincent Hubbard,David Hubbard,Stephen Hubbard,and James Hubbard my four son's in equal parts all of my property of every decripition whatever,house hold and kitchen furniture,Stock,crops and farming utensils,debys due and money on hand at the time of my death.
Item 2nd.O hereby appoint my son David Hubbard as executor pf this my last will and testament.Whose duty it shall be to collect and distribute my Estate in confirmity with my said will by selling all of the property at public sale for cash,giving one months public notice of sale and out of the proeeds shall if demamded pay to Green K.Hubbard,Thomas Hubbard, Elizabeth Wilson,Margaret Hewlett,and Catherine Morris,One Silver Dollor each and nothing more.And the reisidium of the proceeds shall be divided according to the provisions of the first Item of the said,Vincent,David,Stephen and James and if one or more of them should then not be living my said Executor shall pay their respective legacies to the living children of such as may be dead previous to the distribrution herein contemplated. I give to Cynthia Calledonia Hubbard my largest bed as a specfic legacy with the furniture thereunto belonging,and I give to Laura Emily Hubbard my remaining bed and furniture also as a specifiic legacy to be set apart before my property is inventoried for the puropose of sale.
Wittness my hand and seal this nineteenth day of August in the year eighteen hundred and forty in the presence of W.C.Roberts,M.K.Murphy and Alexander McCartney.
Thomas Hubbard [seal]
[Submitted by Jessie Ruth (Green) Sturdivant. Note: None of these Johnsons
are my family. I have no other info on those mentioned herein.]
[Probate Court Bk B 1832-1854]...Your petitioner further showeth that said decedent died leaving twelve lawful Heirs to Wit Your petitioner Martha E. Johnson (widow) of Morgan County Alabama, Elizabeth Johnson wife of Washington Johnson, Mary Johnson, wife of Robert Johnson, Martha Gibson, wife of Reese M. Gibson formerly Martha Johnson, Haywood Johnson, James Johnson, Benjamin Johnson, Margaret Johnson, Emily Johnson, Henry Johnson, the four last mentioned are under the age of twenty one years and all residing in the County of Morgan aforesaid, Eliza Wiggins wife of Jesse Wiggins formerly Eliza Johnson, Lavina Rose wife of George Rose formerly Lavina Johnson who are non residents of the State of Alabama and reside in the state of Texas ... 14 November 1853.
Contact: Jessie Ruth (Green) Sturdivan
[Note: Carrie Johnson was the widow of William Johnson, who died 10 Mar 1895, only a few months prior to Carrie’s death. His Estate records are on Microfilm Roll #134. JRS] Morgan Co. Estate File of Carrie M. Johnson statement by R. A. Atkinson - Carrie M. Johnson departed this life at Morgan County, Alabama on or about the 5th day of October 1895, leaving no last will or testament. The heirs, so far as the Petitioner believes are: R. A. Atkinson, over 21 years of age, resides at Lacy Springs, Ala. Nannie Johnson over 21 yrs old resides at Wiemer, Texas. Heirs of Lewis Walker, names, ages, and residence unknown. Heirs of Nick Walker, names, ages & residence unknown. Heirs of Dan O. Atkinson, names, Claudie Garrison, over 21 yrs, Ima Chunn, over 21, Irene Chunn, 21. Owen Adkinson, 18 yrs. Willie Adkinson, 16 yrs. Lura Adkinson, 14 yrs old. All reside at Valhermosa Springs, Ala. Minnie Walls, over 21 yrs resides at Walling, Alabama. Hogie Henderson 21 yrs old lives at Lacy Springs Ala. Property: one horse, one mule and 3 head of cattle, about 14 head of hogs, Household & kitchen furniture, 1 wagon, 1 buggy, farming tools, small crop, 120 acres of land, all worth about seven hundred. On 17 May 1897, J. P. Thomas was appointed Guardian ad litem for Owen, Willie and Lula Atkinson. E. K. Chunn was appointed as administrator. In Probate Court, 12 Nov 1900, the following "distributees" are named as due the undivided half interest in and to the NW 1/4 of NE 1/4 Sec 7, and SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 Sec 6 - all in Township 6 Range 1 West in Morgan County: R. A. Atkinson, Claudie Garrison, Ima Chunn, Irene Chunn, Owen Atkinson, Miller Atkinson, Lura Thomas, Minnie Walls, and Hogie Henderson, all of whom are over the age of 21 years and reside in Morgan County, AL., and Nannie Johnson and Tandy Walker & ____ Walker son of Nick Walker deceased over the age of 21 years whose place of residence is unknown - and the unknown names of Lewis Walker deceased, whose names and place of residence are unknown. [M. B. Walls, wife of J. T. Walls, sold her entire interest in the estate of M. C. Johnson to E. K. Chunn on 13 Feb 1896 for $30. Attest: R. J. Thomas and Allie C. Thomas] The Heirs of Wm. Johnson deceased, claim an half interest in all the property of said intestate set out in this inventory and the appraisement filed except the saddle and household and kitchen furniture
[Submitted by Jessie Ruth (Green) Sturdivant. Note: None of these Johnsons
are my family. I have no other info on those mentioned herein.]
JOHNSON, David. (Will, 21 July 1836) In the Name of God Amen I David Johnson of the County of Morgan and State of Alabama ... Item 1 My will and desire is that my Beloved wife Winifred Johnson have all my Estate of every description during her life or widowhood. Under the management or superintendance of my son Benj. Johnson. ... Item 2 At the death or marriage of my wife my will is that all my Estate of every description (except my land which of rights belongs to my son Benjamin) be equally divided amongst my five children -- Elizabeth Mitchell, Benja. Johnson, Williamson Johnson, Martha Harper & Eliza Mitchell share and share alike. ... Item 3 I nominate and appoint my son Benja. Johnson Executor to this my Last Will and Testament as witness my hand & Seal this 21st July 1836. (Signed by his mark) Witnesses: James T.(?) Sykes, William A. Sykes, Thos. W. Sykes A list of Heirs & Legatees of David Johnson Deceased, to Wit (filed 1 Apr 1854) Drury Mitchell in right of his wife Elizabeth, Morgan Co, Alabama Edmond Mitchell in right of his wife Eliza, Morgan Co, Alabama Heirs of Benjamin Johnson dec'd to Wit: Robert M. Johnson in right of his wife Mary, Morgan Co., Alabama; Washington Johnson in right of his wife Elizabeth; Jesse Wiggins in right of his wife Eliza, Texas; George Rose in right of his wife Lavinia, Texas; Haywood Johnson, Morgan Co., Alabama; James Johnson, Morgan Co, Alabama; Margaret Johnson, Emily Johnson, Henry Johnson and Benjamin Johnson who are under the age of twenty-one years and reside in Morgan Co, Alabama. Heirs of Williamson Johnson (to Wit) -- James Johnson, A. J. Huston in right of his wife Caroline, Joseph Johnson of the State of Mississippi. [Note: Benjamin Johnson was designated Executor of David Johnson's Will; however, both the widow, Winifred, and sons Benjamin and Williamson were deceased by the time the list of Heirs & Legatees was filed by Haywood Johnson on 1 Apr 1854. JRS]
[Transcribed and submitted by Jessie Ruth (Green) Sturdivant. Henry Johnson family is NOT my relative and I have no genealogical information pertaining thereto, so please do not contact me on this.] HENRY JOHNSON, Last Will & Testament, Morgan County Probate Book B (1832-1854) pp 367-368. Henry Johnson's Will signed 24 May 1834, names wife Mary Johnson and nine children: sons David, Stephen, Benjamin, Rolen, Washington, daughters Sarah Calaway, Betsy Lipscome, Martha Martin, Lucy Gillaspie. Mentions as part of estate "negroes", my man Ransom, Mary, Mason, Ryes(?), Gill, negroe girl Hester and her child, and a negroe girl Eda. He names his son Stephen T. Johnson and Jas. L. Smith as executors. Witnesses were: Elijah Devault, Benja. Johnson, Joshua Nelson, Loyd Aday. Henry Johson signed with his mark.
[Submitted by Jessie Ruth (Green) Sturdivant. Note: None of these Johnsons
are my family. I have no other info on those mentioned herein.]
[Morgan County Archives, Probate Court Bk B 1832-1854, pp. 168-176] The widow, Sarah H. Johnson petitioned the court to appoint Joseph Herring and Robert Henry Johnson as Administrators. Their Bond approved 22 Aug 1853. On 12 Nov 1853, widow Sarah H. Johnson petitioned the court for Dower, requesting her dower include the homestead. Legatees are as follows: Mary F. Owen daughter of William and Emelia F. Owen, William S. Johnson, Parmelia Ann Owen wife of James Owen, all residents of Mississippi, Mary P. Wood wife of Joshua Wood of Arkansas, Robert H. Johnson, Margaret L. Johnson, Nancy S. Johnson, David G. Johnson, Dorotha A. Johnson, Ezekiel T. Johnson, Sarah Jane Johnson, Martha E. Johnson, Jeremiah W. Johnson, the last eight of which are minors. "Negroes" listed 17 Oct 1853: Philip about 40 yrs old; Shepard 45-46 yrs old; Julia 10 yrs old; Clary & child Willy (18); Evaline 12 yrs old; Manuel 10 yrs old; Polly 8 yrs old; Harry 6 yrs old; Peter 6 yrs old; Cagy (or Kajah) 3 yrs old.
Contact: Jessie Ruth (Green) Sturdivan
[Note: William Johnson was married to Mary Ann White 16 Mar 1847 in Morgan
Co., AL; they divorced 19 Nov 1877 in Morgan Co.; the heirs listed are children
and grandchildren of this marriage. His second wife (no record of marriage
found) was Carrie, who died only a few months following William.] Estate of
William Johnson probated Morgan Co., AL, Ambrose. C. Grayson, Administrator,
petitioned 2 Mar 1900. William Johnson died at his residence, near Valhermoso
Spring, departed this life on or about the 10th day of March 1895, leaving no
last will or testament. Lands: NW 1/4 of SW 1/4 Sec 6, T6 R1W & SE 1/4 of SW 1/4
& SW 1/4 of SE 1/4 Sec 6, T6R1W & personal property not exceeding three hundred
dollars. Heirs Elisha Johnson, Bartley Johnson, Nancy A. Bodley and her husband
Wm. Bodley, James Thomas, (???) of his children (heirs) J. W. Johnson. Mrs.
(left blank) Thomas. On 14 Nov 1900, the heirs listed are Elisha Johnson, J. W.
Johnson, Martha Johnson (lined through), Martha Thomas, Nancy Bodley, Bartley
Johnson, and heirs of Mrs. Thomas wife of James Thomas nee Elizabeth Johnson.
Another paper in the file: D. F. Green is appointed Guardian ad litem for Dora
Thomas, Corrie [should be Cora] Thomas, Joe Thomas and Eliza Thomas, minor heirs
of Elizabeth Thomas, dec'd. dated 14 Nov 1900. An undated handwritten note on
letterhead of William E. Skeggs, Judge of Probate, lists the names of Elizabeth
Johnson's children: Sarah A. White, age 36; Robert Thomas, age 30; Reub Thomas,
age 28; Wm. Thomas, age 25, Elizabeth Brown, age 22; Dora Thomas; age 19, Corrie
Thomas, age 17; Joe Thomas age 15; Eliza Thomas, age 12.
James Kimbell, died 8 Apr 1841, buried Wimbley Cemetery, Decatur AL Know all men by these presents that I, James Kimball of Morgan County and State of Alabama have authorized, nominated and appointed and do by these presents authorize nominate and appoint James T. Kimball, Jr. as my true and lawfull attorney for me and in my name to ask demand and receive from the Executors of William Burt, Sen. dec'd of Halifax County and State of North Carolina two certain negro boys willed to my wife Nancy Kimball and also any money which may be coming to me from the Exec. of the aforesaid estate and receipt to the said Exers. for the same and also to give an indemnifying bond to the Exers aforesaid if required and do all and singular the business above named as fully as I might or could do were I personally present at ? and I do further authorize and empower the aforesaid James T. Kimball my attorney to sell the aforesaid negro boys at his discretion and to assign a bill of sale for the same in my name and I do by these presents ratify and confirm whatever the said James T. Kimball my attorney may lawfully do in relation to the business above named James Kimball. Signed and sealed in presence of W.B. McClellan (the bottom was not clear and I believe the date is not on the part I have. Might want to get from Halifax complete copy. I thought it did name James T as James son. Just said James T. Kimball, Jr. The deed just above this doc is dated 3 June 1825, so guess William Burt , Sr. died after 1819 and June 1825. Please note the spelling variation of KIMBALL, as the family USED the KIMBELL spelling rather than the one shown in the will
Contact: Mary J Gibson
The State of Alabama, Morgan County deposition of Richard Draper and Benjamin
L. Chunn as witnesses named in the annexed commission to me directed as
commissioner of the clerk of the Circuit Court of Morgan County at the Court
House in the town of Sommerville on this 15th day of February 1866 We read in
evidence on behalf of the plaintiff on the trial of a certain cause now pending
in the Probate Court of said county of Morgan in the State of Alabama wherein
Samuel Jennings and Russell H Smith, Administrators of the estate of Roda
Lamascus, deceased, are plaintiffs and the Heirs at law and distributors of said
decedents Estate are defendants pursuant to and by virtue of the annexed
commission to me directed and issued from the office of said Court the said
Richard Draper and Benjamin L Chunn being by me first duly cautioned and
solemnly sworn to speak the truth, the whole truth and nothing but the truth
touching their knowledge of the matters in difference between the parties
(depose) and say in answer to:
Inter 1st We are-
Inter 2nd We are- Mary Smith, wife of Russell H Smith, Jane Cryer, wife of Alfred Cryer, James McCutcheon, McClellan McCutcheon, Martha Henderson, wife of Wesley Henderson, Mary Morrow, wife of Samuel D Morrow, all of whom are of the age of twenty one years old and reside in Morgan County except the said James McCutcheon who resides in Marshall County, Alabama and Mary Morrow and Samuel Morrow who reside in Madison County, Alabama. Also James Alford over the age of twenty one years a non-resident of this place & his residence is not known to us. - And Susan E Lamascus, James Lamascus and Charley A Lamascus. minors under the age of twenty one years and reside in Morgan County, Alabama. (These are the Children of Eli Lamascus)
Inter 3rd Said Lands cannot be equitably or beneficially divided amongst said Heirs at law and distributed without sale thereof.
Inter 4th It is
And further these defendants Say not-
B L Chunn
Report Of Commissioners
The State of Alabama, Morgan County
I C A Welch the commissioners named in the annex Commission to me directed do hereby certify to Judge of the Probate Court of Morgan County in the State of Alabama that the foregoing depositions of the witnesses Richard Draper & Benjamin L Chunn whose names are thereunto subscribed was by me (Cal—) under oath as mentioned in the caption above and was by them subscribed in my presence after the same had been corrected & (The page ends here )
The family of Eli is in the 1870 census of Morgan with there mother Eliza, widow of Eli Lamascus.
Copied from Filmed copy words in ( ) were illegible. Mary J Gibson
Contact: Ms. Chris Layman
ORPHANS (PROBATE) COURT LEDGER BOOK 8 PAGE 22 John & Peter Lamons Administrators of the Estate of Mordecai Lamons dec'd. In account current with said estate. To amount of Sales of personal property- $1525.00 amount collected from Mr. Blackwell 28.00 1553.50 No.#1 Paid J.H.Ryan $ 8.25 2 " A P Morrow & Co 1.00 3 " E.R. Wylie 7.75 4 " Saml & Jo Hunter 3.00 5 " Isom Lassiter 1.90 6 " Thomas Jones 7.00 7 " Reno & Sawyers .75 8 " Saml Guyer .50 9 " H York .75 10 " For Salt for family 3.45 11 " T. Jones 1.50 12 " Susan Lamond 1.75 R. Thompson 8.00 Clerks & Ledger fees 36.25 $ 57.75 57.75 1501.75 Commissions on $1553.50 at 4 per cent 62.14 Balance in the hands of administrators $ 1439.61 Sum to subscribed before me 17th June 1844 Thomas Price Clk Peter Lamons Admstr. I have examined the above account assessment and find it correctly stated and order due same to second. H. Philpott The Widow claiming a childs part there is ten heirs. I therefore decree that the above $ 1439.61 be divided into ten equal shares making $143.96 to each heir. Given under my hand this 17th day of June 1844. H. Philpott
LEWIS, HARDIN P.
Contact: Dianne Blankenstein
Orphans Court January 15th 1826 - Nicholas Lewis and John C. Nunnally, administrators; Wm King Sylvestus B. Walker and Whitfield W. Walker, securities
Orphans Court 29th day of April 1826 William King, William Read and Mason Briding Sr appraiser's.
William King William Read and Mason Breeding Sen who swore to and subscribed the foregoing certificate this 29th day April 1826 W. Skidmore JP. People who bought at the sale or whose names were mentioned in the sale: 1826 Sylvanus B. Walker,1826 Whitfield W. Rodgers, 1826 R. J. Marge, James Kay, James Scarborough, Simpson Foster charged to Sylvanus Walker, William King, Peyton Spence, George R Van Cleave, H. Smithton, Harry Finch, Mr. Danforth, G. Burnett Dr, Thomas Andrews
January 1, 1828 Daughters: Viz. Sarah P. Lewis now Sarah P. Rodgers, Emaline M. Lewis now Emaline M. Walker, Arthur M. Lewis and Daniel O. Lewis.
State of Alabama/Morgan County
Minute Book/Orphans Court
Book 5 1833-1841
January 1, 1832
This day came James Lowrie and Mary Lowrie, administrator and administratix of Robert Lowrie, deceased for the purpose of making final settlement of their administration and it appearing to the satisfaction of the court that their accounts and vouchers were duly filed and legal notice has been given and it also appearing from the exhibits of said account that said administrator has in his hand the sum of one hundred and ninety four dollars thirty five and a fourth cent which sum when paid as herein after decreased will be in full of their administration. It is therefore ordered by the court that said account be entered on record.
I, Edwin R. Wallace, Judge of the county court of Morgan County and State of Alabama do hereby order and decree that said administrator pat to Mary Lowrie, widow of Robert Lowrie, deceased, the sum of thirty eight dollars and eighty three cents being one fifth of said decendents estate.
I further order and decree that said administrator pay to James R. Lowrie the sum of sixteen dollars and fourteen centsbeing his distribution share of said estate.
I further order and decree that said administrators pay to Pleasant Sivley in right of his wife the sum of sixteen dollars and fouteen cents being his distributive share of said estate.
I further order and decree that said administrators pay to Elizabeth Lowrie the sum of sixteen dollars and fourteen cents being in full of her distributive share of said estate.
I further order and decree that said administrators pay to Margaret Lowrie the sum of sixteen dollars and fourteen cents being her distributive share of said estate.
I further order and decree that said administrators pay to Jane Lowrie the sum of sixteen dollars and fourteen cents being her distributive share of said estate. I further order and decree that said administrators pay to Harriet Lowrie the sum of sixteen dollars and fourteen cents being her distributive share of said estate. I further order and decree that said administrators pay to David M. Lowrie the sum of sixteen dollars and fourteen cents being his distributive share of said estate.
I further order and decree that said administrators pay to Mary Eliza Lowrie the sum of sixteen dollars and fourteen cents being her distributive share of said estate.
I further order and decree that said administrators pay to Samatha Lowrie the sum of sixteen dollars and fourteen cents being her distributive share of said estate.
E. R. Wallace, Judge
Contact: Jake Sturdivant
The State of Alabama }
Morgan County } To the honorable Probate Court of Morgan County the undersigned administrators of John D. McCutcheon late of said county deceased, respectfully alleges there intested died ceased & posest of the following described following described lands lying & being situated in said county & in the Huntsville Land district in said State to wit known as the W ½ SW ¼ Sec 28 T6R1W containing 80 acres also the E ½ SE ¼ Sec 29 T6R1W containing 80 acres making in all 160. We further allege that the following named persons – they & they alone An they heir & distributees of said decedent Josiah McCutcheon, John D. McCutcheon, George McCutcheon, Joseph McCutcheon, Joshua S. McCutcheon, Elizabeth Calvert formerly Elizabeth McCutcheon who is the wife of John Calvert of Hancock County in said State, Elviry Ann McCutcheon, Amanda McCutcheon, Nancy Lowry formerly Nancy McCutcheon wife of John Lowry. Also the children of William McCutcheon deceased, who reside in said county – all of whom are minors under the age of twenty one years – to wit = Mary Jane McCutcheon, Nancy McCutcheon, Sarah McCutcheon, Martha McCutcheon, also the children of Mary Bowers deceased, formerly Mary McCutcheon – all of whom reside in said county – to wit Mildred Bowers, David Erving Bowers, Jesse Tilman Bowers, all of whom reside in the said county of Morgan are minors under the age of twenty one years – We further alledge that a fair and beneficial and equitable division of said lands among said heirs and distributees cannot be made without a sale thereof. We therefore ask your honor to grant and make an order authorizing and empowering us to sell said lands for said purpose all of which is respectfully submitted this October the 13th 1857. (signed) Joshua S. McCutcheon, Administrator Sowell Jennings
The following is a correct list of the Heirs Legatees & Distributees to the
Estate of Jno. D. McCutcheon deceased to wit: Joshua McCutcheon & Sowell
Jennings Administrators of the Estate of Mary McCutcheon deceased who was the
widow of said John D. McCutcheon dec’d – Josiah McCutcheon, Elizabeth Calvert
wife of John Calvert reside in Texas, Nancy Lowery widow of John Lowry and
formerly daughter of said Jno. D. McCutcheon, George W. McCutcheon, John D.
McCutcheon, Joshua McCucheon, Joseph McCutcheon, Elvira Locke wife of Wm. G.
Locke, Amanda Matthewson wife of William Matthewson Madison County, Alabama, and
the Heirs of Mary Bowers dec’d wife of Jesse Bowers dec’d who was formerly the
daughter of said Jno. D. McCutcheon, deceased to wit Mildred White wife of
William White, David E. Bowers, Jesse T. Bowers, all minors under 21 years of
age – Also the Heirs of William J. McCutcheon, deceased, who was the son of said
Jno. D. to wit – Mary McCutcheon, Nancy McCutcheon, Sarah McCutcheon, Martha
McCutcheon, - all minors under 21 years of age & that Sowell Jennings is their
legal Guardian –
Sworn to & Subscribed } J. S. McCutcheon
Before me 14 March 1859 } Sowell Jennings
The Petition of Abe Ryan represents that John D. McCutchen(sic) departed this life at his home in said county on or about the first day of January 1909, leaving no last will or testament, so far as your petitioner knows or believes . . . real and personal estate being estimated to be worth about seven thousand dollars . . . the heirs and distributees so far as your petitioner knows or believes are as follows, to wit: the widow C. P. McCutchen and Mary Johnson residing in Morgan County, Alabama and Estes L. McCutchen, Lewis J. McCutchen, N. A. McCutchen, Annie M. Vest, residing in Cullman County, Alabama, and all over the age of 21 years except Annie M. Vest who is 19 years old and married. The widow has declined to administer the estate . . . your petitioner is a friend of deceased
2 July 1912 – Abe Ryan, Administrator of the Estate of John D. McCutcheon,
lists the following heirs:
Mrs. C. P. McCutcheon, widow, aged 64, residing in Vinemont, Ala.
Mrs. Mary E. Wilson, aged over 21, residing in Lacey Springs, Ala.
Annie M. Vest, aged over 21, residing in Joppa, Ala.
Lewis J. McCutchen, aged over 21, residing in Somerville, R3.
N. A. McCutchen, aged over 21, residing in Birmingham, Ala.
Mrs. M. W. McCutchen, aged over 21, residing in Joppa, Ala.
Edward McCutchen, minor, residing in Joppa, Ala.
Carson McCutchen, minor, residing in Joppa, Ala.
Decree in Final Settlement
Abe Ryan, Administrator of the Estate of John D. McCutcheon has now in his
hands and is indebted to estate in the sum of Fifteen Hundred & Fifty Eight &
07/100 dollars. John D. McCutcheon left his heirs and distributees the following
persons, to wit: Mary E. Wilson, a daughter; Mrs. C. P. McCutcheon, his widow;
the children of Abbot McCutcheon, deceased, a son viz: Lewis J. McCutcheon, N.
A. McCutcheon, Annie M. Vest, and Mrs. M. W. McCutcheon widow & Edward
McCutcheon, & Cosson McCutcheon, children of E____ L. McCutcheon a son of Abbot
McCutcheon. That said sum is to be divided into three shares, each share amounts
to the sum of five hundred and nineteen dollars, it is therefore ordered and
decreed that Mrs. C. P. McCutcheon have and recover of the said Abe Ryan as
administrator . . . Four Hundred and Nineteen & 36/100 dollars, her distributive
share of said estate. And the said Mrs. C. P. McCutcheon, in open court
acknowledging the payment & receipt of said sum of $519.36 and is ordered that
this decree be and is hereby declared satisfied. [note: omitting the “legalese”,
the following named persons were allotted the given amount. JRS]
Lewis J. McCutcheon $123.84; Mrs. Mary E. Wilson $519.36 [failed to copy the next page]
The following list was transcribed from Morgan County Archives Order Book page 83
Estate of John D. McCutcheon
Appraisers: W. T. Oden, A. K. Frost, and D. M. Chaffin, on 25 February 1909. Wm. E. Skeggs, witness.
Notes due to the estate
J. J. Cudd $2,509.00 Good
W. J. Weaver 220.00 “
T. R. Drinkard 21.60 “
J. W. Drinkard 220.00 “
A. M. Drinkard 133.00 “
W. J. Weaver 62.00 “
H. G. Flack 22.00 “
W. T. Johnson 19.75 Doubtful
J. H. Ryan 350.00 Good
Jasper N. Kyle 105.00 Worthless
J. H. Adams 33.00 Good
F. M. Ryan 43.00 “
D. Z. Smith 16.65 “
All the above notes valued as indicated with legal interest. NOTE: John Davis McCutcheon (Jr.) was born 4 July 1812 and died 1 January 1909. He was the son of John Davis McCutcheon (Sr.) and Mary Collins who were both born in SC. John (Jr.) married first to Susanna Collins 9 December 1840 in Morgan County. Their children: Mary E. b. 23 Aug 1842, m. Robert Wilson; (2) Malinda, b. 1843, m. William J. Loggins; (3) Andrew Abbott/Abit, b. 1848, m. Mary Ann Beason. John (Jr.) married second to Clematra (??) in 1895 (probably in Madison Co., AL). John (Jr.) is buried with wife #1 Susanna in Collins Cemetery in Morgan County, AL. JRS
Contact: Linda Eddy
Recorded in Morgan Co., AL Probate Court Book 37, pages 2-4 Morgan County In
Probate Court, Special Term, Sept. 12, 1871
Present, the Hon. Jonathan Ford Judge
In the Matter of the Estate of James McMurry, Deceased Order appoint day for proof of Will. And now, on this day, comes Permelia McMurry and produces to the Court an instrument of writing, purporting to be the last will and testament of James J. McMurry deceased, duly signed and published by him, and attested by John L. West, A.T. Basham and Benjamin Askew as witnesses, and there with also presents her instrument of writing be admitted to probate and record as the true last will and testament of James J. McMurry, deceased; and it appearing to the satisfaction of the Court from the allegations contained in the said petition, and from other good and sufficient evidence, that the said James J. McMurry departed this life a this residence in said county on or about the 14th day of August, 1871, beat the time of his death an inhabitant of said County, leaving assets in the State and that she, the said petitioner, is named in the said will as Executrix of the said will. . . And it further appearing that the said deceased left surviving him the following named heirs and legatees to wit: Aquilla McMurry, Mary J. Jones, wife of William B. Jones and Malinda Freeman, wife of G. W. Freeman all of whom are over the age of twenty one years and reside in Morgan County, Alabama and William K. T. McMurry and Nancy E. McMurry who are minors under the age of twenty one years of sound mind and reside in Morgan County Alabama. Jonathan Ford-Judge Probate Court, Morgan Co., AL
Contact: Jake Sturdivant
This 1854 “UNRECORDED” Will was found in a Will folder with another Will by Elbert J. Minter (now deceased), which he placed in the Morgan Family Files [Morgan County Archives]. It had not been recorded or put through probate. The will is as follows and is recorded here exactly as written (transcribed by Elbert Minter). Submitted by Jessie Ruth Sturdivant, Hartselle, AL
I, Sarah Morgan, of the State of Alabama & County of Morgan, do make and
ordain this my last will and testament in manner & form following viz, Because
my husband, Jonathan Morgan & myself had the misfortune to disagree & seperate,
about twenty three years ago, when we lived in Montgomery County, State of North
Carolina, at which seperation I had no property of any kind: and because my
beloved son and daughter Miniard Morgan and Elizabeth Morgan, (now Elizabeth
McDonald, wife of James McDonald, of Newton County, Georgia): remained with me &
helped me to accumulate all the property of whatsoever kind I now have to
devise, & further because I still live with, & commit myself in my old age &
helplesnes to the maintainance, care & protection of my said son Miniard Morgan
of said Morgan County Alabama.
I therefore hereby give and bequeath to my said son and daughter, all my estate of whatsomever kind of nature, that is to say, to my said son Miniard, who I hereby appoint my executor, I give & bequeth the ___________ (blank space) and to my said daughter Elizabeth the other __________ (blank space). This is my last will & testament and I hereby revoke all other, former wills by me heretofore made.
In witness whereof I hereunto set my hand & seal the _______ (blank) of _______(blank) in the year of our Lord one thousand eight hundred & fifty four.
R. Mos Sarah Morgan (by her mark)
Contact: Lois Boesch
9th Day of March, 1840 in Orphans Court The last will and testament of
Rebecca Nevill of Morgan County, Alabama. Rebecca Nevill, considering the
uncertainty of this mortal life, and being of sound mind and memory, do make and
publish this my last will and testament in manner and form following that is to
say, FIRST: I give and bequeath unto my son, Osborn S.Nevill, one hundred
dollars ($100.00). Item: I give and bequeath unto my son, Hilman H. Nevill,
three hundred dollars ($300.00). Item: I give and bequeath unto my daughter,
Elizabeth C. Shepherd, one negro girl, Jane, and the sum of five hundred dollars
($500.00). Item: I give and bequeath unto Richard B. Nevill the sum of twenty
five dollars ($25.00). Item: I give and bequeath unto Augustin H.(?) Nevill the
sum of five dollars ($5.00). Item: I give and bequeath unto Nathaniel G. Nevill
the sum of one hundred dollars ($100.00) and one horse, bridle, and saddle,
which said several legacies or sums of money. I will and order to be paid to the
said respective legatees within twelve months after my decease. I further and
lastly give and devise to my son, Holket S. Nevill, his heirsand assigns all my
real estate or tenement situated and lying in Morgan County, together with all
my other freehold estate, whatsoever to wit. Two negro fellows, Harry and
Monday. Two negro women, Sarah and Clary, and all my household and kitchen
furniture, stock of every description, farming utensils, etc., together with all
my notes, bonds, dues of, etc., and the residue of my personal estate, goods and
chattels of what kind and nature soever, whom I also appoint sole executor of
this my last will and testament, hereby revoking all former wills, by me, made
in witness whereof, I have hereinto set my hand and seal, the 23rd of February
the year of our Lord one thousand eight hundred and forty. Her Rebecca (X)
One Signed, Sealed and Published and Declared by the above named Rebecca Nevill to be her last will and testament, in the presence of us, who at her request and in her presence have subscribed our names as witnesses thereunto. Samuel Elliott, Jr., W. C. Burt, T. I. Bell
This day personally appeared in open court, Sam Elliot, Jr., Wm. C. Burt and T. I. Bell, the three subscribing witnesses, to the last will and testament of Rebecca Nevill, late of said county, deceased, and when duly sworn, deposeth and saith, that they heard Rebecca Nevill request, Saml. Elliot, Jr. to sign her name to her last will and testament and heard Rebecca Nevill, acknowledge and publish the same as her last will and testament and that they, the said Samuel Elliot, Jr., Wm.. C. Burt, and T. I. Bell subscribed and witnessed the same in the presence of said descendent and in presence of each other, at the request of said Rebecca Nevill, decd., and that they believe that the said Rebecca Nevill, decd., was at the time of signing the same, of sound and disposing mind and memory. Signed and Sworn to in Open Court. 9th Day of March, 1840 Thos. Price, Clerk C.C. Let the aforesaid Last Will and Testament of Rebecca Nevill, decd., and the affidavit be entered of record this 9th day of March 1840. H. Philpott, Judge
Last Will and Testament of Thomas Raper..State of Alabama, Morgan County Know
all men by these present, that I, Thomas Raper, of Morgan County in the State of
Alabama, being in failing health, but of sound mind do make and publish this my
last will and testament as to my worldly estate and all the real, personal or
mixed property of which I shall die seized and possessed as to which I shall be
entitled at the time of my decease, I devise bequeath, and dispose thereof in
the matter following (towit) First, my will is that all my just debts and
personal expenses shall by my executors hereinafter named be paid out of my
estate, as soon after my decease as convenience, second, I give devise and
bequeath to my son T. F. Raper one Dollar, my daughter Adeline E. Wade one
Dollar, my Daughter Sarah Ann Johnson one Dollar, my Daughter Joeaner Royer one
Dollar, my Daughter Missouri Ophely Russell one Dollar. My Daughter Emma Hitt
one Dollar. Third, after the foregoing is paid I will devise and bequeath to my
Two Daughters Cherry Ann Raper and Cherykee Raper the remainder of my property
both real & personal of all my possesses at my decease provided however that
they shall provide a good living for their Mother Susan Raper, shall she outlive
me, provided furthermore that they shall remain single. Fourth. I do nominate
and appoint my son in law, Thomas Russell to be the executor of this my last
will and Testament. In Testimony whereof I, the said Thomas Raper have to this
my last will and testament caused my name to be subscribed and affixed my work
and seal this day this the 17th day of February 1900. Signed sealed and declared
by the said Thomas Raper as his last will and testament in the presence of us
who at his request and in his presence, and in the presence of each other have
subscribed our names as witnesses thereto.
L. W. Jones Thomas X Raper
J. A. Washburne mark
T. F. Raper
filed in office December 3rd 1900 and December 18th 1900 for taking proof.
Wm. E. Skeggs, Judge of Probate
Estate of Thomas Raper Deceased.
In application to probate will, citation to next of Kin. State of Alabama Morgan County In Probate Court December 3rd 1900. In the matter of the estate of Thomas Raper Deceased. To Jas. H. Wiggins Sheriff of Morgan County. Alabama, Greeting. Whereas Thomas Russell as this day produced in said court an instrument of writing purporting to be the last will and testament of Thomas Raper, and therewith filed his petition in writing under oath, praying that said instrument of writing be admitted to probate and record as the will and testament of said Thomas Raper Deceased. And it is ordered by the court that the 18th day of December 1900 be set as the day on which to hear testimony and in proof of the due execution of said purported will and testament of said Deceased. You are therefore, hereby commanded to site Susan Raper, T. F. Raper, Adeline E. Wade, Sarah Ann Johnson, Joanna Royer, Missouri O. Russell, Emma Hitt, and Clery Ann Raper, Cherokee Raper. to be and appears before this court on said 18th day of December 1900. Then and there to show cause, if anything they have to allege why said instrument of writing should not be admitted to probate and record as the true last will and testament of Thomas Raper Deceased. Herein fail not to have you then and there this writ with your endorsement showing the matter you have executed the same witness my hand at office in Decatur on this 3rd day of December 1900. Wm. E. Skeggs Judge of Probate, Morgan County Alabama. executed by handing copy of this writ to each of the within named persons Dec 4th 1900 James H. Wiggins Sheriff
Contact: Jessie Ruth (Green) Sturdivant
In the name of God, Amen. I William Shaver of the county of Morgan, and State of Alabama, being in a low state of health, but sound in mind, do make and declare this to be my last will and testament, to wit as follows--I do hereby will and declare that I appoint my dearly beloved wife Agness, whole and sole Guardian of my infant children, to wit, Lucinda, Granville, Ransom, Washington, Jackson, Marian, Elisha, Wylie, Alexander, and Simpson, and do also declare that my wife Agness is to keep the whole of my property that I die possessed of, both real and personal, together with all goods, wares and merchandizes, also what money there is belonging to me, for the purpose of raising and supporting my children, which property she has full control of for the purposes _____ specified, during the time of her widowhood, and in case she should marry, during the time of her guardianship, I request of my administrator to see justice done my children by a fair division of my property amongst my legal heirs.... I hereby appoint Henry Davidson my wife, Agness, administratrix... Signed,sealed and delivered this 7th day of November, in the year of our Lord one thousand eight hundred and thirty six. William Shaver (seal) In presence of us Lancelot Chunn, J. J. Scott, & Henry Davidson. [Note by transcriber: On April 22, 1839, J. J. Scott & Henry Davidson submitted an inventory of the property belonging to the estate of William Shaver, dec'd. The personal property (including notes due from White & Terry, Paterson Dean, and Joseph G. Thomas) totals $1501.62. William Shaver's oldest daughter, Sarah, was married to Joseph G. Thomas. Several years after William's death, Agness and younger children moved to Texas, and most of the decendants there spell the name "Shafer"
Contact: Kathy Hudson
Aug 23, 1839 Amy Stokes filed for administrix to John Stokes estate. Michael St. Clair & A. Skidmore signed as securities with Amy. Sept 11, 1830, John's estate is appraised. Oct. 25, 1830 John's estate is sold.
Contact: Debbie Henderson
Probate Court September 11, 1838
Wife Margaret, son-in-law Phillip Watkins (md Matilda M.), son-in-law Richard Gillentine (md. Liana), William Hendon (a bequeath given but no relationship listed), our children (names not listed), brother Drury Stovall executor, and "my friend" Robert Johnson executor , son Thomas Tilmon Stovall. Testators: Peter Stovall, Edmund Stone and John Glaze
THOMAS, Henry A. -- Probate of Estate.
(This Probate file is located in
the loose files of Morgan County Archives.)
Contact: Jessie Ruth (Green) Sturdivant
Henry A. Thomas was born between 1770-80 (unknown location), died 27 July
1836 in Morgan Co, AL. The final settlement of his estate was accepted by Green
P. Rice, on the 23rd day of April A.D. 1838. The first paragraph of the document
names the heirs.
This day personally came J. G. Thomas administrator of Henry Thomas dec'd and upon final settlement it appears to the satisfaction of the court, that there remains in the hand of said administrator the sum of one hundred and fifty dollars, after payment of all debts & charges against said Estate, which sum is decried to be divided between, Sarah Thomas, widow of decsdent(sic), John Thomas, the heir of Andrew Thomas dec'd, Richard Thomas, William C. Thomas, J. G. Thomas, adm., James Couch in right of his wife Isabella, formerly Isabella Thomas, William West, in right of his wife Sarah, formerly Sarah Thomas, Henry Thomas and Rhodah Thomas, heirs and legatees of Henry Thomas deceased.
(Note: In 1838, Rhoda married John M. Alford. We know that many, if not all, of Henry Thomas' children were born in Tennessee. They may have been in Blount Co, TN, prior to coming to Morgan County, but that has not been proven. JRS)
The following "Petition of Joseph Thomas for Title to Land" is in Morgan County Orphans Court Record Bk 7 (1837-1844), pp 10-12, located at the Morgan County Archives, and reads in part. "The petition of Joseph Thomas of said county represents that one Henry Thomas the father of your petitioner who is now deceased ... sold to your petitioner ... the south east half of the south west quarter of section number fifteen township number six of range number one west .... Henry Thomas was departed this life in said county intestate leaving his widow Sarah Thomas & the following children over twenty one years of age, to wit, your Petitioner, Joseph, Ritchie Thomas, Wm. C. Thomas, Henry Thomas, James Couch who intermarried with Isabella, formerly Isabella Thomas and William West, who intermarried with Sarah formerly Sarah Thomas, all of whom are over Twenty one years of age and Rhoda Thomas an infant under that Age. Andrew W. Thomas one of the sons of said Henry Thomas Decd, had departed this life before his father, leaving his widow Mary L.Thomas and the following children to wit, Culpernia Jane Thomas, Thomas and the following children to wit, Culpernia Jane Thomas, Elizabeth B. Thomas, Emalina Thomas, Noble Harrison Thomas, James R.(or K.) Thomas and Andrew W. Thomas all under twenty one years of age." [Note by transcriber: The eldest son of Henry Thomas, John, was not mentioned, and was probably merely an oversight. This document is the first one found by this researcher which names the children of Andrew W. Thomas. They apparently were not living in Morgan County.
THOMAS, Joseph G.
Contact: Jessie Ruth (Green) Sturdivant
Joseph G. THOMAS (born 1807-1810 TN; died 17 Jan 1890 Morgan Co, AL).
Handwritten Will (found at Morgan County Archives) "...my wife to giveand bequeath to her all of my property without reserve consisting of land real estate horses hogs cows household furniture and in fact everything I possess on earth, to be used by her for her own benefit as she may deem proper after my death...", dated and signed 10 Aug 1888, witnesses J. M. McCutcheon and F. M. Wade. On 5 Feb 1890, Sarah Thomas filed in Probate Court the document which stated that Joseph G. Thomas "...departed this life at his residence in said county on or about the 17th day of January 1890..." His widow, Sarah Thomas, was Administrator of the Will, and listed the following as the next of kin (all were residents of Morgan County, except where the document specifically states another place of residence): Widow, Sarah Thomas; son, James Thomas; son, Henry Thomas; Sarah A. Echols, wife of Hiram Echols; Joe Jr., R. M. (residing in Lawrence Co., AL), Jane Hollin, wife of Whit Hollin (residing in Texas) Mattie Brooks, wife of Wm. Brooks; children of Elizabeth Dean, dec'd, viz: Will Dean, Henry Dean, Charles Dean & Ed Dean, all over age 21; children of Lucinda McCutcheon, dec'd, viz: Laura Wilson, wife of Dick Wilson, J(illegible) McCutcheon, Jack McCutcheon, Ada McCutcheon, "Chum" McCutcheon, (name illegible), Mura McCutchen, Morda McCutcheon, George McCutcheon, all minors except Laura Wilson, James McCutcheon & Jack McCutcheon who are over 21 years of age; also children of Eliza Johnson, dec'd, viz: Calvin Johnson, Jr., Ryle Johnson, James Johnson, all over age of 21, and Magie Black, a minor, & Wm. Black & Walter Black both of whom are minors. Also the children of Jack Thomas dec'd, viz: ____ Thomas & ____ Thomas, both of whom are minors and reside in the state of Arkansas. Wm. Thomas the number of children unknown who resides in the State of Arkansas. [Note by transcriber: The names of the children of Jack Thomas were not filled in, and were shown as "____". Additional information on family -- Joseph G. Thomas was the son of Henry Thomas; Joseph's wife was Sarah "Sally" Shafer/Shaver, born 1812 in TN, eldest daughter of William Shafer/Shaver & Agnes "Aggy" Parker.]
WIGGINS, Mrs. Cnicy S.
Contact: Linda Eddy
Jethro Judson Weaver died in August 1866. His estate was probated in March
1869 recorded in Morgan Co., AL Orphans Court Book #27, pages 98-100 briefly
To the Honorable Jonathan Ford Judge of the Court of Probate of Morgan County in the State of Alabama. The undersigned late Sheriff of Ex Officio Administration of the Estate of Jethro Weaver late of said County deceased, respectfully reports unto your honor that the following named persons they and they alone are the heirs at law and distributes to Said Estate. To wit, Mary Weaver widow of said descendent of full age who resides in Said County. Eliza Green wife of Eason Green and a daughter of said descendent of full age who resides some where in the State of Georgia, Jesse J. Weaver a son of said descendent of full age and resides in Morgan County, Alabama, Seaborn L. Weaver a son of said descendent of full age who resides some where in the State of Georgia, Lucy L. St. John wife of Enoch St. John and a daughter of Said descendant of full age who resides in Morgan Co., Alabama, Amanda M. St. Clair wife of James St. Clair and daughter of Said descendant of full age and resides in Morgan County Alabama, the children of Joseph J. Weaver-deceased who and of said Jethro Weaver deceased the names and ages of whom are unknown and who reside in Hunt County Texas. Nathan B. Weaver a son of said Jethro Weaver deceased of full age who resides in Morgan County Alabama. Sarah J. Sams wife of Eli M. Sams and daughter of said descendent of full age and resides in said County. William S. Weaver a son of said descendent of full age and resides in said County and Piety C. Doss wife of William Doss who was a daughter of said descendant and of full age and resides in said County of Morgan all of said heirs and distributes and of sound mind all of which is respectively Submitted.
John Hart, late Sheriff & Ex. Officio Admr. De Banis Neu.
Sworn to and Subscribed before me 22nd day Mary 1869—Jonathan Ford Judge, P. C.
WIGGINS, Mrs. Cnicy S.
Contact: Rose Parks
Morgan County Alabama Probate Court Estate of Mrs. Cnicy S. Wiggins, widow of
Bright H. Wiggins Probate Court Book 12 page 282 -285 dated 7 October 1853,
Susannah Wiggins, Joseph Herring and John B. Stuart signed probably as a
guardianship bond. Copy I have is evidently only the last portion of it. Below
there is this Report:
A list of property that has come into my hands as guardian of MARCELLA, JAMES, MARY ANN AND JOSEPHINE, CHILDREN OF CNICY WIGGINS, DESCEASED. to wit: Julia age 30, Minty 12, Viney 10, Henry 8, Dolly 6, Carolina 4 Sally 2. Money and notes: $50. in money 1 note on Edward Wise for $140.88 1 note on R.B. Nesmith for $16.50, 1 note on John M. Kent for $25.12 1/2 cents, the last 3 of these due 27 December 1853.
State of Alabama Personally appeared before Mr. A.A. Howlett a JP in and for county and state aforesaid 18th day October 1853. Susannah Wiggins made oath that the above list and amounts is correct as she can make it. Susannah Wiggins Ordered to be entered of record 17 October 1853 W.H. Campbell Judge Probate Court.
***Copies of Book 13 pages 56 and 60 are in my posession but add no new information. As well as Book 14 pages 292 and 325-328 and from Book 16 page 262.
The documents below were in Morgan Co. Alabama but were copies of proceedings in Cherokee Co., TX. Book 13 pages 135,136 and 139 Jesse Wiggins, Guardian of Marcella Wiggins The following is the proceeding in the Probate Court of Cherokee County Texas at a special sitting of said court on 21st day of March AD, 1854 (This petition goes on to say that Marcella is a resident of Cherokee Co. Tx. but still a minor and needs a guardian to manage her inheritance from her father Bright H. Wiggins from Morgan County, Alabama. Jesse is stated as a resident of Cherokee County, Texas also. There is also petition from Marcella saying the same, her petition signed by William A. Evans and Mary R. Evans, also noted is that this is only until the 1st day of the next March term of Probate Court. The bond was given for $1100. even though the estate was only mentioned to be over $500. signed Jesse Wiggins Wood and Wiggins Attorney for petitioner. The guardianship bond was signed by Jesse Wiggins, William McKinney and Joseph Turney, recorded 21 March 1854.
Records Book 13 (1853- ) page 135 The State of Alabama, County of Morgan, Probate Court Special Term April 27, 1854 Comes Jesse Wiggins Guardian of Marcella Wiggins and applied for an order of distribution to divide all the personal property belonging to the estate of Cnicy Wiggins lately deceased of which the said Marcella is an heir and Legatee. It appearing to the satisfaction of the court that the said Cnicy Wiggins died leaving the following named lawful heirs and legatees to wit: WILLIAM T. WIGGINS, the State of Mississippi, and MARY ANN WIGGINS, JAMES WIGGINS, JOSEPHINE WIGGINS AND MARCELLA WIGGINS, all residents of Morgan County Alabama except for Marcella who resides in Texas. This is ordered (last line on page not illegible) page 136 John C. Orr, Jonathan Gibson, and Drury Stovall be and are appointed Commissioners to divide and allot all said property among the heirs fairly and equally. They are required to make return of said amount together by Monday 8 May next Special term of Probate Court to be held for that purpose.
page 139: State of Alabama. Probate Court Morgan County May Term 1854 , Being the 8th of said month. This day came in Joseph Stroup, Sheriff of said county and return of the report of commissioners appointed to divided the negros belonging to the estate of Cnicy Wiggins lately deceased. To Wit: the Report of R.M. Johnson, Jonathon Orr, J.C. Orr and Jonathan Gibson the commissioners above named who report as follows that they have divided the property belonging to the Estate of Cnicy Wiggins among the heirs and legatees of said decedant To Wit: To William T. Wiggins, Dolly and Carolina valued $775.00; To Marcella Wiggins, Vina valued at $650. To James Wiggins, Henry valued at $600 To Josephine Wiggins, Julia and child valued at $800, To Mary Ann Wiggins, Minta valued at $750 and that William T. Wiggins pay to Susannah Wiggins guardian the sum of $12.05 and that Josephine pay to Susannah Wiggians guardian $37.05, that Susannah Wiggins guardian pay to Marcella Wiggins $12.95 and Susannah pay to Mary Ann Wiggins $12.95 and to James Wiggins $162.95. which report was received by the court and same to be entered into record and it is appearing to the satisfaction of the court that Marcella Wiggins residing in the State of Texas and that Jesse Wiggins of the State of Texas is the guardian of the said Marcella and that he has duly qualified and given bond as such. It is therefore ordered adjudged and directed by the court that the said Jesse Wiggins guardian of said Marcella have leave and he is hereby authorized and required to remove the property above alloted to said Marcella from this state to the State of Texas and that he take a copy of this order to the Judge of County Court of Cherokee County in State of Texas and that the said Jesse A. Wiggins guardian aforesaid pay the cash/cost in this behalf expended.
Final Probate Court Records Book 16 Page 255-261 16 February 1858 in Morgan County, Alabama, Susanna Wiggins, Guardian of Heirs of Cnicy Wiggins, Desc'd.
20 January 1859 William T. Wiggins recieved slaves Dolly and Caroline slaves $775.00 money rec'd previously $57.26 equal $832.26 minus share of $762.95, Wm. T. owes Estate $69.31
Marcella received slave Henry and money to equal $762.95 James received $705.25 Mary Ann received via her guardian William M. Harris, Sr. in Marshall County, Mississippi who was paid her board of $75. for 3 years, her share merchandise, schooling and leather in 1859 total of $30.43 1/2 cents. Josephine B. with her guardian William M. Harris, Sr. in Marshall County, Mississippi $110.46
bottom 1/2 of page 256 begins a detailed account of shoes, bonnets, ribbon and dress material paid to J.W. Falk 1855-1857 and from 1852-1855 tution paid for both to J.W. and M.J. Herring and a Dr. bill, apparently for slave of one of the girls.
page 259 William T. apparently signed reciept at this date of 25 August 1855 to Susanna Wiggins for his share witnessed by Joseph Herring and John R. Wiggins (his Uncle's by blood and marriage) Power of Attorney...State of Mississippi, County of Marshall 15 February 1858 minors over age 14 Mary Ann and Josephine Wiggins now reside in Marshall County with their brother James, he is young and not possessed of much experience in management of estates and feels disinclined to be their guardian.. William M. Harris, Sr. says they reside with him and he is willing to be the guardian. His son William, Jr. and another make security arrangements. Guardianship is granted to William M. Harris issued 19 February 1858 and in three (3) months he is to present to the court an inventory of property.
Contact: Rose Parks
Morgan County, Alabama, Orphans Court Book 10 Morgan County Probate Court,
James Wiggins died intestate Books 11,12, 13,
Transcribed by Rose Parks, Rt. 1 Box 119-B Avery, Texas 75554 from copies of original records, copied at the courthouse for me by Louise Julich and Clara Howell.
Book 10, page 74, 17 October 1849 Orphans Court, Special term Whereas it has been made known to said court that James Wiggins late of said county deceased, intestate and that Joseph Herring has applied for Letters of Administration and upon his entering into bond and security in the sum of twenty thousand dollars, which he did and was approved by the court and he took the oath. Ordered by the court that Jonathan Orr, D. Stovall, William Mims, James Wise and Watkins Orr are hearby appointed to appraise the Estate of James Wiggins, deceased.
page 76, 25 October 1849. Jacob Herring appeared and offered inventory and terms of sale etc. James Wise is appointed guardian by the court for William T., Nancy, Marcella, James, Mary Ann, and Josephine minor heirs of Bright H. Wiggins, deceased. (son of James Wiggins) Sarah, Matthew, Mary, James W., John, infant heirs of Matthew Wiggins, deceased.(son of James Wiggins)
page 92-93 Charles Tucker is appointed guardian by the court instead of James Wise. Joseph Herring has leave to sell the following negros: Starling a man, and Penny a woman, belonging to deceased estate. Ordered by the court a Writ of Distribution issued to the Sheriff of Morgan County to divide and set apart to the heirs of James Wiggins all the negros except Starling and Penny and all the real estate of said deceased, returnable the fourth Monday in February next.
Book 10, page 99, Feb. term 1850 Sheriff W.P. Terry made return of the distribution issued and ordered to be entered into report.
27 February 1850; page 101 Jacob Herring came to court and made return on sale of cotton and the two negros, Starling and Penny.
page 312, 10 November 1851 Jacob Herring filed his account and vouchers with the Judge of the Court, it is ordered that Jacob Herring present accounts on the 4th Monday in November at the courthouse in Somerville where all persons interested in said settlement are required to appear and make exceptions to said account if they think proper.
page 315.Jacob Herring appeared and all accounts in order and ordered to be entered into record.
Book 11, page 214-220, 17 October 1849 to 9 February 1850 Administrator Joseph Herring was appointed and bond dated 17 October 1849, George Wiggins, J.L. Wiggins, Jesse Wiggins, William P. Key, and A.A. Hewlett all were on the document of Administrators Bond. Jonathan and Watkins Orr and James Owen were appraisers of the personal property. Bill from A.W. Nunn $3.50 for making coffin dated 29 June 1849.
Page 215 Inventory and appraisment: Note on Joseph Herring $30. Note on Bright H. Wiggins, deceased $376.22 Note on George Wiggins, thought paid $38.25 Note on John England $2.25
Negro's listed :man Abram 125.00; Betty _00.00; Milly 475.00; Celia 450.00; Penny 475.00; Harry 725.00; Hester 525.00; Starlin 750.00; Vina 450.00; Margaret 400.00; Henry 450.00; Richmond 75.00; Thurston 255.00; Serh 300.00; Peter 650.00; Amos 700.00; Fortune 450.00; Lucy 380.00; Jimmy 200.00; Allen 725.00; Phillis 400.00; William 400.00; Minty 525.00; Sam 525.00; Ive 275.00; Manda 225.00; Martha 150.00.
Inventory: 5 horses, 30 cattle, 2 yoke work oxen, 119 hogs, 18 stacks fodder, 300 barrels corn, 25000 seed cotton, set blacksmith tools, set carpenters tools, 4 raw hides, 3 sythes and cradles, 1 cany plows, 3 side harrows, 1 old wagon, 1 sulkey and harness, 1 jack screw and shingle knife, 1 cross cut saw, 4 shovels, grind stove, ??tools,/hoe and grubbing hoe, hand axe and broad axe, dutch fan, wheat threasher, straw cullen, 2 tin head irons, 3 empty cask, 2 pr. balances, steelyards, 3 shot guns, household furniture, 4 tables, 2 bureau and 2 chest, 1 clock and 1 looking glass, dressing glass and candle stand, 4 beds furniture and 3 bedsteads, 1 cupboard and contents, 1 safe and contents, 19 chairs, Bible and 3 vol. Bunyan Wks, 35-40 other books, 1 baking frying pan, coffee pot,
page 217 and 1/2 page 218 is listed with buyers of the estate.
page 218 The State of Alabama Morgan County.. To any Sheriff in the State of Alabama Greetings You are hearby commanded to summon LAWSON GARNER, JONATHAN ORR, MATTHER W. TROOP & DRURY STOVALL to act as commissioners to allot and set apart all the negros belonging to the estate of JAMES WIGGINS, desceased except Starlin and Penny (who were purchased at the sale) and also the following real Estate of said decedant, to wit: Section 1(?) Township 8, Range 5W, NE 1/4 of S1 T8 R5W except 10 acres, S 1/2 of NE 1/4 of S12 T8 R5W, NE1/4 of NE 1/4 S7 T8 R4W, E1/2 of NE1/4 of NW1/4 of S31 T8 R4, SW1/4 of S31 T8 R4 except 10 acres, among the heirs and legatees of the said James Wiggins, deceased to wit: Joseph Herring in right of wife Anna The heirs of Bright H. Wiggins, deceased The heirs of Matthew Wiggins, deceased William McDonald in right of wife Lucy George Wiggins, Jacob Wiggins, Jesse Wiggins, John Wiggins William P. Key in right of wife Harriett John T. Aycock in right of wife Mary and Susan Wiggins and you with said Commissioners are also commanded to make a full report to Orphans Court to be held on the 4th Monday in February next. Herein fail not and have you then and there this precept. Wit: Tom Price Clerk of said Court at Office in Somerville 28th Day of January 1850. Sheriff's Return Executed this writ by summoning Jonathan Burleson, Drury Stoval, Jonathon Orr and Lawson Garner 7th day February 1850 William P. Terry, Sheriff.
Commissioners Report State of Alabama, Morgan County, To the Honorable William H. Campbell Judge of Orphans Court, the undersigned commissioners summoned and sworn in obedience to the following writ report that they assembled at the late residence of James Wiggins, deceased and proceeded to value all the property shown by the Administrators alloted Wm. McDonald in right of wife: one negro valued $633.33 and the N1/2 of W1/2 of SW1/4 of S31 T7 R4 valued at $1.75 per acre and to have $265.12. William P. Key in right of wife Harriett: one negro man Peter valued $627.66 and the S1/2 of W1/2 SW1/4 S31 T7 R4 valued at 1.75 per acre and $265.00 John R. Wiggins: Abram, Betty, Seah and Margaret valued at $663.33 and the NW1/4 of S6 (?) T8 R4 valued at $1040.00 and pay the estate $280.88 George Wiggins: SW1/4 of S6 T8 R4 valued $251.57 Susan Wiggins: Henry, Celia and child valued at $1150.99 and E 1/2 of NE 1/4 of S1 T8 R5 valued at $700 and to pay estate $402.71 Jesse Wiggins: SE 1/4 S6 T8 R4 and the NE1/4 of NE1/4 of S7 T8 R4 valued at $980.00 and to pay the estate $10.62. John T. Acock: negro girl Vina valued at $585.33 and the NW 1/4 of S31 T7 R4 except 10 acres on the west boundry valued at $$225 and to receive $188.12 Joseph Herring: in right of wife, Milly and child valued at $633.33 and E1/2 of NE 1/4 of S12 T8 R5 and the W1/2 NE1/4 S1 T8 R5 except for ten acres, say 1 hundred and fifty acres valued at $380.00 and to receive $68.77. Jacob L. Wiggins: girl Lucy valued $553.33 and NE 1/4 S6 T8 R4 valued at $720.00 and to receive $138.12. Your Commissioners would further report that the heirs of Matthew Wiggins have received the sum of $366.15, an unequal division and the heirs of Bright H. Wiggins had received $462.97 over a proportionable part in said estate and the discrepancy in the different amounts of each legatee was created by their having received a portion of their distributive share previous to this division, all of which is respectfully submitted on this the 9th day of Feburary 1850. W.P. Tems Sheriff Lawson Garner, Jonathan Orr, Drury Stovall
Contact: Rose Parks
Morgan County, Alabama Estate of Susanna Wiggins Probate Court Record Book
19, pages 31-33 dated 7th January 1862. Transcribed by Rose Parks from copies of
original records at Morgan County Courthouse.
Book 19, page 31, This day came John Wiggins son and heir of Susanna Wiggins, late of said county, deceased and made application to the court to appoint William D. Harper, the Sheriff of said court, Ex officio Administrator of the Estate of the said Susanna Wiggins. It appearing to the satisfaction of the court that forty days have elapsed since death of Susanna Wiggins.
page 32 William T. Walts, William T. Orr and Willis F. Orr be appointed appraisers and to report back to the court in sixty days. Two more entries on this page report an amount set for slaves be filed and then the Sheriff files the Appraisers report.
page 33 The Sheriff and said Appraisers/Commissioners have leave to sell all the personal property, except the slaves, of Susanna Wiggins Deceased, late of this county. Following this there are arrangements for what type credit allowed and where and when notices are to be posted of sale.
page 36, 11 January 1862 Sheriff makes application to the court to sell negro woman Penny belonging to said Susanna. That 2nd Monday in February be set to hear application and notices be posted.
page 52 The judge being fully satisified that all requirments have been made, does grant them leave to sell the negro woman Penny at public outcry to highest bidder with notice given on courthouse door and two other places.
page 55, 15 Feb. 1862 Sheriff and appraisers made report on the sale of personal property (except slave) and report filed.
page 149 17 Feb. 1863 Sowell Jennings Sheriff is hearby appointed as Ex officio Admr. of Estate of Susanna
page 155 William D. Harper, late Sheriff of county has filed his vouchers and accounts and ask for final distribution of estate and ask court to set a date. He filed a statement under oath of the heirs at law and distributes to said estate and which it appears that James H. Wiggins, Mary Wiggins, Matthew Wiggins, Frances Wiggins, Bright Wiggins, (Matthew marked out) Walter Wiggins, Josephine Wiggins, James Aycock and Sarah Ann Aycock are minors under age of twenty one. It is ordered that Henry M. Mason be appointed to represent the minors in the settlement and did appear in court and accept appointment.
page 170 The sheriff and commissioners appeared and it was proved satisfactory to court that notice had been posted for final settlement. Total of account was $1472.87 cents and entitled to credits to the amounts of $1192.22 leaving a balance of $282.65 in the hands of the late sheriff and due the estate..
page 461, 14 March 1866 John Hart Sheriff of said county appointed to Ex officio Administrator of the Estate of Susanna Wiggins
Book 22 page 228 and 229 April 10, 1866 , This day came John Hart, Sheriff and makes his report in writing giving the Inventory of notes and accounts belonging to the said estate which was sworn to and ordered to be filed and recorded. and consisting of notes, bonds which have come to his knowledge.
(I am taking these out of order to put various notes of people together) J.R. Wiggins note $84.00 due 1858
J.R. Wiggins bond 51.05 due 1863/53?
J.R. Wiggins note 51.00 1856
J.R. Wiggins note 51.00 1860
J.R. Wiggins note 65.00 due $1.00 1860
F.M Calloway 15.00 1862
F.M. Davis 100.00 1862
Mary J. Herring 100.00 1863
A.H. Harris bond 41.45 1863
Ann Herring bond 36.70 1863
Lucy McDonald 43.50 1863
S.A. Herring 140.00 1863
J.L. Wiggins 210.00 1860
This is a total owed the estate of Susanna, mostly by her children and grandchildren $978.70 and due Probate court of Morgan County, Alabama $282.65.
In Book 20 page 463 1863 these heirs are listed James (H), Mary, Matthew, Mary, Eliza J. married John Brown, Frances, Bright, Walter, James and Sarah Ann Aycock, James Wiggins, William Wiggins, Marcella Carter married William Carter, Mary Ann House, wife of William B. House, Josephine W. Wiggins, Jesse Wiggins, Anna Herring, Lucy McDonald, Susan Harris, Harriett Key. Another page names these as non- residents of Alabama: James, William Wiggins, Jesse Wiggins, Marcella Carter and Mary Ann House. Also mentions these minors: Frances, Bright, Walter, James and Sarah A. Aycock and Josephine Wiggins. In Feb. 1869 only minors listed are Matthew, Josephine, James and Sarah Aycock and Jacob L. has died and his Administrator is mentioned.
Contact: John David Cofield
William Williams, Morgan County, Alabama signed June 16, 1853, filed in
Probate Court Dec. 11, 1854
"my grandson William W. Williams, son of Richard Williams, two Negro slaves Ann and Jane now Infant Children, the said slaves to remain under thecontrol of my Executors until my said Grandson attains the age of Twentyone years. To the Children of Richard Williams by his second wife, the Sum of Twelve Hundred Dollars to be paid out of my Estate the sum of One Hundred Dollars annually to and for the benefit of Said Children, not to go into the hands of said Richard Williams. The remainder of my Property both Real and Personal to be divided into two equal parts, the one half to go to the lawfully begotten hiers of John Williams, the other half to go to the lawfully begotten heirs of William B. Williams. My two Sons the said William B. Williams and John Williams to be my Executors."
Witnesses: D.C. Humphreys, Thos. H. Lacey, David M. Bush Sworn to and subscribed before William H. Campbell, Judge of Probate Court,Morgan County
Last Update Wednesday, 10-Aug-2011 17:42:04 EDT
Joseph T. Richardson