Home | What's New | Search | Email me

Court Records...

   

Probate of G. W. Borden Estate

(submitted by Sherry Tew)

THE STATE OF ALABAMA,   PROBATE COURT.
WALKER COUNTY.  April 1, 1931.

In the matter of the Estate of
George W. Borden, Deceased.

To the Hon. E. W. Long,
Judge of Probate:

        Your petitioner L. E. Borden respectfully represents that she is the widow of said George W. Borden, deceased, late of said county, who departed this life on or about the 26th day of March 1931, leaving him surviving, your petitioner, his widow, and his no minor children, under the control of petitioner in this county leaving assets in this county; that on the 1st day of April 1931, Letters of Administration granted to L. E. Borden who on the 1st day of April 1931, filed his Inventory of said estate in said Probate court; and now she as the widow aforesaid, claims for herself and said minor children as exempt from administration the following items of personal property described  in said inventory and in the appraisement of the personal property of said estate, with the appraised value thereof, to-wit:

No.     Items   Appraised value

1 horse         30.00

2 cow and calf  30.00

3 one heifer    20.00

4 one hack              10.00

Total           90.00

Real Estate

        The SE1/4 of the SE1/4 section 17, and the SE1/4 of the NE1/4 section 20 and the NE1/4 of the NE1/4 section 20, less six acres sold off the east side thereof, all in township 15 range 6 west in Walker County, on which George W. Borden resided with his family at time of death; and on which petitioner prays that same be ascertained to be all the real estate owned by deceased at time of his death and that same be set aside to her, as exempt from administration after same is appraised.

        Your petitioner therefore prays that your Honor may make all necessary orders and decrees in the premises as may be necessary and proper to set apart and allot said property aforesaid to her and as exempt from administration. 

Sworn to and subscribed before me,      L. E. Borden

This 31 day of March 1931.      her mark        Petitioner

Probate Court of Walker County

Estate of George W. Borden, Deceased.

        We, the undersigned, being heirs of George W. Borden, deceased, do hereby acknowledge notice of application to have set aside to L. E. Borden, the widow of George W. Borden, deceased, the real estate belonging to said George W. Borden, at the time of his death, namely: SE ¼ of SE1/4 section 17 and SE1/4 of NE1/4 section 20 and NE1/4 of NE1/4 section 20 less six acres heretofore sold off from same along east side, and we expressly waive any further, other or legal service of notice, of said application to set aside said exemptions or hearings on same or on confirmation of report setting exemptions aside.

                G. F. Borden
               
Irena Jacks
               
James M. Borden
               
Mc Borden
               
Joseph M. Borden
               
J. H. Borden
               
M. P. Borden
               
Pernie Griffin

   

Probate for George Washington Borden Estate

(submitted by Sherry Tew)

THE STATE OF ALABAMA,   PROBATE COURT
WALKER COUNTY.  April 1st, 1931.

In the matter of the Estate of
George W. Borden, deceased.

Present, Hon. E. W. Long,
Judge of Probate:

        And now on this day comes L. E. Borden and presents to the court her petition in writing under oath praying that letters of Administration on the estate of George W. Borden deceased, issue to her, which petition is examined by the court and ordered to be filed and recorded; and it appearing to the court from the allegations contained is said petition, and from other good and sufficient evidence, that the said George W. Borden departed this life at Walker county on or about the 26th day of March 1931, being at the time of his death an inhabitant of said county and state; that he died leaving assets in said county and state, which assets, both real and personal, are estimated to be worth about $1000.00 dollars consisting of 120 acres land and one horse, cow and calf and leaving no will, testament or other writing relating to the disposal or distribution of his estate, and that the death of the said decedent was known more than fifteen days before  this day, and it further appearing to the satisfaction of the court that L. E. Borden, the said petitioner is widow of said deceased, is over twenty one years of age, an inhabitant of this state, and a fit person under the law and in the estimation of the court to serve as administratix and no person having appeared to oppose the granting of letters of Administration to the said L. E. Borden or to show cause why the prayer of said petitioner should not be granted, it is ordered that the same be granted, provided that the said L. E. Borden first file in this court her bond in the penal sum of $1000.00 dollars conditioned and payable according to the statue in such cases made and provided with such surety or sureties as may be approved by the court.  It is further ordered that the said petition be recorded.

        And now again come, L. E. Borden and present to the court for approval her bond in form as by this court heretofore required with L. E. Borden, Irene Jacks, Geo. Borden, M. C. Borden, Jas M. Borden, Joseph W. Borden, J. H. Borden, W. P. Borden and Pernie Griffin as securities thereon, and the court being now sufficiently advised concerning said bond and said securities it is ordered and adjudged by the court that the said bond be taken, approved and recorded.

        It is therefore ordered, adjudged and decreed by the court that Letters of Administration on the estate of said deceased be granted to the said L. E. Borden and that she be and hereby is authorized to administer said estate.  It is further ordered that the said L. E. Borden proceed immediately to collect and take into her possession the goods and chattels, money, books, papers and evidences of debt of the said deceased, except the personal property specifically exempted from administration under sec 4199 code and make due return under oath to this court of a full and complete inventory thereof within two months.

        It is further ordered that D. A. Gilbert,  I. W. Gurganus and Joe L. Love be and they hereby  are appointed appraisers of the personal property of said estate, and that a warrant of appraisement be issued to them, notifying them of their appointment, and they make due return to this court, under oath of their proceedings within two months.

                E. W. Long,
               
Judge of Probate

 

Orders To Sell Lands To Divide

(submitted by Sherry Tew)

The State of Alabama    Probate Court
Walker County   May 29th, 1905

        In the matter of the Estate of W. H. Borden deceased, present Hon. Jas. M. Shepherd, Judge of Probate:

        This being the day heretofore set to hear and determine the petition of B. F. Borden, Administrator of the Estate of W. H. Borden deceased, for an order to sell certain lands hereinafter ________, for the purpose of making an equitable division among the heirs and _______, said day being not less than forty days from the time of making said petition, now comes the said petitioner and moves that said petition be granted.  And it appearing to the Court that J. D. Acuff heretofore appointed Guardian ad Litum to represent the minor heirs, and G. W. Borden, M. A. Thompson, Nancy C. Boyd, A. M. Kitchens, heirs and ______ of full age and residing in this State, have been duly notified of said petition and the day set for hearing the same, by citations served upon them not less than ten days before this day, and the said J. D. Acuff heretofore appointed Guardian ad Litum to represent and defend the interests of William, Monroe Borden minor heirs, in all matters pertaining to this proceeding, coming now and consenting to serve as Guardian ad Litum, denying the allegation contained in said petition and demanding proof, the Court now proceeds to hear said petition.  And, it appearing to the satisfaction of the Court, from the proofs and exhibits contained in and forming a part of the said petition, and from the depositions of G. W. Stanley and W. W. Staggs, disinterested witnesses, submitted by said petitions, which depositions are ordered to be filed of records, that the lands mentioned in said petition, of which the said deceased died signed and proved, which lands are described as follows to-wit: N1/2 of S1/2 and SW ¼ of SW ¼ Sec. 20 – and NW ¼ of SW1/4 Sec. 21, and SW ¼ of SE1/4, and S1/2 of SW.  Fraction Sec. 26 and SE Fraction E of River SW 27 and NE Fraction E of River Sec. 34 and W ½ of NW ¼ of NW1/4 Sec 35, all in Tp 15 B6 West, and all the coal and other minerals in under and upon the SE1/4 of NW1/4 Sec. 29 Tp 15 R6 West and S1/2 of SW1/4 Sec. 21 Tp15 R6 West – except the coal and other minerals under and upon said cost named. 80 acres of lands, all lying and being in Walker County, Alabama cannot be equitably divided among said heirs and devisics and that a sale thereof is, therefore necessary for the purpose of making an equitable distribution among the heirs as devisics, it is therefore ordered, adjudged and decreed by the Court, that the said petition be scentia, and the said B. F. Borden, Adm. Is hereby ordered to sell the above described lands, between the hours of 11 o’clock in the forenoon and 4 o’clock in the afternoon, on the 19th day of Jan. 1905, at the court house door in Jasper, Walker County, Ala. At public sale to the highest bidder, after first having given notice of the day, place and terms of said sale, and a description of the lands, for three successive weeks in the Mountain Eagle a newspaper published in said County of Walker and that he make report of said sale to this court within thirty days after the same is made.  It is further ordered that said sale be made on the following less viz. for such.  And it is further ordered that said petition be recorded.  And A. M. Kitchens the widow of the said deceased, having filed her written contest thereto, it is further ordered that the dower interest of A. M. Kitchens the said widow, in the said lands and that the said consent of the said widow be recorded.

                Jas. W. Shepherd,

                Judge of Probate

The State of Alabama    Probate Court

Walker County   June, 1905

        In the Matter of the Estate of William H. Borden, deceased.

        This matter comes to be heard upon the petition of Nancy C. Boyd and William Monroe Borden by their writ (friend?) to charge the other heirs of the Estate with advancements and upon the evidence introduced in the cause, and the agreement of all the heirs of said Estate, except the minor, William Monroe Borden, which such agreement is in words and ____ as follows:  (Here copy the Agreement) from all of which it appears to the satisfaction of the court that each of the heirs of the Estate of William H. Borden, deceased, have received, as advancements the sum of six hundred ($600) Dollars, except Nancy C. Boyd and William Monroe Borden; and that they, the last named heirs, have received in advancements, and thus they, the last named heir’s, are entitled to have, ___ of the said Estate, enough to make them equal with the other heirs; that is, to say six hundred ($600) Dollars, which over and above what the other heirs receive; and it is so ordered, adjusted, and ____, and in the settlement of this Estate, the administrator is by this decree ordered and directed to so charge said advancements in this settlement as to carry out the Spirit of this divorce (?), and to the end that, taking into consideration the said advancements of the heirs of said Estate may be made equal.

                Jas. W. Shepherd

                Judge of Probate



 

The Estate of W. H. Borden, Deceased.

        On the 19th day of June, 1905, came G. W. Borden, Administration of the estate of W. H. Borden, deceased, and filed in this court a report of the sale of certain lands belonging to said estate, which lands are described in said report as follows, to wit – N1/2 of S1/4 of SW1/4 of SW ¼ Sec. 20, and NW1/4 of SW1/4; SW1/4 of SW1/4 and SW1/4 of SE1/4 and S1/2 of SW fraction, Sec. 26 and SE Fraction East of River, Sec. 27 and NE Fraction East of River Sec. 34 and W1/4 of NW1/4 Sec. 35. Tp. 15 Range 6West excepting and reserving all the coal and other mineral in, under and upon said lands, and also excepting and reserving all the timber and water and right to build roads and railroads, and all other rights and privileges usually contained in mineral rights deeds, all situated, lying and being in Walker County, Alabama.  The Adms. Further reports that the other lands and mineral interest in lands belonging to said estate and described in the petition and decree of sale in this matter, we also offered for sale: and showing the purchases thereof:

        And this cause coming up to be heard on this day set for hearing the same, and it appearing to the court from the report of the evidence _____ that the said lands described therein sold for an amount greatly less than their value, and that the purchase of the mineral interest to said lands had failed to comply with the terms of the sale, and that this sale should not be confirmed;

        It is further ordered, adjusted and decreed by the court that the said sale of said lands, by such administrator, be not confirmed and that the sum be vacated, set aside and held for naught.

        It is further ordered, adjusted and decreed by the court that the said lands may be again sold by the administrator of said estate under the terms and provisions of a former decree in this court, ordering ___ to be sold.

                July 1, 1905

                Jas. W. Shepherd

                Judge of Probate


 

Estate of W. H. Borden Deceased

State of Alabama
Walker County   Probate Court

Estate of W. H. Borden, deceased.

In the matter of the estate of W. H. Borden, deceased,

        This day come Mrs. Nancy C. Boyd one of the heirs and distributors of the Estate of W. H. Boyd deceased, and moves the Court to make an order requiring B. F. Borden, the administrator of the estate of W. H. Borden deceased to file a report of the sale of certain real estate made on the 4th day of March 1907.

        It is therefore ordered that the said administrator be required to file a report of said sale on or before the 22nd day of April 1907.  It is further ordered that notice be issued to said B. F. Borden to file said report.

Witness my hand this 8th day of April 1907.

                                        James W. Sheperd

                                        Judge of Probate

 

 

W. H. Borden Estate

 

(submitted by Sherry Tew)

 

The State of Alabama    Probate Court, Oct. Term 1903

Walker County                            Oct. 26, 1903

        In the matter of the Estate of Wm. H. Borden, Deceased.

        Present, the Hon. Jas. W. Shepherd, Judge of Probate:  And now, on this day comes Alcy Borden and presents to the Court her petition in writing, under oath, praying that Letters of Administration on the Estate of Wm. H. Borden, deceased, issue to said Alcy Borden, which petition is examined by the Court and ordered to be filed and recorded, and it appearing to the Court from the allegations contained in said petition, and from other good and sufficient evidence that the said Wm. H. Borden departed this life near Cordova on or about the 25 day of Sept. 1903 being at the time of his death an inhabitant of said County and State: that he died leaving assets in said County and State, which assets, both real and personal are estimated to be worth about Two Thousand Dollars, consisting of Real Estate and leaving no will, testament or other writing, relating to the disposal or distribution of his estate, and that the death of the said decedent was known more than fifteen days before this day and it further appearing to the satisfaction of the Court that Alcy Borden the said petition, is the widow of said deceased, is over twenty-one years of age, an inhabitant of this State, and a fit person, under the law and in the estimation of the Court, to serve as administration, and no person having appeared to oppose the granting of Letters of Administration to the said Alcy Borden or to show cause why the prayer of said petitioner should not be granted, it is ordered that the same be granted, provided that the said Alcy Borden first file in this Court her bond in the penal sum of One Thousand Dollars, conditioned and payable according to the statute in such cases made and provided, with such security or securities as may be approved by the Court.  It is further ordered that the said petition be recorded.

        And now again come Alcy Borden and presents to the Court for approval her d in form as by this Court heretofore required, with G. W. Borden, B. F. Borden, Dr. B. F. Borden and E. W. Long as securities thereon, and the Court being now sufficiently advised concerning said bond, and said security, it is ordered and adjudged by the Court that the said bond be taken, approved and recorded.

        It is therefore ordered, adjudged and decreed by the Court that Letters of Administration on the estate of said deceased by granted to the said Alcy Borden and that she be and hereby is authorized to administer said estate.  It is further ordered that the said Alcy Borden proceed immediately to collect and take into her possession the goods and chattels, money, books, papers and evidences of debt of the said deceased, except the personal property by law reserved to the widow Alcy Borden and make due return, under oath, to this Court, of a full inventory thereof within sixty days.  It is further ordered that

                Jas. W. Shepherd, Judge of Probate

        Issued Oct 26, 1903, J. W. Shepherd, Judge of Probate

        Recorded in Minute Record, D. Page 381-382.

                Jas. W. Shepherd,

                Judge of Probate

 

Lineage of this Borden:

James Hawkins Borden

William Hawkins Borden (son) - married 1st Malissa (unknown) and (2) Alcy Matilda Brown.

George Washington Borden (son of W. H.)

Joseph Washington Borden (son of G. W.)