Monday, November 7, 2016

Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 7, There was a Lawsuit?

My Great Great Great Grandmother Timney P. Phillips' probate records on Ancestry.com number 111 images, some of which I've already shared here. But they're not in any particular order so the fourth image in the file is this one, a deposition dated October 25, 1866,* between J.D. Phillips, Administrator, and the other heirs of his mother's estate.

[Description : Estate Papers, Phillips, Nancy (Minor) to Piques, Sarah. 
Ancestry.com. Alabama, Wills and Probate Records, 1753-1999 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015. Original data: Alabama County, District and Probate Courts.]


Deposition of W. H. Harton witness sworn
and examined under and by virtue of a Commis-
sion issued out of the Probate Court of the state of
Alabama for Macon County in a certain cause
therein depending between J.D. Phillips Administrator
for Timney P. Phillips Est vs Heirs at law
W.H. Harton of Macon County
being duly sworn to speak the truth, the whole truth
and nothing but the truth doth depose and say as
follows; 1st Int, Do you know the parties. Ans. I do
              2nd Int, Do you know the following 
described land situated in Macon County to wit
Eight (8) acres off the East end of the south half
(1/2) of section Eighteen (18) Township fifteen (15)
Range twenty four (24) adjoining Dr Hodnett
& W.H Harton
                Ans:.2nd I do.
   3rd Int Do you know of the indebtedness of
said Estate
                 Ans: 3rd I do not.
4th Int State if it is necessary to sell lands
of said Estate to pay the debts
                 Ans 4th Not knowing of any
debts I can't say.
                                        W.H. Harton
I the said commissioner in said commission named do
hereby certify that the evidence of the witness W.H.
Harton was taken down under oath and sub=
scribed by him in my presence on the 25th day
of Oct 1866 at W.H Hartons store in the County of 
Macon state of Alabama and that I have personal
knowledge of said witness          
Witness my hand & seal]         R F Davis {Seal} J.P.
                                                  Commissioner

There are other documents referring to this matter among the probate records which I will be covering in the coming weeks as I figure out what was going on. Bear with me.




*This is more than three years since Timney's death on September 5, 1863.



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