Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 14, The Second Commission

We've already looked at the November 1863 documents arising from the first Commission appointed by the Probate Court to determine whether some of the estate's property needed to be sold. Although it seemed clear that it did apparently nothing was settled because in 1866 another Commission was created. This time the Commissioners were R.T. Davis and John L. Carmichael and the witnesses to be examined were former Commissioner Wesley F. Hodnett and Henry Stanton who lived next to the property in question.

The interrogatories look pretty much the same (although the order is different and only eight acres are involved this time) which isn't surprising because they were written by one of the original lawyers, R.F. Ligon.

J.D. Phillips                        }         Probate Court
  Administrator of               }         Macon County
     Timney P. Phillips Est.  }
               v.                          }     Interrogatories to
 Heirs at Law.                     }     be propounded to
Wesley F. Hodnett and Henry Stanton
material witnesses for the Plaintiff in this
cause.

1st Intr.   Do you know the parties?

2nd Intr.  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 and Henry Stanton?

3rd Intr. Do you know of the indebtedness of said
              Estate?

4th Intr. State if it is necessary to sell lands of
              said Estate to pay the debts.

                                                        R.F. Ligon
                                                        Atty. for Administrator

In my transcription of the pages below I've decided to only give the answers of the witnesses because I've hit the wall on this matter (and the handwriting is particularly hard to read).

Deposition of WH Stanton:

1st Int.    Do you know the parties. Ans. I do

2nd Int Do you know the following described land [...] Ans. 2nd I do

3rd Int  Do you know of the indebtedness of 

said Estate

     Ans. 3rd I do not 

4th Intr. State if it is necessary to sell lands
of said Estate to pay the debts
                                  Ans 4th Not knowing if any
debts I can't say.
                                     WH Stanton
25th day of Oct 1866 at WH Stanton store in the County of  Macon

[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 F Hodnett:

1st Int.    Do you know the parties.

Ans. I do

2nd Int Do you know the following

described land [...]?

Ans. I know the land referred to

3rd Int  Do you know of the indebtedness of 

said Estate [...]?

     Ans. I know of some indebtedness

          of said Estate which cannot be

          paid without selling the lands 

          above described.

4th State if it is necessary to sell lands

of said Estate to pay the debts?
 Ans. I consider it necessary as stated 
     in the last answer.
                                     WF Hodnett
25th day of Oct 1866 at WH Stanton store in the County of  Macon

The sale of these eight acres appears to have been the final obstacle to settling my great great great grandmother Timney P. Watts Warren Phillips' estate. Next week we'll see who got what.

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