Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 15, Final Settlement

I don't know about you, but I'm certainly happy to come to the end of this examination of the probate records for my 3X great grandmother Timeny P. Watts Warren Phillips. 

Timney died on September 5, 1863, by which time  Lee's invasion of the North had been turned back at Gettysburg (July 1-3), Vicksburg had fallen (July 4), the Mississippi River was in Federal control and the South was on the defensive.  Perhaps events during the months leading up to the Confederacy's final defeat in 1865 are part of the reason why it took 3-1/2 years for the final distribution  which took place in 1867.

Estate of
Timney P. Phillips

J.D. Phillips
     Admr

Final Settlement

Recorded Book 11 Page 353
     C.A. Stanton
          Judge of Probate

Filed in Office   Sinclair[?]
Feb 18th 1867

Set for 2nd Monday
April 1867--

C A Stanton
     Judge
R F Ligon

J D Phillips Admr of Timney
P. Phillips dec'd. in account
current for final Settlement

Admr charges himself as
follows----                       Dr[?]

To Amt of Sale of personal property
on the 15th day of December 1863
and which was in Confederate
Money-------------------     $12175.71

To amt of sale of Real estate
in the                                     $120.00
                                            12295.71

Admr ask to be Credited as following
                                                   Cr
By amt paid  R A Johnston {?]nd  1   394.68
 "     "       "    W D Hall                  2     47.60 
 "     "       "     T H Phillips             3     25.00
 "     "       "    W C Martin              4       6.75
 "     "       "    Henderson & Baith  5       5.00
 "     "       "    J W Webb & Co       6      23.20
 "     "       "    Taxes 1863               7      25.25
 "     "       "    R A Johnston           8     185.60
 "     "       "    R A Johnston           9       80.00                
 "     "       "    R A Johnston          10    200.00
 "     "       "    W H Hodnett          11    183.00
 "     "       "    Court Costs            12      54.00
 "     "       "    Attorneys fees        13      30.00

By amt of Confederate Money on hand 4015.63

[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.]

                             Amt brt forward
By amt paid A Lockwood Guard
=ian for Elizabeth A Lockwood as per recpt $1500.

By amt paid James O A Adams as
     per receipt on file            --------------     $1950

By amt paid Isabella Varner 
     as per receipt on file       --------------     $1950

By amt paid L B Phillips
     as per receipt on file       --------------     $1500


The State of Alabama          }
   Macon County                  } Personally appeared before C.A. Stanton
Judge of he probate Court J D Phillips Admr of Timney Phillips dec'd who being
duly sworn says that the foregoing account for final Settlement is just
true and Correct and that the heirs at law are, Thos H Phillips and 
your petitioner who reside in Macon Co Ala, W.R Phillips and L.B. Phillips who
reside in Geo, Josiah Phillips in Texas, Mary E Lane wife of 
Alexander Land in Barbour Co Ala, Martha Adams wife of  James O.
Adams in Pike Co Ala all of whom are of full age Elizabeth
Lockwood who resides               County Ala, also the children
of Thadeus Phillips dec'd, to wit, Elizabeth, Eugenie, Columbiana
and John H Philips who are minors and live in Georgia--
Sworn to & subscribed before me   }
22 January 1867  ------                      }       J.D. Phillips
   C A Stanton Judge of Probate


If I'm reading this correctly everyone received Confederate money which was worthless.

© 2017 Copyright, Christine Manczuk, All Rights Reserved.

Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 13, Where Was I?

Sidetracked by the discovery of more Phillips heirs (male and female) in a deposition, it's been over a month since I've continued the story told in the probate records for Timney P. Watts Warren Phillips, a paternal third great grandmother who died in Alabama in 1863.

Since the file for Timney's estate contains a jumble of papers that are not in chronological order I decided to see what other records are available. The probate minutes seemed like a good place to start. Fortunately there's an index which should make it easier.

[Minutes Vol 9 1861-1864. 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.]

Looking through the pages referenced in the above extract, some of the entries listed above deal with matters I've already covered like the naming of her stepson Thomas H. Phillips as administrator, the inventory taken of her estate and the sale of her slaves and perishable property. The entry regarding Commission's report and the depositions we looked at earlier is to be found on pages 500-501.

John Phillips                                          Regular Term
   Sell Land                                            November 9th 1863

This day having been appointed more than Forty
days Since by the Judge of this Court for the hearing
of the petition or application, now comes the said
J D Phillips & T H Phillips and moves the Court for an
order of Sale in accordance with Said petition of the 
following described lands situated in Macon County
to wit the South half of the North West quarter of Sect
-ion Eighteen (18) Township Fifteen (15) Range twen
-ty four (24) and Eighty acres of the West half of the
South half of the Said Section Eighteen (18) being
the Dower Interest of Timney Phillips, upon the
ground that the Same Cannot be equitably divi
-ded without a sale of the Same and Sampson Lanier
who was heretofore appointed Guardian ad litem
to protect the Interest of The minor heirs of Said Estate,
comes into Court and Cxxxtying said application

[Minutes Vol 9 1861-1864. 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.]

and it appearing that notice of the time and place
Set for the hearing of the Said petition has been given
to all parties in interest in pursuance of Law, and
as directed by the order of this Court made & entered
in the premises on the 12th day of October 1863, and
it now being proved to the Satisfaction of the Court by
the testimony of A Lockwood & William H Stanton
witness in this behalf & whose testimony has been
taken upon direct & Cross interrogatories by deposi
-tions as in chancery cases & filed of record in this pro
-ceeding, that the Said Land Cannot be equitably
divided among all the parties in Interest, & that
it would be to the Interest of all Said parties to Sell
the Same for the purpose of division & partition,
It is therefore ordered, adjudged & decreed that
the Said application be granted, and that
Said Real Estate in the petition be described,
be Sold for the purpose of partition & division am
-ong the parties interested therein & to effect Such
Sale and division, It is ordered that John L
Carmichael, W H Stanton, W G Crawford, A
M Bryde and M Peters who are deemed by
the Court Suitable persons, be appointed Comm
-issioners to Sell Said real estate, and partition
to the parties interest their respective amounts
arising from Said Sale, after after having ad
-vertised Said real Estate for at least thirty days
notice of the time place & terms of Sale, toge
-ther with a description of Said land in the South
South Western Baptist a newspaper published in
Said County, in front of the Court House door
for Cash, It is further ordered that Said Com
-missioners be directed to make a return to this Court
in writing and under Oath of their proceedings in
this behalf within Sixty days after Said Sale,
It is further ordered that Said Commissioners
do retain the proceeds of Said Sale until Said Sale
Shall be confirmed, & until further order of 
Court,

Although it may look as if there should be more of the order above, that's all they wrote. The next entry signals the beginning of a later court date and a different probate case.


© 2016 Copyright, Christine Manczuk, All Rights Reserved.

Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 11, Sorting Out the Male Heirs

You may recall in my last post that dealt with her probate records there was a list of heirs of Timney P. Watts Warren Phillips named in the depositions which included the names of eight individuals I didn't recognize: William R. (W.R.) Phillips, Josiah Phillips, Martha Adams, Mary Lane, and Elizabeth, Eugenia, Columbiana and John T. Phillips.

In my efforts to discover who these people were, I returned to the probate records for Timney's second husband, John P. Phillips (1792-1852) and found a list of his heirs filed by her attorneys* on July 15, 1852 in connection with her dower claims.

[Description : Probate Court Record, Vol 4, 1850-1853. 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.]

where your petitioner Sheweth the following persons are the heirs and
legatees of said Estate Thomas H Phillips William A Phillips Frederick Phillips
Josiah Phillips Thadeus Phillips Mary E Lane wife of Alexander Lane &
Martha A Adams wife of James Adams all of whom are over the age of
twenty years -- also Jeremiah D Phillips Lucinda I Phillips Littleberry B Phillips
John C Phillips and Elizabeth Lockwood who are under the age of twenty
one. Your petitioner prays that your Honor upon the hearing of this petition
order and decree that her dower in Said lands be advanced and 
allotted to her in accordance with the statute in such cases [?] and
provided.                                  Timney Phillips
                                                  per Clopton & Ligon her attys

From this record we can confirm that William R and Josiah Phillips have to be added to the family tree along with Martha Adams** and Mary Lane. And two more sons have been revealed who weren't included in the later list--Frederick and Thad[d]eus.

From a later probate record (February, 1856) we can learn more about Frederick (1820-1855).

[Description : Estate Papers, Petteway, Ignatius W to Phillips, Nancy. 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.]

The State of Alabama     {Personally appeared before me
   Macon County             {Linus Alexander Judge of Probate
when being duly  Thomas H Phillips admin of John Phillips dec'd
when being duly sworn says this [?] account for final
settlement is just & true and that the following persons are the heirs
at law & distributees[?] Timney P. Phillips widow of intestate
Thos. H Phillips admin, William R. Phillips, Mary P Josiah
Phillips, Thaddeus, Jeremiah D. Lucinda I Littleberry
B. & John C the last four of whom are minors and 
reside in Macon except Littleberry B. who lives in Geo.
and Mrs Mary Phillips & her child Nancy the widow
& only child of Frederick Phillips, and Elizabeth
Lockwood the only child of A. Lockwood & Elizabeth
Lockwood & that Affiant Swears that he had
not used for his own purposes any of the money ofor
said estate that he knows of-----

From the 1850 U.S. Census we can learn a bit more about Timney's stepson Frederick and his wife Mary.

[Year: 1850; Census Place: District 21, Macon, Alabama; Roll: M432_9; Page: 201A; Image: 25.

Ancestry.com. 1850 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2009. Images reproduced by FamilySearch. Original data: Seventh Census of the United States, 1850; (National Archives Microfilm Publication M432, 1009 rolls); Records of the Bureau of the Census, Record Group 29; National Archives, Washington, D.C.]

As you can see in 1850 the couple had two children, Matilda and Simeon. Simeon died at 13 months old and is buried in the Fort Family Cemetery in Macon County; we don't know any more of his older sister than this census record but she must have died sometime before the 1856 list of heirs. Although I've found no supporting documentation, some believe that Mrs Mary Phillips was Mary A. Peteet (1832-1857) who was married to Menafee Tatum*** at the time of her death and is also buried in Fort Cemetery. Since little Nancy Phillips isn't mentioned in any of the lists of heir for Timney in 1863 she had probably joined the rest of her family in the local cemetery.


The other hitherto undiscovered stepson Thaddeus (1823-1857) and his wife Mary H. Slaughter (1828-1884) had three children by the time of the 1850 U.S. Census.

[Year: 1850; Census Place: District 21, Macon, Alabama; Roll: M432_9; Page: 233A; Image: 85. 

Ancestry.com. 1850 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2009. Images reproduced by FamilySearch. Original data: Seventh Census of the United States, 1850; (National Archives Microfilm Publication M432, 1009 rolls); Records of the Bureau of the Census, Record Group 29; National Archives, Washington, D.C.]

Since Thaddeus pre-deceased his stepmother, Mary Elizabeth (1844-1915), Francis G. Eugene (1847-1916), his only son John T. (1848-1884) and his youngest surviving child Columbia Ann (1856-1920) inherited their father's share of Timney's estate.

Stepson Josiah Phillips (c1822-aft1880) married Martha Ann Chappell (1826-1894)**** and they were living in Cass County, Texas, by 1854.

William R. Phillips (1818-1890) remained in Georgia where he and his wife Mary Smith Johnson (1859-1905) had 11 children. One of their younger daughter was named Nancy Timney Phillips, honoring both his birth mother Nancy Ann Pennington (1798-1826) and stepmother Timney.

Next week I'll present what I've learned about Mary and Martha.


*Her attorneys,Clopton & Ligon, were the same ones who set out the interrogatories for the Commission referred to in my previous post.
**Martha Norman Phillips was one of Timney's daughters.
***

Ancestry.com. Alabama, Marriages, Deaths, Wills, Court, and Other Records, 1784-1920 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. This collection was indexed by Ancestry World Archives Project contributors.

Original data: Alabama Department of Archives and History, comp. Public information subject files—Card index of personal and corporate names and of subjects, ca. 1920–1960. Alabama Department of Archives and History, Montgomery, Alabama.

****She is the granddaughter of John Chappell (c1763-1828) my fourth great grandfather, and therefore my first cousin, four times removed.


© 2016 Copyright, Christine Manczuk, All Rights Reserved.

Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 10, The Commission and the Depositions

As we saw in the previous post about probate records for my third great grandmother Timney P. Watts Warren Phillips, her heirs petitioned the Court to allow her land to be sold because "Said lands cannot be equitably fractioned or divided between Said Joint Owners without a Sale [.]" and that the Court appointed W.F. Hodnett as Commissioner empowered to take depositions of witnesses. Here's the official Commission signed by Judge C.A. Stanton which was misfiled in John P. Phillips' probate records.

[Description : Estate Papers, Petteway, Ignatius W to Phillips, Nancy. 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.]

Below is a printed form* describing the process.

[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.]

[Description : Probate Records, Vol 10, 1863-1866; Probate Records, Vol 11, 1866-1868. 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.]

Thomas H Phillips       } Petition in Macon Probate Court
Jeremiah D Phillips     } to Sell Real Estate for a division
          vs                       } Interrogatories to be propounded
William R Phillips       } to William H Stanton & Alanson
                           Etal   } Lockwood Material Witness for the
Petitioners
Interrogatory 1, Are you acquainted with Certain lands, Situate
in Said County of Macon, and Known as the South half of the
north west Quarter, and Eighty Acres on the west half of the
South half of Section Eighteen (18) Township Fifteen (15) of Range
Twenty Four (24) being the dower Interest of Mrs Timney Phillips

Interrogatory 2, Are you acquainted with the heirs of John
Phillips? if Yea, name them, which are Minors, can or not
cannot Said land be equatably divided between said heirs without
a Sales? if not, state why not?                       Clopton & Ligon
                                                                      Attys for Petitioners

Depositions of Alanson Lockwood and William H Stanton
witnesses Sworn and examined under and by Virtue of a Comm-
-mission issued out of the Probate Court of the State of Alabama
for Macon County, in a Certain Cause therein depending between
Thomas H Phillips & Jeremiah D Phillips Plaintiffs and
William  R Phillips Etal Defendants,
   The witnesses being duly sworn to tell the truth, the whole
 truth and nothing but the truth, do depose[?] and Say as follows

To the first Interrogatory, they say they are acquainted with the
lands described in Said Interrogatory.

To the Second Interrogatory, they Say they are, their names are 
as follows W.R. Phillips, Josiah Phillips, Thomas H. Phillips,
Littleberry B Phillips; Jeremiah D Phillips, Lucinda I Varner

[Description : Probate Records, Vol 10, 1863-1866; Probate Records, Vol 11, 1866-1868. 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.]

Martha Adams, Mary Lane, Elizabeth Ann Lockwood, Elizabeth
Phillips, Eugenia Phillips, Columbiana Phillips & John T Phillips
of who the last named five (5) are minors, they further answer,
that Said lands cannot be equitably divided without a sale for
the following reasons (Viz, 1st there is not enough of it, 2nd there is
no timber on it, 3rd there are two public Roads running through
it, with a lane fence to be Kept up
                                                                     A. Lockwood
                                                                    W.H. Stanton
We the Commissioner in the Said Commission named, do hereby
Certify, that the evidence of the witnesses A Lockwood & W H
Stanton, was taken down under Oath & Subscribed by them in
in our presence on the 4th day of November 1863 at Cotton Valley in
the County of Macon State of Alabama, and that we have
personal Knowledge of Said witnesses
                          Witness our hand and Seal
                                            W F Hodnett {L.S}

The living children of John P. Phillips (1792-1852) by both his wives** are named as Defendants in this "Certain Cause." And the first two men, William R. (W.R.) and Josiah***, weren't previously identified as his sons. Because William's name leads the list I'm assuming he's the eldest. It's equally unclear to me who Martha Adams and Mary Lane are as they aren't accounted for in our family tree.

The named minor heirs include Elizabeth Ann Lockwood (1851-1917) the only child of Timney's oldest daughter Elizabeth Ann Phillips and her husband Alanson Lockwood. However the connection of Elizabeth, Eugenia, Columbiana and John T. Phillips to this family are unknown to me at the moment.

So thanks to these two pages of probate records I have new people to research.



*This form is part of the records for the 1866 petition but it's unlikely that the procedure changed in the meantime.
**His first wife was Ann Nancy Pennington (1798-bef.1827).
***Our tree did have a Josiah Phillips (b.1822) who married my first cousin 4 times removed Martha Ann Chappell but we hadn't connected him to John P. Phillips and Nancy Ann.

© 2016 Copyright, Christine Manczuk, All Rights Reserved.

Monday Is for Mothers: Timney P. Watts (1805 - 1863) - Probate Records, Part 9, A Petition, Not a Lawsuit (Yet)

I'm still sorting through various unindexed records for my fifth great grandmother Timney P. Watts Warren Phillips but below is a petition filed with the Probate Court on behalf of the heirs of her Phillips property in October of 1863.*

[Description : Probate Records, Vol 10, 1863-1866; Probate Records, Vol 11, 1866-1868. 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.]

Timney Phillips
The State of Alabama     }  To the Hon C A Stanton Judge
     Macon County           }  of Probate Court.
The petition of Thomas H Phillips, and Jeremiah D Phill-
ips, respectfully shows, that your petitioners, and William
R Phillips, and Littleberry B Phillips who reside in the
State of Georgia, Mary E Lane wife of Alexander Lane, Martha 
Adams wife of James O A Adams who reside in said County
of Macon, and all of whom are of full age, Elizabeth Lockwood
who resides in Said County of Macon, Elizabeth Phillips, Eugene
Phillips, Columbiana Phillips & John Henry Phillips, who
are minors and children of Thaddeus Phillips, and represent
their Fathers Interest, and who resides in Georgia and
Joint Owners of Certain lands Situate in Said County of Macon
and known as the South half of the North West quarter of Section
Eighteen (18) Township Fifteen (15) Range twenty four (24) and
Eighty acres of the west half of the South half of the Said
Section Eighteen (18) being the Dower Interest of Timney
Phillips, and that Said lands cannot be equitably fractioned
or divided between Said Joint Owners without a Sale
                  Your petitioner therefore prays that proper notices
may be given, and that your Honor would grant an order to sell  Said
Lands
                             Clopton & Ligon atts for Petitioners

The above petition isn't dated but it is immediately followed by this entry which is.

[Description : Probate Records, Vol 10, 1863-1866; Probate Records, Vol 11, 1866-1868. 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.]

              The State of Alabama
To W F Hodnett, Know you that we, having full faith in your
Prudence and Competency have appointed you Commissioner, and by these
presents do authorize you at Such time and place as you may appoint,
to call before you and examine H Lockwood and William H Stanton
as witnesses in behalf of Plaintiff in a case pending in our Probate
Court of Macon County wherein J D & T H Phillips are Plaintiffs,
and William R Phillips Et al are Defendants, on oath to be by
you administered, upon Interrogatories annexed to this Commis-
sion; to Take and Certify the deposition of the witnesses, and return
the Same to our Said Court, to be held on the 2nd Monday in 
November next, under your hand and seal, witness C A Stanton
Judge of the Said Court at office, this 20th day of October AD one
thousand Eight hundred and 63.
                                                          C A Stanton Judge of Probate
Issued the 20th day of Oct 1863


Paging through the Probate Court records, I saw that naming a Commission to gather depositions from witnesses was a common practice. Next time we'll look at the questions to be asked of the witnesses and the Interrogatories themselves as filed in the Probate Court by W. F. Hodnett.**

And there's still the matter of the suit filed in 1866 which we'll get to in time.

*Note that no mention is made of her oldest son, my great great grandfather J.T.S. Warren, who had already received his inheritance from his father's estate and had moved to Texas in 1852.
**He's been described as a near neighbor of Timney's and we know from bill presented to the court for payment, that he was a doctor who treated her entire household for several years before her death.


© 2016 Copyright, Christine Manczuk, All Rights Reserved.