Monday, January 16, 2017

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. Alabama, Wills and Probate Records, 1753-1999 [database on-line]. Provo, UT, USA: 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. Alabama, Wills and Probate Records, 1753-1999 [database on-line]. Provo, UT, USA: 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 

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.

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