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.

© 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.