| Administration of Estate of Samuel Wallace | ||||
| Order Book 2, Pages 212 - 221 | ||||
| Lamar County Probate Office, Courthouse, Vernon, Alabama | ||||
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Transcription Estate of Samuel Wallace Deceased Alfred Deborah J. T. Wallace Received this sum in full Jas T. Wallace attest L. C. Mcfarlen M. D. Rickman Received this ? in full for Mary D. Rickman by her order
filed with the papers of the Estate James T. Wallace attest N. C. Clemmons N. C. Clemons ? files for part of this estate & paid to
J. T. Wallace for 30th Aug 1879 received above J. T. Wallace attest W. W. Wallace T. D. Wallace J. T. Wallace E. J. Robertson N. E. Graham Received this ? in full for my wife Aug 16/77 J. M. Graham
Page 212
State of Alabama
Sanford County
Probate Court
Special Term, Sept 4th, 1875
In the matter of the Estate of Samuel Wallace
Deceased this day came Nancy Wallace widow of deceased and filed her
petition in writing and under oath praying for Letters of Administration
to be granted to I. H. Sanders (the ? general admin for said county) over
the estate of said Samuel Wallace wherefore it is ordered by the Court
that said I. H. Sanders take charge of and Administer said Estate and that
Letters of Administration issue to said I. H. Sanders as Required by law.
Given under my hand 4th day of Sept 1875
Alexander Cobb
Judge of Probate
Copy of Letters
State of Alabama
Sanford County
Probate Court
Special Term Sept 4th 1875
Letters of Administration on the estate of
Samuel Wallace are hereby granted to Isaac H. Sanders General
Administrator for said County who has qualified and given bond as such and
he is authorized to administer such estate.
Dated this 4th day of Sept A.D. 1875
Alexander Cobb, Judge of Probate
Order of Appraisement
State of Alabama
Sanford County
Probate Court
Special Term
In the matter of the estate of Samuel Wallace
deceased it is ordered by the court that Alford Deborah, Peter Rickman &
R. M. Baird be and they are appointed appraisers to appraise and an
inventory make of all the property and assets of the Estate of Samuel
Wallace deceased and make return of the same to this Court
Given under my hand Sept 4 1875
Alexander Cobb, Judge of Probate
Order of Appraisement
State of Alabama
Sanford County
Probate Court
Special Term
In the matter of the estate of Samuel Wallace
deceased this day came I. H. Sanders a filed in this Court an inventory of
said estate. Wherefor it is ordered by the court that said inventory
be filed
Page 213
? and made a matter of record
Given under my hand Sept 4th 1875
Alexander Cobb, Judge of Probate
Copy of Inventory
The State of Alabama
Sanford County
Probate Court
One tract of land lying in Pickens County Ala known by the
following numbers to wit the W 1/2 of NW 1/4 and the W 1/2 of SW 1/4 of
Sec twenty three also the SE 1/4 of the NE 1/4 and the E 1/2 of the SE 1/4
of Sec twenty two less thirteen acres off of the SW corner of said last
described eighty acres bound by a fence including J. L. Guyton Gin House
also the SE 1/4 of NW 1/4 Sec 23 also the NE 1/4 of NW 1/4 Sec 23, all in
Township 19 R 16 West containing 347 acres valued at
$550.00
one bay mare valued at
30.00
2 cows & calves, one ? cow
15.00
1 black cow
15.00
1 dry cow
12.00
1 two horse wagon valued at
30.00
1 3/4 wagon valued at
18.00
1 feather bed & bed stid at
8.00
trunk and chest valued at
.75
7 chains valued at
1.75
1 table
.50
1 hog
2.00
1 box
.50
farming tools
3.00
? and ?
3.00
? saw & drawing knife
1.00
Loom and reel
3.00
Bed stid
.50
The State of Alabama
Sanford County
Before me Alexander Cobb Judge of Probate of
the said County personally appeared I. H. Sanders Administrator of the
estate of Samuel Wallace who being duly sworn says the foregoing is a full
and completed inventory of all the property real and personal of said
estate which has come to his knowledge or procession.
I. H. Sanders
Sworn to and subscribed before me this 24th day of Sept AD
1875
Alexander Cobb Judge of Probate
The State of Alabama
Sanford County
Before me I. H. Sanders Admin of the said
County personally appeared Alfred Deborah, Peter Rickman and R. M. Bard
who were appointed appraisers of the within named estate who being duly
sworn say that the foregoing is a true and correct appraisement of the
property of the said estate.
Sworn to & subscribed before me 24th day of Sept AD 1875
I. H. Sanders Admin
Peter Rickman
R. M. Bard
Page 214
Order setting a day for hearing
of application to sell lands
State of Alabama
Sanford County
Probate Court Oct 2, 1875
In the matter of the estate of Samuel Wallace
deceased this day came Isaac H. Sanders Administrator of said estate and
filed his petition in writing and under oath praying for an order and
proceedings to sell the real estate belonging to said estate on the
grounds that the personal property of said estate would be insufficient to
pay the debts of said estate and it appearing from said petition that the
only heirs of said decedent are Nancy Wallace widow of deceased who
resides in Sanford County Alabama and is over 21 years of age James T.
Wallace & Samuel Wallace who are over 21 years of age and reside in
Pickens County Alabama Lucy Mcfarlen who is over 21 years of age and
reside in the State of Texas her post office not known, Wiley P. Wallace,
Berry O. Wallace, Louisa J. Hall wife of John Hall, Sarah E. Wallace,
Eliza J. Robertson wife of Wash
Robertson, and Nancy E. Graham wife of Jesse Graham who are over 21
years of age and reside in Sanford County Alabama and Mary F. Rickman wife
of John Rickman, Nancy C. Clemons wife of Daniel Clemmons, who are over 21
years of age and reside in Pickens County Alabama, and Wm W. Wallace who
is under 21 years of age and reside in Pickens County Alabama and Toliver
D. Wallace who is under 21 years of age and reside in Sanford County
Alabama all of said heirs are of sound mind it is therefore ordered that
W. B. Taylor be appointed guardian ad liten for Wm W. Wallace and Toliver
D Wallace, James T. Wallace and that the 15th day of November next be and
it is hereby appointed a day for hearing the said application and the
proofs which may be submitted in the support of the same it is further
ordered that due notice of the nature of said application and of the time
above set for the hearing thereof be given at least forty days before the
said day of hearing by publication in the Vernon Pioneer for all persons
in interest to appear and contest said application if they think proper.
It is further ordered that Nancy Wallace, James T. Wallace, Samuel W.
Wallace, Wiley P. Wallace, Berry Q. Wallace, Louisa J. Hall wife of John
Hall, Mary D. Rickman, Sarah E. Wallace, Nancy C. Clemmons wife of Daniel
Clemmons, Eliza J Rickman wife of John Rickman, Nancy E. Graham wife of
Jesse Graham and W. B. Taylor guardian for Jas T. Wallace, Wm W. Wallace
Page 215
and Toliver D. Wallace (and if the post office
of Lucy Mcfarlen can be obtained a copy of said notice is to be sent to
her address) have notice of this proceeding and of the day set for the
hearing of the same by citation to be personally served upon them ten days
before the day for the hearing of the same it is further ordered that the
petition be filed and recorded.
Given under my hand 2nd day of October AD 1875
Alexander Cobb Judge of Probate
State of Alabama
Sanford County
Probate Court
Special Term November 18th 1875
In the matter of the estate of Samuel Wallace
? this being the day appointed more than forty days since for hearing the
application of Isaac H. Sanders Administrator of Samuel Wallace Late of
said County deceased for an Order to Sell certain lands hereinafter
described for the purpose of paying the debts due from said estate now
came the said Isaac H. Sanders Administrator as aforesaid and moves the
Court that said application be granted and also comes W. B. Taylor who is
not of kin to said Administrator nor in anyway interested in this
proceedings and who was heretofore duly appointed and has ? in writing to
act as guardian Ad Liten to represent and protect the interest of John T.
Wallace, W. W. Wallace and Toliver D. Wallace and as such guardian Ad
Liten has filed on the 3rd day of October 1875 his answer in writing
denying the allegation contained in said application and it appearing to
the court that Lucy Mcfarlen have been duly brought in to Court by
publication in the Vernon Pioneer, a newspaper published in said County
according to the Order of this Court made and entered in the ? on the 2nd
day of October 1875 and that Nancy Wallace widow of said deceased & Wiley
P. Wallace, Berry Q. Wallace, Louisa J. Hill, Sarah E. Wallace, Eliza J.
Robertson, and Nancy E. Graham have had due notice by citation notifying
them of said application and the day appointed for hearing the same as
required by law and in accordance with the order of this Court made and
entered in the ? on the said 2nd day of October 1875 and it further
appearing to the satisfaction of the Court by the oaths of Alfred Deborah
and R. Baird is interested witnesses whose testimony has been taken is
support of the allegations of the application by deposition as in Chancery
Proceedings and which testimony has been filed of record in this Court
that the personal property is insufficient to pay the debts of said estate
and that it is necessary and will be to the interest of said estate that
the
Page 216
lands described as follows to wit W 1/2 of NW
1/4 & W 1/2 of SW 1/4 Sec 23 & SE 1/4 of NE 1/4 & E 1/2 of SE 1/4 Sec 22,
less 13 acres off of SW corner of last described 80 acres also the SE 1/4
of NW 1/4 Sec 23 & NE 1/4 of NW 1/4 Sec 21, Township 19, Range 16 West
should be sold for the purpose of paying the debts of said estate.
It is therefore ordered adjudged and ordered that said application be
granted and said Administrator is hereby ordered to sell the above
described land at public out cry on the premises in Pickens County Alabama
in manner and form as the law directs in such cases after having given
notice for at least three successive weeks of the time place and terms of
sale in the West Alabamian, a news paper published in the Town of
Carrolton in Pickens County (where the land lies). Said sale to be
made for one fifth cash and the balance on a credit of twelve months from
the day of sale the purchaser required to give notes and good ? also a
lien retained on the land for the purchase money said sale will be subject
to the widows ?.
Alexander Cobb, Judge of Probate
State of Alabama
Sanford County
Probate Court
Order Confirming Sale of Lands
Special Term Jan 19th 1876
In the matter of the estate of Samuel Wallace
this day came I. H. Sanders Adminstrator of said estate and reports that
on the 25th day of December 1875 he did sell on the premises after giving
by advertisment in the West Alabamian a newspaper published in Carrolton
the W 1/2 of SW 1/2, W 1/2 of NW 1/4 & E 1/2 of NW 1/4 Sec 23 and E 1/2 of
SE 1/4 & SE 1/4 of NE 1/4 Sec 22 all in T19, R16 except 13 acres off of E
1/2 of SE 1/2, Sec 22 that had been sold off heretofore to John W. Rickman
for the sum of one hundred and fifty seven dollars and 50 cents, one fifth in cash &
the balance in twelve months and said report showing that the sale was farely conducted and that the price said land brought was not greatly
disproportionate to its real value, which report is supported by the oath
of W. P. D. Wallace as to the value of said land it is ordered by the
court that said sale be confirmed,. It is further ordered that said
report be files and make a matter of record
Alexander Cobb, Judge of Probate
State of Alabama
Sanford County
Probate Court
Report of Sale of Lands
In the matter of the estate of Samuel Wallace
deceased to the Hon. Alexander Cobb Judge Probate of said County the
undersigned Isaac H. Sanders Administrator of the estate of Samuel Wallace
deceased report that by virtue of a decree ordered by said court on the
15th day of November AD 1875 authorizing and empowering the undersigned to
sell certain real estate described in said decree belonging to the estate
of said deceased on the premises on the following terms to wit one fifth
part in cash and the balance in twelve months from day of sale which was
on the 25th day Decr. 1875 after having given due and legal notice by
advertising the same in West Alabamian a newspaper published in Carrolton
for three weeks previous to the day of sale setting forth the time place
and terms of sale he did after giving the notice prescribed as aforesaid
in said ? at the place designated in said advertised notice and between
the legal hours of sale offer said real estate for sale at public outcry
to the highest bidder on the terms prescribed by said decree when the
following person became the highest bidder for the following tract of land
included in said decree at the following prices to wit and have complied
with the terms of sale John W. Rickman became the purchaser of the W 1/2
of SW 1/4 of NW 1/4 E 1/2 of NW 1/2 Sec 23 and E 1/2 of SE 1/4 & SE 1/4 of
NE 1/4 Sec 22 all in T 19, R 16 Containing 347 acres (13 acress off of E
1/2 of SE 1/2 Sec 22 having been sold off) at the price of one hundred and
fifty seven dollars and the undersigned further report that said sale was
fairly conducted and that all of the real estate sold as above stated sold
for less that its value therefore the undersigned prays that your Honor
may grant an order and decree confirming of setting aside the foregoing
sales according as ? of may be made satisfactory to your Honor ? of such
is respectfully submitted.
I. H. Sanders
Sworn to and subscribed before me this 7th day of January
AD 1875
Alexander Cobb, Judge of Probate
The State of Alabama
Sanford County
Before me Alexander Cobb Judge of Probate this
19th day of January 1876 came W. P. D. Wallace and being duly sworn depose
and say that he is acquainted with the following described tracts of land
to wit all that is described within and that in his opinion they were at
the date of their sale above shown with as follows one hundred and sixty
four dollars
W. P. D. Wallace
Page 218
Sworn and subscribed before me this 19th day of January
1876
Alexander Cobb, Judge of Probate
State of Alabama
Sanford County
Probate Court
Order to Make Titles
Special Term 27th day of Dec 1876
In the matter of the Estate of SAmuel Wallace
late of said County deceased this day came Isaac H. SAnders the
Administrator of said estate and filed his report under oath reporting the
payment of the purchase money for the following lands to wit W 1/2 of SW
1/4 & W 1/2 of NW 1/4 & E 1/2 of NW 1/4 Sec 23 & E 1/2 of SE 1/4 & SE 1/4
of NE 1/4 Sec 22 all in T19 R16 except 13 acres off of E 1/2 of SE 1/4 Sec
22 that had been sold heretofore. When it appears from the report
that one John W. Rickman had purchased said lands at the sale and paid in
full the purchase money it is ordered by the court that said Isaac H.
Sanders as Administrator aforesaid make to said John W. Rickman titles to
said lands so far as he has the authority as administrator of aid estate
and that said report be filed and recorded.
Alexander Cobb Judge of Probate
The State of Alabama
Sanford County
Probate Court
Record of Report of Payment
To Hon. Alexander Cobb Judge of Probate of
Said County the undersigned Isaac H. Sanders Administrator of Samuel
Wallace late of said County deceased respectfully report that at a sale of
real estate of said deceased made in accordance with a decree entered in
this Court on the fifteenth Day of November 1875 which sale has been duly
reported and confirmed by this Court and John W. Rickman became the
purchaser of W 1/2 of SW 1/4 & W 1/2 of NW 1/4 & E 1/2 of NW 1/4, Sec 23,
& E 1/2 of SE 1/4 & SE 1/4 of NE 1/4 Sec 22, all in T19, R16 except 13
acres off of E 1/2 of SE 1/4 Sec 22 that had been sold off heretofore at
the price of one hundred and sixty four dollars and then and there
complied with the terms of said sale the undersigned further report that
the said John W. Rickman has ? paid to him in full the purchase money and
therefore ask that as order be made authorizing him to make and convey
titles of said lot to the said John W. Rickman as is duty bound will ?
this 27th day of Dec 1876
Alexander Cobb, Judge of Probate
Page 219
State of Alabama
Sanford County
Probate Court
Special Term June 6th 1877
In the matter of the estate of Samuel Wallace
late of said County deceased this day came Isaac H. Sanders Admin and
filed his account vouchers & evidence in final settlement of said estate
where it is ordered by the Court that the 6th day of July 1877 be a day
set for the examination and passing upon said account and it appearing
from the papers on file that Toliver D Wallace, Wm W. Wallace & James T.
Wallace are minors it is ordered by the Court that S. J. Shields be and he
is hereby appointed guardians ad liten to represent the interest of said
minors in said settlement and that notice is issued as required by law and
that publication be made in the Vernon Pioneer a newspaper published in
said County for three consecative weeks prior to the day of said
settlement notifying all persons interested ? of said day that they may
contest the same if they ? proper.
Alexander Cobb, Judge of Probate
State of Alabama
Lamar County
Probate Court
Special Term July 6th 1877
In the matter of the estate of Samuel Wallace
late of said County deceased this being the day heretofore appointed by
this Court for the final settlement of said estate came I. H. Sanders Adm.
and moves the Court for the same when it appearing to the satisfaction of
the Court that there is no personal property of said estate but what is
exempted to the widow and that the only assets in the hands of the
administrator is the sum of one hundred and fifty seven dollars & 50 cents proceeds of the sale of the real estate belonging to said estate
when it appearing to the satisfaction of the Court that the widow Nancy
Wallace gave her consent in writing to sell said lands and remove her
portions in money which amount is twenty sex dollars and 25 cents and that
said administrator had paid out including his commissions the sum of
ninety eight dollars and 29 cents for cost of administration leaving a
balance of the sum of
Page 220
forty two dollars and 96 cents to be divided
as follows - the said widow Nancy Wallace having received her part
of said estate as for her receipt filed and cash paid her & Sarah E. Wallace, L.
J. Hall wife of John Hall, Samuel W. Wallace, Berry Wallace & W. P. D.
Wallace all having received the prorata share of said estate as per
vouchers on
file it is ordered by the court that they have no more of said estate and
it appearing from the calculation made in said settlement that the amount each heir
was entitled to is four dollars and
4.2929 cents and James T. Wallace not having received anything
it is ordered and decreed by the Court that he have four dollars & 29
cents his prorata share of said Estate which is paid in to this Court
(his mark)
Geo A. Ramsay
4.29& that Lucy Mcfarlen have and receive the sum of four
dollars & 29 cents her prorata share of said estate which is paid in to
the Court
4.29and that Mary D. Rickman wife of John Rickman have and
receive the sum of four dollars and 29 cents her prorata share of said
estate which was paid over to the Court.
(his mark)
Geo A. Ramsay
4.29and that Nancy C. Clemmons wife of Daniel Clemons have and
receive the sum of four dollars and 29 cents her prorata share of said
estate which amount was paid in to the Court.
(his mark)
A. Ron Peninenton
.85and that W. W. Wallace son of John Wallace who was son of
Decedent have the sum of eighty five cents his prorata share of said
estate which was paid in to the Court
.85and Toliver D. Wallace son of John Wallace who was son of
Decedent have and receive the sum of Eighty five cents his prorata share
of said estate which has been paid in to this Court & paid to Nancy
Wallace for him
Page 221
.85and that James T. Wallace son of John Wallace who was son
of Decedent have the sum of eighty five cents his prorata share of said
estate which was paid over to Nancy Wallace mother of said Jas T.
.85
Paidand Eliza J. Robertson wife of Wash Robertson have the sum
of Eighty five cents & she being in Court was paid in full by the Court
.85and that Nancy E. Graham wife of Jesse Graham have the sum
of eighty five cents which was paid in to the Court it being her prorata
share of said estate
and the said administrator having paid all the
costs of administration into this Court he is hereby discharged from
further liability ad relieved from further Administration of said estate
Alexander Cobb, Judge of Probate