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USGenWeb Archives for Alabama

Estate of Elizabeth Black

Submitted by:  Jacque Otts JacqueOtts@aol.com 1/4/2004

Estate of Elizabeth Black
Lamar County, Alabama, Order Book 2, p. 318 - 327

State of Alabama
Sanford County

Probate Court, Special Term, March 4th 1876

In the matter of the estate of Elizabeth Black Late of said County Deceased this Day came John E. Graves a Citizen of said County and filed his petition in writing and under oath praying for Letters of Administration on said Estate. When It appearing from Said Petition that the Death of said Deceased had been known for more than 60 Days and no one applying that have the Prefina? Right And there being Real estate belonging to Said Estate which Cannot be Disposed of without Administration and It appearing to the Satisfaction of the Court that Said John E. Graves is a suitable person for Administration It is hereby Ordered by the Court that said John E. Graves Be and he is hereby appointed to the Administration of Said Estate and that Letters of Administration Issue to said John E. Graves upon his qualifying according to Law & giving Bond and Good Security in the sum of four hundred Dollars. It is further Ordered that Said petition be filed and made a matter of Record.
Alexander Cobb Judge of Probate

The State of Alabama
Sanford County

Probate Court

In the Matter of the estate of Elizabeth Black Late of said County Deceased

To Hon Alexander Cobb Judge of Probate for Said County the Petition of the Undersigned John E. Graves an inhabitant of said state Respectfully Represents that Elizabeth Black late a Resident of said County Died on the --- day of August A.D. 1859 and that she Died intestate leaving no Last Will and Testament and that the names ages Residences and Condition of the heirs and Distributees of said Decedent are as follows. Children of Peggy Prater all over 21 years of age names not recollected Resided in S. Carolina Several years ago. Jane Black who is over 21 years of age of sound mind and Resides in Sanford County Alabama. Lucinda Harris who is over 21 years of age of sound mind and Residence Unknown. Thomas Black who is over 21 years of age of sound mind and Resides in Arkansas P. Office not known. Children of John Black Residing in Sanford County Alabama. David Black who is over 21 years of age of sound mind and Resides in State of Texas Gatesville P Office. A. Smith Black who is over 21 years (text unreadable) and resides in the state of Arkansas.  (text unreadable) of sound mind and resides in Sanford County Alabama.  Children of John Black to wit. George over 21 years. Robert Mary  Solomon Joseph & Katharine all under 21 years of age and reside in Sanford County Ala. Mary Sizemore wife of James Sizemore who is over 21 years of age and Resides in Sanford County Alabama that the Deceased at the time of her Death Left property in Real estate to the value of about two hundred Dollars to be Administered. Your petitioner prays to have Letters of Administration granted to your petitioner and states that he claim to be entitled thereto on the grounds following no one entitled had applied and that the Death of Deceased has been known for more than 60 Days.
John E. Graves
Sworn to & subscribed before me this 4th day of March A.D. 1876.
Alexander Cobb Judge of Probate

The State of Alabama
Sanford County

Probate Court

Know all men by these presents that We John E. Graves James Black and P. M. Woods of the County and state aforesaid are held and firmly Bound unto Alexander Cobb Judge of Probate Court for said County and his successors in office in the Penal Sum of four hundred Dollars for which payment will and truly to be made and done we sign ourselves our heirs executors and Administrators jointly and Severally -?- by these presents Sealed with our Seals and dated this 4th day of March 1876.

The Condition of the above obligation is Such that whereas the above Bound John E. Graves has been Appointed Administrator over the estate of Elizabeth Black Deceased now if the Said John E. Graves Shall well and truly perform all the duties which are or may be by law Required of him as such Administrator then the Above obligation to be void Otherwise to Remain in full force and effect.
John E. Graves (Seal)
James (his mark) Black (Seal)
P. M. (his mark) Woods (Seal)
Attest: A. Cobb

Taken and approved this 4th day of March 1876.
Alexander Cobb Judge of Probate

State of Alabama
Sanford County

Probate Court

Letters of Administration on the estate of Elizabeth Black Deceased are hereby Granted to John E. Graves who has duly qualified and given Bond  as such and he is Authorised to Administer Said Estate Dated this 4th day of March 1876.
Alexander Cobb Judge of Probate

State of Alabama
Sanford County

Probate Court, Special Term March 4th 1876.

In the matter of the estate of Elizabeth Black Deceased It is Ordered by the Court that -?- S. Hankins G. W. Hankins and S. H. Hankins Be and they are hereby appointed to appraise the Property Belonging to said estate.
Alexander Cobb Judge of Probate

State of Alabama
Sanford County

Probate Court, March 27th 1876

In the Matter of the Estate of Elizabeth Black Deceased this Day came John E. Graves Admr. Of said estate and filed in this Court an Inventory of the property belonging to said Estate Whereupon It is Ordered by the Court that said Report be Recorded and filed among the papers in the Cause.
Alexander Cobb Judge of Probate

The State of Alabama
Sanford County

Probate Court

Inventory of the Estate of Elizabeth Black Deceased
E of SW SW of SE sec. 22 T 14 R 14. 120 acres
N of NE sec 27 T 14 R 14. 80 acres
Total acres 200   Value $150.00

The State of Alabama
Sanford County

Before me Alexander Cobb Judge of Probate of said County personally appeared John E. Graves Administrator of the Estate of Elizabeth Black deceased who being duly sworn says that the foregoing is a complete inventory of all the property real & personal of said Estate which come to his knowledge & possession.
John E. Graves Adm.
Sworn to & Subscribed before me this 27th day of March AD 1876.
Alexander Cobb

The State of Alabama
Sanford County

Before me John E. Graves Justice of the Peace of the Said County personally appeared J. S. Hankins G. W. Hankins & S. H. Hankins who were appointed appraisers of the within named Estate who being duly sworn Say that the foregoing is a true & correct appraisement of the property of the Said Estate.
J. S. Hankins
G. W. Hankins
S. H.Hankins
Sworn to & Subscribed before me this The 18th day of March A.D. 1876.
J. E. Graves, JP

The State of Alabama
Sanford County

Probate Court, Special Term May 11th 1876

In the matter of the Estate of Elizabeth Black Deceased this day came John E. Graves Admr of said Estate & filed his application in writing & under oath praying for an order & proceedings to sell certain Real Estate in Said petition described of the property of said decedent for the purpose of division among the heirs upon the ground that the same cannot be Equitably divided among the heirs or divisees of said Estate & it appearing from said petition that the only heirs of said deceased are the children of Peggy Prator all over the age of twenty one residence not known. James Black who is over twenty one years of age resides in Sanford County. Lucinda Harris who is over twenty one Residence not known. Thomas Black over twenty one years of age resides in the State of Arkansas P.O. not known. David Black over twenty one years of age resides in Gatesville the State of  Texas. A. S. Black over twenty one years of age who resides at Oakflat Arkansas. Joseph Black who is over twenty one years of Age resides in Sanford County Alabama. Mary Sizemore wife of James Sizemore over twenty one years of age resides in Sanford County Ala. Robert Black Mary Black Solimon Black Joseph Black & Catherine all under the age of twenty one resides in Sanford County Alabama. George J. Black who is over the age of twenty resides in Sanford County, Alabama. It is therefore ordered that W. B. ?raylor be apointed Guardian Ad Litem For the said Robert Mary Soliman Joseph & Catharine Black & that the 3rd day of July 1876 be & it is hereby appointed a day for hearing the said Application & the proofs which may be submitted in Support of the Same it is further ordered that due notice of the nature of said application & of the time above set for the hearing thereof be given at least forty days before said day of hearing By publication in the Vernon Pioneer A Newspaper published in said County for all persons in interest to appear & contest said Application if they think proper it is further ordered that James Black Joseph Black Mary Sizemore wife of James Sizemore George J. Black & W. B. ?Traylor Guardian Ad Litem For Robert Mary Soliman Joseph and Catharine have Notice of this proceeding & of the day Set of hearing the Same by citation to be personally Served upon them ten days before the day for Hearing the Same it is further ordered that a copy of said published Notice be forwarded through the post office postage paid addressed to said David Black & A. S. Black to their post-offices being of the only ones whose post office is unknown to the Court within ten days after the first publication thereof as aforesaid. It is further Ordered that said . . . [blurred].
Alexander Cobb Judge of Probate

The State of Alabama
Sanford County

Probate Court

To Hon. Alexander Cobb Judge of said Court the undersigned John E. Graves Administrator of the Estate of Elizabeth Black deceased respectfully represents unto your Honor that the Said Elizabeth Black at the time of her Death owned the following Lands situated in the County of Sanford to wit-N of NE Sec 27 T14 R14 E of SW SW of SE Sec 22 T14, R14   That the heirs of said decedent are the following to wit-Peggy Prator's children who is over twenty one years of age and of sound mind residence not known. James Black who is over twenty one years of age & resides in Sanford County Alabama. Lucinda Harris who is over twenty one . . . [line apparently missing from copy] . . .  Black who is over twenty one years of age & of sound mind & resides in the state of Arkansas Post Office not known. David Black who is over twenty one years of age & of Sound Mind resides in the State of Texas & Gatesville P.O. A. S. Black who is over twenty one years of Age resides in Arkansas Oakflat P.O. Joseph Black who is over twenty one years of age & resides in Sanford County Alabama. Robert Black who is under twenty one years of age & of Sound Mind resides in Sanford County Alabama. Mary Black who is under twenty one years of age & of Sound mind resides in Sanford County Alabama. Solimon Black who is under twenty one years of age & of Sound Mind resides in Sanford County Alabama. Joseph Black who is under twenty one years of Age & of Sound Mind resides in Sanford County Alabama. Catharine Black who is under twenty one years of age & of Sound Mind resides in Sanford County Alabama. George J. Black who is over twenty one years of Age of Sound Mind resides in Sanford County Alabama & that the said lands above described cannot be equitably divided among said heirs & that the said lands will have to be sold for division one of said Adults James Black requests that said lands be sold for distribution wherefore your petitioner prays that He be authorized to sell said lands for the purpose of making a division of said Estate Among said Heirs According to the Statute for such Case made & as such proceedings Att__ & decrees may be had & made in the pre____ as may be sufficient to effect Such sale for said purpose according to law & as in duty bound your petitioner will ever pray.
John E. Graves Admr.
Sworn & Subscribed before me this 11th day of May 1876.
Alexander Cobb
Judge of Probate

State of Alabama
Sanford County

Probate Court, Special Term July 3rd 1876

In the Matter of the estate of Elizabeth Black Deceased This being the [day] to which was appointed by this Court More than forty Days Since for the hearing of the Application of John E. Graves Administrator of Said estate for an order to Sell certain Lands herein after Described for the purpose of a Division on the grounds that the Same cannot be Equitably Divided now come the Said John E. Graves Administrator as aforesaid and Moves the Court that Said application be granted And also comes W. B. ?Traylor who is not of kin to Said Administrator nor in anywise interested in this proceedings and who was heretofore duley appointed and has Consented in Writing to act as Guardian Ad Litem to Represent and protect the interest of Robert, Mary, Solomon, Joseph and Catharine Black And as Such Guardian Ad Litem has filed on the 1st day of July 1876 his answer in writing denying the Allegations Contained in Said application and it appearing to the Court that the Children of Peggy Part??, Lucinda Harris, Thomas Black, David Black and A. S. Black have been duley brought into Court by publication in the Vernon Pioneer A news paper published in Said County according to the Order of this Court made and entered in these premises on the 11th day of May 1876 and that James Black Joseph Black, Mary Sizemore wife of Jas Sizemore and George J. Black have had due notice by testatum Notifying them of Said application and the day appointed for the hearing the Same as Required by law and in accordance With the Order of this Court Made and entered in the premises on the Said 11th day of May 1876 And it further appearing to the Satisfaction of the Court by the Oaths of S. H. Hankins and Joel S. Hankins disinterested witnesses whose testimony has been taken by Deposition as in Chancery proceedings and which Testimony has been filed of Record in this Court the Lands described as follows to wit N of SE Sec 27 & E of SW & SW of SE Sec. 22 T14 R14 - Cannot be Equitable Divided among said heirs without a Sale thereof. It is therefore ordered adjudged and Decreed by the Court that Said application be to sell the Above described Land at public outcry on the premises in Said County in the manner and form as the Law Directs in Such Cases after having first given notice by Advertisement in the Vernon Pioneer a newspaper published in Said County for three consecutive weeks prior to Said Day of Sale of time place and terms of Sale upon the following terms to wit for Cash
Alexander Cobb Judge of Probate

State of Alabama
Lamar County

Probate Court, Special Term Decr 27th 1877

In the Matter of the final settlement of Elizabeth Black Late of Said County Deceased this Day came John E. Graves Administrator of Said estate and filed his account and vouchers in final setlement of said Estate when it appearing from said account that Peggy B. Pa_ter's children, Lucinda Harris, Thomas Black were heirs of Said Estate and Lived beyond the Limits thereof whose places of Residence is not known and that David Black is an heir of Said Estate and Resides in the state of Texas, Gatesville P. Office and that James Black and the children of John Black whose names are not known. A. S. Black, Joseph Black & Mary Sizemore wife of James Sizemore are all over 21 years of Age & Resides in Lamar County Alabama. It is Ordered by the Court that the 31st day of January next be a day set for the hearing and passing? Upon Said account & that notices issue to the Resident heirs of said County & a published notice of said settlement be made according to law.
Alexander Cobb Judge of Probate

State of Alabama
Lamar County

Probate Court, Special Term January 31st 1878

In the Matter of the estate of Elizabeth Black Late of Said County Deceased this being the Day to which was appointed for the final settlement of the estate of Said Elizabeth Black Deceased Came John E. Graves the Said Administrator And Moves the Court to Make the Same When an examination of the amount heretofore filed in this Court together with the vouchers It appears that said Administrator had Assetts in his hands for the Sale of Land the sum of Two hundred Dollars and that he had expended in and about the Administration and Taxes & Commissions Due him of the Sum of Eighty one Dollars & 15 cts Leaving A Balance in the hands of Said Administrator to be Administered of the Sum of one hundred and Eighteen Dollars & 85 cts to Be Distributed among the following heirs of said Estate to wit
To Lawful Heirs of Peggy Prater when known the sum of thirteen Dollars & 20 cts it being their Distributive share of said estate. She being heir at Law of said estate Said Money to be paid to them when known
Also pay to Lucinda Harris the Sum of thirteen Dollars & 20 cts It being her Distributive share of said estate to be paid to her on Demand for which __?__ shall issue
And that said Admr [pay] Thomas Black the sum of thirteen Dollars & 20 cts It being his Distributive share of said estate for which _?_ execution issue
And that said Admr pay to David Black & A.S. Black estate each the sum of thirteen Dollars & 20 cts it being his distibutive share of said estate for which let execution issue. (Receipt filed for this decree)
And that said Administrator pay to James Black the Sum of thirteen Dollars & 20 cts it being his Distributive share of said estate for which Let Execution Issue.
(Recd this decree in full Jay 31st 1878. Jas (his mark) Black, Attest: Alx Cobb)
and that said Admr pay to the Heirs of John Black who was son of Decedent the sum of thirteen Dollars & 20 cts It being there Distributive share of said Estate for which Let Execution issue.
(Receipt filed in full in this Decree)
And that Said Admr pay to Joseph Black the sum of thirteen Dollars & 20 cts It being his distributive share of said estate for which Let Execution issue
(Receipt filed for this Decree)
and that said Admr pay to Mary Sizemore wife of J. W. Sizemore & heir of said estate the sum of thirteen Dollars & 20 cts It being her Distributive share.
(Receipt filed for the Decree)
It is further Ordered by the Court that when said Admr fully pays off & satisfys all the Decrees this day Rendered against him by this Court he is Discharged from further Administraiton or Liabilities about said estate.
Alexander Cobb Judge of Probate.

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