Probate - Chiselum M. Reeves Estate
Butler County, Alabama
Estates Vol 3 pg 306-310
29 Nov 1858
Transcription
The State of Alabama § To Hon. Saml J. BollingButler County § Judge of Probate for
Said County and State
Your petitioner Sam Adams Administrator of the Estate of Chiselum Reeves deceased respectfully represents unto your Hon. That the estate of said Chiselum Reeves is solvent. He further represents unto y our Hon. That the Heirs of said deceased are his eleven Children To Wit Rebecca Polk Wife Jackson Poke, Joseph Reeves, Hester E. Reeves, Melinda M. Reeves, Jincy M. Weaver wife of Isaac Weaver, C. M. Reeves, Susan M., Richard J., Martha M., King H., Irvin W. Reeves and his grand children to Wit Henry and Chisolum Reeves Children of Nancy Petty, children of Nancy Petty deceased the last six of his Children are minors under the age of Twenty one years and also his grand children above name are minors all reside in the County of Butler Ala. Your petitioner would further show unto y our Hon. That the lands of said estate consist of the following to Wit E ½ of NE ¼ SE ¼ of NW Sec 14 of NE ¼ SW ¼ of NE ¼ SE of NW ¼ Sec 2 T9 R16 W ½ of SE ¼ SE ¼ of NE ¼ SE ¼ of SE ¼ Sec 36 T10 Range 16 which said land owing to their Situations the number of heirs cannot be equally and beneficially divided among the heirs wherefore your prays your Honor to authorize him to sell said land for the purpose of making a division among the heirs and that such proceedings orders and decrees May be had and made in the premises as May be sufficient to effect said sale for said purpose according to law and as in duty bound &c.
Sam Adams
Before me this day came San Adams who upon oath says that the allegations contained in the foregoing petition are true to the best of his knowledge and belief sworn to and subscribed before me this the _ day of ___ 1858
Samuel Adams
Sam Adams Admr §
vs § In Probate Court of Butler
Heirs of estate of § County
Chisolum Reeves deceased § Interrogatories to be propounded
§ to F. H. Briggs and John
E Farmer – Material Witness for Plff in above stated matter.
Int. 1st Did you know Chisolum Reeves in his life time If year, Did he die possessed of any real estate If you do the following Numbers according to your best Judgment described said land E ½ of SE ¼ NE ¼ of NW Sec 14 N ½ of NE SW of NE ¼ of E ¼ of NW ¼ Sec 2 T9 R16 If they do not state the numbers of the Land that he did possess at the time of his death
Int 2 Did he died having any children if yea name them Which are minors In what county and State do they reside which are married and to Whom
Int 3 Can said land be equally fairly and beneficially divided among the heirs of said estate without a sale thereof
Adams & Herbert
Attys for Plff
The State of Alabama Butler County
Deposition of J. E. Turner Witness sworn and examined under a commission issued and of the Probate Court of said County Whereas Sam Adams is plaintiff and the heirs of Chisolum Reeves are defendants
1st Interrogatory Did you know Chisolum Reeves in his lifetime
Answer to 1st Interrogatory I did
2nd Interrogatory Did he die possessed of any real Estate
Answer to 2nd Interrogatory he did
3rd Interrogatory do the following Numbers described (sic) {{erased} to Wit E ½ of NE ¼ SE ¼ of NW ¼ N ½ of NE ¼ SW ¼ of NE ¼ SE ¼ NW ¼ Sec 2 T9 R16 W ½ of SE ¼ SE ¼ NE ¼ SE ¼ of SE ¼ Sec 36 T10 R16
Answer to 3rd Interrogatory I believe they do
4th Interrogatory Name the Children that he died leaving which are Married and which Minors and where reside
Nancy Married to John Petty Reside deceased, Petty and the Children reside at the old place or Chislus (sic) old place, Frances Rebecca Married Jackson Polk,Resides at her Fathers old place, Jincy Married Isaac Weaver Resides some where in West Butler, Joseph J. Married Mary Franklin resides at the old place also Hester Elizabeth of age resides at the old place Chislin Morris Minor resides at the old place, Susan Minor Resides at the old place Martha Mariana Minor and since her father (?), Richard Ervin Minor Resides at the old place, King Howard Minor resides at the old place McDaniel Minor Resides at the old place.
5th Interrogatory can said land be equally fairly and beneficially divided among the heirs of said Estate
Answer:to 5 Interrogatory: it can not
John E. Turner
I one of the commissioners in said commission named do hereby certify that the evidence of the Witness J. E. Turner was taken down under oath and subscribed by him in my presents on the 14th day of Decr 1858 in the county of Bu tler State of Alabama and that I have personal knowledge of said Witness. Witness my hand and seal.
Z. Daniel L.S.
Commissioner
The State of Alabama Butler County
Deposition of T. H. Briggs Witness Sworn and Examined under and by a commission issued out of the Probate Court of said county
Whereas Samuel Adams is plaintiff and the Heirs of Chisolum Reeves defendnts
1st Interrogatory. Did you know Chisolem Reeves in his life time
Answer to 1st Interrogatory I did
2nd Interrogatory Did he die possessed of any real estate.
Answer to 2 Interrogatory he did
3rd Interrogatory do the following numbers described it to Wit # ½ SE ¼ SE ¼ of NW ¼ N ½ of NE ¼ SW ¼ of NE ¼ SE ¼ NW ¼ NW ½ Section 2 T9 R16 W ½ of SE ¼ SE ¼ of NE ¼ SE ¼ SE ¼ Section 36 T10 R16
Answer to 3 Interrogatory I think they do
4th Interrogatory Name the children that he died having which are married and how to, which are Minors and where do they reside
Answer to 4 Interrogatory
Nancy married John Petty and is now decd. Petty and the children resides (sic) at her Pas old place Frances Rebecka married Jacksons Polk Resides at the same place Jincy married Isaac Weaver Resides some where West of Greenville in Butler County Joseph J. married Mary franklin Resides at his Pas place Hester Elizabeth of age Resides at the same place Mary Matilda of age Resides at the same place Chisolem M. minor Resides also at the same place Susan Minor Resides at the same place Martha married Minor dec’d since father Richard C- (unclear) minor Resides at the same place.
5 Interrogatory can said Land be Equally fairly and beneficially divided among the heirs of said estate
Answer to 5th Interrogatory it cannot
Thos. H. Briggs
I one of the commissioners in said commission do hereby certify that the evidence of the Witness T H Briggs was taken down under oath and subscribed by him in my presents on the 13th day of Dec 1858 in the County of Butler and State of Alabama and that I have personal knowledge of said Witness. Witness my hand and seal
Z. Daniel L. S.
Commissioner
The State of Alabama – Butler County
To Zachariah Daniel and A. J. Brassell
We having full faith in your prudence and competency have appointed you commissioners and by these presents authorize you or any one or more of you to call before you at such time and place as you may appoint Thos H. Briggs and John E. Turner and examine them as Witnesses upon Interrogatories hereto attached in a case pending in our Probate Court Whereas Samuel Adams Admr of the estate of Chiselem Reeves is plaintiff and the heirs and distributes of said Reeves are defendants and return the same under your hands and seals to the next term of our said court to be holden for Butler County on the 3rd day of December 1858.
Given under my hand this 29 day of November A.D. 1858
Saml J. Bolling
Judge of Probate