9 August 1847
To the Honorable Benjamin C. Rives, Judge of the Probate Court of Tishomingo County, Mississippi:
The petition of JESSE WELCH and DAVID GALLAHER residents of said county respectfully showed that ALSEY WESTMORELAND, late of the County of [left blank] and State of Texas departed this life sometime in the month of December 1846 leaving no will so far as your petitioners know or believe.  That said intestate had at the time of her death a REVERTIONARY INTEREST in a Negro man by the name of DANIEL now in the County of Tishomingo and State of Mississippi and that the LIFE ESTATE in said Negro is now extinct that said Negro is supposed to be worth six hundred dollars and that said ALSEY WESTMORELAND has no other property in the jurisdiction of this Court.

That one of your petitioners JESSE WELCH is the brother of said intestate and that besides your petitioner as aforesaid the intestate left four other brothers and sisters to wit; ANNA STEP, JOSEPH N. WELCH, JANE PEARSON and KESIAH DURHAM all of whom are of full age.  That your petitioners, believing that said estate should be immediately administered upon as well for the proper management of said Negro as for the purpose of dividing said estate by virtue of their right under the statute they therefore pray that your honor will grant letters of administration to them in the premises upon qualifying themselves according to law and the directions of this Court.  Your petitioners beg leave to offer to the consideration of your honor WILLIAM L. DUNCAN and EPHRAIM LEATH as Securities upon their hand and to nominate JOHN REEVES, JOHN TAYLOR and ARTHUR L. BEATY as appraisers to value, etc. the said estate of the intestate and as is duty bound your petitioners will ever pray, etc.
Subscribed and sworn to before me this 9th August 1847.
JESSE WELCH
DAVID GALLAHER
C.D. Key, Clerk

3 August 1847
Know all men by these presents that we, JESSE WELCH, DAVID GALLAHER, WILLIAM L. DUNCAN and EPHRAM LEATH are held and firmly bound to BENJAMIN C. RIVES, Judge of the Probate Court of Tishomingo County in the State of Mississippi and his successors in office in the penalty of fifteen hundred dollars for payment of which duly to be made we bind ourselves, our heirs, executors and administrators jointly and severally.  Signed with our names and sealed with our seals this the third day of August 1847.  The condition of the above obligation is that if the said JESSE WELCH and DAVID GALLAHER, Administrators of the goods, chattels and credits of ALSEY WESTMORELAND, deceased do make a true and perfect inventory of all singular the goods, chattels and credits of the said deceased which have or shall come to the hands, possession or knowledge of them the said JESSE WELCH and  DAVID GALLAHER or in the hands or possession of any other person or persons for them and the same so made to exhibit into the Probate Court of Tishomingo County when they shall be thereunto required by the said Court and such goods, chattels and credits do well and truly administer according to law and further do make a just and true account of their actings and doings therein when thereunto required by the said  Court and all the rest of the said goods, chattels and credits which shall be found remaining upon the account of the said administrators the same being first examined and allowed by the said court shall deliver and pay unto such persons respectively as one entitled to the same by law and if it shall hereafter appear that any last will and testament was made by the deceased and the same be proved in court and the Executor or Executors obtain letters testamentary and the said JESSE WELCH and DAVID GALLAHER do in such case being required render and deliver up these letters of Administration then this obligation to be void else to remain in full force.
JESSE WELCH (Seal)
DAVID GALLAHER (Seal)
W.L. DUNCAN (Seal)
E. LEATH (Seal)

12 August 1847
The State of Mississippi
Tishomingo County
To JOHN TAYLOR, JOHN REEVES, and ARTHUR L. BEATY
This is to authorize you to jointly appraise the goods, chattels and personal estate of [left blank] WELCH, late of said County deceased, so far as they shall come to your sight or knowledge each of you having first taken Oath annexed a certificate whereof you are to return annexed to an inventory of the said goods, chattels, and personal estate by you appraised in dollars and cents and in said inventory you are to set down in a column or columns opposite to each article the value thereof.
Witnesseth; BENJ. C. RIVES, Judge of Probate and Seal of Court affixed the 12th Day of August 1847.  (Seal)  Chisley D. Key, Clerk

3 September 1847
We, JOHN TAYLOR, JOHN REEVES and ARTHUR L. BEATY do swear that we will well and truly without partiality or predjudice, value and appraise the goods, chattels and personal estate of ALSEY WESTMORELAND, deceased, so far as the same shall come to our sight or knowledge and will in all things perform our duty as appraisers to the best of our skill and judgement, so help us, God.
Sworn to and subscribed before the 3rd day of September 1847
JOHN REEVES
A.L. BEATY
JOHN TAYLOR
BENJAMIN C. RIVES, Probate Judge
A sure and just inventory and appraisement of the goods, chattels, personal estate of  ALSEY WESTMORELAND, deceased, a Negro man named DAN. Afsd. About 26 years $800.
To the Hon. B.C. RIVES, Judge of the Probate Court of the County of Tishomingo in the State of Mississippi, the undersigned appraisers appointed by this Hon. Court as the at the last August term 1847, thereby to appraise the goods, chattels and personal estate of ALSEY WESTMORELAND, a NON-resident of this state, deceased, by law respectfully to return these ..and by virtue of the warrant of this Court to them directed and their oath therein directed that on the 30 day of September 1847 met in the town of Jacinto and proceeded in the performance of their duties which said warrant and Oath hereunto attached.  That on the way these appraises did meet in the town of Jacinto aforesaid and did then and there value and appraise the goods, chattels, and personal estate of said deceased so far as the same was there to came to their sight or knowledge which will duly appear to your Honor by reference to the foregoing schedule each article with the value thereto attached accounting in all to the sum of $800.00  All of which is hereby certified under our hands and seals respectfully submitted this 3rd September 1847.
JOHN REEVES
A.L. BEATY
JOHN TAYLOR

3 April 1848
The State of Mississippi, Tishomingo County, Probate Court, April Term 1848:
To the Honourable Benjamin C. Rives, Judge of the Probate Court for the County of Tishomingo, State of Mississippi.  The petition of DAVID GALLAHER and JESSE WELCH, administrators of the estate of ALSEY WESTMORELAND, deceased, as from the records of this Honorable Court, reference being thereunto  will appear, respectfully, shows that they are informed by the distributees of said estate that they will apply to this Honourable Court for their distributive share of said estate according to the statute in such cases made and provided to which application this petitioner will offer no objection or impediment but your petitioners, in view of said division, beg leave to represent that said intestate deceased leaving no other property but one Negro man slave named DANIEL which will more fully appear by reference to the inventory hereafter returned by your petitioners.  Since your petitioners further show that said intestate deceased  left no other lawful heirs but her brothers and sisters who are as follows to wit:  JESSE WELCH,  and your petitioners, THOMAS STEPS and ANN STEPS his wife, HENRY PERSON and JANE PERSON, his wife, JAMES DURAM and KEZIER DURAM his wife and JOSEPH WELCH all of whom except your petitioners are NON-RESIDENTS of the State of Mississippi and that all are the devicees or legatees and are of lawful age to represent their interests in their behalf.  Your petitioners, therefore pray, that THOMAS STEPS, and ANN STEPS, his wife, HENRY PERSON and JANE PERSON, his wife and JAMES DURAM  and KIZIER his wife may be notified to be  here and appear before this Court at a Day Certain and to there cause if any they can against the sale of said slave and that a proper time for sale may be ordered and that such orders and proceedings may be made and held as to your Honor may seem just and proper in this premise.  And your petitioners in duty will ever pray.
Sworn in Open Court 3 April 1848
JESSE WELCH
DAVID GALLAHER
C.S. Key, Clerk

 10 April 1848
Probate Court State of Mississippi, Tishomiingo County
10th Day of April AD 1848
On the matter of the estate of ALSEY WESTMORELAND, deceased, on reding and filing the petition of JESSE WELCH and DAVID GALLAGHER, administrators of the goods and chattles, rights and credits of ALSEY WESTMORELAND, this day appeared before this court presenting that a certain male slave named DANIEL belonging to the Estate of said decendent towit: the said JESSE WELCH, THOMAS STEPS, in right of his wife, ANN STEPS, formerly ANN WELCH, HENRY PEARSON, in right of his wife JANE PEARSON, formerly JANE WELCH, JAMES DURHAM, in right of his wife, KEZIAH DURHAM, formerly KEZIAH WELCH and JOSEPH WELCH and it appearing to the satisfaction of the Court that the said THOMAS STEPS, ANN STEPS, HENRY PEARSON, JANE PEARSON, JAMES DURHAM, KEZIAH DURHAM and JOSEPH WELCH are NON RESIDENTS of the State of Mississippi and reside beyond the jurisdiction of this Court so that the process thereof cannot be served on them.  It is there upon ordered by this Court that the said administrators make publication for four consecutive weeks in the RIPLY ADVERTISOR (a public newspaper) printed and published in the town of RIPLY in the County of Tippah in the State of Mississippi citing the said THOMAS STEPS, ANN STEPS, HENRY PEARSON, JANE PEARSON, JAMES DURHAM, KEZIAH DURHAM and JOSEPH WELCH., to be and appear before this Court on the Second Monday in June next, then and there to show cause, if any they can, against such sale.  Such publication to be commenced at least forty days before the said, second Monday of June next.

12 June 1848
In the matter of the petition of DAVID GALLAHER and JESSE WELCH, administrators of the estate of ALSEY WESTMORELAND, deceased, of sale of certain Negro slave therein named.  This case coming in for hearing on the petition of the administrators, DAVID GALLAHER and JESSE WELCH to the court being satisfied that publications had been made according to the order made on April 10th of this Court and proof thereof having been submitted and placed on the files of this Court and the distributees having been solemnly called and came not but made default and the Court being satisfied in hearing and consideration of the heirs in said petition and proof introduced support thereof that age of the said petitioners JESSE WELCH, THOMAS STEP, and Ann, his wife, HENRY PEARSON and Jane, his wife, JAMES DURHAM and Kizzier his wife and JOSEPH WELCH are the only claimants of said Negro slave and are the only heirs of said ALSEY WESTMORELAND, deceased, and it also appearing to the satisfaction of this Court that said slave cannot be denied any of said claimants in and on account of the nature of said property it is therefore ordered and decreed that said administrators sell said Negro slave described in said petition as a Negro man named DANIEL at public venue between the hours prescribed by law to the highest and best bidder on a credit of twelve months from the day of sale first giving time and place of sale by advertisement posted in three of the most public places in this county thirty days previous thereto that they regain the purchase or purchaser of said slave to give both parties bond with good and ample security for the purchase money and that they make and return to this Court a full report of their proceedings under and by virtue of this decree as the succeeding such sale.  Ordered and decreed this 12th Day of June 1848.
B.C. RIVES, Judge

15 June 1848
By virtue of an order of the Probate Court of Tishomingo County Mississippi made at the June 10, 1848, thereof the undersigned administrators of the Estate of ALSEY WESTMORELAND, deceased, will on Monday the 17th day of July next enter for sale at public auction at the Court House in the town of Jacinto to the highest bidder on a credit of 12 months from the day of sale a likely Negro man by the name of DAN. Aged about 25 years.  The purchase of said estate will be required to give bond with approved security to make the purchase.
Jacinto 15 June 1848
DAVID GALLAHER
JESSE WELCH

17 July 1848 - The State of Mississippi, Tishomingo County
ELI CALLICUTT being duly sworn says the above is true copy in three of the most public places in said county to wit one can put on at the Court herein in Jacinto more than 30 days before the 17th July 1848 the he truly believes said notice remained so for the space of thirty days next.  Sworn before me this 17 day of July 1848.
Before me, ARTHUR L. BEATY, Justice of the peace for said county personally came BENJ. N. KEYIAN and DUELEY C. CUSLEY being men duly sworn deponents saying they were present at the sale of a certain slave called DAN the property of ALSEY WESTMORELAND, late, of the State of Texas, deceased, at the door of the Court House of said County on the 17th day of July AD 1848 and said sale commencing at the hour of twelve o'clock and concluding before four o'clock p.m. making all respects in judgements fairly and properly conducted by the administrators DAVID GALLAHER and JESSE WELCH to obtain an advantageous sale.  Sworn before me this day AD 1848, BENJ. KEYIAN and D.C. CUSLEY.  AL BEATY, J.P.

14 August 1848
Probate Court, State of Mississippi, Tishomingo County
[Court Record 3, P. 145]
To the Honourable BENJAMIN C. RIVES, Judge of the Probate Laws of Tishomingo County, State of Mississippi:
The undersigned administrators of all and singular the goods, chattels, rights and credits which were of ALSEY WESTMORELAND being in the County of Tishomingo, State of Mississippi, late of the State of Texas, deceased.  Respectfully report that by virtue of the order of this Court made June 10 AD 1848 thereof directing and authorizing them to sell a certain male slave called DAN described in their application on his behalf after having made and duly given according to the stature and the directions of the said Court Order they did on the 17th day of July AD 1848 at the Court House door of said County between the hours prescribed by law proceed to sell the said slave to the highest bidder in a credit of twelve months from the day of sale and did there and then set the slave aforesaid for sale at public auction until the said sale was fully concluded and then and there at the sale aforesaid ELI CALLICUTT because the highest and first bidder and purchased the said slave at and for the sum of eight hundred and seventy nine dollars ($879) and their administrators for proof of legal and proper right of said sale be pleased to refer to contract herewith filed and prayed to be made a part of this report and their administrators further report that the said ELI CALLICUTT has given bond with law and sufficient security for the payments of the sum herein bid for the said slave as aforesaid and their administrators having now fully reported their proceedings in his behalf pray that the said sale may be approved and confirmed by this honorable court.
Respectfully submitted, DAVID GALLAGHER, JESSE WELCH.
Sworn to before me this 14th day of August AD 1848, C. Key, Clerk

18 Dec 1849
The State of Mississippi, Tishomingo County
To the Sheriff of said County, Greetings, You are being commanded to cite DAVID GALLAHER and JESSE WELCH , administrators of the goods, chattels and credits of ALSEY WESTMORELAND, deceased, to be and appear before this Probate Court of Tishomingo County at this Court House on the 2nd Monday in January next then and there to settle their final account as said administrators and further to do and suffer such things as shall be considered and ordered by the Court aforesaid in the premises.
Witness, E.C. GILLANTIAN, Judge of Probate and Seal of said Court 18th Dec. 1849.
Rec'd 11th Dec 1849
I execute on D. GALLAHER 27th Dec and on JESSE WELCH 10 Jan 1850

14 January 1850
DAVID GALLAHER one of the administrators of ALSEY WESTMORELAND, deceased, upon this day filing his account for final settlement desires him now to inform the Court that ELI CALLICUTT of Said County of Tishomingo State of Mississippi is by virtue of his purchase from JESSE WELCH and KEZIAH DURHAM of their distributed share of said estate the distributees of the share in said estate and that Mrs. SOUTHERLAND as administrator of NORMAN SOUTHERLAND is distributee of one share of said estate as he is informed and believes that ANN STEP is living in South Carolina and JOSEPH N. WELCH is living in Georgia the other distributees, the same being all the distributees of said estate to the best of your administrators knowledge and believe and your petitioner prays that citations be issued to the said ELI COLLICUTT and FRANCIS SOUTHERLAND, administrator as aforesaid returnable to this Court the 2nd Monday of April next and citations be published directing the said men residents also to appear in said Court and on said second Monday to show cause, if any they can, why the said final account shall not be allowed and confirmed, as is duly bound to.  Submit to and subscribed before me this 14th day of January AD 1850, DAVID GALLAHER.

15 January 1850
State of Mississippi County of Tishomingo Probate Court
DAVID GALLAHER one of the administrators of the estate of ALSEY WESTMORELAND, deceased, in account with said estate presents this his first and final settlement with said estate.  This administrator charges himself with the following sum received on account of said estate to wit:  the said sum of eight hundred and seventy nine dollars being all that has come to his hands or knowledge on account of said estate and in the administration of this sum and presents the following vouchers to wit.
This amount paid C.D. Key, Clerk  $10.32 ½
This amount paid B.C. Rives, Judge      5.75
This amount paid John Rives Comm.      1.00
This amount paid John Taylor Comm.     1.00
This amount paid A.L. Beaty DA      1.00
This amount paid  Reynolds Kinzer Atty.      7.25
This amount paid A.E. Reynolds, Atty.    35.00
This amount paid B.A. Kinzer, Atty.     15.00
      $76.33 ½

Total Allowance paid as above stated leaving due this estate by calculation $802.66.
This administrator takes allowances of 7% of the $879.00 which will be $61.53 for his services as administrator and an allowance for the further cost in Court including judges and clerks fees for publication after which the balance will be subject to distribution.  Your administrator, thereof one prays your Honor to receive this as a final settlement and cause such order to be made as shall be proper and its final allowance and he be discharged from further service as administrator subject to the payment of the distribution shares to the legal distributees when legally demanded.  DAVID GALLAHER
 And as is duty bound sworn to and subscribed before me this 15th of January AD 1850.  E.G. GILLATIAN, Judge

 12 April 1850
State of Mississippi, Tishomingo County, Probate Court
This day came in for final hearing on the first and final settlement of DAVID GALLAHER, one of the administrators of ALSEY WESTMORELAND, deceased, with the estate of said deceased as such administrator presented for attention and filed the 14th day of January 1850 and the Court being satisfied that ELI CALICUTT and FRANCIS SOUTHERLAND as administrators of NORMAN SOUTHERLAND and distributees of said estate resident within this jurisdiction of this Court have been duly cited in this behalf by the return of citations now on file in this Court duly made and that ANN STEPS, KIZIAH DURHAM and JOSEPH N. WELCH distributees who are NON RESIDENTS of this State as appears from the affidavit of the said GALLAHER as one of the said administrators filed in this behalf the 14th January 1850 have been duly notified in this behalf by publications agreeable to the Order of this Court by proof of said publications now on file in this behalf and the Court being satisfied that the said final settlement should in all things be confirmed and allowed as made and stated that the allowances prayed for should be made and he be charged according to his prayer in that behalf.  It is therefore ordered, adjudged, and decreed that the said settlement be and the same as in all things allowed and confirmed and allowances prayed for and hereof made and the said administration discharged except as to the payment to the distributors prorated the balance in his hands of said estate after deducting the aforesaid allowances ordered, adjudged and decreed this 12th day of April 1850 and ordered to be recorded and signed and sealed.
E.C. GILLATIAN, Judge

Available at the Alcorn County Court House, Corinth, Mississippi, Book L, P. 60

Transcript typed from original March 2000 by:
Bennie Lou Hook Altom, 9966 Galway Drive, Dallas TX  75218-2821
Baltom@NovaOne.Net