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email : Mike Welch
return to "Welch-Houston Genealogy"
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
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