Copy of an email from Jim Brown which gives his many thanks to Bennie Mitchell for the copy of the estate papers explanatory information on the settelement papers.
Subject: David Brown's Estate Settlement, First Installment Date: Wed, 7 Feb 2001 09:30:25 EST From: W5DRP@aol.com
Dear David Brown descendants and researchers:
Our fellow list member, Dr. Bennie Mitchell, was extremely generous to me a few years ago by mailing photocopies from the estate settlement of David Brown. The settlement began apparently on September 15, 1868, which probably was a bit more than forty days after David's death. It didn't come to an end until August 18, 1873!
The material provided by Bennie is a massive stack of huge (11" x 17") photocopies, which certainly were difficult for him to copy, not to mention the trouble of mailing. Bennie has my heartiest thanks not only for sending duplicates, but also for the very substantial task of obtaining "first generation" copies from St Clair County.
Long ago I told Bennie, and several other list members, that I would attempt a transcription, and here at last is my initial offering. Other pages will follow as time permits. The excerpt below is from pages 186-88, Book G, of the estate records of St. Clair Co AL.
I expect most people will not want to read the whole text, so here is a summary of the First Installment: My GGGgrandfather, David Brown, died sometime in August 1868. Washington Lang(k)ford, who was David's son-in-law by virtue of his marriage to Louisa (also sp. Luiza/Louiza/Luisa) Brown, came before the Probate Court of St Clair Co AL on Sept. 15, 1868, and asked to be named administrator of David's estate -- since David had died "intestate" (i.e., without a will). The Court named Washington as administrator, subject to a bond of $8050.00, which bond was guaranteed by seven local citizens. The Court also named two other men as appraisers. And Washington asked immediate permission to sell a federal land warrant for 120 acres, which had been granted to David in 1855 for his service in the War of 1812 (Creek War) and which David had never used. The Court granted permission for sale of the warrant and also ordered that Washington proceed immediately to sell all of David's personal property (i.e., property other than real estate) at auction.
I have tried to be faithful to the original by keeping "incorrect" spellings and punctuation. Also I have kept the original page layouts and line structures wherever possible. The underlined spaces indicate things not legible in my copy. These blanks are pervasive along the right margins of the even-numbered pages, due to the copying machine's inability to scan that area. Items in [right-angle brackets] are my best guesses for missing or illegible words. Items in {pointed brackets} are my editorial comments. Perhaps someone will eventually be able to visit the St Clair Archives, fill in the blanks, and verify the bracketed items.
Best regards, Jim Brown
PS: When I visited St Clair County many years ago, I found David Brown mentioned in the index of "estate books" as follows: Book G: pp. 186-211 and p. 319; and Book H: pp. 42-55 and pp. 654-661. Further listings are in the "probate court minutes" as follow: For the period 1867-1870: p. 172, p. 175, p. 189, p. 250, p. 276, pp. 405-06, p. 432, pp. 440-42, p. 479, p. 482, and p. 500; and for the period 1870-74, p. 18, p. 25, p. 27, pp. 29-35, pp. 395-96, and pp. 398-402. I never had a chance to check all these pages, but I doubt that they refer to anyone other than "our" David Brown. (The materials sent to me by Bennie Mitchell are pp. 186-211 of Book G; pp. 398-402 of the 1870-74 Probate Court records; and p. 21 from an unknown source.)
186
David Brown deceased Estate of ) Probate Court_______
Grant of Letters of Administration ) St Clair Co. Ala[, September]
) 15th 1868
This day came Washington Langford a resident citizen
of said county, and petitioned this court praying to be
appointed Administrator of the Estate of David Brown
deceased and it appearing to the satisfaction of the Court
that said Langford is a son-in-law of deceased, that ____
deceased departed this life intestate in this County ________
day of August 1868 being at the time a resident c______
of this County having an Estate in this County of about the va[lue of]
four thousand and twenty-five dollars and not probably ___
and that the death of Deceased has been Known for more [than]
forty entire days. And the said Washington Langford h[as]
give {sic} bond in the sum of Eight Thousand & fifty dollars _____
John C. Brown, Pleasant Crump, Thomas Rickles, Arden
Sanders Unity Beason, William Jones and Denis ________
as his securities therein which bond with such secur[ity]
therein has been duly taken & approved as good and ______
by the Judge of this Court. It is ordered, Judged and d[irected]
that said Washington Langford be and he is hereby appointed
to administer the Estate of the said David Brown deceased
of said County and that the proper letters of administration
do issue to him forthwith. It is further ordered that ____
appraisement of said Estate be made, that John A. O. B________
Edward Early and Arch Walker be and they are hereby ________
ed and authorized to appraise said Estate and that the____
due notice of this appointment.
Thomas A. Ramsey J[udge]
David Brown deceased Estate of ) Probate Court for St. [Clair]
For the sale of perishable and ) County State of Alabama
wasting property and land warrant ) September 22nd 1868
This day came Washington Langford administrator of
Said Estate and filed his petition in writing & under [seal]
praying for an Order to sell all the personal prop[erty]
belonging to said Estate, which is mentioned and described ___
inventory and appraisment of said estate - now on fil[e in]
this office including a Land Warrant issued on the first day of August
1855 to said deceased for one Hundred + twenty acres of land Signed ____
of ______ Commissioner + which warrant is numbered ten thousand + forty
five + wich {sic} warrant is now presented in open Court upon the ____
that the same is of a perishable + wasting nature + liable to waste __
perish, and the Court having read said petition and _____
the proof allowed in support thereof, and being [satis-]
fied that the said petition is fully substantiated by
said evidence, and that said property is per[ishable]
and waisting {sic} its value, ant that it will be [bene-]
ficial to the interest {?} of said estate that the [said warrant]
should be sold and at as early a day as m______
------------------------------------------------------
187
in accordance with the prayer {?} of said petition, and it
appearing to the Court that said land warrant was
issued to said deceased in his lifetime, and that he is
the identical David Brown to whom the said warrant
was issued. It is ordered & decreed that all the personal
property belonging to said estate mentioned in the inventory
and appraisment of said estate now on file in this Court
including said land warrant, be put up and sold at the
late residence of deceased in said County except the hou-
sehold and kitchen furniture which will be sold at
the residence of Washington Langford {sic} in said County
in such lots and parcels as said administrator may
think most advisable, and at auction to the highest
bider {sic} for cash, after said administrator shal {sic} have first
given notice for at least ten days of the time place and
terms of sale together with a description of said property
by posting such notice at the Court House door and three
other public {sic} in said County there being no news paper
published in this County. It is farther ordered that said
administrator within sixty days after said sale repost his _____
action in the premices {?} to this court. It is farther ordered
that said petition be recorded.
Thomas A. Ramsey Judge
David Brown deceased, Estate of ) Probate Court Court {sic} St Clair
order to record Invettory {sic} & appraisment) County Ala 22 Sept 1868
/the estate of
This day came Washington Lanford {sic} the administrator of said deceased
& presented his Invettory & appraisment of said Estate in ___ form & property
_______. It is ordered by the Court that the same be filed and Received
for future reference. Thomas Ramsey
Judge
State of Alabama ) Court of Probat {sic} for Said County
St Clair County ) September Term A. D. 1868
Know all men by these presents that we Washington
Langford, Plasant {sic} Crump, Thomas Rickols, Arden Sanders,
Unity Beason, William H.{?} Jones & H. T. Tramel {?} of the County
of St. Clair are held and firmly bound unto Thomas
A. Ramsey Judge of the probate Cour in and for
St. Clair and his successors in office, in the Sum of
Eight Thousand and fifty Dollars, to be paid to the said
Judge, or his successors in office, to which payment well
and truly to be made, we bind ourselves, our heirs,
Executors and Administrators, jointly and severally
firmly by these presents. Sealed with our seals and
dated the Fifteenth day of September, in the year of
our Lord one thousand eight hundred and sixty Eight.
The condition of the above obligation is such that
Whereas, the above bond Washington Langkford {sic} has,
been duly appointed administrator of the Estate of
David Brown late of said deceased, Now if _____
____ Washington Lankford {sic} shall well and tru[ly]
----------------------------------------------------------------------------------------
188
perform all the duties which are, or may be, by ____
required of him, as such Administrator, then _____
the above obligation to be void {sic], otherwise to rem[ain in]
full force and effect. The above bond take[n and]
approved this Fifteenth day of September A.D. 18[68]
The above Bond taken and ) Washington Lan[gford seal]
approved this 15th September 1868 ) John C. Brown [seal]
Thomas A. Ramsey ) Pleasant Crump [seal]
Judge of Probate ) Thomas Rickles [seal]
) Arden Sanders [seal]
) W. F. Jones [seal]
) H. T. Tramel {?} se[al]
To the honorable Thomas A. Ramsey Judge of the
Court in and for St Clair County State of Alabama
Your petitioner Washington Langford the ad[ministrator]
of the Estate of David Brown deceased most respectf[ully]
represents unto your Honor that said deceased d________
ed and possessed of the following described person[al]
property; Viz: All the personal property mention[ed and]
described in the Inventory and appraisment of ____
Estate This day filed in your Honors Court in[cluding]
a U.S. Land warrant for one hundred and sixty {sic} a[cres of]
land issued to deceased in his lifetime for his services [as a]
soldier, and which land Warrant was issued on the first [day of]
August 1855, signed by commissioner G. Minot and the ________
numbered Ten Thousand and forty five and which [warrant]
is now presented with this petition. He farther repr[esents to]
Your Honor that a portion of said property is of a pe[rishable]
nature, and the balance of the same is liable to w[aste]
and be destroyed. He alleges that a sale thereof wi[ll be]
beneficial to the interest of said Estate, that the _____
is perishable and liable to waste as aforesaid. You[r petitioner]
states that the household and kitchen furnitu[re of the]
deceased is now at the house of your petitioner an[d Unity]
Beason one of the daughter {sic} of deceased in said C[ounty and]
the remaining portion of said property is at the _______
of said deceased in said County.
He therefore prays your Honor to grant an ord[er au-]
thorizing him to sell said property mentioned in [the]
Inventory including said warrant aforesaid in m__________
and form as the Law dictates {?} for cash. Your [petitioner]
asks your Honor to make an order directing hi[m to]
sekk household & kitchen furniture at the resid[ence of your]
petitioner and said Unity Beason and that [the]
balance of said property be sold at the ________
of deceased in this county. Your petitioner f[arther]
prays that in as much as said property is of
perishable nature and liable to waste, that
_________________________________________
----------------------------------------------------------------------------------------
189 189
in duty {?} bound he will ever pray. Subscribed and sworn
to before me
This 22nd day of Sept 1868 ) W. Langford
)
Judge of Probate)
David Brown Deceased Estate of )Probate Court for St Clair County State of Ala
Order on Report of Sale of Personalty )Regular Term Oct 12" 1868
This Day came Washington Langford the Administrator of said Estate and present[ed]
his report of the sale of the personal property of said Estate as made by him
under an order of this court, on the 3" day of Oct 1868 under and {in} pursuance
of the order of sale, and which was ordered to be sold as perishable and wast[-]
ing, including a U S Land Warrant No 10045, for one hundred and twenty acr[-]
es of Land issued to Said Deceased in his lifetime Viz on the first day of Augt
1855, and it appearing to the satisfaction of the court, that said administrator
gave ten days notice, of the time place and terms, of sale, together with
a description of the property, by posting written notices at the Court House door
and three other public places in said county next {sic} before said day of sale
and having otherwise complied with the Law in such case and it further
appearing that said sale was in all things, fairly conducted & cluded {?}
It is therefore ordered adjudged & decreed by the court that said
sale be and the same is hereby in all things satisfied and approved, and
ordered to be recorded for furter {sic} referance {sic}. It is further ordered,that said
Administrator as the Legal representative of said deceased, transfere [sic]
and assign said Land Warrant agreeable to the Law in such cases
made and provided.
Thomas A. Ramsey
Judge
To the honourable Thomas A Ramsey Judge of the Court of Probate
in and for St Clair County Alabama. The undersigned administr[-]
ator of the Estate of David Brown Decd, late of said County, most respect[-]
fully represents unto your Honor that on the 3" day of Oct 1868, under and
in pursuance of an order of said Court granted and entered on the
22" day of September 1868 he proceeded and sold the perishable and was[-]
ting property of said Esate at public outcry to the highest bidder for
cash viz. Articles Sold Names of Purchises [sic] Amount
One U S Land Warrant issued to Said David Brown deceased August 1855
No 10045 for 120 land $65.25
one Bull cow & calf Samuel A Wyatt 13.50
" Bided[?] " " " " " " 13.75
" Mula[?] " " " Thomas C Jones 13.00
one " " yearling John Lee 20.00
" Spotted Heifer Unity Beason __.75
" ___ Bided " James M Woolley 7.25
" Bull yearling Washington Langford 5.00
" " " James M Woolly [sic] 3.00
" Yoke Oxen Unity Beason $46.70
" Spotted Hog Samuel A Wyatt 8.25
" Sandy " " Unity Beason 9.00
" Sow & pig _______ Langford 5.00
" Spotted Sow Unity Beason 3.25
----------------------------------------------------------------------------
190
3 Shoats first choice Samuel A Wyatt $ _______
3 " 2" " " " " " 4____
4 " 3 " Unity Beason " 4____
4 " 4 " " " " 4____
4 " 5 " Calvin Brown " 4____
1 horse Saddle & bridle Washington Langford $ 65____
one two hand [?] waggon James M Wooley " 36____
one old " shed [?] & irons Washington Langford " 10____
" Lot of Shief[?] oats at two dollars per hundred Marion Beason " 1_____
" " " " " " 1 35/100 per " J.W._____ " 4_____
6 Hundred Bundles Fodder[?] 65 " " " " " " 5_____
1 Lot " balance 60 per Hun " " " " 2_____
25 bbs corn at 35 cents per Bushel Samuel Jones[?] " 8_____
" " " " 41 " " " " A Wyatt "1______
10 "half " " " " " " " " " " 4_____
1 Log [?] Chain H.T. Jones " ______
1 Steel _______ Bushnell [?] Melenden [?] " ______
1 Lot Smith Tools William H James [Jones?] " 2_____
one dutch [?] Han [?] W Langford _______
" drawing knife Samuel Jones _______
" pr [?] ___ ___ Archibald Walker _______
one lot old irons Wash Langford _______
" " " " & iron wedge William Melenden [?] _______
" " " plows[?] " " " Unity Beason _______
" " " " " " " Wash Langford _______
" " " Hammers " co [?] Samuel Jones _______
" " " braces " " J W Inzer _______
" hat[?] rack Arch Walker _______
" lot Sundries " " _______
" " harness & ____ Wash Langford _______
" Cupbord [sic] " " _______
2 Planes William Melenden _______
1 Bed Stead Wash Langford _______
1 Wash Pot Cal Brown _______
1 oven [?] & Lead [?] J M Wooley _______
3 old Skillets S A Wyatt _______
1 Barrel Samuel Jones _______
1 Jar James Lankford [sic] _______
1 Grind Stone __ P Stewart _______
1 old Loom Samuel A Wyatt _______
1 Pitch Fork " " " _______
1 Grind Stone F[?} B Stewart _______
1 old Loom Samuel A Wyatt _______
1 Pitch Fork " " " _______
1 Wheat [?] __ine " " " _______
1 half Bushel Wash Langford _______
1 Jar Cal Brown _______
1 Sythe [sic] & cradle Samuel A Wyatt _______
1 " " " " Jones _______
13 bbs Wheat at $1 per bbl Wash Langford _______
1 Bed Stead & Bed Eliza " _______
1 " " " " " " _______
1 Table & Looking glass " " _______
---------------------------------------------------------------------------
191
1 Looking glass Louisa Langford 20 [cents]
1 gun Barrel Wash " $2.50
1 cross cut Saw " " 3.00
1 hand ax " " 75
1 Claw Hammer " "
4 Chains " " 1.00
1 Bed & cloths Unity Beason $11.50
1 " " " " " 12.50
1 " " " " " 15.25
1 chest " " 2.50
1 looking glass " " 1.00
1 Lot of andirons " " 1.00
4 chairs " " 1.50
1 Lot cooking wire [sic] " " 2.00
125 bushels _____ ing __ ___ Sanders & others $70.00
_______
$601.22
The State of Alabama) Before me Thomas A Ramsey Judge of the
ST Clair County ) Probate Court in and for said County and State
personally came Washington Langford the admr of the Estate of David
Brown Decd, who being duly Sworn says on oath, that the above and fore
going contains a true and perfect report, of the sale of the property, be
longing to the Estate of David Decd [sic], as made by him on the 3" day of Oct
1868 under an order of the probate Court of Said County granted on
22" September 1868, Subscribed & sworn to before me )
This 12" Day of Oct 1868, Thos A Ramsey, Judge of Probate) W Langford
To be continued
