Probate of DRURY MCPHERSON 1871


Submitted by Mary McPherson



Ref: Letters of Administration, Record A, Page 6:
State of Alabama, Blount County;
In Probate Court Feb Term Feb 21st 1871, Present the Hos. J. W. MOORE, Judge on the matter of the estate of DRURY MCPHERSON, deceased, and now on this day comes JAMES A. MCPHERSON and presents to the courh his petition in writing and under oath praying that letters of administration on the estate of DRURY MCPHERSON, decd, issue to him, when petition is examined by the court and ordered to be filed and recorded and it appearing to the court from the allegations continued an said petition and from other good and sufficient evidence, that the said DRURY MCPHERSON departed this life at his residence in this county on or about the 22nd day of Sept 1863. being at the time of his death an inhabitant of this county that he died deaving assets in this county, which assets real and personal are estimated to be worth about one hundred and fifty dollars, but leaving no will testiment or other writings relating to the disposal or distribution of his estate, and that the death of deceadent was known more than forty days before this day, and it further appearing to the satisfaction is a son of said decesed, is over twenty-one years of age and inhabitant of this State and a fit person under the law and in the estimation of this court to serve as administrator and no person having appeared to oppose the granting of letters of administration, to the said JAMES A. MCPHERSON or to show cause why the said petition should not be granted it is ordered that the same be granted provided that the said JAMES A. MCPHERSON, first file in this court his bond in the formal sum of three hundred dollars, conditioned and payable according to the Statute in such case made and provided with such security or securities as may be appropriate by the court. It is further ordered that the said petition be recorded. And now, again, comes JAMES A. MCPHERSON and presents to the court for approval his bond as by the court heretofore required. Wit: JOSEPH ALLRED and WILLIAM WHALEY as his securities thereon in this court being now sufficiently advised concerning said bond and said security. It is ordered, adjudged and devised by the court that said bond be taken approved and recorded, It is therefore ordered adjudged and decred by the court that letters of administration on the estate of said deceased be granted to the said JAMES A. MCPHERSON and that he be and hereby is authorized to administer said estate.
J. W. MOORE, Judge.

Page 524: Real Estate Sale, Recorded Book A, page 344;
Viz: On S 1/2 of SW 1/4 and NW 1/4 of SW 1/4 Sec. 16 T. W. R 2 East alleging that said land cannot be equally divided among the heirs and distributes of said estate without a sale thereof, and said petitioner further represents that the namees, ages, residence and conditions of the heirs and distributees of said deceased are as follows to wit:
JOEL P. MCPHERSON, ALEXANDER P. MCPHERSON, NANCY PRUIT, SARAH A. RATLIFF, BARTHOLEMEW, MARTHA AND JAMES A. MCPHERSON and the court having commenced siad petition it is orderted that the same be filed, and that the 3rd day of April 1871 be set to the day for hearing said petition, and that citation be issued and duly served, at least ten days before the day above set for hearing, on the said NANCY, SARAH A., BARTHOLEMEW, adult heirs residing in this state and upon DAVID PRUIT husband of said NANCY and upon ELIJAH RATLIFF husband of the said SARAH A. citing them to be and appear before this court on the day above set for hearing to show cause if any why the prayer of said petitioner should not be granted, and it is further ordered that a the said JOEL P. and ALEXANDER P. MCPHERSON heirs and distributees residing out of this state notice of this application and of the day afore set for hearing be given by publication for six weeks in the Gadsden Times, a newspaper published in Etowah County of a notice to them directed for them to be and appear before this court on the 3rd day of April 1871.
Signed: J. W. MOORE, Probate Judge.

Page 551; DRURY MCPHERSON deceased, Estate Application to Sell Land: 3rd April 1871, continuted to May Term.

Estate Record, Page 344: Page 585:
State of Alabama, Blount County;
In Probate Court May Term May 8, 1871. Present Hon. J. MOORE, Judge; In the matter of the Estate of DRURY MCPHERSON, dec'd Order for the sale of Real Estate or Division. This being the day before set to hear and determine the petion of JAMES A. MCPHERSON, the administrator of the Estate of DRURY MCPHERSON, deceased, for and ordered sell to sell certain lands being ____________for the purposes of devising equitable division among the heirs and distributees. Said ____ ____not so ______does from one time of ____ ____ said application. Now comes on said petitin and Moves an court ____siad application be granted and appearing to the court that NANCY & DAVID PRUIT, SARAH A. & ELIJAH RATLIFF, NAOMI daughter of BARTHOLOMEW decd who was a son of the decedant, MARTHA and JAMES A. MCPHERSON, adult heirs and distributees residing in this state, have been duly notified of said application adn on day set for hearing of same by relations served on them not less than ten days before this day and that JOEL P. MCPHERSON and ALEXANDER P. MCPHERSON, heirs and distributees residing out of this state have been duly notified of this application and of the day set for hearing aforesaid by publication of notice on them directed for six successive weeks in the Gadsden Times, a newspaper published in Etawah County and thereby brought into court. And it appearing that said obligations contained in the said petition and price of and disposing of T. P. WILLIAMS and JOSEPH ALEXANDER interested witnessses taken upon investigation and submitted by on said petition which it petitions are ordered to be filed of record at the times mentioned in said petition of which the said deceased died seized and posssed which lands are devided, as follows, to wit;
The South half of the North West quarter and North West quarter of South West quarter of section in then Township Eleven of Range. Due West cannot be qually divided among said heirs and distributees, and that a sale outcry is therefore necessary for the purpose of making all equitable distribution among siad heirs and distributees it is therefore ordered, adjudged and decred by the court that said application granted and the said JAMES A. MCPHERSON is hereby ordered to sell the above divided presnece at on the day of 18th between the house of elven o'clock in the forenoon and four o'clock in the afternoon of said day to the highest bidder, after having first given notice of the day, place and times of said sale and advertized in publications of the fact for three secessive weeks by written notice at the court house door and other public places in said county and that the same be reported of said sale within sixty days after the sale is made. It is further ordered that said sale be made on the following times viz: (blank) And it is further ordered that said petition be recorded,
G. W. MOORE, Judge

McPHERSON, Filing Final Agreement Record A,
Final Settlement, page 289,
For Order Passing Acct. Sec Sept. Term 1872, page 26:
State of Alabama Blount County;
In Probate Court June Term, July 6th 1872;
present the honorable J. W. MOORE, Judge.
Estate of DRURY MCPHERSON, deceased
AND NOW on this day comes JAMES A. MCPHERSON admr. of the Estate of DRURY MCPHERSON deceased, and presents to the court his account and vouchers for a final settlement of his administration and therewith also, present under oath, a statment of the names, ages, residence and conditions of the heirs and distributees of said deceased in for as required by law. It is thereup ordered by the court that said account vouchers, evidence and statement be palced on file for inspection of all concerned and that the 29th day of July 1872, set for examiniation and auditing said account, and that Notice of the filing of said account and vouchers, and of the day above set for hearing the same be given for three successive weeks. By Posting written notice at the Court House Door and three other public places in said county notifying all persons interested in said settlement to be and appear before this court on the 29th day of July 1872, to show cause, if any why said account should not be allowed. And it further appearing that NAOMI MCPHERSON interested in said settlement is a minor, it is ordered that REUBEN ELLIS be appointed guardian adliteum to represent and defend the interest of the said minor in all matters pertianing to this settlement, and that said ELLIS have notice os his said appointment and of the day set for hearing the same,
G. W. Moore, Judge.

Letters of Administration, Record A. 6A top:
State of Alabama, Blount County;
In Probate Court February Term February 21st 1871 the Hon. G. W. MOORE, Judge,
In the matter of the estate of DRURY MCPHERSON deceased. And now, on this day comes JAMES A. MCPHERSON and presents to the court his petition in writting, and under oath praying that letters of Administration on the Estate of DRURY MCPHERSON deceased, issue to him with petition is examined by the court and ordered to be filed and recorded; and it appearing to the court from the allegations contained in said petition, and from other good and sufficient evidence, that the said DRURY MCPHERSON departed this life at his residence in this county on or about 22nd day of September 1865, being at the time of his death an inhabitant of this county; that he died leaving assets in this county which assets, both real and personal, are estimated to be worth about one hundred and fifty dollars, but leaving no will, testament or other writing, relating to the disposal or distribution of his estate, and that the death of the said decedent was known more than forty days before this day. And now also, of the said intestate, having relinquished right under the statute to administer said estate; and it further appearing to the satisfaction of the court that JAMES A. MCPHERSON the said petitioner is the son of said deceased, is over twenty-one years of age, an inhabitant of this state, and a fit person, under the law and in the estimation of the court, to serve as administrator, and no person having appeared to oppose the granting of letters of administration to the said JAMES A. MCPHERSON or to show cause why the prayer of said petitioner should not be granted, it is ordered that the same be granted, provided, that the said JAMES A. MCPHERSON first file in this court his bond in the penal sum of Three Hundred dollars, conditioned and payable according to the statute in such cases made and provided, with such security or securties as may be approved by the Court. IT is further ordered that the said petition be recorded.
And now comes JAMES A. MCPHERSON and presents to the court for approval his bond in form as by this court heretofore required with JOSEPH ALLRED and WILLIAM WHALEY as securities thereon, and the Court being now sufficiently adivsed concerning said bond and said security, it is ordered and adjudged by the Court that the said bond be taken, approved and recorded.
It is therefore ordered, adjudged and decreed by the Court that letters of administration on the estate of said deceased be granted to the said JAMES A. MCPHERSON and that he be and hereby is authorized to administer said estate.
IT is further ordered that the said proceed immediately to collect and take into possession the goods and chattels, money, books, papers, and evidences of debt of the said deceased, except the personal property by law reserved to the Widow ____________, and make due return, under oath, to this court of a full inventory thereof, within sixty days. It is further ordered that and be and they hereby are appointed appraisers of the personal property of said estate, and that a warrant of appraisement be issued to them, notifying them of their appointment, and that they make due return to this Court, under oath of their proceedings within sixty days.
G. W. MOORE, Judge Probate Court Ordinary County.

Petition For Letters of Administration:
In the Matter of the Estate of DRURY MCPHERSON Deceased.
The State of Alabama, Blount County, Probate Court,
To the Hon. G. W. MOORE, Judge, Probate Court, Blount County:
The petition of the undersigned JAMES A. MCPHERSON respectfully represents that DRURY MCPHERSON departed this life at his residence in this county on or about the 22nd day of September 1863, leaving no last will and testament, so far as your petitioner knows or believes, and that his death was known more than forth days before this day; and this petition further shows taht the said DRURY MCPHERSON was, at the time of his death an inhabitant of this county and died siezed and possessed of real and personal estate in this county consisting chiefly of all of said real and personal estate being estimated to be worth about one hundred fifty dollars, and probably not more; that the names, residence, ages and condition of the heirs and distributees of the estate of the said decedent, so far as your petitioner knows and believes, are as follwos, to wit: JOEL P. MCPHERSON, ALEX. P. MCPHERSON, NANCY MCPHERSON intermarried with DAVID PRUIT, SARAH A. MCPHERSON intermarried with ELIJAH RATLIFF, BARTHOLOMEW MCPHERSON, MARTHA MCPHERSON and JAMES A. MCPHERSON. ADMINISTRATION BOND; The State of Alabama, Blount County, Know all MEn by these Presents, that we, JAMES A. MCPHERSON, JOSEPH ALLRED and WILLIAM WHALEY all of the county and state of aforesaid, are held and firmly bound unto J. W. Moore, Judge of the Court of PRobate for said county, and his successors in office, int he penal sum of Three Hundred Dollars for which payment well and truly to be made and done, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this Twenty first day of February 1871. The condition of the above obligation is such, that whereas the above bound JAMES A. MCPHERSON has been appointed administrator of the estate of DRURY MCPHERSON now if the said JAMES A. MCPHERSON 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 reamin in full force, signed JAMES A. MCPHERSON, JOSEPH ALLRED, WILLIAM WHALEY, Taken, approved and ordered to be recorded this 21st day of February 1871,
signed J. W. Moore, Judge
Probate Court, Blount County, The State of Alabama, Probate Court.

ADMINISTRATOR'S LETTERS;
The State of Alabama, Blount County, Court of Probate.
Letters of Administration on the estate of DRURY MCPHERSON deceased, are hereby granted to JAMES A. MCPHERSON who has duly qualified and given bond as such, and is authorized to administer said estate. Dated this 21st day of February 1871,
J. W. Moore, Judge of Probate, Blount.

Petition to Sell Real Estate:
Your petitioner further states that the names, ages, residences and condition of heirs and distributees of said estate are as follows, to wit: JOEL P. MCPHERSON and ALEXANDER P. MCPHERSON over 21 years old and reside in state of GEORGIA. NANCY & DAVID PRUITT, SARAH A. & ELIJAH RATLIFF, NAOMI daughter of BARTHOLEMEW, deceased, who was a son of said DRURY, under 14 years old, MARTHA & JAMES A. MCPHERSON, son and daughter of over 21 years old reside in Blount County, Alabama. He further alleges that the said lands can not be equitably divided among said heirs and distrubutees without a sale thereof, and therefore, pry that for the purpose of making such division your Honor will grant an order directing your petitioner to sell the lands hereinbefore described, and will make such further orders herein as may be by law required, and to your honorable Court may seem meet.
Signed: JAMES A. MCPHERSON, Administrator.

Final Settlement Record:
And it appearing that the said Administrator has received of cash assets, the sum of $135.20 and that he has justly expended the sum of one hundred and thiry six and 88/100 dollars sum justly expended by him as shown by said account, vouchers and additional proof made by said administrator and it further appearing to the court that said DRURY MCPHERSON left as his heirs and distributees the following persons, to wit:
JOEL P. MCPHERSON aged 21 years, residing in GEORGIA
ALEX. P. MCPHERSON aged 21 years, residing in GEORGIA
NANCY F. PREWITT aged 21 years, residing in ALABAMA
SARAH A. RATLIFF aged 21 years, residing in ALABAMA
NAOMI MCPHERSON aged 11 years, residing in ALABAMA
MARTHA C. MCPHERSON 21 years, residing in ALABAMA
JAMES A. MCPHERSON age 21 years, residing in ALABAMA;
and that, therefore, each heir is entitled to the sum of nothing on this settlement as their distributive share of the sum of _____dollars found to be due as above stated, it is therefore, ordered and decreed by the court that the said ____of the __ of said deceased the sum of _____ of dollars ____distributive share of said estate.
And the said JAMES A. MCPHERSON having now filed in this court his written resignation. It is ordered and decread that he be and he hereby is relieved of all further duties as administrator of said estate.

Record of Account Referred to in the Foregoing Order,
The State of Alabama, Blount County, Probate Court;
To the Hon. J. W. MOORE, Judge Probate Court, Blount County;
The Undersigned JAMES A. MCPHERSON, administrator, of the estate of DRURY MCPHERSON deceased, would respectfully submit to the Court the following report of his acts and doings as such Administrator from Feb 21, 1871 to July 6th 1872, He charges himself as follow, to wit: Date: 27 May 1871
Proceeds of Sale of Land: $125.00
Interest on Same to July 6th 1872 $10.20
Note on ELIJAH RATLIFF in 1865 $40.00
Account on ELIJAH RATLIFF in 1870 $9.00
Account on JAMES A. MCPHERSON $83.00
Account on NANCY PREWITT $23.50
Account on BARTHOLOMEW MCPHERSON $100.00
Date: For What Paid Out, No. of Vouchers Amount
1871 June 21 By amount paid J. W. MOORE 1 $7.50
1872 July 6 By amount paid R. B. MONTGOMERY 2 $18.55
Jul 27 By Amount paid J. B. TURNER 3 $31.00
July 27 By amount paid J. W. MOORE 4 $28.55
July 27 By amount paid Gadsden Times 5 $13.00
July 27 By amount paid WM. McHANN 6 $ 3.75
July 27 By amount paid DAVID PRUITT 7 $ 6.50
July 27 by amount paid A. T. HOUSE 8 $12.50
July 27 by amt Paid Adminissions 14.53
Total amount paid out $136.88,
sigend JAMES A. MCPHERSON.

Ref: Ret, Page 523, Probate Court Records, Blount County, Alabama, also page 524, Named the children, all except REBECCA.