Transcribed
and submitted by Wilda Murphy, ggg-granddaughter
of Wilson Murphy
|
Sequence of Events:
Butler County, Alabama Estate Book 16, Page 213 Estate of Wilson Murphy, Dec?d. Petition to sell Personal and Perishable Property
The State of Alabama, Butler County
To the Honorable J. L. Powell, Judge of Probate for said County: The undersigned as sheriff of Butler County and Ex officio admr of the Estate of Wilson Murphy deceased duly appointed by this Honorable Court would respectfully represent unto your Honor: That Decedent died intestate and was seized and possessed at the time of his death of considerable personal property all of a perishable nature to wit: about 447# fodder, 25 bu corn, cattle, gear, wagons, farming utensils, Household & Kitchen furniture, gun, pistol, trunk & chest, That said property is all liable to waste or be destroyed and that there is no responsible person on the late premises of said decedent in whose care said property can be safely entrusted, the premises considered, your administrator respectfully prays your Honor to make and grant an order authorizing him as such administrator to sell said personal and perishable property on the premises of said decedent for cash, and that your Honor will make and grant such other and further orders and decrees in the premises as to your Honor shall seem meet and proper and by the law is (sic) such cases shall be required, and as in duty bound he will ever pray &c, John F Barganier Sheriff & Ex officio Admr Sworn to and subscribed before me this the 22 day of October A. D. 1879 (sic; should be 1878? Inventory on next page is dated 20 Nov 1878 and sale of lands took place in January 1879.)
J. L. Powell J. F. Barganier Judge of Probate
Page 214 Estate of Wilson Murphy Dec'd. Inventory and Appraisement
The State of Alabama, Butler County
The following contains a full, true and perfait (sic) appraisement of all and singular the goods and chattels, right and credits, choses in action, money and personal property and Real Estate belonging to the Estate of Wilson Murphy dec'd so far as shown or exhibited to us by John F Barganier Sheriff & ex officio Special Adminstrator of said estate to wit:
Realty:
Personality(sic):
Sworn to and subscribed before me this J. T. Carter 20th day of November 1878. H. A. Clark J. F. Barganier, Jas. R. Smith Shff.
Butler County, Alabama Estate Book 16, Page 215 Estate of Wilson Murphy, Dec'd. Report of sale of Personal property.
The State of Alabama, Butler County. In the Matter of the Estate of Wilson Murphy Dec'd, to the Honorable J. L. Powell, judge of the Court of Probate for said County, The undersigned is administrator of the Estate of Wilson Murphy late of said County Deceased Respectfully returns the following as a full and perfaet (sic) sale Bill of the personal property belonging to said Estate sold by him on the 1st day of October 1878 for cash to wit:
All of which is respectfully submitted, John F. Barganier, Shff & admr The State of Alabama, Butler County. Before me J. L. Powell, Judge of the Court of Probate in and for the said County, personally came John F. Barganier Sheriff & Ex officio admr of the Estate of Wilson Murphy Dec'd. who being by me duly and legally sworn on oath says the foregoing account of the sale of the Personal property of said Estate is correct as therein listed. J. F. Barganier Sworn to and subscribed before me Jany 25/79. J. L. Powell Judge of Probate.
Page 217 Estate of Wilson Murphy Dec'd. Report of Sale of Lands.
The State of Alabama, Butler County. In the matter of the Estate of Wilson Murphy Deceased. To the Honorable J. L. Powell Judge of the Court of Probate for said County:
The undersigned admr. of the estate of Wilson Murphy late of said County deceased, would most respectfully report unto your Honor, that under and in pursuance of an order from the Honorable the Probate Court of Butler County Alabama authorizing and empowering the undersigned as sheriff and ex. off. admr of the Estate of Wilson Murphy dec'd to sell the lands belonging to said Estate after advertising the time place and terms of sale together with a description of the property for three consecutive weeks next before the sale in the Greenville Advocate a newspaper published in Greenville Ala, proceeded on January 22nd 1879 to sell to the highest bidder before the Court House Door in Greenville Alabama within the legal Hours of sale the lands belonging to said Estate, for one half the purchase in cash and one half on a credit until the 1st day of November 1879 with interest from date at which said sale the following described lands were knocked off and sold to the following persons at the following prices they being the highest and best bidder therefor (sic), to wit: (notes in parentheses are from Wilda Murphy)
Said administrator would further report unto your Honor
that said sale was in all things legally and fairly conducted and that said
lands sold for prices not greatly disproportionate to its real value and that
said purchaser W. W. Wilkinson has fully complied with the terms of
said sale by paying one half the purchase money in cash and by giving his
note with <left blank> as his
securities therein for the other half and he would further report unto your
Honor that the purchaser Agustus (sic) Murphy
has failed to comply with the terms of said sale. The premises
considered he would most respectfully pray your Honor to make and grant an
order Ratifying and Confirming said sale to W. W. Wilkinson in all things and
that the sale to Agustus (sic) Murphy be set aside
and that said lands so sold to Agustus (sic) Murphy
be decreed to be Resold (actually
those 40 acres were included in the Butler Springs Place) and that
this his report of the same be received recorded & filed. All of which is respectfully submitted, John F Barganier, Shff & Ex off admr
The State of Alabama, Butler County. Before me J. L. Powell Judge of the Court of Probate for said county personally came John F. Barganier who being sworn on oath says the facts and statements contained in the foregoing report of the sale of the lands of Wilson Murphy Estate is correct as therein stated. Sworn to and subscribed before me Jany 25th 1879 J. F. Barganier J. L. Powell, Judge of Probate
Page 219 Estate of Wilson Murphy Dec'd. Objections to report of sale of Lands (no date).
In the matter of the report of lands of Wilson Murphy dec'd by J. F. Barganier admr of the Estate of the said Wilson Murphy. This being the day set for the hearing of the report of said sale now comes John Murphy Augustus Murphy Nancy T. Cheatham wife of P. H. Cheatham by their Attorney P. Q. Harper and Florence Harris wife of Peter Harris and Sarah Watts wife of William Watts by their attorney Posey & Crenshaw. The said John Murphy Augustus Murphy Nancy T. Cheatham Florence Harris and Sarah Watts being heirs and distributees of the Estate of Wilson Murphy and object to the confirmation of the reports of sale of said Lands on the grounds that said lands were sold at prices greatly less than their real value.
P. Q. Harper Atty for Augustus Murphy John Murphy & Nancy T. Cheatham.
Page 219 Estate of Wilson Murphy Dec'd. Petition for order to sell Lands for Distribution.
The State of Alabama, Butler County. To the Hon J. L. Powell Judge of Probate for said county. The undersigned Administrator of the Estate of Wilson Murphy Late of said County Deceased respectfully alleges that his intestate died seized and possessed of the following real Estate in said County to wit: (these legal descriptions bear little resemblance to the actual descriptions of the property that was sold as part of the estate)
SW ¼ of SW ¼, E ½ of SW ¼ & SE ¼ of SE ¼ of Section 16 in Township 10 of Range 12 (this parcel is not mentioned in Report of Sale of Lands or Corrected Description), also E ½ of Sec. one in Township 10 (note: 9 was written in above the 10) of range 12 (note: SW was written in above and to the right of 12), E ½ of SW ¼ of Section 6 in Township 9 of Range 13 (this parcel overlays part of Jule Murphy place in T9R12 and T9R13, but description is not correct), also SW ¼ of SW ¼ of Section 15 in Township 9 Range 13, S ½ of Section 21 in Township 9 of Range 13, S ½ of Section 22 in Township 9 Range 13, NW ¼ & W ½ of SW ¼ of Section 23 in Township 9 Range 13, NW ¼ of NW ¼ of Section 27 in Township 9 Range 13 (no parcels in T9 R13 are mentioned again in estate papers except the Jule Murphy Place in the Amendment to Petition to Sell Lands), NW ¼ & N ½ of NE ¼ & SW ¼ of SE ¼ of Sect 28 in Township 10 Range 13 (this is in the section SW of the Buckalew tract, but is not mentioned again in the estate papers),
One Hundred & nineteen acres in Section 33 in Township 10 Range 12 (this is area of Butler Springs place), NE ¼ of SW ¼ & NW ¼ of SE ¼ & SW ¼ of SE ¼ SE ¼ of SW ¼ of Section 22 Township 10 Range 12 (this overlays part of the Harris Place, but description is not correct) , N ½ of NE ¼ of Section 27 in Township 10 Range 13 (80 acres of the Buckalew tract) and the S ½ of Section 33 in Township 11 of Range 14 (this describes the Verdery tract in the inventory) and SW ¼ of SW ¼ twenty acres on South side of NE ¼ of SW ¼ & S ½ of SW ¼ of SE ¼ all in Section 2 Township 9 Range 12 & NE ¼ Sect 11 Township 9 Range 12 & E ½ of SW ¼ of Sect 11, Township 9 Range 12 (this overlays part of the Middlebrooks place but description vastly different from that given later),
He further alleges that the following named persons and they alone are the Heirs and Distributees of said Estate to wit: John Murphy Augustus Murphy and Nancy T Cheatham wife of Peter H. Cheatham all over the age of twenty one years and resides (sic) in Butler County Alabama Sally Watts wife of William Watts over the age of twenty years and resides in Wilcox County Ala. Florence L Harris wife of Pete Harris over twenty one years of age and <resides in> Trast (actually Troup) County, Georgia Heirs of Julius Murphy deceased to wit: Susan Coleman wife of John Coleman over twenty one years of age, Elizabeth Murphy over twenty one years of age, John W. Murphy over twenty one years of age Augustus Murphy over 14 years of age and has no Guardian Anderson Murphy over 14 years of age and has no Guardian and all reside in Butler County, Alabama and Florence L (S?) Burkett wife Thos Burkett over 21 years of age and resides in Choctaw County, Ala, also the heirs of Wilson Murphy dec'd William Murphy & Lola (sic, actually Iola) Murphy over 14 years of age and resides in Butler County Ala , and have no Guardian
He further alleges that said described lands cannot be fairly and Equally divided among the heirs of said Estate without a sale thereof, and that a sale is necessary for the division of said land among said Heirs. He Therefore asks your Honor to grant and make an order in pursuance law (sic) authorizing and empowering him to sell said lands for said purpose.
All of which is respectfully submitted J. F. Barganier, Administrator.
The State of Alabama - Butler County. Before the undersigned came John F Barganier Administrator &c who being sworn on oath says that the allegations in the foregoing petition contained are correct to the best of his knowledge and belief. Sworn to & subscribed before me November 7th 1878. J. F. Barganier J. L. Powell Judge of Probate
Page 220 Amendment to Petition. The State of Alabama - Butler County To the Hon J. L. Powell Judge of Probate for said County
Your petitioner respectfully prays your Honor for leave to amend his petition now on file in this court as the administrator of the Estate of Wilson Murphy dec'd for the purpose of division of the lands amongst the heirs of said decedent so as to correct the description of said lands as contained in said petition and so as to conform the description of the said lands to the proof to wit: Instead of the description as now incerted (sic) in said petition incert (sic) the following, viz:
SE ¼ of SW ¼ , S ½ of NE ¼ of SW ¼ , E ½ of SW ¼ of SW ¼ Sec 2 & NW ¼ of NW ¼ of Sec 11 T9 R12 containing 120 acres more or less & known as the Middlebrooks Place
SE ¼ of Sec 1 T9 R12, SW ¼ of SW ¼ Sec 6 T9 R13 (land certif. #47865, deeded to Wilson Murphy 15 Sep 1855) containing 197 acres more or less and known as "Jule Murphy Place"
E ½ of SW ¼ & W ½ of SE ¼ Sec 22, N ½ of NE ¼ Sec 27 T10 R13 containing 240 acres more or less known as "Buckalew Place"
SW ¼ of SW ¼ Sec 15 T10 R12 containing 40 acres & known as the "Needham Perrit Place"
The SW ¼ & W ½ of SE ¼ Sec 21 (80 acres of John Murphy's 1835 land patent #16672), NW ¼ & N ½ of NE ¼ Sec 28 T10 R12 containing 480 acres more or less and known as the "Home Place"
The SW ¼ & SE ¼ of NW ¼ Sec 22, NW ¼ of NW ¼ Section 27 T10 R12 containing 240 acres & known as the "Harris Place"
The SW ¼ of SE ¼ Sec 28 (cash sale patent #36689 on this 40 acre tract was issued to Julius S Murphy on 3 May 1848), W ½ of NE ¼ Sec 33, except 12 acres on west side sold to Butler Springs, E ½ of NE ¼ Sec 33 except 30 acres on east side all in T10 R12 containing one hundred & fifty eight acres more or less and known as the "Butler Springs Place"
& as in duty bound &c Jno. F. Barganier, Shff & Ex off Admr
Sworn to and subscribed before me on this the 16th day of Sept 1879 J. L. Powell J. F. Barganier Judge of Probate.
Wilson Murphy's land:
As described in Inventory:
Pine Flat Place 480 acres Harris Place 240 acres Butler Springs Tract 156 acres Over Pine Barren Creek 40 acres Buckalew Tract 240 acres Verdery Tract 320 acres 1476 acres
As described in Report of Sale:
Old Murphy Place/ Peter Harris Place 740 acres Butler Springs Place 156 acres NE ¼ of NE ¼ of S33 40 acres (This is actually a part of the Butler Springs tract) Buckalew Place 240 acres Verdery Place 320 acres 1496 acres
As described in Corrected Description:
Home Place 480 acres Harris Place 240 acres Butler Springs Place 158 acres Needham Perrit Place 40 acres (This may be the "Over Pine Barren" tract) Buckalew Place 240 acres Middlebrooks Place 120 acres Jule Murphy Place 197 acres
1475 acres |
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2002-2013, Butler County ALGenWeb
Coordinator
Last
updated August 4, 2013