Pg 106, 107 – Probate Court Minutes M-1 – Fayette County, Alabama

The State of Alabama Fayette County, Probate Court, Special Term 24th September 1852, the following proceedings were had to wit:

Spias Hams Estate

) in final settlement 24th Sept 1852, with

) William Ham Admin:

Be it remembered that on this the 24th day of September 1852, before the Probate Court of Fayette County, came William Ham Administrator of all and singular the goods and chattles rights and credits of Spias Ham late of said County deceased, and prays that his accounts, as said Administrator, as stated, and reported for allowance, at this present term of the court be allowed. And it appearing to the satisfaction of the court that a notice of the intention of the said William Ham Administrator as aforesaid, to have his said account, as stated, and presented to said court for allowance, at a special term of this court to wit; on the 5th day of May 1852. (which settlement was continued until this present term of the court) was advertised in the Tuskaloosa Observer a newspaper printed in the City of Tuskaloosa forty days previous to the 5th day of May 1852, from which term of the court, said settlement was continued until this present term of this court, and the court proceeding to a consideration of said account, reported and presented to this present term of the court for allowance; and no exceptions being made to the same or any part thereof: and it appearing that by said account stated & presented as aforesaid that the said William Ham Administrator as aforesaid is chargable with the sum of thirteen hundred & sixty eight dollars and seventy five cents, and entitled to credits to the amount of three hundred and sixty five dollars, and forty two cents, leaving a balance against the said William Ham Administrator as aforesaid of one thousand and three dollars and thirty three cents.

It is therefore ordered and decreed that the said account of the said William Ham Administrator as aforesaid, be allowed, as stated, as aforesaid. It is further ordered and decreed, that the said account of the said William Ham Administrator as aforesaid, as stated, be filed & recorded. And I further appearing to the satisfaction of the court that John Ham one of the distributees of said estate has in the lifetime of said deceased, received an advancement of one hundred dollars, and also is indebted to said deceased, other moneys which he ought in justice to the other heirs account for, to said estate, and failing to account for said money, as he should in justice do; and also failing to bring his advancement into (???) as required by law, and justice. It is therefore ordered and adjudged that the said John Ham shall not receive any of the benefits of said Estate in said final settlement. It is further ordered and decreed that the said William Ham Administrator as aforesaid proceed to make distribution of the said sum of one thousand and three....

Spias Ham’s Estate

) in final settlement continued with

)Wm Ham Admin. 24th Sept 1852.

To William Ham one of the heirs of said Estate the sum of one hundred & sixty seven dollars & twenty two cents, his distributive share of said Estate; and which sum he is entitled to retain in his own hands as Admin. of said Estate.

To Henry Ham one of the heirs of said Estate the sum of one hundred and sixty seven dollars and twenty two cents, which is hereby assessed and decreed as his distributive share is hereby assessed and decreed as his distributive share of said Estate, and which the said William Ham Administrator as aforesaid is decreed to pay over to him, the said Henry Ham and for which execution may issue.

To Spias Ham one of the heirs of said Estate the sum of one hundred and sixty seven dollars and twenty two cents, which is hereby assessed and decreed as his distributive share of said Estate, and which the said William Ham Administrator aforesaid is decreed pay over to him the said Spias Ham, and for which execution may issue.

To Bright R Ham one of the heirs of said Estate the sum of one hundred and sixty seven dollars and twenty two cents, which is hereby assessed and decreed as his distributive share of said estate and which the said William Ham Administrator as aforesaid is decreed to pay over to him the said Bright R Ham and for which execution may issue.

To Nancy Thompson one of the heirs of said Estate the sum of one hundred and sixty seven dollars & twenty two cents which is hereby assessed and decreed as her distributive share of said Estate, and which to said William Ham Administrator as aforesaid is decreed to pay over to her the said Nancy Thompson, and for which execution may issue.

To Charity Thompson one of the heirs of said Estate the sum of one hundred and sixty seven dollars and twenty two cents which is hereby assessed and decreed as her distributive share of said Estate, and which the said William Ham Administrator as aforesaid is decreed to pay over to her the said Charity Thompson, and for which execution may issue.

It is further ordered and decreed that the said William Ham Administrator as aforesaid pay over to John C. Moore Judge of the Probate Court the sum of twenty six dollars as fee, in settling up said estate and for which.....

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p. 97 – Probate Court Minutes M-1 – Fayette County, Alabama

The State of Alabama Fayette County Probate Court Special term 8th September 1852.

Spias Ham’s Estate

) Decree for titles to real estate on Ret of sale

) of the same. 8th Sept. 1852.

Be it remembered that on this the 8th day of September 1852, before the Probate Court of Fayette County, Personally came William Ham Administrator of all and singular the goods and chattle rights and credits of Spias Ham late of said county deceased, who at previous (to with on the 4th day of November 1844) obtained an order to sell the real estate of Spias Ham, for the purpose of making an equal division among the heirs of said Estate, which real estate was known as the south east fourth of the south west fourth of section eighteen, township fourteen, range twelve west, lying and being in said County of Fayette, and files his report and return of sale, sworn to as the law directs, whereby it appears, that in pursuance of the order of this court, the said Administrator after having given over notice as required by law, proceeded to sell on the 28th day of December 1844 the said parcel of land before described at public auction, at which sale Bright R Ham became the purchaser thereof at the price and sum of forty seven dollars, he being the highest bidder thereof, on a credit of.....

Spias Ham’s Estate

) Decree for Admin to make titles to real estate

) continued.

Bright R. Ham, it is therefore ordered and decreed thate said sale as this day returned by the said William Ham Admin. as aforesaid be notifyed and the report therein be confirmed, and ordered to be filed & recorded.

It is further ordered and decreed that the said William Ham Administrator as aforesaid proceed to convey to the said Bright R Ham all and singular the right title and estate of the said Spias Ham in and to the south east fourth of the south west fourth of section eighteen township fourteen, range twelve west, at the time of his death, to the said Bright R Ham his heirs and assigns.

And then the court adjourned.

Attest C. Moore Judge of Probate Court