Probate Minutes Book #3 pp 686, 689, 690, 714, 715 Henry Ham Deceased Estate of The State of Alabama ) Probate Court Special Term Fayette County ) 5th day of October 1883. Present Hon Holland M. Bell Judge of said Court. Henry Ham Dec'd Estate ) Letters of Administration ) Bright A. Ham having filed his application in writing and under oath, praying to be appointed to the administration of said estate alleging in his said petition that he is the oldest male heir, residing within this state of said decedent, who was an inhabitant of this State and this county at the time of his death: that he departed this life in this county intestate more than forty days since, leaving property in this county of about the value of six hundred dollars and probably not more to the best of petitioners knowledge, information and belief: and also show in and by said petition, who are the heirs and next of kin of said deceased and their respective ages, sex condition and residence so far as known. And it being shown by evidence satisfactory to the court that the allegations of said petition and substantially true and the said Bright A. Ham having this day given bond in the sum of twelve hundred dollars with T.M. Reese and D.S. Harris as his sureties therein which bond with such securities therein has been duly taken and approved as good and sufficient by the Judge of this court: It is ordered adjudged and decreed that said Bright A. Ham be and he is hereby appointed to administer said estate and that the proper letters of administration do issue to him furtherwith. It is further ordered that an appraisement of said estate be made: that T.M. Reese, D. S. Harris and R.A.J. Dodson, be and they are hereby appointed and authorized to appraise said estate, and that they have due notice of this appointment. It is further ordered that said petition filed on 4 Oct 1883 together the Bond & letters be recorded and that said Admr pay the costs. Witness Holland M. Bell Judge of Probate Henry Ham Deceased Estate of. The State of Alabama ) Probate Court Special Term Fayette County ) 12 day of October 1883. Present Hon Holland M. Bell Judge of Probate for said Fayette County Henry Ham Dec'd Estate of This day came Bright A. Ham the administrator of the estate of said estate in due form and properly verified: It is ordered that the same be filed and recorded for future reference. Witness Holland M. Bell Judge of Probate Henry Ham Deceased, Estate of The State of Alabama ) Probate Court Special Fayette County ) Term 12 day of October 1883. Present Hon Holland M. Bell Judge of said Court Henry Ham Dec'd, Estate of ) For Sale of perishable or waisting property ) This day came Bright A. Ham administrator of said estate and filed his petition in writing under oath praying for an order to sell the following personal property - to wit - 26 head of hogs, 2 mules, 7 goats, 7 cows, 1 Buggy, 1 wagon & harness, 600 bundles of fodder - 175 bushels corn - 1/2 bushel measure, two saddles, Farming implements, 3 bee hives, 1 stove & fixtures - household & kitchen furniture consisting of 3 beds & bedsteads, 1 clock, 1 clothes press, pots, dishes, etc, 1 shotgun, upon the ground that the same is perishable or liable to waste; and the court having read said petition, and heard the proof adduced in support thereof, and being satisfied that said petition is fully sustained by the said evidence and that said property is perishable and liable to waste, and that it will be beneficial to the interest of said estate that the same should be sold and at as early a day as may be, in accordance with the prayer. It is therefore ordered adjudged and decreed that said property be put up and sold at the late residence of said decedent, in such lots and parcels as said administrator may think most advisable and at auction to the highest bidder. It is further ordered that said administrator shall first advertise such sale for three successive weeks by notices at the courthouse door and at three other public places in said county - giving the true terms and place of sale and a description of the property to be sold - It is further ordered that said administrator with all convenient speed and within thirty days from said sale, do make report under oath to this court of his account of such sales and how he has executed this decree - It is further ordered that said petition be recorded. Witness Holland M. Bell Judge of Probate. Henry Ham Deceased Estate of. The State of Alabama ) Probate Court Special Term Fayette County ) 12th day of October 1883. Present Hon Holland M. Bell Judge of said court. Henry Ham Deceased Estate of. Order setting day to hear petition to sell lands ) Bright A. Ham administrator of said estate having this day filed his application in writing and under oath, praying for an order and proceedings to sell certain real estate in said petition described of the property of said decedent at the time of his death, for division and upon the ground that the same cannot be equitably divided among the heirs and distributes of said estate without a sale; and it appearing from an inspection of said petition that the only heirs and devisees of said deceased are his wife, two children and eleven grand children to wit; the widow N.M. Ham, who is over 21 years of age and sound mind and resides in this county - B.A. Ham the petitioner and administrator who is over 21 years of age sound mind and resides in this county; Emily Ward wife of John Ward who is over twenty years of age and sound mind and resides in this county, and grand children to wit -: The heirs of Martha Ward dec'd who was daughter of dec'd, viz Etta Sims wife John Sims who is over 21 years of age and sound mind and resides in this county, John & L??? Ward who (cut off here) Henry Ham Deceased. Estate of The State of Alabama ) Probate Court Special Term Fayette County ) 24 day of November 1883 Present Hon Holland M. Bell Judge of said court Henry Ham Deceased Estate of ) Order for sale of lands ) This being the day appointed more than forty days since for hearing the application of bright A. Ham administrator in this court of said estate for an order to sell certain lands hereinafter described for the purpose of division on the ground that the same cannot be equitably divided among the heirs and legatees of said estate, And Therecy Reese, Emma D. Reese, Henry M. Reese, Martha A. Stewart wife of George Stewart - & husband who are now resident adult heirs having been duly brought into court by publication in a newspaper etc in all respects strictly according to the order of this court made and entered in the premises on the 12 day of October 1883; Now comes the said administrator and moves the court that said application be granted; and also comes John B. Sanford who is not of kin to said administrator nor in any way interested in the proceeding and who was heretofore duly appointed and has consented in writing to act as guardian ad litem to represent and protect the interests of John Ward Lancy Ward, Dena L. Reese, Lee Reese, E.C. Reese and Emmit Reese minors and the only minors interested, and as such guardian ad litem having filed his answers in writing denying the allegations contained in said application and the said Therecy Reece, Emma D. Reese, Henry M. Reese & Martha A. Stewart - & her husband George Stewart having been duly brought into court by publication in the Fayette Journal a newspaper published in said county according to the order of this court made and entered in the premises on the 12 day of October 1883 and that Etta Sims & her husband John Sims, Emily Ward & her husband John Ward, B. A. Ham & the widow Nancy M. Ham having had due notice of said application and the day appointed for hearing the same by citation served upon them as required by law and in accordance with the order of this court made and entered in the premises on the 12th day of October 1883.And it appearing to the satisfaction of the court by the oath of Horrace Dodson and D.S. Harris disinterested witnesses whose testimony has been taken by deposition as in chancery proceedings and which testimony has been filed of record in this court that the lands described as follows to wit; The SE 1/4 of SW 1/4 (less 5 acres off E. side) & 6 acres in south side of SW 1/4 of SE 1/4 Sec. 35 T 13 R 13 and 18 acres off of SE corner of NW 1/4 of NW 1/4 Sec 2 & 50 acres in the four subdivisions to wit; SW 1/4 of NW 1/4 & NW 1/4 of SW 1/4 Sec 2 & NE 1/4 of SE 1/4 & SE 1/4 of NE 1/4 Sec 3 T 14 R 13 and an undivided half interest in E 1/2 of NW 1/4 & NE 1/4 of SW 1/4 (less 10 acres in SE corner of last 40) & about 40 acres in SW 1/4 of NW 1/4 of SW 1/4 Sec 2 T14 R13, cannot be equitably divided among said heirs and devisees without a sale thereof. It is therefore ordered adjudged and decreed that said application be granted; and said administrator is hereby ordered to sell the above described land or the interest of said decedent therein, at public outcry at the late residence of said decedent in said county in manner and form as the law directs in such cases after having first given notice for at least three successive weeks of the time, place and terms of sale by posting a notice at the courthouse door of said county and three other public places in said county - 1 said sale to be made on a credit of twelve months. And Nancy M. Ham the widow of said decedent having filed her written consent as such widow in this court that her dower interest in such lands may be sold so as to vest in the purchaser a complete title, It is further ordered adjudged and decreed by the court that the said dower interest of said widow be sold with the residue of said land. It is further ordered that the petition & other paper writings relating to the same be recorded and that said administrator pay the costs. Witness Holland M. Bell Judge of Probate Probate Record Book #4 - 30, 31, 32, 33, 34, 35, 36, 241, 242, 243, 244, 245, 246, 247, 248 Henry Ham Deceased, Estate of The State of Alabama ) Probate Court Fayette County ) To the Hon Holland M. Bell Judge of Probate for said County; Report of sale of personal property The undersigned Bright A. Ham administrator of the estate of Henry Ham deceased reports that pursuant to an order heretofore made by said court empowering him to sell the personally of the estate of said decedent, he did after advertising the sale setting forth the articles to be sold and the time, terms and place of sale, as required by said order on the 3rd day of November 1883, within the legal hours, sale, the said day being the day appointed for said sale at the residence of decedent off for sale at public outcry to the highest bidder on credit of twelve months except amounts of five dollars & less which were cash, the articles herein below enumerated and at the prices shown in the following account of sales. List of the sale of Henry Ham estate - dec'd - 1 Lot implements - B.A. Ham $ .25 1 Plow Stock & other tricks .50 1 cross cut saw 1.00 2 Hoes .40 2 Tubs .60 1 lot harness 1 curry (cdrkinf??) .70 25 bushels corn 57 cts per bush 14.25 1 meal chest .32 1 lot Paint & oil .20 1 gun 6.25 1 Jug and chum .55 B.A. Ham 25.02 1 woman saddle 1.90 1 lamp .30 1 Clothes Press 3.00 1 Glass Stand .50 1 Bed & Stead 10.00 1 Chest .15 1 lot of dishes 1.50 1 Bucket & Pitcher .45 Mrs. N. M. Ham 17.80 3 Bee Stands 6.00 10 bushel of Potatoes 15 cts 1.50 14 1/2 " " " 16 cts 2.30 paid cash at 10 per cts discount 9.80 D.S. Harris 1 Vise .90 1 ? Knife & Spade 1.30 1 lamp 2 spoons .20 1 gum of nails & Co Mills .20 1 door bold .38 cash John Sims 2.98 1 Grindstone J.W. Byars .90 1 lot plow tools .55 1 set harness 2.65 1 hand saw cash .96 1 pr saddlebags .16 J.B. Barnes 4.32 1 lot augers and squares 2.20 1 pr (stalyard?) & bell .25 2 cups cash .15 1 oven & pan .30 J.H. Barnes 2.90 1 lot Plows & irons & axes .25 R.A. Sims cash 1 Sythe cradle 1.55 1 wash pot 1.30 5 chairs 1.65 1 Bed & Stead 20.05 J.R. Silivan 24.55 1 Handle basket cash .45 1 set of cups & saucers plates 1.20 E.F. South 1.65 1 Foot Addz cash 1.00 R.A.J. Dodson 2 Axes G.W. Young cash .50 1 Wagon Sheet cash 1.00 1 Chest .90 A.N. Musgrove 1.90 lot rawhides & Ropes .45 1 lot planes cash 10 580 1.45 2 small shoats (2 choice) 4.00 Joseph Smith 1 oven & lid .50 1 two horse wagon 25.50 26.00 1 Brace & bits & articles 1.05 3 Jars & steel trap .95 Samuel Reed cash 1.95 1 skillet & post cash .85 Geo. Pate 1 Skillet .70 1 Yearling 5.00 1 " 3.10 C.A. Ham 8.80 1 Tub .55 1 Spinning Wheel 2.65 1 Mule 130.05 1 Bucket & Jar .35 J.W. Ward 133.60 1 Man Saddle cash 4.10 J.L. Kuykendall 1 Cow & Calf 20.00 T.P. Northam 1 Cow 14.00 John Brown 1 Mule 115.00 O.L. Corbett 1 Buggy & harness 17.75 E.L. Adkins 7 Head goats cash 3.70 J.W. Woods 3 1st choice Shoats 9.25 L.H. Reese 4 2nd choice Shoats 10.00 Mrs. L.C. Smith 7 3 choice Shoats 10.60 James Webster 2 Small 1 C 4.40 1 goat skin cash .55 W.J. Roberts 4.95 2 Small Spoted 2.00 1 Spoted sow 4 lasts 9.25 25 bus. Corn 66 per 16.50 25 " " 59 per 14.75 1 Cubbard 4.80 1 set knives forks 1.00 3 bushels oats 50 cts 1.50 Thos Miller 49.80 1 Juf of vinegar cash .60 Wm Goree 2 Hydes leather cash .60 J.H. Shaw 1 Bed & Stead 16.00 J.P. Dill 1 Clock V.A. Taylor 7.00 1 Lanturn cash 1.00 Mrs. Maggie Reese 25 Bushel 56 14.00 J.H. Shaw 1 Stove W.H.L. Reese 17.00 3 1/2 Bushels oats 45 cts 1.57 R.L. Welch 1 Desk - cash - .25 J.B. McClung 1 Block Saw E. Perkins 3.25 650 Binds fodder at 85 cts 5.52 J.M. Stewart 1 Cow D. J. Lee 13.00 1 lot of corn 10 cts bus. W.B. Owings - not known The undersigned further reports that said sale was in all respects regular, and was fairly conducted and the foregoing is a true and complete account thereof. Bright A. Ham. Sworn to and subscribed before me this 10 day of November AD 1883 Holland M. Bell Judge of Probate Henry Ham Deceased The State of Alabama ) Fayette County ) Probate Court Citation to heirs on application to sell land To the Sheriff of said county | Whereas Bright A. Ham administrator of the estate of Henry Ham deceased, has filed his application in said county for a sale of the lands described therein, belonging to the Estate of the said decedent for the purpose of division among the heirs & devisees and the 24 day of Nov. A.D. 1883 has been appointed for the hearing of said application. You are therefore, hereby commanded to cite N.M. Ham the widow & B.A. Ham, Emily Ward & her husband John Ward, Etta Sims & her husband John Sims to appear before the said court on said 24th day of November AD 1883 to contest said application, if they think proper. Witness this 13th day of October AD 1883. Holland M. Bell Judge of Probate Received this 13 day of Oct AD 1883 F.M. Caine Sheriff Endorsement Executed this 27 day of Oct. A.D. 1883 by handing copy to each one of the within named heirs of said estate. F.M. Caine Sheriff G.W. Dodson Special Depty. Shff. The State of Alabama ) Probate Court Fayette County ) Original Interrogatories In the matter of the application of Bright A. Ham Administrator of Henry Ham deceased to sell the lands belonging to said estate for the purpose of division among the heirs & distributees Interrogatories to be propounded to D.S. Harris and Horrace Dodson who reside in said county the answers to which will be used as evidence in behalf of said application, at the hearing of the same. Int. 1st Were you acquainted with said Henry Ham. Int. 2nd Are you acquainted with the heirs and distributees of said Henry Ham, if yea, give their names and residences and whether they are twenty one years of age or minors. State also what one are married women and whether their husbands are of full age or not. Int. 3rd Are you acquainted with the following described lands lying in said county of Fayette. And do you know them as lands of which said Henry Ham died seized and possessed to with the SE 1/4 of SW 1/4 Sec 35 R13 & 68 acres more or less joining & lying in Section 2 & 3 T14 R14 & Six acres in SW 1/4 of SE 1/4 Sec 35 T13 R? And an undivided half interest in 150 acres more or less in Section 2 T14 R13 which lands are more particularly described in the petition for order to sell lands for division among the heirs Int. 4th Can said lands be equitably divided among the said heirs & distributees without a sale and would it be to the interest of said estate to sell said lands. Int. 5th State anything else you may know that will benefit petitioner B.A. Ham Admr G.W. Young as commissioner Filed 10 Nov 1883 H.M. Bell Judge State of Alabama ) Probate Court Fayette County ) To George W. Young Know ye. That we, having full faith in your prudence and competency have appointed you commissioner and by these presents do authorize you at such time and place as you may appoint to call before you and examine David S. Harris and Horrace Dodson as witnesses in behalf of the petitioner in a cause pending in our Probate Court of Fayette County - wherein Bright A. Ham is Plaintiff and the heirs and distributees Defendants on oath to be by you administered upon interrogatories annexed to this commission to take and certify the deposition of the witnesses and return the same to our said court to be held on 24 day of Nov. 1883 under your hand and seal. Witness this 19 day of November AD 1883. Holland M. Bell Judge of Probate State of Alabama ) Fayette County ) Deposition of David S. Harris a witness sworn on the day of Nov 1883 at his residence in said state and county - under and by virture of a commission issued out of the Probate Court of said county in a certain cause therein pending between Bright A. Ham Plaintiff and the heirs and distributees defendants. The said David S. Harris being duly sworn to speak the truth the whole truth and nothing but the truth doth depose and say as follows: To the first direct interrogatory he saith - Yes To the second direct interrogatory he saith - Not all only in part. To the third direct interrogatory he saith - I know the lands but not by numbers & I know Henry Ham owned the tract of land but donot know it by numbers To the fourth direct interrogatory he saith - It could not be equitably divided without a sale & it would be of interest to the estate to sell said lands. To the fifth direct interrogatory he saith. D. S. Harris State of Alabama Fayette County I the undersigned commissioner in said commission named hereby certify that I am not of counsel or of kin to any of the parties to this cause nor in any manner interested in the results thereof: that I am personally acquainted with the said witness David S. Harris and know him to be the identical person named in said commission that he was sworn and examined as above stated and that his evidence was taken down as near as might be in his own language and was subscribed by him in my presence on the day of Nov 1883 at the place above stated. Geo. W. Young Commissioner State of Alabama ) Fayette County ) Deposition of Horrace Dodson a witness sworn on the day of Nov 1883 at his residence in said state and county - under and by virture of a commission issued out of the Probate Court of said county in a certain cause therein pending between Bright A. Ham Plaintiff and the heirs and distributees defendant. The said Horrace Dodson being first duly sworn to speak the truth the whole truth and nothing else but the truth doth depose and say as follows: To the first direct interrogatory he saith - Yes To the second direct interrogatory he saith - Not all. To the third direct interrogatory he saith - I am acquainted with the lands & know them to be the lands of Henry Ham To the fourth direct interrogatory he saith - I think it would be to the interest of the estate to sell the lands. To the fifth direct interrogatory he saith. Horrace Dodson. State of Alabama Fayette County I the undersigned commissioner in said commission named hereby certify that I am not of counsel or of kin to any of the parties to this cause nor in any manner interested in the result thereof: that I am personally acquainted with the said witness Horace Dodson and know him to be the identical person named in said commission that he was sworn and examined as above stated and that his evidence was taken down as near as might be in his own language and was subscribed by him in my presence on the day of Nov 1883 at the place above stated. Geo. W. Young Commissioner The State of Alabama ) Fayette County ) To the Hon Holland M. Bell Judge of the Probate Court of said county: Nancy M. Ham widow of the late Henry Ham deceased and whose estate is now being administered in this Honorablee Court by Bright A. Ham who is the administrator thereof represents to your Honor that a Sale of the lands belonging to the said estate of her late husband is contemplated: that the petition of said administrator to sell the lands of said deceased for division, is now on file and is set for hearing on this 24 day of November AD 1883. Your petitioner therefore hereby consents that her dower interest in the lands described in said petition for sale be sold with the residue of said lands so as to vest in the purchaser or purchasers thereof a complete title to the same. Your petitioner prays your Honor that such orders and decrees may be entered in the premises as may be necessary and proper to effect the sale of said dower interest in the full accordance with said petition for sale and with the foregoing consent: and that your Honor will in no event permit wrong to come to your petitioner by reason of this consent. And in duty bound etc. Witness my hand this 24 day of November A.D. 1883 Attest J.W. Ward | Nancy M. Ham J.W. May | The State of Alabama ) Probate Court Fayette County ) Special Term 1883 In the matter of the application of Bright A. Ham Adm of the estate of Henry Ham dec'd to sell lands for division among the heirs of said estate. Now comes J.B. Sandford Guardian ad litum who represents the interests of minor heirs of said estate and denies the allegations of the adm of said petition to this Hon. Court praying there in and order granting a sale of said lands & strict proof as the law requires of such material allecution of said petition hereby demanded before said petition is granted. December 4, 1883 J.B. Sandford Guardian ad Litum The State of Alabama ) Fayette County ) Probate Court In the matter of the Estate of Henry Ham Deceased To the Hon. Holland M. Bell Judge of Probate of said County. Report of Sale The undersigned Bright A. Ham the Administrator of the Estate of Henry Ham dec'd. Reports that by virtue of a decree rendered by same Court on the 24 day of November A.D. 1883 authorizing and empowering the undersigned to sell certain real estate described in said decree belonging to the Estate of said deceased at the late residence of said dec. On the following terms to wit on a credit of twelve months that on Monday the 17 day of December 1883. After having given due and legal notice by advertising the same at the Court House door & (?) public places by posting notices in said County for three weeks previous to the day of sale setting forth the time place and terms of sale, he did after giving the notice prescribed as aforesaid in said decree at the place designated in said advertised notice and between the legal hours of sale, offer said real estate for sale at public outcry to the highest bidder on the terms prescribed by said decree, when the following person became the highest bidder for the following tract of Land included in said decree at the following prices, to wit: and have complied with the terms of sale.R.A.J. Dodson for the one half (undivided) interest in the E 1/2 of NW 1/4 (???) SW 1/4 less 10 acres off last 40 & 40 acres in SW 1/4 of NW 1/4 & NW 1/4 of (??) T14 R13 - 150 acres at for the sum of one hundred and seventy five & 50/100 And C.N. Dodson for the SE 1/4 of SW 1/4 less 5 acres & 6 acres in (???) of SW 1/4 of SE 1/4 Sec. 35 T13 R13 and 18 acres in SE corner of NW 1/4 of Sec. 2 T14 R13 at and for the sum of one hundred & twenty two dollars and John W. May for 50 acres more or less in sections 2 & 3 about half each section to wit in 4 sub division - SW 1/4 of NW 1/4 - NW 1/4 of SW 1/4 - SE 1/4 of NE 1/4 - NE 1/4 of SE 1/4 Sec. 3 T14 R3 for $125.And the undersigned further reports that said sale was fairly conducted and that all of the real estate sold as above stated sold prices not greatly disproportionate to the real value thereof that the purchase money has been properly and safly secured by notes with approved security. Therefore the undersigned prays that your Honor may grant an order and decree confirming or setting aside the foregoing sale - according proof may be made satisfactory to your Honor. All which is respectfully submitted. B.A. Ham Administrator Sworn to and subscribed before me this eighteenth day of Dezember (sic) A.D. 1883. Holland M. Bell. Judge of Probate Henry Ham Deceased Estate of The State of Alabama ) Fayette County ) Probate Court Term 10 Feby 1885 To the Hon. Holland M. Bell Judge of Probate Fayette County: The undersigned B.A. Ham Administrator of the Estate of of Henry Ham deceased would respectfully submit to the court the following report of his acts and doings as such Administrator from to 7 March 1885. Charges himself as follows, to wit: 3 Items of Receipts. Amount. Date 1884 Nov. Full amount of sale bill of personal property 648.40 1884 Decr 18 full amount of purchase money (lands) 422.50 Money on hand at death of Dec'd 50.00 Jany 1 85 of M.D. Killingsworth on land note 100.00 " 24 " " " " " " " 100.00 " " " " " including interest balance on said note 113.54 Decr 83 of F. S. Keylundoll note 7.00 Nov. 27 84 of R. Z. Erwin note 32.75 Decr 25 " C. S. Coppell note 5.65 Nov 16 " J. F. Shaw note 5.40 Nov 5 85 J.W. May note 3.95 And also the following items not in the appraise bill of Jim Scott Acct. .75 J. H. Shaw Acct. .25 G.J. Northcutt 4.15 D. S. Harris 1.00 Jane Powell 5.00 Interest on money used by Admr. 6.00 Total amount of moneys received and collected 1,506.34 Contra Asks to be credited with following payments to creditors of deceased as per vouchers herewith submitted: For what paid out No. Of voucher Amount paid out Tax Receipt 1883 1 9.76 " 1884 2 16.80 " for the year 1885 assessed $4.00 5.60 Guardian Ad Litum 3 2.00 (bottom line of page cut off and unreadable in my copy) Printers fees Advtg letters 6 4.50 " " for sale of land 7 5.00 Black Smith Acct George Davis 8 .55 Dec 1/85 Comr G.W. Young 9 .50 J.W. Ward 10 2.50 R. V. Windham & R.I McCarver 11 1.00 & A. N. Musgrove 11 1.00 Sheriff F.M. Caine 12 3.90 J.B. Jones 13 .15 Printer fees Advtg final settle. 14 3.00 Comrs. Allowed Admr 5% on 1506.84 75.31 Probate court costs on final Settlent 12.35 Guardian Ad Litem fee J.H. Hyde 2.00 Amount carried down, 168.42 Total amount paid out, $168.42 Recapitulation Total amount received, $1506.34 " " paid out $ 168.42 Balance on hand, $1337.92 Remarks Amount of claims against the Estate Still unpaid, which are worthless & uncollected to wit: note on J.E. Northam for 640 lbs lint cotton note on M.A. Sanders for balance of seven dollars & interest. Note on J.F. McCraw for $3. " " J. M. Smith for balance of note with interest thereon. All of which is respectfully Submitted, B.A. Ham Admr The State of Alabama ) Fayette County ) Before me Holland M. Bell Judge of Probate of said county, personally appeared B.A. Ham Administrator of the Estate of Henry Ham deceased, who, being duly sworn, make oath the the foregoing final account cursent is a full and correct statement of all his dealings and transactions and of all moneys and effects received and paid out by him on account of said estate, and that he has not used any of the funds of said Estate for his own benefit Subscribed and sworn to before me, this 10 day of Feby 1885. B. A. Ham Admr Holland M. Bell, Judge of Probate The State of Alabama ) Fayette County ) B. A. Ham Administrator of the Estate of Henry Ham deceased being duly sworn makes oath that N.M. Ham widow aged 60 years, residing in this county B.A. Ham " 45 " " " " Emily Ward wife John Ward aged 40 years, residing in this county and heirs of Martha Ward decd who was daughter of Decd & wife of James N. Ward who is now living & Guardian for two of said heirs, to-wit: Etta Sims wife of John Simms over 21 years & resides in this county, John Ward & Lonny Ward who are both under 21 years of age and resides with their father in this county, & heirs of C.A. Reese decd who was daughter of decd and wife of E.B. Reese who is now living to-wit: Theressa Reese, Henry M. Reese, Emma D. Reese, Mattie A. Stewart wife of George Stewart all of whom are over 21 years of age & resides in Leak Co. Miss. & Denna L. Reese, Lee Reese & Earnest Reese & C.E. Reese 4 last under 21 years of age & Resides in Leak Co. State of Miss. & are the heirs and devises of said deceased, according to the best of his information knowledge & belief. Subscribed and sworn to before me, this 10 day of February 1885. Holland M. Bell | B. A. Ham Admr. Judge of Probate | No. 28. State of Alabama Fayette Co. Nov. 13 1883 Received of Henry Ham the sum of six & 26/100 Dollars, being in full of the amount of Taxes due the State of Alabama and County of Fayete, for the year 188?. Divided as follows: Dolls. Cts. Dolls. Cts. State Tax on Real Estate County Special Tax 1.11 " Tax on personal property 2.91 Poll Tax T.R. County " " Real Estate Assessors Fees " " " personal property 2.24 Collects " Land Tax in B.A. H. Receipt 6.26 Beat 3.50 $9.76 F.M. Caine, Tax Collector No. 31 State of Alabama, Fayette Co. Jan. 6, 1885 Received of B.A. Ham Admr. The sum of 16.80/100 dollars, being in full of the amount of Taxes due the State of Alabama and county of Fayette, for the year 1884. Divided as follows State Tax on Personal Property 7.80 County tax on Real Estate County tax on Personal Property 6.00 County Special Tax 3.00 Poll Tax TR Assessors Fees Collectors " 16.80 Beat P.W. Thornton Tax Collector Received of B.A. Ham Administrator of Henry Ham decd two dollars being Guardian ad litem fee in hearing application to sell land of said estate. This 18 decr 1883. Holland M. Bell Judge of Probate Received of B.A. Ham Administrator of Henry Ham decd the sum of two & 50/100 dollars on my costs in said estate This 23 day of Decr 1884 Holland M. Bell Judge of Probate Received of Bright A. Ham Admr of Henry Ham decd the sum of twenty dollars being payment on Probate Court costs in said Estate. This 3 day of Decr 1883 Holland M. Bell Judge of Probate Recd of B.A. Ham my printers fee say $4.50 for publishing notice of grant of etters of Administration on estate of Henry Ham decd. October 12th 1883. Richard J. Smith Fayette C.H., Ala., Dec 3rd 1883. Received of Bright A. Ham Admr. Of Estate of Henry Ham decd Five Dollars in full payment for advtg notice of application for order to sell land of said Estate. Richard J. Smith Received of B.A. Ham Administrator of the Estate of Henry Ham 55 in full of his Black Smith account up to this day. December 4, 1883. George Davis Dec 1st 1883. Recd. Of B. A. Ham Admr of the estate of Henry Ham Decd the sum of 50c being the amount due me from said estate for taking deposition of Horace Dodson & D.S. Harris G.W. Young Commissioner Received of B.A. Ham Admr of the estate of H. Ham the sum of $2.50 this 16th dec 1883 J.W. Ward. Received of B.A. Ham Admr of Henry Ham dec the sum of $1.00 one dollar for keeping books of the sale this Nov. The 3 day 1883. R.V. Windham R.I. McCarver. Received of B.A. Ham Admr of Henry Ham dec. The sum of one dollar for Auction property. A.W. Musgrove Fayette C.H. Ala. March 7th 1884. Received of B.A. Ham Admr of the estate of Henry Ham decd in full of my Shffs fees for work done for said estate. F.M. Caine Shff. Fayette C.H. Ala. Oct. 30, 1883. Mr. B.A. Ham Admr of Estate of Henry Ham Dest. Bought of James B. Jones 24 wave note. Recvd payment J.B. Jones. Received of B.A. Ham Admr three dollars for advertising final settlement of Estate of Henry Ham decd Feby 10th 1885 richard J. Smith Received of B.A. Ham Admr of Henry Ham decd the sum of twenty two & 60/100 dollars being balance in full of the distribution share of my wife Etta Simms in said estate and this receipt is intended to cover the full amt. Of decree on final Settlement of said estate. This 7 day of March 1885 J.F. Sims Received of B.A. Ham Admr of Henry Ham decd the sum of Sixty Seven & 72/100 dollars being balance in full of my wife distributive share of said estate. This 7 day of March 1885. J.W. Ward Received of B.A. Ham Admr of Henry Ham decd the sum of Six & 80/100 dollars being balance in full of the distributive shares of said estate belonging to my two minor children to-wit: John Ward and Henry L. Ward. This 7 March 1885 James W. Ward Ad. One day after date I promise to pay Henry Ham or heirs the sum of fifteen dollars and fifty cts, for value received of him this April the 26 1881. J.M. Smith Received on the written note the sum of seven dollars this the 10 of October 1882 Received on the written note $5.00 five dollars this August the 7th 1883. On or before the 15 of November next I promise to pay Henry Ham or barn the share of 640 lbs of lint - cotton to be delivered at A.J. Corbetts gin. February the 25th 1879. J.E. Northam Received on this note three dollars. One day after date I promise to pay Henry Ham the sum of twelve dollars it bim for value received this the 25 day of February 1879 M.A. Sanders 1064. Received on the within note the sum of five dollars this the 15 of November 1879. Due Henry Ham the sum of three dollars this the 5 of January 1880. J. F. McCraw The State of Alabama ) Fayette County ) Probate Court February 10 Term, 1885. To James H. Hyde Take Notice, that by an order of this court, this day made and entered, you were appointed to act as Guardian, ad Litem for John Ward Lanney Ward, Denna L. Reese, Lee Reese, Earnest Reese & C.E. Reese.Minor heirs & legatees of Henry Ham deceased to represent and protect their interests upon the auditing & passing upon the Accts of B.A. Ham Admr on his final settlement. Given under my hand, this 10 day of February 1885. Holland M. Bell Judge of Probate I hereby accept the appointment of Guardian ad litem for John Ward Lonney Ward, Denna L. Reese, Lee Reese Emmett Reese & C.E. Reese.Minor heirs & legatees as aforesaid deceased, to represent and protect their interests upon the hearing of the above Settlement and hereby file this my plea denying said Acct & demanding legal proof of the same item by item. Witness my hand, this 16 day of February 1885. James H. Hyde Guardian ad Litem Received of B.A. Ham Administrator of the Estate of Henry Ham Deceased the sum of one hundred and seventy five dollars being a part of my distribution share of said Estate. Given under my hand this the 25th day of Dec 1884. J.W. Ward M.E. Ward Received of B.A. Ham Administrator of the Estate of Henry Ham Deceased the sum of one hundred & Sixteen dollars & 70cts being a part of my Distribution share of said Estate. Given under my hand this the 25th of Dec 1884. James N. Ward Guard Received of B.A. Ham Administrator of the Estate of Henry Ham Deceased the sum of fifty eight & 30 cts dollars being a part of my Distribution Share of Said Estate. Given under my hand this 25th of Dec. 1884 John F. Sims M.E. Sims Mont Calm Fayette County Ala. March the 7th 1885. Received of B.A. Ham as Administrator of the Estate of Henry Ham deceased, seventy eight Dollars and forty nine cts which is payment in full of his administratorship in said estate. N.M. Ham Received of B.A. Ham Administrator of the Estate of Henry Ham deceased the sum of thirty eight 25cts dollars being a part of my distribution share of said estate. Given under my hand this 5th day of Feb. 1885. J.N. Ward Guard. Received of B.A. Ham Administrator of the Estate of Henry Ham deceased the sum of one hundred & Seventy five dollars being a part of my distribution share of said estate. Given under my hand this the 26 day of December 1884. Nancy M. Ham The State of Alabama Fayette County Probate Court To the Hon. Holland M. Bell Judge of Probate of said County The undersigned B.A. Ham Administrator of the estate of Henry Ham deceased respectfully report that a a sale of real estate of said deceased in accordance with a decree entered in this court on the 24th day November 1883 which sale has been duly reported and confirmed C.N. Dodson became the purchaser of 35 acres of SE 1/4 of SW 1/4 & six acres off South Side of (??) of SE 1/4 Sec 35 T15 R13 and 18 acres off SE side of NW 1/4 of NW 1/4 Sec 2 T14 R13 & r?.A.J. Dodson became the purchaser of 1/2 interest of E1/2 of NW 1/4 & SW 1/4 of NW 1/4 & (?) acres of the NE 1/4 of SW 1/4 Sec 2 T14 R13 & J.W.May became the purchaser of 50 acres more or less in N 1/2 of SE 1/4 & S 1/2 of NE 1/4 Sec 3 & SW 1/4 of N? Sec 2 T14 R13 all lying south of the lane and there and then complied with the terms of said sale. The undersigned further reports that said J.W. May has transferred his purchase to R.A.J. Stewart & report that thus C.N. Dodson, R.A.J. Dodson & R.A.J. Stewart have now paid him in full purchase money and therefore ask that an order be made authorizing him to make and convey titles to said land to the said C.N. Dodson, R.A.J. Dodson and R.A.J. Stewart the said several tracts so purchased and transferred as aforesaid. Sworn to and subscribed before me this 23rd day of Decr 1885. Holland M. Bell Judge of Probate Probate Minutes Book #4 - pp 138, 161, 174, 177 Henry Ham Deceased Estate of. The State of Alabama ) Probate Court Fayette County ) Special Term 23rd Dec 1884. Present Hon Holland M. Bell Judge. Henry Ham Deceased Estate of order to convey This day came B.A. Ham the Administrator of said estate and filed his report in writing showing among other things that C.H. Dodson, R.A.J. Dodson and J.W. May who became the purchasers of certain land of said estate which lands are particularly described in the decree of this court rendered on the 24 day of Dec 1883 have fully complied with the conditions contained in the decree of this court under which the said sale was made and with the requirements of law in such cases and that said J.W. May has transformed his purchase of certain land described in my report of sale to one R.A.J. Stewart and that said C.N. Dodson, R.A.J. Dodson and R.A.J. Stewart have each paid to said administrator the entire amount of the purchase money, for which the said several tracts of lands were sold: and the court being now satisfied from an inspection of the records that the sale of said lands was in all things regular and fair, and that said sale was heretofore duly approved and confirmed and the same is hereby confirmed. by the decree of this court. It is ordered adjudged and decreed that the said B.A. Ham as such administrator as aforesaid be authorized and he is hereby ordered to convey by proper deed to the said C.N. Dodson, R.A.J. Dodson and R.A.J. Stewart all right, title and interest which said Henry Ham had in such law at the time of his death.It is further ordered that said report be filed for & records and that said B.A. Ham as Administrator pay all the costs to be allowed to his credit in future settlements. Witness. Holland M. Bell Judge of Probate Henry Ham Deceased Estate of The State of Alabama ) Probate Court Fayette County ) Special Term 10 Feby 1885 Present the Hon Holland M. Bell Judge In the matter of the estate of Henry Ham deceased and now on this day comes B.A. Ham, Administrator of the estate of Henry Ham deceased and presents to the court under oath his accounts and vouchers for the final settlement of his administration and therewith also presents under oath a statement of the names ages residence and condition of the heirs and distributes of said estate, in form as required by law. It is therefore ordered that said account vouchers evidence and statement be placed on file for inspection of all concerned and that the 7th day of March 1885 be set for examining and auditing said account and that notice of the filing of said account and vouchers and the day set for hearing the same, be given by publication, for three successive weeks in the Fayette Journal a newspaper published in this county notifying all persons interested to be and appear before this court on the 7th day of March 1885 to show cause, if any why said account should not be allowed: and it appearing that John Ward and Lonny Ward, Dena L. Reese, Lee Reese, Emmet Reese, and C.E. Reese interested in said settlement are minors, it is further ordered that Hames H. Hyde be and he hereby is appointed guardian ad litem to represent and defend the interest of said minors in all matters pertaining to this settlement and that the said James H. Hyde have notice of his appointment as such guardian ad litem and of the day above set for hearing. Holland M. Bell Judge of Probate Henry Ham Deceased Estate of The State of Alabama ) Probate Court Fayette County ) 7 March 1885 Present Hon Holland M. Bell Judge of said Court Henry Ham Dec'd Estate of Final Settlement This day being set to hear and pass upon the account heretofore filed by B.A. Ham as the administrator of said estate for final settlement of his administration thereof now comes the said B.A. Ham and moves the court that his said account may be passed and allowed. And it appearing to the court that due notice of the time and nature of this settlement has been given by publication for three successive weeks in the Fayette Journal a newspaper published in this county - ; and James H. Hyde who was heretofore appointed to act as guardian ad litem for and represent and protect the interest of John Ward, Henry L. Ward, Denver L. Reese, Lee Reese, Emmit Reese and C.E. Reese the only minors concerned in this proceedings and settlement now appearing in open court consenting in writing to act and contesting said settlement, the court proceed to examine said account and to consider the proof relating thereto; whereupon it is shown and appears, that said administration has received of the assets of said estate the sum of one thousand five hundred and six dollars and thirty four cents in money and that he has justly expended in and about the costs and charges necessary and incident to said administration and in paying the debts due from said estate the sum of one hundred and sixty- eight & 43/100 dollars (168 42/100) leaving a balance of one thousand three hundred thirty seven & 92/100 dollars (1337 92/100) for distribution among those entitled. And said account being full and correct; It is ordered adjudged and decreed by the court that said accounts be and the same are hereby in all things passed and allowed as above stated.And it further appearing to the court that such decedent left him surviving, his widow N.M. Ham and two children and the children of two other children, to wit; B.A. Ham and Emily Ward wife of John Ward the children - grandchildren to wit: (hu??) of Martha Ward dec'd who was a daughter of dec'd to wit: Etta Sims wife of J.F. Sims over 21 years of age - John Ward and Henry L. Ward minors whose guardian is J.N. Ward their Father and the heirs or children of C.A. Reese deceased who was daughter of dec'd & wife of E.B. Reese to wit; Theressa Reese, Henry M. Reese, Emma D. Reese and Mattie A. Stewart - wife of George Stewart - all of whom are over 21 years of age and Dena L. Reese, Lee Reese, Emmit Reese and C.E. Reese. 4 last all under 21 years of age and have no guardian known to this court.And it appearing that four hundred and twenty two & 50/100 dollars of said balance are the proceeds of the saleof realty belonging to said estate, and said N.M. Ham is entitled to one sixth thereof, to wit; seventy & 4/100 dollars in lieu of her dower interest in said estate, and to a childs part of the remaining nine hundred fifteen & 22/100 dollars, to wit; one hundred, eighty- three & 8/100 dollars as her distributive share thereof, making the whole amount to which the said N.M. Ham entitled the sum of two hundred, fifty-three & 49/100 dollars and the balance, one thousand eighty-four & 43/100 dollars, left - after deducting the share of said N.M. Ham is to be first divided into four equal parts: and one of said shares to be divided among 3 children one third to be decreed to Etta Sims & her husband J.F. Sims and the other 2/3 to be decreed to J.N. Ward as the guardian for the use of John Ward and Henry L. Ward minor heirs of Martha Ward dec'd who was daughter of deceased and one share to be divided among 8 children heirs of C.A. Reese dec'd giving to each of said eight distributes the sum of thirty five & 13 1/4 /100 dollars. It is therefore ordered adjudged and decreed that said N.M. Ham do have and recover of said B.A. Ham as such administratior the sum of two hundred and fifty-three & 49/100 dollars as her distributive share of said estate; But said Admr the said B.A. Ham having filed in this court a receipt from said N.M. Ham for the sum of one hundred and seventy-five dollars, this decree is credited with said amount and it is adjudged that the balance of seventy-eight & 49/100 dollars be recovered and for which execution may issued Receipt filed for balance in full of the above decree this 26 March 1885 - H.M. Bell Judge It is further ordered adjudged and decreed that B.A. Ham retain for his use and distributive share of said estate the sum of two hundred and seventy-one & 10/100 dollars. It is further ordered adjudged and decreed that Emily Ward and her husband John Ward do have -------------------last line on page unreadable--------------------------- Administrator the sum of two hundred and seventy-one & 10/100 dollars their distributive share of said estate - but the said B.A. Ham having filed in this court two receipts covering the full amount of this decree the said B.A. Ham as such administrator is therefore discharged from this decree. Etta Sims It is further ordered adjudged and decreed that Etta Sims and her husband John Sims do have and recover of said Admr said B.A. Ham the sum of ninety & 36/100 dollars their distributive share of said estate but the said Admr having filed two receipts from said Sims covering the full amount of this decree, he is therefore J.N. Ward guardian for John & Henry L. Ward It is further ordered adjudged and decreed that J.N. Ward as guardian for John Ward and Henry L. Ward for this use do have and recover of said B.A. Ham as such Admr the sum of one hundred and eighty & 73/100 dollars their distributive share of said estate but the said B.A. Ham as such administrator having filed receipts from said J.N. Ward as such guard covering the full amount of this decree he is therefore discharged from this decree. Therissa Reis It is further ordered adjudged and decreed the said B.A. Ham as such administrator pay over to Therissa Reese the sum of thirty-three & 87/100 dollars her distributive share of this estate and for which execution may issue. Received of B.A. Ham Admr the full amount of the above decree in my favor this 7 day of Sept 1886. Nancy T. Reis By B. Reis Atty in fact Henry M. Reese It is further ordered adjudged and decreed that said B.A. Ham as such Admr pay over to H.M. Reese the sum of thirty-three & 87/100 dollars his distributive share of said estate and for which execution may issue - Received of B.A. Ham Admr the full amount of the above decree in my favor this 7 day of Sept 1888 N.M. Reis By B. Reis Atty in fact Emma D. Reis It is further ordered adjudged and decreed that said B.A. Ham as such Admr pay over to Emma D. Reese the sum of thirty three & 87/100 dollars her distributive share of said estate and for which execution may issue - Received the full amount of the above decree this 7 Sept 1886 Emma D. (???) By B. Reis Atty in fact Martha A. Stewart It is further ordered adjudged and decreed that said Admr B.A. Ham pay over to Mattie A. Stewart and her husband George Stewart the sum of thirty three & 87/100 dollars their distributive share of said estate and for which execution may issue - Received of B.A. Ham the full amount of the above decree this 7 Sept 1886 Mattie A. Stewart by B. Reis atty in fact Dena Reis It is further ordered adjudged and decreed that said B.A. Ham as such Admr pay over to Dena Reese when of age or to her legal guardian when made known the sum of thirty-three & 87/100 dollars her distributive share of said estate and for which execution may issue as provided by law. -- Received of B.A. Ham Admr the full amount of the above decree this 7 Sept 1886 B. Reis guardian Lee Reis It is further ordered adjudged and decreed that said Administrator B.A. Ham pay over to Lee Reese when of full age or to his lawful guardian when made known for his use the sum of thirty-three & 87/100 dollars his full distributive share of said estate and for which execution may issue as provided by law. -- Received of B.A. Ham Admr the full amount of the above decree this 7 Sept 1886 B. Reis guardian Emmet Reis It is further ordered adjudged and decreed that said Admr B.A. Ham pay over to Emmet Reese when of full age or to his lawful guardian when made known the sum of thirty-three & 87/100 dollars as his full distributive share of said estate and for which execution may issue as provided by law. - Received of B.A. Ham Admr the full amount of the above decree this 7 Sept 1886. B. Reis guardian. C.E. Reis It is further ordered adjudged and decreed that said Admr B.A. Ham pay over to C.E. Reese when of full age or to her lawful guardian when made known the sum of thirty-three & 87/100 dollars her distributive share of said estate and for which execution may issue as provided by law - Received of B.A. Ham Admr the full amount of the above decree this 7 Sept 1886. B. Reis guardian. It is further ordered that all accounts vouchers evidences and statements on file relating to this settlement and all other papers writings or files respecting this estate be recorded and that said B.A. Ham Admr as aforesaid pay all the costs allowed to his credit. Witness Holland M. Bell Judge of Probate