Probate Minutes Book #6 pp 401, 402, 403, 411, 412, 495 John Barnes Deceased Estate of The State of Alabama ) In Probate Court Special Term Fayette County ) May 30th 1904 Present Hon Thos E. Goodwin Judge John Barnes Deceased Estate of Grant of letters of Administration to J. H. Barnes and now comes on this day J.H. Barnes the son of said John Barnes, and presents to the court his petition in writing under oath praying that letters of administration on the estate of John Barnes deceased issue to him, which 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 John Barnes departed this life in this county on or about the 8 day of May 1904 being at the time of his death an inhabitant of Fayette County Alabama that he died leaving assets in this county which assets real and personal are estimated to be worth twelve hundred dollars and probably not more but leaving no will or testament or other writings relating to the disposal or distribution of his estate and that his death was known more than 15 days before this day, and showing in his petition who are heirs and next of kin, giving names ages, sex conditions and residences and that said petition being the son of said deceased has the right to have letters of Administration and that he is over the age of twenty one years and in every way a suitable person to sreve as the administrator of said estate and no person has appeared to oppose the granting of letters of Administration to the said J. H. Barnes or show cause why the prayer of said petition should not be granted. It is ordered that the same be granted provided that the said J. H. Barnes first file in this court his bond in the ___ sum of fifteen hundred dollars conditioned and payable according to the statute in such case made and provided with such security or surities as may be approved by the court. It is further ordered that said petition be recorded. And now comes the said J. H. Barnes and presents to the court for approval his bond in form as by the court heretofore required with M. V. Stewart - F. H. Ham as his securities thereon and the court being now sufficiently advised 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 further ordered adjudged and decreed by the court that letters of Administration on said estate of said deceased be issued to said J. H. Barnes and that he be and is hereby authorized to administer said estate according to law. John Barnes Deceased Estate of The State of Alabama ) Probate Court Special Term Fayette County ) 18 day of June 1904 Present Hon Thos E. Goodwin Judge John Barnes Deceased Estate of ) Order setting day hearing etc to sell lands ) J. H. Barnes administrator of said estate having this day filed his application in writin and under oath praying for an order and proceedings to sell certain real estate in said petition described the property of said decedent for the purpose of division among the heirs at law of said estate upon the ground that the same cannot be equitably divided among the heirs and devisees of said estate without a sale thereof: and it appearing from said petition that the only heirs of said estate are the following: to wit: Catherine Barnes widow of deceased, J. H. Barnes, J. F. Barnes, J. B. Barnes and S.E. Barnes, sons of deceased over 21 years of age and Nancy Reese daughter of deceased over 21 years of age all of whom reside at Cain, Fayette County, Alabama, Melinda Ham wife of F. H. Ham who resides at Rena Alabama, Sallie Wheeler wife of Nando Wheeler who resides at Winfield Alabama and Mary Stewart wife of Murray Stewart who resides at or near Mt Calm Fayette County Alabama all of whom are over 21 years of age and minor heirs of Liza Ham deceased who was the daughter of John Barnes dec; Harvey Gartman resides at Cain Fayette Co. Ala and Denver, Banks, Austin & Walten Ham who reside in Wood County, Texas. And all of said heirs of Liza Ham deceased are under the age of 21 years. It is ordered that 1st day of August 1904 be and the same is hereby appointed a day for hearing the said application and the proofs which may be submitted in support of the same. It is further ordered that due notice of the nature of said application and of the time above set for the hearing thereof be given at least forty days before the said day of hearing by posting up notices at the courthouse door and those other public places in the county as the law requires. It is further ordered that Catherine Barnes J.H. Barnes J.B. Barnes, J. F. Barnes, S.E. Barnes, Nancy Reese, Malinda Ham, Sallie Wheeler and Mary Stewart have notices of this proceeding and of the day set for hearing the same by citation to be personally served upon them ten days before the day set for hearing same. It is further ordered that R.H. Corbett be and he is hereby appointed Guardian ad litem for and to represent and protect the interest of Harvey Gartman, Denver Ham, Banks Ham, Austin Ham, and Walten Ham the only minor interested in this proceeding and that said R. H. Corbett have notice of his appointment and day of hearing same. John Barnes Deceased Estate of The State of Alabama ) Probate Court Special Term Fayette County ) 1st day of August 1904 Present Hon Thos E. Goodwin Judge In the matter of the estate of John Barnes deceased Order for sale of real estate. This being the day heretofore set to hear and determine the petition of J.H. Barnes Administrator of the estate of John Barnes deceased for an order to sell certain lands hereinafter described for the purpose of distribution among the heirs of said estate upon the ground that same cannot be equitably divided without a sale, said day being not less than forty days from the time of making said application, now comes the said petitioner and moves that his said application be granted and it appearing to the court that notice of said application and the time set for hearing the same has been duly given by posting up notices at the courthouse door and three other public places in the county as heretofore ordered and it further appearing that Catherine Barnes, J. H. Barnes, J.F. Barnes, S.E. Barnes, J.B. Barnes, Nancy Reese, Malinda Ham, Sallie Wheeler and Mary Stewart - the adult heirs have all been duly notified of the application and time of hearing same by citation personall served upon them more than ten days before this day and that R. H. Corbett who is not of kin to said administrator nor in any way interested in this proceeding in who was heretofore duly appointed and has consented in writing to act as guardian ad litem to represent and protect the interest of Harvey Gartman, Denver Ham, Banks Ham, Austin Ham and Walten Ham and as such guardian ad litem having filed his answer in writing denying the allegations contained in said application. And it appearing to the satisfaction of the court by the oaths of Fenton South and William Tarwatis disintested 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: SE 1/4 of NW 1/4; E 1/2 of SW 1/4; SW 1/4 of SW 1/4 Sec. 36 T 14 R 13. 60 acres of S 1/2 of SE 1/4 including Mill site and pond Sec 35 also 15 acres east side of SE corner SE 1/4 of SW 1/4 West of Pikeville Road in Sec. 35 all in T 14 R 13 cannot be equitably divided among said heirs or 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 at public outcry at the late residence of decedent in said county in the manner and form as the law directs in such cases, after having first given notice for three successive weeks of the time place and terms of sale by publication in the Fayette Banner a newspaper published in this county - said sale to be made for (1/3) 1 third of purchase money to be paid cash (1/3) 1 third payable 1 Nov 1905 (1/3) 1 third payable 1 Nov 1906 the deferred payments to be secured by notes with good and sufficient security or securities as required by law.And Catherine Barnes 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 rest in the purchaser a complete title and also in such written consent having waived and relinquished her right of homestead or other exemptions. 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 lands. It is further ordered that said administrator make report of his proceedings & sale under this order as the law directs. Thos E. Goodwin Judge of Probate John Barnes Deceased estate of The State of Alabama ) Probate Court Sept. 7, 1904 Fayette County ) John Barnes Deceased estate of Confirmation of sale of lands Whereas heretofore to wit on the 25 day of August 1904 came J.H. Barnes administrator of said estate and filed his report in writing and under oat setting forth among other things that on 22 day of August 1904 within the hours provided by law and in strict accordance with all and singular the terms and requirements of the former order and decree of this court granted and entered in the premises on the 1st day of August 1904 he proceeded and sold at public outcry on the premises in this county - the lands set forth and particularly described in said former order and decree and that said land was purchased at said sale as follows. S.E. Barnes became the purchaser of the SE 1/4 of the SW 1/4 Sec 36 T 14 R 13 for the sum of forty-five dollars and M.V. Stewart became the purchaser of the NE 1/4 of SW 1/4 and SW 1/4 of SE 1/4 Sec 36 and fifteen acres on South side of SE 1/4 of the SW 1/4 Sec 35 T 14 R 13 for the sum ______________ and R.F. Wheeler became the purchaser of the SE 1/4 of NW 1/4 Sec 36 T 14 R 13 for the sum ______________. And it appearing to the satisfaction of the court from said report and the evidence submitted therewith that said several amounts so bid by said purchasers for said lands were in each case the highest and best bid for same: that said sums so bid was not greatly less or disprotionate to its real value that said sale was legally and fairly made and that the proportion of the purchase money so bid which was required to be paid in cash by said former order and decree has been duly paid and that the balance of said purchase money has been secured sufficiently and according to law and to said decree of sale and that ten days & more have elapsed since the filing of said report of sale and no objections have been made to said sale nor cause shown why such sale should not be approved and confirmed. It is ordered adjudged and decreed that said sale be and the same hereby is approved and in all things ratified and confirmed by the order and authority of this court. It is further ordered that said report and all other paper writings on file relating to this proceeding be recorded and that the administrator pay the costs. Thos E. Goodwin Judge of Probate Probate Minutes Book #7 pp. 230, 235, 289, 294, 295 John Barnes Deceased Estate of The State of Alabama ) Probate Court Fayette County ) Special Term 17 Nov 1908 This day came J.H. Barnes Administrator of said estate and filed his statement accounts, vouchers and evidence for a final settlement of his administration thereof.It is ordered that the 14 day of December 1908 be appointed a day on which to make such settlement and notice of the time and nature of such settlement be given by publication for three successive weeks in the Fayette Banner a newspaper published in this county. It is further ordered that S. T. Wright be appointed to act as guardian ad litem for and to represent Denver Ham, Banks Ham, Austin Ham and Walton Ham the only minors interested in this proceeding and that said S. T. Wright have notice of his appointment and of the time & notice of this proceeding. Witness E.P. Goodwin Judge of Probate W. H.M. Bell clerk John Barnes Deceased Estate of The State of Ala ) Probate Court Regular Term 14 Dec 1908 Fayette County ) In the matter of final settlement of said estate This being the day heretofore set to hear and pass upon the account heretofore filed for final settlement by J.H. Barnes the administrator thereof. Now comes said administrator and moves the court for a continuance for such settlement whereupon it agreed and therefore ordered that the hearing and passing upon such account for final settle be and the same is hereby continued to the 21st day of December that being the time agreed upon by parties interested therein. Witness E.P. Goodwin Judge of Probate W.H.M. Bell clerk Dec 21/08 the hearing & passing upon the account for final settlement of the John Barnes estate is again continued to regular term of this court 2nd Monday in January 1909. E.P. Goodwin Judge of Probate W.H.M. Bell clerk John Barnes Deceased Estate of The State of Alabama ) Probate Court Fayette County ) Special Term 12 Oct 1909 This day came J.H. Barnes Administrator of said estate and filed his statements, accounts, vouchers and evidences for a final settlement of his administration thereof. It is ordered that the 3rd day of November 1909 be appointed a day on which to make such settlement and that notice of the time place and nature of such settlement be given by publication for three successive weeks in the Fayette Banner a newspaper published in this county. It is further ordered that W.R. Enis be & is appointed to act as guardian ad litem for and to represent the interest of Denver Ham, Banks Ham, Austin Ham and Walton Ham the only minors interested in the proceeding and settlement and that said W. R. Enis have notice of his appointment and of the time & nature of this proceeding and the hearing thereof. E. P. Goodwin Judge of Probate John Barnes Deceased Estate of The State of Alabama )Probate Court Special Term November 3 1909 Fayette County ) In the matter of the estate of John Barnes Deceased This day being set to hear and pass upon the account heretofore filed by J.H. Barnes as the administrator of said estate for final settlement of his administration thereof: Now comes the said J.H. Barnes 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 Fayette Banner a newspaper published in this county and W.R. Enis who was heretofore appointed to act as guardian ad litem for and to represent and protect the interest of Denver Ham, Banks Ham, Austin Ham and Walten Ham, the only minors concerned in this proceeding and settlement, now appearing in open Court consenting in writing to act and contesting said settlement, the court proceeds to examine said account and to consider the proof relating thereto whereupon it is shown and appears that said administrator has received of the assets of said estate the sum of one thousand six hundred twel & 65/100 dollars *1612.65) in money and that he has justly expressed in and about the costs and charges necessary and incident to said administration the sum of one hundred nineteen 63/100 dollars, leaving a balance of one thousand four hundred ninety three 02/100 dollars for distribution among those entitled. And said account being full and correct It is 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 Catherine Barnes and eight children & five grand children namely, children, J.H. Barnes, J.B. Barnes, S.E. Barnes, J.F. Barnes, S.E. Barnes, Mary Stewart, Malinda Ham & Sallie Wheeler, Grand Children to wit: Harvey Gartman, Denver Ham, Banks Ham, Austin Ham and Walten Ham, said Grand Children being children of Eliza Ham deceased who was a daughter of said John Barnes deceased. And it further appearing to the Court that said widow the said Catherine Barnes filed in this court her written relinquishment of Dower in the land of said estate and consented and agreed to take and accept a childs part of said estate that said widow & 8 children & 1 set grand children make ten shares in said balance for distribution 1493.02 /10=$149.30 for each share and one share 149.30/5=29.86 for each of the said grand children. It is therefore adjudged and decreed by the court that the said widow Catherine Barnes and each of said eight children to wit: J.H. Barnes, J.B. Barnes, S.E. Barnes, J.F. Barnes, S.E. Reese, Mary Stewart, Malinda Ham and Sallie Wheeler do each have and recover from said J.H. Barnes as administrator the sum of one hundred forty nine 30/100 dollars: but said administrator having shown to the court by receipts filed that one hundred forty seven 35/100 dollars has been paid to each of said distributees the said sum so paid is to be deducted from each share leaving balance due theron one & 95/100 dollars each and for which balance of 1.95 execution may issue in favor of each of said distributee. And the said J.H. Barnes having in his possession the sum of thirty dollars belonging to the estate of Eliza Ham deceased who was the mother of the said five grand children herein above named, which he requests shall be added to their share herein and distributed equally among themwhich said sum of thirty dollars being aded to their share 149.30 + 30.00 makes 179.30/5=35.86 for each and the said Harvey Gartman one of said children being over 21 years of age it is adjudged and decreed that the said Harvey Gartman have and recover of said Administrator the sum of thirty five & 86/100 dollars his full distributive share including the ($30.00) added, but the Administrator havving shown by receipts filed that $29.47 has been paid said Harvey Gartman leaving a balance due of $6.39 and for which balance execution may issue. It is further adjudged and decreed that Denver Ham do have and recover the sum of thirty five & 86/100 dollars his distributive share including the added amount to be paid him when of age to receive same or to his guardian when duly qualified and made known, for his use - Amount of this decree remitted to Denver Ham at Anson Texas by check on Ala State Bank & Trust Co $35.86 this Nov 26 1914 Attest H.M. Bell Received of E.P. Goodwin Judge of Probate Duplicate check for $35.86 amt of this decree this 13 July 1915. H.C. Ham It is further adjudged and decreed that Banks Ham do have and recover $35.86 his share including added amt., to be paid him when of age to receive same or to his guardian when duly qualified & made known for his use. I hereby allege that Banks Ham is now over 18 years old and acknowledge the receipt of check covering amt of this decree This 13 July 1915 H.C. Ham father of Banks Ham It is further adjudged and decreed that Austin Ham do have and recover $35.86 his share including added amt to be paid him when of full age to receive same or to his guardian for his use, when duly qualified and made known. I hererby allege that Austin Ham is now over 18 years of age and I acknowledge the receipt of a check covering amt of this decree this July 13 1915. H.C. Ham father of Austin Ham It is further adjudged and decreed that Walten Ham do have and recover $35.86 his share including added amt to be paid him when of age to receive same or to his guardian for his use, when qualified & made known. Received check from Judge E.P. Goodwin covering amt of the decree & file same with sworn statement that said Walton Ham is over 18 years old this Nov 18 1916. F.H. Ham It is further ordered that all accounts vouchers evidences and Statements on file relating to this settlement and all other paper writings on file relating to this estate be recorded. E.P. Goodwin Judge of Probate John Barnes Deceased Estate of The State of Alabama ) Probate Court Nov 3 1909 Fayette County ) In the matter of the estate of John Barnes Deceased To the Hon E.P. Goodwin Judge of Probate The undersigned J.H. Barnes Administrator of the estate of John Barnes deceased would respectfully submit to the court the following report of his acts and doings as such administrator for final settlement of said estate from May 30 1904 to Nov 3 1909 He charges himself as follows to wit: Date Record Items of Receipts Amount Received Sale of Homestead to Murray Stewart 105 acres 525.00 45 acres & 1/2 interest in Mill to Murray Stewart 130.00 40 acres sold to S.E. Barnes 45.00 40 acres sold to R.F. Wheeler 40.00 Farming tools 16.55 BlackSmith tools 10.05 3 Bee Stands 3.95 Household Goods 28.45 Hogs 41.45 1 mule 68.00 1 Wagon and Harness 14.50 1 Cow 15.10 1 Heifer 5.25 1 Gun 3.35 J.F. Barnes note 100.00 Dan Watkins note 16.50 Burt Dollar note 35.00 John White note 44.00 W.J. Stansell and others accounts 218.50 P.L. Barnes note 250.00 1612.65 J.H. Barnes for children of Eliza Ham Deceased $30.00 (to wit: Harvey Gartman, Denver Ham, Banks Ham, Austin Ham, & Walten Ham) which is added to their shares Total amount of moneys received and collected 1612.65 Contra He asks to be credited with the following payments as per vouchers Herewith submitted Date paid For what paid out Voucher amount Number paid out Dr Graham 1 5.75 R.F. Peters 2 10.00 Burial expenses 3 19.75 Tombstone 4 14.00 Advertisement of sale of land 5 6.13 Taxes 6 7.56 Hauling Cotton 3.50 Dr Maddox 1.50 J.B. Barnes Advancement 147.35 J.H. Barnes " 147.35 Bottom line on page unreadable on my copy Mary Stewart wife of M.V. Stewart advancement 147.35 S.E. Barnes " 147.35 J.F. Barnes " 147.35 Malinda Ham wife of F.H. Ham " 147.35 Sallie Wheeler wife of Nanco Wheeler " 147.35 Catherine Barnes wife of deceased " 147.35 Harvey Gartman son of Eliza Gartman Decd " 29.47 Advertisements 7 6.44 Probate Judges fees after Probate 20.00 Sheriff fees none Guardian Ad Litem fees given Commissions allowed Admr by consent 25.00 Total amount paid out 119.63 Recapitulation Total Received $1612.65 10) 1493.02 " " $ 119.63 5)149.30 1 share Balance on hand $1493.02 29.86 1/5 " Remarks Amount of claims against the estate unpaid none All of which is respectfully submitted J.H. Barnes Administrator The State of Alabama Fayette County Before me E.P. Goodwin Judge of Probate of said County personally Appeared J.H. Barnes Administrator of the estate of John Barnes Deceased who being duly sworn makes oath that the foregoing account 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. J.H. Barnes Administrator Sworn to and subscribed before me this Nov 3 1909. E.P. Goodwin Judge of Probate The State of Alabama Fayette County J.H. Barnes Administrator of the estate of John Barnes deceased being Duly sworn makes oath that J.H. Barnes aged over 21 years residing in Fayette Alabama J.B. Barnes aged over 21 years residing in Fayette Co Alabama S.E. Barnes aged over 21 years residing in " " J.F. Barnes aged over 21 years residing in " " S.E. Reese wife of W.L. Reese aged over 21 years residing in " " Mary Stewart wife of Murray Stewart Aged over 21 years residing in " " Malinda Ham wife of F.A. Ham over 21 " " " Sallie Wheeler wife of R.F.Wheeler " " Winfield, Marion Co Ala Catherine Barnes widow of deceased " " Fayette Co Ala Harvey Gartman over 21 years of age child of Eliza Gartman (Mrs Eliza Ham decd) Fayette Co Ala Denver, Banks, Austin and Walten Ham minor heirs of Liza Ham Deceased and reside in Wood County Texas are the heirs and devisees Of said deceased according to the best of his knowledge information And belief. J.H. Barnes Administrator of the estate of John Barnes decd Sworn to and subscribed before me this Nov 3 1909 E.P. Goodwin Judge of Probate