Sherrod v. Sherrod's Administrators

Index Account for annual settlement with Register 65-68 Account for final settlement with Register 69-72 Answer of Nelson adm^s to original Bill 69-72 Answer Nelson adm^s to ammended bill 94-96 Answer of Nelson adm^s to sup. Bill 96-97 Answer of Nelson to Petition for distribution 97-98 Answer of Swoope adm^s 112-113 Answer of John B Sherrod et al. 113-115 Answer of H. C. Sherrod et al. 115-117

Bill, original 1-5 Bill, am^d & Sup. 73-75 Bill, am^d 101-104

Bond, appeal, 128-129 Bond Supersdeas 129-132 Bond Supersedeas 132-134

Consent of guardians 73 Consent of guardians 110 Consent of guardians 110

Continuance 100, 134

Certificate 134

Decree for distribution 81-86 Decree for Interlocutory 99-100 Decree for pro con. 111 Decree for final 117-128 Decretal orders 80-81

Exhibit (will) 6-12 Exhibit (Inventory &e) 12-20 Exhibit "A" to sup^l Bill 76

Injunction 20-21 Inventory 57-64

Memorandum 1 Motion to set aside decree 99

Order of Reference 56-57 Order that report lie over 57 Order to confirm report 57 Order to submit cause on Swoope's petition 57 Order to rescind former order & cont^d 57 Order for annual settlement 65 Order for final settlement 68 Order to revive 73 Order to appt. guar^dn ad litem 73 Order of Reference 78 Order giving leave to amend Bill 91 Order to revive 98 Order to revive 98 Order to appt guardian ad litem 110 Order to appt guardian ad litem 110 Order to set aside decree & submit cause 112 Order for pro. con. & cont^ce & submit cause 112 Order to hold case under advisement 117

Publication, order of 109 Publication, affidavit for 109

Petition of Mrs Shakelford 54-55 Petition of Mrs Sherrods 55-56

Report of Master 57 Report of Master 78-79 Report of adm^is for distribution 86-87 Report of adm^is for distribution 87-88 Report of adm^is for sale 89-91

Summons 75, 76, 104, 105, 106, 107 & 108

Suggestion for distribution 77

Transcript from Probate Court 21-54

Memo Be it remembered that heretofore, to wit, in vacation, on the 21st day of August A.D. 1857, was determined a cause pending in the Chancery Court for the 27th District, Northern Chancery Division of the State of Alabama, as of the May Term of said court, 1857, at which the same was heard, wherein Samuel W. Shackelford and Charles F. Sherrod, administrators, de bonis non, with the will annexed of Benjamin Sherrod, decd are complainants, and the heirs, devisees and legatees of said Benjamin Sherrod, decd et al. are defendants, in the word and figures following, to wit,

Bill To the Hon. David G. Ligon, Chancellor of the Northern Division of the State of Alabama, Exercising Chancery Jurisdiction, for the thirtieth Chancery District, at Moulton in the County of Lawrence.

Humbly [Complaining?] shows to your Honor, your Orator William W. Watkins, of the said County and State, that Benjamin Sherrod late of said County, on the 2n^d day of April 1846 made his last Will and Testament in writing, under his hand and seal of that date, which was attested at his request by three subscribing witnesses, __ the said Testator, afterward, to wit, on the [blank] day of February 1847 departed this life, leaving said last Will and Testament in full fore. And afterward on the 5^th day of April 1847, said Will was propounded for Probate in the Orphans Court of said County, by Frederick O.A. Sherrod, your Orator, and one Richard Jones, who were nominated and appointed in said Will as Executors thereof, and the said Will was there duly proved, and admitted to Record, and said Executors properly qualified, according to law. __ And your Orator hereto exhibits a duly authenticated copy of said last Will and Testament and of the Order of Probate of the same, and prays, that they be taken as part of this bill, said Executors, shortly thereafter, took charge of all the Estate of said Testator, which was to be found in the State of Alabama, and made an Inventory thereof, which they Returned to the said Orphans Court, and the same property was Valued by the appraisers appointed by said court, to the total sum of [blank] and duly authenticated, Copy of all which is here exhibited and prayed to be taken as part of this Bill. Said Executors continued to discharge their joint Trust, untill the death of said Frederick O.A. Sherrod which occured about the [blank] day of November 1848. And the Resignation of said Richard Jones, about the [blank] day of [blank], when your Orator was left sole surviving Executor of said Will. since that time, your Orator has Continued to discharge his duties as said executor with an eye single to the interest of said Estate, and in pursuance of the behests of said Will, as far as he could understand them. But since the entire responsibility of said Executorship has devolved on your Orator alone in as much as said estate is very large, and great discretion is confided to his executors, some of the terms of said Will are of doubtful import, and some of them conflicting, your Orator has found himself exceedingly embarrassed, in his construction of said Will.

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2 and his discharge of his fiduciary relation to the legatees under said Will. Some of said legatees have differed from your Orator in their Interpretations of said Will, and have claimed more of him than he has full himself bound to accord to them. The persons interested a legatees or heirs in the estate of said Testator, are the widow and children of the deceased Son, Felix A.M. Sherrod, to wit, Sarah A. Sherrod, widow, Benjamin, Francis, Edwin, and Alice C. all infants, the widow and children of Frederick O.A. Sherrod, Son of the Testator, viz, Ann Sherrod, said widow, John Bolton, Frederick O., Felix and Benjamin all infants, the children of Samuel W. Sherrod, Son of Testator, viz. Henry and Walter, both infants, the widow of said testator viz. Telitha Sherrod and her children, Susan A. ( who has intermarried with Saml W. Shackleford), Charles F. Sherrod, son of Testator who is of full age , and William C. Sherrod, son of Testator an infant under twenty one years of age, and Saml G. Watkins, a step son of said Testator and of full age. Said Felix A. M. Sherrod died before said Testator and said Frederick O. A. Sherrod and said Samuel W. Sherrod have died since said Testator. William Sherrod Swoope a granson of said Testator is a legatee under his Will, departed this life since said Testator, under twenty one years of age, and intestate, leaving no wife or child or descendant of sd child. All of said legatees or heirs who are now living reside within the limits of the State of Alabama. That you Honor may be fully advised of the difficulties under which your Orator labours, he will direct your attention to certain clauses of said Will, and the questions growing out of them. It will be seen by insepcting of said Will that said Testator charges his entire property, real and personal, with the payment of his debts, and directed that all of his real estate, Slaves, Stock and other personal property on his several plantations, shall be kept together, and said plantations cultivated by his Slaves untill all his debts are paid. He also devises and bequeaths to the family of his son Felix A.M. Sherrod, to his son Federick O.A. Sherrod, to certain persons therein named in Trust for his said daughter Susan A. Shackleford, and to his sons Charles F. and William C. Sherrod, Severally and respectively, certain plantations with all the horses, mules, cattle, hogs and sheep, plantation [utensils?] on said plantation respectively at the time of said Testators death Said Testator also devises and bequeaths to Said Federick O. A. Sherrod (now decd) said Samuel W. Shackleford and your Orators nomination [unsure], and the division of them, certain slaves whose names are given and instructs his executors, after the payment of his debts and before any division of his estate, to purchase a tract of land containing between 1600. and 2000. acres at a price not exceeding %[unknown sign]20.000 dollars, to be paid for out of the proceeds of his estate, which plantation is to be stocked with horses, mules, cattle, hogs and sheep and furnished with the necessary plantation tools and implements, and one years provision and provender, by a proportionate contribution from all his other plantations; Said plantation and Slaves to be held by the persons last above named in Trust and said plantation to be cultivated by said Slaves, and one half of the [nett] amount proceeds thereof, to be paid to said Samuel W. Sherrod, son of said Testator for his maintainance and support and the other half to be accumulated in their hands and invested if they think proper in land for the benefit of the children of his said son Samuel W.. Now it is manifest, the the bequests of said Will to the other legatees therein named, of all the horses, mules, cattle, hogs, sheep , plantation tools and

Utensials on said plantations to them divided at the time of testators death are incompatable with the direction given to said executors, to purchase a plantation, and stock it with horses, mules, cattle, hogs and sheep, and furnish it with the necessary plantation tools and implements, by a proportional contribution of all the other plantations, to be held in trust by the certain persons therein named, for the benefit of his son, Samuel W. Sherrod and his family. It is further manifest, that your Orator Counsel, consistently with said bequest, or with the direction of said Testator, that his Slaves, Stock and other personal property, shall be kept together untill all his debts are paid, dispose of any said livestock, altho he believes it necessary and proper. Your Orator has found and still finds it indispensable to sell and send off Annually from said plantations some of the livestock of horses, mules, sheep and hogs as they increase by and the actual necessities of said plantation render them burthensome and expensive; In the absence of any provision in said Will, for the sale of anything, save the crops raised on said plantation, and in consideration of the Clauses of said Will, above refered to, Your Orator finds himself travelling between a sense of duty, and a want of power, under said Will. And in as much as said Samuel W. Sherrod has died since his father, said Testator, and the half of the Annual nett proceeds of said plantation will not probably be required to defray the expense of the education and maintainance of said Samuel W's children , Your Orator and his surviving Trustee will need the instructions of your Honor as to the investment of the balance on hand, at the end of each year. Said Testator directs that while his estates are kept together, and until the payment of his debts, his executors shall pay annually out of the proceeds of his several plantations, to his wife Telitha a sum sufficient for her liberal support and maintainance and to the Guardian of his three minor children, Susan A., Charles F. and William C., a sum sufficient for their liberal support and education, and to his son Samuel W. a sum sufficient for a sum sufficient for his liberal support of himself and family. No provivion is made in said Will for the education of the children of said Samuel W, (who has died since said Testator) untill the payment of the debts and division of the entire estate of said Testator. The said Charles F. has attained to the twenty-one years since the death of his father. The said Susan A intermarried Samuel W. Shackleford before Testators death, and since his death, has given birth to Ella, the daughter of said marriage. The said Susan A. claims a portion of the proceeds of said estate for the support and maintainance of her husband Samuel W. Shackleford, and their infant child, said Ella, for whom no provision is made in said Will, insisting that they stand in the same relation to Testator and are entitled to to the same equities, with the widow and children of said Felix A.M. and said Federick O. A who have obtained Decrees for their support and maintainance out of said estate in your Hon. Court. Your Orator desires the instruction of your Honor, as to what sums, if any, shall be paid for the support and maintainance of said Samuel W. Shackleford and said infant Ella, and for the education as well as support of the infant children of said Samuel W. Sherrod, and what sums shall be paid for the support and maintainance of the said Telitha, widow of said Testator and for the support and educationof said sons, Charles F. and William C., sons of said Testator.

4 Testator charges the real and personal estate devised & bequeathed to his children, Susan A. Charles F. and William C. respectively, with the payment to his wife annually during her life, of the one forth part of the Nett pro ceeds thereof. What is the impact of the term, Nett proceeds, or, in other words, what expenses of said several estates shall be deducted, before the One fourth of the Nett proceeds of each of said estates, shall be applied to the benefit of the widow of said Testator, is a question which said legatees, and expecially your Orator is desirous should be settled by a decree of your Honor.

Said Will is silent as to whether sums paid annually by said Executors, to the several legatees, shall be charged against them,and accounted for, in the final settlement and division of said estate, and your Oratores ignorant of his duty on this point.

Testater gives to his Grand Son William S. Swoope all his Old Sterling plats, certain negroes by name and 3,000 dollars, placed at his birth in the hands of his father to be kept at interest untill he attain to the years of twenty one years, and directs, that should he die, leaving a widow and Child, nor decendant of a child, then, she shall have of said bequest, what the law of Alabama, would entitle her to, were said Will iam S. seized and possessed of the same in fee simple, and the three oldest sons of Testator, or their families shall have the balance. Said William S. has died since said Testator an infant and intestate, leaving no widow or, child nor decendant of any child, and neither parent nor brother nor Sister of the whole blood, nor the decendants of any such brother or Sister living, but has left two sisters of the half blood and two brothers. Children of his deceased father said Jacob K. Swoope, by a second marriage.

Your Orator has not taken possession of the 3,000 dollars nor the interest accumulated thereon. He desires the instruction of your Honor as to whether he shall take steps to recover of the personal representation of said Jacob K. Swoope deceased, said sum of 3,000 dollars and interest thereon, and what interest, whether simple or compounded, he shall enact, and also, to and among whom, he shall distribute said property bequeathed to said William S. Swoope decd.

Your Orator has found it necessary to dispose of one of the Slaves of said estate, by name Sindry, Specifically bequeathed to said Frederick O. A. Sherrod deceased, in consequence of his crimes and vicious propensities, which endangered the property on the plantation where he was placed. We sold him on condition of his removal beyond the limits of Ala bama, without any Order of said Probate Court for the sum of 900 dollars. He prays your Honor to ratify said Sale, or if unempowered so to do, to ascer tain and assess the Value of said Slave and to charge your Orator therewith.

A large portion of said estate is divided and bequeathed to your Orator and others [nomination], in trust for the benefit of certain persons therein named for the Management of which, your Orator desires the direction of your Honor.

Said testator died leaving a large amount of debts due from him some of which have been extinguished by his executors and an extension of the time of payment of others obtained from his creditors, and your Orator hopes to be able to liquidate all of said debts within the next two or three years,