Sherrod v. Sherrod's Administrators

20 State of Alabama. Franklin County Came personally before me William S. Thompson awaiting Justice of the peace for said county George W. Carroll, Nathan J. Houston and Edward Pearsall Commissioners appointed by the Judge of the Orphans Court, of Lawrence County to appraise the estate of Benjamin Sherrod deceased in Franklin County aforesaid who being duly sworn say on their oaths that the foregoing is a true Inventory and Appraisement just and fair of all the estate of Benjamin Sherrod decd. as shown to them by the Executors of said estate on the Chantella Plantation in said county, on the 29th day of April 1847 to the best of their skill and belief. Sworn and Subscribed before me A. J. Houston Edward Pearrsall G. W. Carroll Given under my hand and seal this 18th day of May 1847. W.G. Thompson J.P. Seal

Alabama Lawrence County personall y appraised before me Nathan J> Gallaway Justice of the County William W. Watkins and Richard Jones Executors of the last Will of Benjamin Sherrod decd and being duly sworn say that the foregoing is a true Inventory of the Estate of said decd. to the best of their Knowledge so far as has come to their hands including the property appraised in Franklin County Sworn and subscribed before me this 19th June 1847 W. W. Watkins N. J. Gallaway Justice of the Peace

State of Alabama Lawrence County I Henry A. McGhee Judge of the Probate Court of said County, Certify. that the foregoing [16?] pages is a full true and perfect transcript and exhibit of the inventory and appraisement by the Executors of the last Will and Testament of Benjamin Sherrod decd together with the Affidavit of the Executors and the Commissioners to appraise the property belonging to said Estate as of Record in my Office in Inventory Docket "?" of Orphans Court on pages 71. 72. 73. 74. 75. 76. 77. and 79

In testimony whereof I have hereunto set my hand and official Seal of said Probate Court at Office at Moulton the 8th day of February 1837 and of American Independence the 70 year H. A. McGhee Judge

Injunction The State of Alabama Northern Chancery Division, 30th District, Court holden at Moulton To any Sheriff of the State of Alabama, Greeting. William W. Watkins surviving Executor of the last Will and Testament of Benjamin Sherrod decd. having exhibited his bill in Chancery and obtained the [???], of the Hon. David G Ligon Chancellor of the Northern Chancery Division of the State of Alabama Command Henry A. McGhee Judge of Probate for the County of Lawrence and State of Alabama, that he do, strictly direct and refrain from all further proceedings in the settlement of the Estate of the said Benjamin Sherrod decd. and that he Transfer to the Chancery Court, for the 30th District , Northern Chancery Division

21 of the State of Alabama, all the Original Vouchers and papers pertaining to said Estate now in the office of the Court of Probate for said County, in a Transcript of all orders touching the same, made in said Court. Herein fail not and have you this Writ, at the Office of the Register of said Chancery Court, three days previous to the 4th Monday in April next Witness John H. Handell Register of this Chancery Court, at Office in the town of Moulton, this 25th day of January 1851. John H.Hansell Register

Petitioned Evidsd. Execute by leaving a Copy of the within, with H.A.McShee January 29th 1851 P.D.Roddy Shff Returned to the office same day P.D.Roddy Shff

Caption of Trancpt Be it remembered that at an Orphans Court began and held at the Court house in the town of Moulton on the 1st Monday in March 1847 for the County of Laurence and State of Alabama, Present the Hon. R.O.Pickett Judge of said Court, Among other things the following Orders were made and proceedings minuted, to wit.

Application to prove Hill This 9th day of March 1847 was presented by W.W.Watkins, Richard Jones and F.O.A.Sherrod an instrument of writing purporting to be the last Will and Testament of Benjamin Sherrod late of said County deceased, for Probate. It is therefore Ordered by the Court, that the 1st Monday in April next be let for the proof of said instrument , and that Subpoenas issue to any Sheriff of the State of Alabama, Commanding him to summon Jack Shackelford, John W. Compton, Willis H. Gibson and Ethelbert S.McMahan Subscribing witnesses to said Instrument to appear before the Judge of the Orphans Court at the Court house in the town of Moulton, on the said 1st Monday in April next to Answer all questions [proposed?] to them by the Court touching the same, and that he make due return according to law.

Citation to Heirs On the application of Wm.W. Watkins, Richard Jones and F.O.A.Sherrod the persons named as Executors to an Instrument of Writing purporting to be the last Will and Testament of Benj. Sherrod decd. It is Ordered by the Court, that the Citations issue to any Sheriff of the State of Alabama, Commanding him to summon Telitha Sherrod Widow of said decedent, F.O.A.Sherrod, Samuel W.Sherrod and Samuel Shackelford heirs and distributers of said Estate to appear at the Court house in the Town of Moulton on the 1st Monday in April next and show cause why said Instrument shall not be proven and admitted to Record as the last Will and Testament of said decedent.

Guard ad litem appointed Ordered by the Court that Jno M. Jackson be appointed Guardian ad litem of Benj. Sherrod Francis E.Sherrod, Alice C.Sherrod, Charles F.Sherrod, William C.Sherrod and William S.[Swoope?] Miner heirs of Benj. Sherrod late of said County decd. and that Citation issue to any Sheriff of the State of Alabama commanding him to summon him to Appear before the Judge of the Orphans Court at the Court house in the town of Moulton on the 1st Monday in April next and show Cause if he can in behalf of said Minors why an Instrument of writing purporting to be the last Will and Testament of said decedent should not be proven and admitted to Record.

22 Probate of Will The State of Alabama Orphaus Court April Term 1847. Laurence County, Present the Hon. Richard O. Pickett Judge of said Court. Whereas Frederick O.Sherrod Wm. Watkins and Richard Jones the persons named as Executors to an Instrument of Writing purporting to be the last Will and Testament of Benj. Sherrod decd. have this 5th day of April 1847. it being the 1st Monday in said month in Obediance to a former order of this Court presented said Instrument for Probate, And it appearing to the satisfaction of the Court from the Testimony of Samuel W. Shackelford that all the Adult parties in interest have had personal Notice of the Application to prove said Will, and John M. Jackson Guardian ad litem of the Miner heirs and distributees of said Estate has had legal Notice and thereupon came Jack Shackelford John W Compton two of the Subscribing Witnesses to said Instrument and Jack Shackelford and Willis H.Gibson the Subscribing witnesses to the Codicil to said Will who after being duly sworn to well and truly to Answer all questions propounded to them by the Court relative to the execution of said Will upon their Oaths do say, that Benj. Sherrod signed and sealed the Instrument to the Court shown as his last Will and Testament on the day of the date thereof in their presence and in the presence of Lucinda McLamore the Other Subscribing witness thereto who has since departed this life and that they the said Jack Shackelford and John W.Compton subscribed their names as Witnesses thereto at the request of said Testator. and in his presence and in the presence of each other [left margin] Probate of Will and the said Lucinda McLamore now deceased. And they further depose and say that the said Testator was of sound mind and disposing memory and that he was over the age of twenty one years. And that he was a Citizen of Alabama Laurence County. And the said Jack Shackelford and Willis H. Gibson two of the Subscribing Witnesses to the Codicil depose and say that the said Benj. Sherrod signed and Sealed said Instrument here to the Court shown as the Codicil of his last Will and Testament and in presence of E.S.McMahon the Other Subscribing Witness thereto; That they Subscribed their names as Witnesses thereto at his request and in his presence and in presence of each other ; They further depose and say that he was of sound mind and disposing memory; It is therefore Considered by the Court that said Instrument in writing is fully proved to be the last Will and Testament of Benj. Sherrod decd. And that it be received and Admitted to Record as such. April 5th 1847

Will I Benjamin Sherrod of Laurence County, State of Alabama do make and publish this my last Will and Testiment in manner and from following , that is to say I Will that all my Real Estate personal property and debts owing to me shall be charged with the payment of my debts, and that all the Real Estate Slaves Stock and other personal property on my several plantations shall be kept together by my Executors herein after Appointed and the said plantations shall be cultivated by my Slaves under the directions of my Executors or the survivors of them without any division of the Real Estate or other property hereby charged as aforesaid till all my debts shall have been paid out of the proceeds of the several plantations. I Will and direct that after the payment of the expenses incurred by my Executors in Cultivating the said plantations and disposing of the crops

24 a sufficient sum shall be annually paid by them to my wife Tabitha Sherrod for her liberal support and maintenance and a sufficient sum shall also be paid by them annually from the same service to the Guardian of my three children Charles Fox, William Crawford and Susan Adelade for their liberal support and education. My Executors shall also pay annually to my son Samuel from the proceeds as aforesaid] and of my several plantations a sum which shall be in their judgement sufficient support for him and his family It is also my will that during the time it may be necessary for my Executors to keep my estate together as aforesaid my wife shall be retain as exclusive possession of my dwelling house the Garden pleasure ground, and outhouses thereto attached, all the household and kitchen furniture such slaves as shall be employed by me as house tenants, at the time of my death, and my pleasure Carriage horses and driver for her use during the time aforesaid and without being liable to any change for the use of the same. at the end of the year in which the payment of all the debts due by me and chargable to my estate shall be completed I will that my real and personal property of every description be divided as hereinafter directed and uponsuch division I devise to the family of my deceased Son Felix A. M Sherrod the plantation purchased from John P. Hickman John Glass and others and know as the Pend Spring plantation Also all the horses mules, cattle, sheep, hogs, plantations utensels &c that may be upon said plantation at the time of my death, together with the following negroes (subject to the herein after provisions) to wit, Black Jim, Amory his wife, Jem, Arch, Davy, Sandy, Stephen, Sylvia, Emily, Salene and her infant child, (their children) Kizziah, Willis, Milledge, Charles, Eldad, Louisa, Lewis. Aggy, Jack, Kitty, Sylla, Gray, Sulan, Ellen, Simon, Maria, Andrew, Manuel, Ailsey, Joe, Sandy and Anderson, (sons of Harry) Judge, Sherman, Marinda, Malichi, Edmund, Betty, Roda, [Visey?], Cooper, Joe, Mary, Old Jacob, Charity, Selena, Jake, Irina , Dick, ( son of Manuel) lathan, Martha, Caroline, Delphina, Frances, Lucy,, Amor, Alfred and Ellick during the widowhood the widowhood of my daughterlaw Sarah Sharrod the property divised to my deceased son Felix A. M. Sherrod shall be kept together and managed by my Executors for the benefit of herself and children , but in the event of her marriage she is to receive a Child part of the negroes divised as aforesaid together with the household and kitchen furniture and the Carriage and horses which property shall be hers for and during her natural life provided the negroes are not removed from this State, And my Executors are to take the necessary step to receive the property for the use of the children by her first husband . The land devised for the benefit of the family of my deceased son Felix A. M. Sharrod I give to my grand sons Benjamin and Francis Edwin Sherrod to be equally divided between them when the youngest shall arrive at the age of twenty one years, the said land however, to be used for the benefit of the widow and all her children subject to the Condition before mentioned.My Grand daughter Alice Clay Sherrod shall be entitled to receive an equal portion of the negro property when she arrives at the age of twenty one years or marries, the whole property to be held and kept together for the joint benefit of the family unless the widow should marry and then for the benefit of their children . Upon the division aforesaid I will to my son Frederick O. A. Sherrod the following tracts of land lying in the County of Franklin, to wit, the

Upon the Division aforesaid I Will to my Son Frederick O. S. Sherrod the following tracts or parcels of land lying in the County of Franklin, to wit the plantation purchased of Aldridge and the Joneses about Two miles East of Tuscumbia together with all other land to be by me hereafter acquired adjoining the said plantation and also all the horses, mules, Cattle, hogs, Sheep, Wagons, Carts and plantation Utensils Tools of every discription upon said plantation at the time of my death, Also the following Negroes Namely, Mansfied, Lucy, Emely [?] and her Two Children, Dick Mansfield, Billy, Edward, Frank, Perrin, Ben, Becca, Alfred, Little Harriet, Henson, Marinda, Albert, Daniel, Robert, Almary, Milley, Cynthia, Tilla, Clician, Charles, Tyler & infant, Chito, Dick, (the Blacksmith) Marinda, Major and two Small Children, Goviner, Polly, Clarissa, Crisa, Irina, Leah, Lindsey, Mahala and Child, Sam, Charity and two Children, William, Sophy and Child, Banks, Hester, Dolly, Jack, Old Bob, Mary, Mack, Levina, Becca, Austin, Henderson, Mary, Ann, Delia, Keziah, Cyrus and his two small Children, Jesse Sam, Herburt, and Old Clara. Upon the Division aforesaid I devise and bequeath to Frederick O. A. Sherrod Samuel Shackelford and William W. Watkins or the suriviors of them the following Negroes Namely. Abram, Nelly, Elvira, Ainy, Isbell, George, Eliza, Jim Brikley, Phillis, Edie, Judge, Delia, Letty, Guy, Mary, Nancy, Abram, Robert, Missourie, Susan, Lethia, Ann, Howard, Abey Big Fanny, Felix, Lightfoot, Lewis, Lima, Majer, Arny, Rose, Wiley, Old Esther, Wyat, Margaret, and two Children, Jake, Maria, Rose, Bradford, Jacob, Caroline, Nelson, Louisa, and two Children, Milly Hennrietta, Edmund Sophia and child, Ceffie, Robert, Ann, Katy, Irna, Kitty, Horad, Stephen Sally, John Spencer, Charles and Sylvester. I also hereby direct my Executers after my death are paid to purchase a tract of land containing between Sixteen hundred and two thousand Acres, the price not to exceed twenty thousand dollars, Said land to be paid for out of the proceeds of my estate before any division is made. The plantation hereby directed to be purchased is to be stockes with horses, mules, hogs, Cattle and Sheep and furnished with the necessary plantation tools and implements and one years provision and provender by a proportional Contribution from all my other plantations, the foregoing devise and bequest I make to the said F. O. A. Sherrod, Samuel W. Shackelford and Wm W. Watkins Trust that they or the survivors of them shall keep the said land, Slaves and future increase thereof and other personal property together and employ said Slaves in the Cultivation of the plantation direccted to be purchased.

They shall take the proceeds of all the real estate and other property included in this trust and out of the same shall first pay the expenses incured in the Managment of the estate and is Causing the said planatation to be cultivated and one half of the balance of the annual proceeds they shall pay Annually to my Son Samuel W Sherrod for his maintainance and support, And the other half of the annual balances of such proceeds shall be accumulated in their hands or the hands of the Survivor of them. Should the Trustees here in appointed be of Opinion that the money directed to be paid Annually to my Son Samuel is not appropriated by him so as to secure the proper Education and maintainance of his Children that are to pay over to him only so much as shall be

[ Line 19, marginal notation. Will (appears to be written in different ink) bequest for the benefit of Samuel W. Sherrod,]