Will of Jethro Barnes, Fayette & Greene, Alabama =============================================================================== USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Martha Barnes ================================================================================ July 1998 (Will) p. #? Jethro Barnes deceased Estate of The State of Alabama ) Green (Fayette-struckthrough) County ) I Jethro Barnes of the County of Fayette and and State of Alabama do make publish and declare this to be my last will and testament Item 1 It is my will and desire that my executor and executrix hereinafter named, as Soon after my death as practicable pay all my Just debts and funeral expenses out of the Monis made by me this my present trip to Green County where I now am Item 2 I give and bequeath to my son Jesse Barnes the sum of eight hundred Dollars (800.00) I give and bequeath to my son John Barnes the sum of eleven hundred (1100.00) I give and bequeath to my son Eduard Barnes the sum of one thousand ($1000.00) to be paid to them out of Such funds & in the manner hereinafter described & the Said Sums when paid to them, shall with what property and assistance the have heretofore received from me be in full of their portion of my estate Item 3 I give devise and bequeath to my wife Louisa Barnes all my lands negroes horses oxen & stock of every kind & description & my blacksmith tools & farming tools for and during the term of her natural life or widowhood for the Support and education of my children by her Item 4th I will & bequeath to my son Jethro Barnes my negro boy named Lewis. I will and bequeath to my son James Barnes my negro woman named Allis. I will and bequeath to my son Berry Barnes my negro boy named Dace. I will and bequeath to my daughter Elizabeth Barnes my negro boy named George. I will & bequeath to my daughter Sara Barnes my negro boy named Andy. I will and Bequeath to my Daughter Harriet my negro girl named Lidia or Liddy. I will and bequeath to my daughter Amanda Barnes my negro boy called Bob. All the bequest of negroes In this Item named to take effect upon the death or intermarriage of my wife Louisa Barnes. Item 5th It is my will and devise that upon the death or intermarriage of my said wife sin disinterested person residing in the neighberhood where I now reside Shall be appointed by the Judge of Probate of Court of Said Fayette County who Shall value the several negroes bequeathed in this last item (4) & If any of Said negroes should be inferior in value to the other I desire that the deficiency in value be made good to the child or children owning Such inferior negro or negroes in money So that in the Division of negroes I have made among them they Shall be made equal as nearly as possible. And If any of the negroes above specifically bequeathed Should die before coming into the possession of the child or children to whom said negro or negroes are bequeathed It is my will & desire that the negro or negroes So dying be made good to the child or children to whom bequeathed (cut off by bottom of page) p. 40 - Jethro Barnes Estate of In the division of said negroes Item 6th It is my will and desire that my executor and executrix shall pay over to my sons Jesse John and Eduard Barnes the Several Sums Specifically bequeathed to them in item 2 out of any monies which may be on hand after the payment of my Just debts & funeral expenses or which may be(struckthrough) come into their hands upon debts now owing to me & as fast as the Monies come into her hand But If my Said Sons will do so & I hereby request that they will my executor and executrix may pay them the money bequests I have made to them by transferring to them the Notes now held by me on other persons or so many of said notes as may be Sufficient to discharge Said bequests. Item 7th It is my will and desire that upon the death of my wife all the property herein above bequeathed and devised to her during her life or widowhood & not herein otherwise disposed of Shall be Sold & the proceeds thereof divided equally among my children by the Said Louisa Barnes which Said Item(struckthrough) Children are all named in Item 4 Item 8 I hereby nominate constitute and appoint my wife Louisa Barnes as the executrix & Abram Howton Executor of this my last will and testament In testimony whereof I have hereunto put my hand affixed My Seal this 3 day of January AD 1861 ) Executed (Ins???) in Item 1 line 1st ) Jethro (his X mark) Barnes In line 1st Item 6 & line 10 of Item 6 ) & my blacksmith tools & farming utensil ) Inserted in line 3. Item 3 Abram Howton as executor) Inserted in line 2 Item 8 & George in the ) 1st line and give in 3 line from top of 2 page ) erased; before the signing sealing of this will ) filed for which was. Signed with his mark sealed ) probate 28 published and declared by the Jethro Barnes ) Jany 1861 as his last will and testament in our ) presence and attested by us in his presence ) and the presence of each other the day and ) date above written J. R. Ward ) Jos M. Hall Jr ) E Morgan ) The State of Alabama ) Fayette(struckthrough) Green County )I William C. Oliver Judge of the Probate Court of Said County By Virtue of the anexed commission to Me directed from the Honorable the Probate Court of Fayette County I have caused Dr James R. Ward who is personally known to me to come before me at my office in the town of Eutaw In the County of Green on this the 19th day of February 1861 for the purpose of taking his deposition in the matter of the Probating of the will of Jethro Barnes deceased late of said(struckthrough) Fayette County Ala. In behalf of Louisa Barnes and Abram Howton pro(?) to be read as evidence in the matter (cut off by bottom of page) Probate Court of Fayette Minute Probate Court New Series 3 Fayette Co. pp. 401-416 p. 401 Jethro Barrens deceased Estate of The State of Alabama ) January 28 1861 Fayette County ) To the Honorable the Probate Court of said county the Petitioner of Abram Houton Respectfully represents unto your honor that the late Jethro Barrns who was an inhabitant of this county at the time of his death departed this life on the fifth day of January 1861 near the town of Eutaw Ala leaving a last will and testament duly signed and published by him and attested by J R Ward Practicing Physian and Joseph W Hall Jr and E Morgan all of whom reside in Green County Alabama In which your petitioner (?????) in which said will is herewith produced to your Honor and pro(???) for Porbate and record in this court your Petitioner further states that the widow of said decent. is Louisa Barnes who resides in this county and that the next of kin of said p. 402 - Jethro Barnes deceased Estate of decedent are his children Jesse John Edwin Barnes who are of full age and Jethro and James and Berry who are minors over fourteen years and Elizabeth Sarah Harriet & Amanda Barnes who are minors under fourteen years of age and reside with their Mother In this county and also all the others both those that are minors and they that are of full age are also Residents of this County Petitioner further States that said heirs are all of sound mind. In consid- eration of all of which your petitioner prays that a day may be set for hearing of the Matter of this petitioner and that a commission may be issued to some suitable person to take the Deposition of the said J R Ward Practicing Physician in Green County Ala. who is a subscribing witness to said Will in accordance with the statue in such cases made and your petitioner would petitioner would recommend as a suitable person to be commissioned William C Oliver of Eutaw Ala to take the Deposition of Said Ward subscribing witness in proof of said will and that due notice of this application may be given of this application to said widow and next of kin of said deceased and that such other proceedings orders and decrees may be had and made in the (?) as may be requisite and proper to effect the due Probate and record of said will according to (??????) pray & subscribed and sworn to before me this 28 January 1861 Attest B H Williams Judge ) of Probate ) Abram Howton The State of Alabama ) To B H Williams Judge of Probate Fayette County ) of said County I Louisa Barnes widow of Jethrow Barnes Late of said County deceasaed and one of the persons named in the last will and testament of said deceased to be executrix thereof which has been Probated and recorded in said court do hereby renounce the office and trust confided to me in and by said will and all right to Letter testamentary upon the same and pray that this my renunciation may be duly entered of Record In your Honorable Court this 2 March 1861 Attest B H Williams Louisa (her X mark) Barnes (seal) Judge of Probate The State of Alabama ) Probate Court 28th day of January Fayette County ) 1861. Jethro Barnes Deceased Estate of To any Sheriff of the State of Alabama Greeting you are hereby commanded to summons Louisa Barnes widow of said deceased and Jesse Barnes John & Edwin Barnes who are heirs of said deceased who are of full of age to appear before the Probate Court of said County on the 25th day of February 1861. Then and there to contest the application of Abram Howton who hath filed (???????) p.403 - Jethro Barnes deceased Estate of Instrument In said court purporting to be the last will and testament of Jethro Barnes late of said county deceased heirs fail not and have you then and there this writ? with your proper endorsement thereon Witness B H Williams Judge of Probate at office at Fayette C H January 28 1861. B H Williams Judge of Probate We whose names appear to the within notice acknowledge legal Service of the within by a receipt of a copy thereof 6 of Feb 1861 John (his X mark) Barnes Edwin (his X mark) Barnes Jesse Barnes Louisa (her mark) Barnes Abram Howton Probate Court January 29th 1861 The State of Alabama Fayette County To Jesse Barnes John Barnes Edwin Barnes and Alexander Cob Guardian ad litem for the minor heirs of Jethro Barnes deceased please take notice that we have this day filed in the office of the Probate Court of Said County the following Interrogatories to be propounded to J R Ward a Physician Residing in Green County Alabama the answers to said Interrogatories when taken will be used in the Probating of the last will of Jethro Barnes deceased you will further take Notice that William C Oliver Esqr will be appointed to take the testimony Interogatory 1st Was you or not -- one of the subscribing witnesses to the last will and testament of Jethro Barnes deceased Int. 2 please state If you are the Physician that attended him (Jethro Barnes) In his last Sickness the condition of his (Barnes) mind at the time he signed his will Int. 3 please state whether said will was read to said Barnes by any one In your presence Int 4th Please state whether or not said Barnes signed his name to his will in full or merely by making his (?) mark Int 5 please State (If you were one of the subscribing witnesses & please answer your answer to the will you witness Int. 6 please State all you know that will benefit the probate of said will Louisa Barnes & Abram Howton for the probate of the will p. 404 - Jethro Barrens deceased Estate of Jethro Barnes deceased Estate of Probate Court the 9th day of February 1861 In the Matter of the Probate of the last will and testament of Said deceased. Abram Howton having filed in this court an application for the Probate of an Instrument of writing purporting to the last will and testament of Said deceased It is therefore ordered by the court that Alexander Cobb Esqr be and he is hereby appointed Guardian ad litem for and to protectect the interest of the minor heirs of said Deceased upon the hearing of said application this is therefore to Notify you of Said appointment and that the 25th day of this instant is set to hear and determine the same and to further Notify you of the filling of the Interrogatories by Said applicant to take the testimony by Deposition of J R Ward practicing physician of Green County Alabama who is alledged to be a subscribing Witness to said will commission will Issue to W J Oliver of Eutaw Alabama after ten days notice of this is served upon you given under my hand this 9th February 1861 B H Williams Judge of Probate I hereby accept the within appointment and acknowledge Legal service of the within Notice this 9th February 1861 Alex Cobb The State of Alabama ) Fayette County ) Probate Court of Said County To Louisa Barnes widow and Jesse Barnes John and Edwin sons of Jethro Barnes Late of Said County deceased Please to take Notice that Abram Howton has filed Interrogatories In Said court to be propounded to William C Oliver of Eutaw to Examine J R Ward of Green County Alabama as a witness to make proof of the Execution of the last will and Testament of said deceased) he being one of the Subscribe witnesses to said will which Interrogatories will remain on file ten days after service of this Notice upon your (?) which time you can file cross Interrogatories If you think proper Witness B H Williams Judge of said court at office at Fayette Courthouse Alabama this 29th day of January 1861 B H Williams Judge of Probate We acknowledge service of the within by receipt of A copy 6th February 1861 Abram Howton The State of Alabama ) Fayette County ) Probate Court of Said County 16th day of January(struckthrough) February 1861. In the matter of the application of Abram Howton for the Probate of the last will and testament of Jethro Barnes Late of Said County deceased To William C Oliver Judge of Probate of Green County p.405 - Jethro Barnes deceased Estate of of your prudence and fidelity have appointed you and by these presents do give you full power and authority to examine J R Ward (Physician) of your County as a witness In a cause or proceeding now pending in our Said Court entitled as is Set forth in the caption hereof and therefore we command you that you do cause the said J R Ward to come before you and then and there examine Said Ward on oath as a witness in the cause aforesaid upon the annexed direct Interrogatories and that you do take such examination and cause the same to be reduced to writing and return the same annexed to this writ closed up under your seal unto our said Probate Court with all convenient speed. Witness B H Williams Judge of Probate at office this 16th day of February 1861 B H Williams Judge Probate Court January 29th 1861 The State of Alabama ) Fayette County ) To Jesse Barnes John Barnes Edwin Barnes and Alex Cobb Guardian ad Litem for the minor heirs of Jethro Barnes deceased please take Notice that we have this day filed in the office of the Probate Court of said County the following Interrogatories to be propounded to J R Ward a Physician Practicing in Green County Alabama the answers to said Interrogatories when taken will be used in evidence on the Probating of the last will and testament of Jethro Barnes deceased you will further take Notice that William C Oliver Esqr will be appointed to take the testimony Inter. 1st was you or not one of the subscribing witnesses to the last will and testament of Jethro Barnes deced Int. 2 please State If you are the Physician that attended him said Barnes in his last sickness the condition of his said Barnes Mind at the time he Signed his will Int 3. Please state whether said will was read to said Barnes by any one in your presence Int 4th Please state whether or not said Barnes signed his name to the will in full or merely made his mark therto Int 5th Please State If you was one of the subscribing witnesses to the will and the Names of the other witnesses please annex your answer If the will prescribed to to you is the one you witnessed Int 6. Please State all you Know that will benefit the Probate of said will Louisa Barnes Abram Howton executor of said will B H Williams Judge of Probate ) p.408 - Jethro Barnes deceased Estate of first duly Sworn and charged by me to speak and write the truth the whole truth and nothing but the truth in the promises deposes says and writs in his own hand writing In answer to said Interrogatories hereunto attached as follows to wit on the proceeding pages Answer to Int 1st I was Int 2nd I was his attending Physician in his last illness At the time the said Barnes signed the will his mind was perfectly clear In fact during his whole sickness up to the moment of his death he retained all the faculties of his mind 3 The will was not read in my hearing entirely I think some portion of it was read 4 The said Barnes did not sign his name in full but made his mark as represented in the will 5th I was one of the Witnesses to the will J W Hall Jr And E Morgan were the other witnesses the will presented to me was the one signed by Mr Barnes in the presence of myself and the other two subscribing witnesses and it is the will that I witnessed in presence of said Barnes Furthermore the said Barnes stated at the time of signing that was his will which will is hereto attached 6th I was called to the residence of Mr. Jos. W Hall Jr who is a citizen of Green County State of Alabama to see Mr Barnes Professionally. On the 30th Dec AD 1860 and was introduced to him by Mr Jos. W Hall Jr on the 31st the day following Mr Barnes stated to me and Mr Hall that he wanted to make his will on the 1st and 2nd of January he was better On the third his disease assumed a serious character of which fact I apprised him Whereupon he requested me on my return to town send a laawer out to draw his will I would Judge the said Barnes to be about fifty years old and from the conversation Held with him during his last illness I would say that he was a man of good sense and that he posesed a Strong mind James R Ward I William C Oliver commissioner and Judge of the Probate Court of Green County hereby certify that the above and foregoing deposition of James R Ward was taken at the time and placed mentioned in the caption (to be used in the case mentioned in the commission) after the deponent had been sworn and I further certify that the said deponent (cut off by bottom of page) p.409 - Jethro Barnes deceased Estate of and Signed. I further certify that his answers as above are in his own hand writing and language as written down by himself and signed in my presence under oath and further certify that the said deposition was not out of My posesion until the same was sealed up and directed to the Honorable B H Williams Judge of Probate Court of Fayette County Alabama Given under my hand and seal this the 19th day of February 1861 Probate Court Green County (seal) William C Oliver com and Judge of Probate The State of Alabama ) Probate Court of Said County To The Honorable Fayette County ) the Probate Court of Said County Your Petitioner Abram Howton respectfully represents unto your Honor that he is the person named in the will of Jethro Barnes deceased and late of said county to execute the trust and purpose thereof and that said will has been duly proven and admited to record in this court and Louisa Barnes who is the widow of said deceased and who was also appointed as executrix of Said Estate who has filed her renunciation in the court of her right to administer or execute said will for a correct statement as to the residence of the widow of said testator (????????????????) with the name ages and residence and condition of the next of kin heirs and Legatees of Said testator So far as the same is known to him your petitioner further Shows that he is of the age of 21 years and upwards that he is an Inhabitant of this State and is now willing to take upon himself the trust Intended to be confided to him by said Testator and that he is prepared to give the necessary bond and Security as your Honor shall direct and require he further States that to the best of his knowledge and belief the value of said Estate both real and Personal property of all kinds does not exceed the sum of fifteen thousand May It please your honor therefore to permit your petitioner to qualify in this court as the Executor of said Estate(struckthrough) will. as was the intent of said testator and as is duty bound will (???) Pray ? sworn to and subscribed before me this 5th March 1861. Attest B H Williams Judge ) of Probate ) Abram Howton Executor The State of Alabama ) Fayette County ) Know all men by these that we Abram Howton principal Uriah Holiman John Barnes Edwin Barnes Jr Edwin Barnes Senr E W Lawrence Jesse Barnes and Alexander Cobb Securities are held and firmly bound into B H Williams Judge of Probate Court of said county and his successors in office in the (???) sum of thirty thousand dollars the p.410 - Jethro Barnes deceased Estate of Seals and dated this 5th day of March 1861 In the year of our Lord one thousand eight hundred and sixty one The condition of the above obligation is such that whereas the above bound Abram Howton has been duly appointed Executor of the last will and testament of Jethro Barnes and of Said court deceased. Now If the said Abram Howton shall well and truly perform all the duties which are or may be required of him as such Executor by law then this obligation to be void otherwise remains in full force and effect - Virtue (seal) (?) 5th of March 1861 Uriah Holiman (seal) B H Williams Judge of Probate John X Barnes (seal) Edwin X Barnes Jr (seal) Edwin X Barnes Sr (seal) E W Lawrence (seal) Jesse Barnes (seal) Alexander Cobb (seal) The State of Alabama ) Fayette County ) I Levy H Smith (?) acting Justice of the peace in and for said County hereby certify that John Barnes Edwin Barnes Jr Edwin Barnes Sr and E W Lawrence whose name appears to the bond of Abram Howton (?) executor to the last will and testament of Jethro Barnes of said county deceased was duly signed in my presence on the 4th day of March eighteen hundred and sixty one Levy H Smith J P The State of Alabama ) Fayette County ) Jethro Barnes Estate Letter Testamentary. Probate Court February Term 5th March 1861 Be it known. that on this day the 5th day of March AD 1861 Before the Probate Court of Fayette County the last will and testament of Jethro Barnes late of said county deceased was previously duly filed(struckthrough) proved before Said Court and by said court duly admited to Probate and it appearing to the satisfaction of said court that the said Jethro Barnes deceased left goods and chattles rights and credits suitable to be administered under said will and that Abram Howton has after citation duly Issued according to law given bond and security as the law directs. Therefore it is insured(struckthrough) certified that administration of all and singular the goods and chattles rights and credits of the Said Jethro Barnes deceased any way concerning his last will and testament has by the said court committed to the said Abram Howton In the said last will and testament of the said Abram(struckthrough) Howton(struckthrough) Jethro Barnes named and appointed and that by virtue thereof the said Abram Howton hath full power and authority to do all such acts and perform all such (???????cut off by bottom of page?) p. 411 - Jethro Barnes deceased Estate of and testament of the said Jethro Barnes might and can Legally do and perform Witness B H Williams Judge of Probate Court of Fayette County this 5th March 1861 B H Williams Judge of Probate The State of Alabama ) Fayette County ) Probate Court of said county 5th March 1861 this day came Abram Howton and filed his petition in said court praying that letters Testamentary of said Estate shall be granted to him and the court having examined said petition in all its bearing and being Satisfied that the Statement and proof exebeted Justified the Granting of Letter as aforesaid and the court having made an order to that effect and issued Letters accordinly It is further ordered that said Howton as executor aforesaid proceed to make out and inventory of said Estate and report to this court at as early a day as practible and that E W Lawrence and James T Collins and Stephen Hankins be appointed and they are hereby appointed appraisers to Make such appraisment under oath and Said Executor to return the same to this court at as early a day as possible given under my hand at office this the 5th March 1861 B H Williams Judge of Probate The State of Alabama ) Fayette County ) A list of the goods and chattles March 8th 1861 Rights and credits of the Estate of Jethro Barnes Deceased 18 head of cattle praised at/$6.50 per head 117.00 1 yoke of stears $65.00 65.00 1 " " " $50.00 50.00 24 head of cattle at $7.00 per head 168.00 8 " " " 77.00 4 " " " 30.00 4 steers at 55 55.00 7 head of cattle 49.00 4 " " " at ( J Barnes) 28.00 21 " of hogs 79.00 2 sows and 13 shoats 23.00 12 head of sheep @ 15.00 10 " of hogs at 70.00 2 sows and 7 pigs 12.00 1 cow and yearlin 15.00 1 sorrel horse 80.00 1 brown horse at 95.00 1 mare and colt 190.00 1 bay horse at 115.00 1 poney horse 70.00 (?) 55.00 p. 412 - Jethro Barnes deceased Estate of 2 sows and 12 Shoats 19.00 25 beef hides 75.00 1 small waggon and riggin 55.00 1 large waggon and geariny 75.00 1 set black smelth tool 42.00 1 lot plows at 8.00 1 lot of farming tools 10.00 3 set of plow gears 6.50 1 cross cut 1 hand saw and sundry articles 12.00 4 bee gums 5.00 1 loom and weaving utensil 3.50 1 sythe and cradle 3.50 1 lot of saddles at 23.00 1 lot of guns at 20 20.00 3 beds and furniture 90.00 12 spinning wheels at 4.00 2 beds and covering 50.00 1 lot of barrells 1.00 1 lot of leather 7.00 2 tables 1 chest 1 cubbered 1 half bushel 12.00 1 lot of cooking tools 2.00 2 wash pots 6.00 1 small dinner pot .80 1 lot of jars 4.00 2 hundred H of tallow 20.00 3 barrels 1.00 2 " .50 10 head of cattle 70.00 One negro woman named Alley 1150.00 " " Boy named Lewis 1100.00 " " " " Dave x200.00 " " " " George 900.00 " " " " Andy 800.00 " " Girl named Liddy 700.00 " " Boy " Bob 300.00 List of all good notes 6150.00 one note on W M Spence 16.00 " " " John S Brock cr with 50/$ 28 March 1861 74.00 one " " Josiah Anderson 35.00 " " " I C Smith 37.00 " " " John S Brock 25.00 " " " Elizabeth H West 30.00 " " " John E Graves credit (?) 30.00 " " " Solomon Smith 102.00 " " " Allen Garrett Jr 42.00 " " " Jerry Guin 12.00 " " " J F Shaw 7.50 " " " L G (?) ??? page 413 - Jethro Barnes deceased Estate of 1 Note on Michael Guin 14.67 " " " Jeremiah Guin 15.00 " " " Nancy Guin 21.00 " " " Daris Taylor 27.00 " " " H T Allen 60.00 " " " William Lee 12.00 " " " William A Scott 36.00 " " " M L Lindsey 30.00 " " " James Black 41.00 " " " I C Smith 19.00 " " " I C Smith 50.00 " " " L H Smith 7.00 " " " Asa Guin 25.00 " " " James F Yearly 37.00 " " " James F Yearly 38.00 " " " A E Foster credit 225 20.00 " " " James M Cochran 40.00 " " " E A West 70.00 " " " Asa Guin 16.00 " " " A A Summers 130.00 " " " James W Price 4.80 " " " James H Butler 45.00 " " " Phillip Wood 14.00 " " " B W Young 120.00 " " " Uriah Holiman 60.00 " " " George A Graves 14.00 " " " I I Scott 22.00 " " " W W Walthrup 12.00 " " " Andrew Johnson 13.50 " " " Mathew Davis 18.00 " " " I M Yearly 36.00 " " " E G Childs 150.00 " " " Delilah Cuningham 4.48 " " " Josiah Anderson 15.00 " " " George A Graves (?) 7.17 " " " J? Watson 24.00 " " " John C Moon 178.50 " " " receipt on John Porter 20.00 " " " on Newton Otts 9.28 2,391 Doutful Notes " " " Decatur Hider 37.37 " " " John Buckner 9.00 " " " Jesse Porter 28.12 " " " Wesley Dodson 14.84 " " " W F Hilburn 25.00 " " " B F Price 10.00 " " " Lewis F Dennington 14.00 " " " W B Holland cr 26.48 41.47 " " " William Johnson Sr cr 7.25 18.00 p. 414 - Jethro Barnes deceased Estate of 1 state ticket 4.50 1 note on Newton Otts 9.30 " " " T W Byers credit 10/$ 14.00 " " " Henry Butler 8.17 " " " Jonas N Dodson 30.00 " " " W G Abernathy 120.00 1 acct on Spencer Bobo 11.00 " " " William Price 65.00 " " " Lewis Densington 15.00 " " " Solomon Smith Sr 10.00 " " " John E Graves 5.00 " " " John Buckner 11.00 " " " Jackson Maddex 4.00 Money on hand 31.00 one lot of leather 70.00 James T Collins Stephen Hankins E W Lawrence The State of Alabama ) Fayette County ) Probate Court 9 March 1861 Jethro Barnes deceased Estate of This day came Abram Howton Executor in this court of said Estate and being by me duly sworn states the the inventory herewith returned to him is full and complete as to the goods and chattles debts and money of the testator which have come to his knowledge or possession ready for return Abram Howton Exec Sworn to and subscribed before me 9th March 1861 B H Williams Judge of Probate The State of Alabama ) Probate Court of said county Fayette County ) 25 day of May 1861. Jethro Barnes deceased Estate of To the Honorable the Probate Court of said county the Petition of Abram Howton the Executor of the last will and testament of said deceased respectfully represents unto your court that he is duly appointed by your court executor as aforesaid of said Estate that by said will certain amounts therein specified was to be paid to the three oldest sons of said deceased either in Notes on hands or in Money collected out of said Notes and that all his just debts funeral Expenses he paid out of the same together with the money made by the trip of said deceased to Eutaw Alabama all of which means nearly has been expended? so near so that it appears that the means to be devised from the Notes and debts of will not(struckthrough) fall short of paying off said three oldest sons the amt the will gives them expressly by about the sum of five hundred Dollars and (cut off by bottom of page) p. 415 - Jethro Barnes deceased Estate of to sell a portion of the stock cattle one horse one set of Black smith tools an other articles to tedious to mention. Petitioner therefore respectfully asks that such spe(?) may be taken in the (?) and such orders and decrees be had and made as will authorise petitioner to sell said stock & as before named for the purpose herein set forth and as is duty bound will (?) Pray & sworn to and subscribe before me this 25th day of May 1861 B H Williams Judge ) Abram Howton Exc of Probate ) State of Alabama ) Fayette County ) Probate Court of said county 25 May 1861 Jethro Barnes deceased Estate of Application for sale of property This day came Abram Howton executor of the last will and testament of said deceased and filed his application In writing and under oath praying for an order to sell certain property therein named on the grounds that there was not means enough on hands to pay the heirs the amount required to be paid to them by the will of said deceased and it appearing to the satisfaction of the court that said application and Statement there were sustained by proof from the papers on file In said Estate It is therefore ordered by the court that said executor proceed to sell said property there specified at the late residence of said deceased after giving at least three weeks notice of the time and place of said sale as well as the terms thereof and secure the purchase money by taking notes with approved security for the same property to be sold on a credit of twelve months until the 1st March 1862 and that said (?) make and return a report of said sale within thirty days from said sale to this court properly verified as the law directs Attest B H Williams Judge of Probate State of Alabama ) Fayette County ) June 22 1861 A List of property sold at the late residence of Jethrow Barnes Decd 1 white cow and calf J C Smith 16.25 1 red " " " " 11.10 1 white speckled cow W W Mattox 20.00 1 pided cow Edwin Barnes Jr 12.25 1 pided cow & calf William Price 15.50 1 red cow and yearlin Edwin Barnes Jr 13.25 1 heifer " 8.00 1 Black yearlin " 4.25 1 pided cow and yearlin Tilman Bobo 16.50 2 small stears B J Guin 19.10 1 Dun cow and calf Burell Brown 29.55 1 red speckled cow and yearlin " 13.00 1 black cow and calf William Price 16.?? p. 416 - Jethro Barnes deceased Estate of 1 brindle cow and yearlin John Barnes 18.75 1 Dun cow & yearlin Burrell Brown 20.00 1 white cow & calf Rias Brown 18.00 1 black cow and yearlin Edwin Barnes Jr 11.00 1 Beef steer " 15.10 1 red sided steer Reubin Price 8.50 1 red steer Edwin Barnes Jr 15.75 1 yellow steer C C Moore 13.60 1 yoke of oxen Edwin Barnes Jr 39.50 1 cow Rias Brown 10.00 1 Brown horse John Barnes 72.00 1 set of Blacksmith tools Jesse Barnes 40.75 1 brittish Musket B I Guin 2.00 1 rifle Gun John Barnes 8.55 1 sorrel horse John Barnes 80.50 1 Feather Bed Edwin Barnes 18.50 1 side of leather John E Graves 1.75 1 " B I Guin 2.15 1 " G D Guin 2.65 1 " Wilis Howton 2.00 1 " J N Yearly 2.50 1 " William Goza 2.60 1 " Willis Howton 1.85 1 " " 1.30 1 " G D. Guin 2.70 15 H Tallow @ 10c Jesse Barnes 1.65 15 " " 10c John E Graves 1.50 15 " " 10c Edwin Barnes 1.50 15 " " 10 1/4c W W Mattox 1.52 1/2 15 " " 10c S H Hankins 1.50 15 " " 10c Edwin Barnes 1.50 15 " " " " 1.50 15 " " " " 1.50 15 " " " " 1.50 15 " " 10 1/4c " 1.52 1/2 15 " " " " 1.50 $ 636.46 We certify that the above is a true list of the property sold as belong to the Estate of Jethro Barnes Deceased on the day and date above L H Smith and J T Collins clerks State of Alabama ) Fayette County ) Personally came before me B H Williams Judge of Probate in and for said county A Howton executor of Jethro Barnes deceased and in filing the above report states on oath that the same is correct and true sworn to & subscribed before me this the 1st July 1861. B H Williams ) Abram Howton Exc Judge of Probate ) Probate Court Minutes New Series p. 408 - Jethro Barnes Estate Probate Court of said County Special Term the 15th day of August AD 1867 This being the day set to hear and process upon the document heretofore filed by Abram Howton executor of the last will and Testament of Jethro Barnes deceased for a final Settlement of his Admin istration or executorship of said will.(he tendering his resignation herewith) Now comes the Said Howton and warns the Court to proceed with such settlement and that such acpt. be processed and allowed, and it appearing to the Court from proper evidence that due notice of the time and nature of this settlement has been given by publication for three successive weeks in the Southern Watchman a newspaper published in said County, and E. P. Jones who was heretofore appointed to act as guardian ad litem for and to protect the interest of the minor heirs of said decedent in the funding settlement now appearing in open court consenting to act, and contesting such Settlement the court proceeds to examine said account Whereupon it is found that Said Executor has received in cash & papers as assets of said Estate the sum of thirty two hundred and forty seven & 03/100 dollars ($3247.03) and that he has justly expended in and about the cost and charges attendant upon said executorship and in paying the just debts of deceased and legasies under the will the sum of thirty six hundred and fifty-four & 22/100 Dollars being and overpayment by him in the sum of four hundred and seven & 19/100 Dollars. It is therefore ordered adjudged and decreed by the court that said account be and the same is hereby in all things passed and allowed as above stated and it is hereby decreed by the court that said Executor Abram Howton is entitled to receive out of the remaining effects of said Estate the aforesaid sum of four hundred and seven & 19/100 Dollars It is further ordered by the court that all the papers on file pertaining to this settlement be Recorded. It is further ordered by the court that said Executor pay the cost as taxed against him in said Estate for which he has obtained due credit in this settlement and for which execution may issue. Witness B H Williams Judge of Probate (in the margin: 24th Jan 1873. Rec'd of Louisa Barnes my cost in full as Exc of said Estate A Howton)