The following article contains Fayette County Probate
Court activity concerning the estate distribution of Lewis J. BALLARD. The listing
contains recordings of Court MINUTES and of Court RECORDS of documents
filed with the Court. The complete listing of the pages includes:
The Court activity spanned the period from 11 October 1890 to 10 March
1893.
It is believed that Lewis J. Ballard was born in 1818 in Georgia.
He died at residence in Fayette County, 20 Nov 1877 (based on initial
petition of Administrator and son, James
W. BALLARD). Perhaps the reason there was such a long
period between Lewis J. Ballard's death and the Probate Court activity
is that he left no will and that his widow, Martha A. (MARDIS) BALLARD,
continued to live on the farm until her death, 2 April 1890. A
petition to probate and divide the estate among the heirs was then
filed 11 October 1890.
The Court MINUTES and RECORDS provide a lot of insight into the family
for descendents and for Ballard researchers.
- All of Lewis J. Ballard's children (except for Thomas BALLARD) are listed as
heirs. Thomas was listed as a son in the 1860 and 1870
censuses. He was single and living with a neighbor family in the
1880 census. It is believed he died, single (leaving no heirs),
before 1890; therefore, the estate Administrator made no mention of him
in the petition.
- The married names for all the daughters were listed.
- Willis BALLARD and George BALLARD had moved to Texas by
1890. Based on a Court Record, Frances
(BALLARD) LONG & family moved to Texas Nov. 1890. By
the time of the completion of the Court activity, Fletcher BALLARD & family and Margaret (BALLARD) BYNUM &
family had moved to Texas. The rest of the surviving children
were still living in Alabama.
- Jane (BALLARD) PALMER, Elizabeth (BALLARD) COWEN and Piety (BALLARD) CHAFIN are defined
as deceased by 1890, and their children are included as heirs.
- Lewis J. Ballard's real estate was defined as being in Section
17 of Township 14 South, Range 12 West.
Specifically, it was defined as being the Western Half of the NE
Quadrant of the Section (80 acres), plus 12 acres of the Eastern Half
of the NE Quadrant. It is likely that the 12-acre plot in the
Eastern Half of the NE Quadrant was situated such that it encompased
the Ballard Family Cemetry (see map associated with the Ebel Methodist
Church here). No burials
had been made at this site by 20 Nov 1877. It is possible that
Lewis J. Ballard was buried at this site and the location of the grave
has since been lost. Currently, Lewis J. Ballard's burial site is
not known.
- Neighbors, J. William STEWART
and Eli W. SULLIVAN, provided
depositions in which they affirmed that Lewis J. Ballard was the owner
and in possession of the described real estate when he died. Mr.
Stewart later bought the Lewis J. Ballard farm for $364, when it was
sold at auction. Mr. Sullivan later was buried at the Ballard
Family Cemetery.
Lewis
J. Ballard's Probate Records transcribed by:
Carol Ballard of Garland, TX,
and
Don Bynum of Allen, TX
Page 128 Probate Court, Fayette
County, AL – Minutes, VOL 5
Lewis J. Ballard Deceased
Estate of
The State of Alabama
)( Probate Court Special Term
Fayette County )(
11 October 1890
Present Holland M BELL Judge
In the matter of the estate of
Lewis J. Ballard, Deceased. And now on this day comes James W.
Ballard and presents to the court his petition in writing under oath,
praying that letters of administration on the estate of Lewis J.
Ballard, deceased [be] issued 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 Lewis J. Ballard
departed this life at his residence on or about the 27 day of November
1877, being at the time of his death an inhabitant of this county --
Alabama: That he died leaving assets in this county, which
assets, both real and personal are estimated to be worth about four
hundred dollars: But leaving no will, testament, or other writing
relating to the disposal or distribution of his estate and that the
death of the said decedent was known more than sixty days before this
day: And it further appearing to the satisfaction of the court
that James W. Ballard, the said petitioner is the son of said deceased,
is over twenty one years of age, an inhabitant of this State and a fit
person under the law and in the estimation of the court, to serve as
administrator on said estate, and no person having appeared to oppose
the granting of letters of administration to the said James W. Ballard,
or to show cause why the prayer of said petitioner should not be
granted, it is ordered that the same be granted provided that the said
Jas W. Ballard first file in this court his bond in the penal sum of
eight hundred dollars conditioned and payable according to the schedule
in such cases: Made and provided with such security or securities
as may be approved by the court: It is further ordered that the
said petition be recorded.
And now again came Jas W.
Ballard and presents to the court for approval his bond in form as to
this court heretofore required, with L.P. HUMBER and Caleb EHL as his securities thereon and the
court being now sufficiently advised concerning said bond and said
security, it is ordered and adjudged and decreed by the court that the
said bond be taken approved and recorded. It is then fur[ther]
ordered adjudged and decreed by the court that letters of
administration on the estate of said deceased be granted to the said
James W. Ballard, and that he be and hereby, is authorized to
administrate said estate. It is further ordered that the said
James W. Ballard proceed immediately to collect and take into his
possession the goods and chattels, money, books, papers, and evidence
of debt of the said deceased; and make due return under oath to this
court of a full inventory thereof within thirty days. It is
further ordered that E.W. SILLIVAN, J.W. AKINS and L.F. MILLS be said they hereby are appointed
appraisers of the personal property of said estate and that a warrant
of appointment be issued to them, notifying them of their appointment
and that they make due return to this court under oath of their
proceedings within thirty days.
Holland M.
Bell
Judge
Probate Court
Pages
136 & 137 Probate Court of Fayette County, AL – Minutes, VOL. 5
Lewis J. Ballard, Deceased,
Estate of ---
The State of Alabama
)( Probate Court Special Term
Fayette County )(
8 day of November 1890
Present Holland OM Bell Judge
of Probate
Lewis J. Ballard Deceased
Estate of )(
Order Setting day for
hearing )(
Petition to Sell land for
division )(
James W. Ballard administrator
of said estate having this day filed his application in writing and
under oath praying for an order and proceedings to sell certain land or
real estate in said petition described as follows to wit -
The W/2 of the NE 1/4 Sec 17
and 12 acres of E/2 of NE 1/4 Sec 17 T 14 R 12 and also to sell
following personal property - 1 clock - cooking vessels, 2 tables 1 bed
stead & chairs, wash pot - & the property of said estate for
the purpose of making a division among those entitled upon the ground
that the same cannot be equitable division without a sale thereof, and
it appearing from the said petition that the only heirs of said estate
are J.W. Ballard, F.E. Ballard, A.J. Ballard, Margaret A. Bynum wife of
Wiley
BYNUM, Frances M. Long
wife of James LONG who resides in this state and W.A.
Ballard, G.W. Ballard who resides in state of Texas, and Mary A. LAWRENCE wife of John LAWRENCE who resides in this state all of
whom are over 21 years & sound mind and the children of Elizabeth
S. Cowen deceased and the children of Jane Palmer deceased and the
children of Piety R Chafin dec’d which children are all minors.
It is therefor ordered that Wm L. HARRIS to be appointed guardian adlitem for
all the minors interested in this proceeding the names to be given when
made known and to be shown in order for sale of land if then known, and
that the 22 day of December 1890 be and the same is hereby appointed a
day for hearing said application and the proof 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 22 day
December 1890 the day of hearing by publishing in the Weekly News a news paper published in said
county for all persons in interest to appear and contest said
application if they think proper - it is further ordered that A.J.
Ballard, Margaret A. Bynum [sic — missing line] & her husband
James Long, Mary A. Lawrence and her husband John Lawrence and Wm. L.
Harris guardian adlitem for all minor heirs in interest have notice 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
the same -
Witness
Holland M. Bell
Judge
of Probate
Lewis J. Ballard Dec’d Estate
of
The State of Alabama
)( Probate Court Special Term
Fayette County )(
8 Nov 1890
Present H M Bell Judge
This day came James W. Ballard
the administrator of said estate and filed his inventory and the
appraisal bill of said estate and the same being duly sworn to by the
appraiser and said administrator - it is ordered that the same be
recorded for further reference and that the administrator pay the costs
Holland M Bell
Judge
of Probate
Pages 146 & 147 Probate Court,
Fayette County, AL – Minutes, VOL. 5
Lewis J. Ballard, Deceased
Estate of
The State of Alabama
)( Probate Court
Fayette County )(
Special 22nd Dec Term 1890
Present; the Hon Holland M
Bell Judge.
In the matter of the Estate of
Lewis J. Ballard, Deceased
Order for sale of real estate
for division this being the day heretofore set to hear and determine
the petition of James W. Ballard, Adm'r of the estate of Lewis J.
Ballard deceased, for an order to sell certain lands hereinafter
described for the purpose of making an equitable division among the
heirs and distributees said day being not less than forty days from the
time of making said application, now comes the said petitioner and
moves that said application be granted - And it appearing to the Court
that W.A. Ballard, Margaret A. Bynum Mary A. Lawerence adult heirs, and
residing in this State and the husband of the said Margaret A. Bynum
and Mary A. Lawrence have been duly notified of said application and
the day set for hearing the same by citation served upon them not less
than ten days before this day and that all other heirs and distributees
residing out of this sate have been duly notified of this application
and the day set for hearing the same, by publication of notice to them
directed for 3 successive weeks in the Weekly News a new paper published in said
Fayette County Ala and thereby brought into court according to law; and
the said William L. Harris heretofore appointed guardian adlitem to
represent and defend the interests of all minors interested, the names
of which are at present unknown to the court, minor heirs, in all
matters pertaining to this proceeding coming now and commencing now and
consenting to serve as said guardian adlitem denying the allegations
contained in said application and demanding proof, the court proceeds
to hear said application - And it appearing to the satisfaction of the
court, from the allegations contained in the said petition and from the
depositions of J.W. Steward and E W Sullivan disinterested witnesses,
taken upon interrogations and submitted by the said petitioner which
depositions are ordered to be filed of record that the lands mentioned
in said petition of which the said deceased died seized and possessed
which lands are described as follows to wit - The West half of the
North East quarter and 12 acres off the East half of the North East
quarter section seventeen in Township fourteen of Range twelve west and
also certain personal property specially mentioned and described in
said petition cannot be equitably divided among said heirs and
distributees it is therefore ordered adjudged and decreeded by the
court that the said application be granted and the said James W.
Ballard is hereby ordered to sell the above described premises &
personal property mentioned in his petition at the premises on the 20
day of January 1891 between the hours of eleven O'clock in the
afternoon and four O'clock in the afternoon of said day at public
outcry, to the highest bidder after having first given notice of the
day place and times of said sale and a description of the property for
three successive weeks by posting a notice at the court house door
& three other public places in said county and that be made report
of said sale of this court within thirty days after the same is
made. It is further ordered that said sale be made on the
following terms, viz; Land, one fourth cash, & one half of balance
on credit of twelve months and the other half on credit of (24) twenty
four months and personal property to sell for cash.
And it is further ordered that
said petition be recorded
Holland M
Bell
Judge
of Probate
Page 188 Probate Court, Fayette
County, AL – Minutes, VOL. 5
Lewis J. Ballard Deceased
Estate of
The State of Alabama
)( Probate Court Special Term
Fayette County )( 5 day
of June 1891
Present Holland M Bell Judge
Lewis J Ballard Deceased
Estate of )(
Confirmation of sale )(
Whereas, heretofore, to wit;
on the 23rd day of May 1891 came James W Ballard the administrator of
said estate and filed his report in writing and under oath, setting
forth among other things that on the 20 day of January 1891 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 22 day of December 1891 he
proceed and sold at public outcry at the late residence of said
deceased in this county the lands and personal property set forth and
particularly described in said former order and decree and also set
forth and described said is part of Sale and that said lands to wit W
1/2 of NE 1/4 & 12 acres off E 1/2 of NE 1/4 Sec 17 T 14 R 12, was
purchased by J William Stewart for the sum of Three hundred and
sixty-four dollars and the several items of personal property was
purchased as specified in said report of sale And it appearing to
the satisfaction of the Court from said report and the evidence
therewith submitted that the said amount so bid for said land by J
William Stewart was the highest and best bid for the same; that the sum
so bid, was not greatly less or disproportionate 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 the balance of said
purchase money has been secured sufficiently and according to law and
to said decree of sale and it further appearing to the court that more
than ten day have elapsed since the filing of said report and no
objections being made against the confirmation thereto - 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
It is further ordered that
said administrator pay the costs which have accrued in said
administration, to be allowed to him against said estate.
Holland M.
Bell
Page 323 Probate Court of Fayette
County, AL – Minutes, VOL. 5
Lewis J. Ballard, Deceased,
Estate of ---
The State of Alabama
)( Probate Court Special Term
Fayette County )(
30 January 1893
Present Thomas B. MORTON Judge of said court
Lewis J. Ballard Deceased
Estate of )(
Filing acct for final
settlement )(
This day came James W. Ballard
administrator of the Estate of Lewis J. Ballard deceased and filed his
statement acct vouchers and evidence for a final settlement of his
administration, and having filed with said acct a statement and list of
the heirs of said estate verified by oath as required by law; It
is ordered that acct be reported for final settlement and that the 10
day of March 1893 is hereby appointed a day on which to hear and pass
upon said acct; It is further ordered that notice of such
settlement as to time and nature thereof be given in the Fayette
News
a paper published in this county for three successive weeks, notifying
all persons interested to appear and contest same if they think
proper. It appearing from the list filed that there are no minor
heirs or persons of unsound mind, a guardian ad litum is not necessary.
Thomas B Morton
Judge
of Probate
Page 328 and 329 Probate Court of
Fayette County, AL – Minutes, VOL. 5
Lewis J. Ballard, Deceased,
Estate of ---
The State of Alabama
)( Probate Court Special Term
Fayette County )(
March 10th 1893
Present Thomas B. Morton Judge
of said court
Lewis J. Ballard Deceased
Estate of )(
Final Settlement )(
This day being set to hear and
pass upon the account heretofore filed by J.W. Ballard as the
administrator of said estate for a final settlement of his
administration thereof; now comes the said J.W. Ballard and moves
the court to proceed with such settlement and that said acct. be passed
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 a newspaper
published in this county; and Holland M. Bell who was heretofore
appointed to act as guardian ad litirn for and to protect the interests
of William
CHAFFEN, Newton CHAFFEN, J.W. CHAFFEN, Joan KENNERMAN, N.J. COWEN, J.A. COWEN, P.E. COWEN, L.J. COWEN, & J.P. COWEN, also 2 children of Jane L. Palmer,
boy & girl names unknown, minor heirs of said decedent in the
pending settlement now appearing in open court consenting in writing to
act and contesting such settlement; the court proceeds to examine
said account and to hear the proof in relation thereto.
Whereupon it is found that the
said administrator has received in cash of the assets of said estate
the sum of $438.30 dollars; that he has justly expended in
and about the costs and charges attendant upon said administration and
in paying the just debts of said decedent the sum of $160.10 dollars
leaving in his hands the sum of $278.20 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 further appearing to
the court that such decedent left him surviving [unintelligible] widow
but eight children namely W.A. Ballard, G.W. Ballard, F.E. Ballard,
J.W. Ballard, M.A Bynum, M.A. Lawrence & M.F. Long,
grandchildren Wm Chaffen, Newton Chaffen, J.W. Chaffen, Joan Kennerman,
N.J. Cowen, J.A. Cowen, P.E. Cowen, L.J. Cowen, & J.P. Cowen, also
two children of Jane L. Palmer, one boy and one girl names unknown.
It is therefore adjudged and
decreed that said W.A. Ballard recover from J.W. Ballard administrator
the sum of $25.29 dollars for which execution may issue.
It is further ordered adjudged
and decreed that G.W. Ballard do have and recover from said
administrator the sum of $25.29 dollars his distributive share of said
estate for which execution may issue.
It is further ordered and
decreed that F.E. Ballard do have and recover of said administrator
$25.29 dollars his distributive share for which execution may issue.
It is further ordered and
decreed that J.W. Ballard do have and recover from said administrator
$25.29 dollars his distributive share of said estate for which
execution may issue.
It is further ordered and
decreed that A.J. Ballard do have and recover from said administrator
$25.29 dollars his distributive share of said estate for which
execution may issue.
It is further ordered and
decreed that M.A. Ballard [sic – Bynum] do have and recover from said
administrator $25.29 dollars her distributive share of said estate for
which execution may issue.
It is further ordered and
decreed that M.A. Lawrence do have and recover from said administrator
$25.29 dollars her distributive share of said estate for which
execution may issue.
It is further ordered and
decreed that M.F. Long do have and recover from said administrator
$25.29 dollars her distributive share of said estate for which
execution may issue.
It is further ordered and
decreed that Wm Chafen do have and recover from said administrator
$8.43 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that Newton Chefen do have and recover from said administrator
$8.43 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that J.W. Chafen do have and recover from said administrator
$8.43 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that Joan Kennerman do have and recover from said administrator
$4.21 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that N.J. Cowen do have and recover from said administrator
$4.21 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that J.A. Cowen do have and recover from said administrator
$4.21 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that P.E. Cowen do have and recover from said administrator
$4.21 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that L.J. Cowen do have and recover from said administrator
$4.21 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that J.P. Cowen do have and recover from said administrator
$4.21 dollars his distributive share of said estate for which execution
may issue.
It is further ordered and
decreed that each of the children of Jane L. Palmer whose names are
unknown, do recover of said administrator the sum of $12.64
dollars their respective shares for which execution may issue.
Page 330 Probate Court of Fayette
County, AL – Minutes, VOL. 5
Lewis J. Ballard, Deceased,
Estate of ---
The State of Alabama
)( Probate Court Special Term
Fayette County )(
10th day of March 1893
Present- Hon Thomas B. Morton
Judge of said court
Lewis J. Ballard Deceased
Estate of )(
Order to Convey )(
This day came James W. Ballard
the administrator of said estate and filed his report in writing and
under oath showing among other things, that J. William Stewart who
became the purchaser of the West half of the Northeast quarter and (12)
twelve acres off the East half of the Northeast quarter, Section
seventeen in Township fourteen of Range twelve west, land of said
estate, which land is particularly described in the decree of this
court recorded on the 22 day of December 1890, has fully complied with
the condition contained in the decree of this court under which the
said sale was made, and with the requirements of law in such cases, and
that said J. William Stewart has paid to said administrator the entire
amount of the purchase money, for which the said land was sold:
and the count being now satisfied from an inspection of the records
that the sale of said lands was in all things regular and fair, and
that said sale was heretofore duly approved and confirmed by the decree
of this court; it is ordered adjudged and decreed that the said
James W. Ballard as such administrator as aforesaid be authorized and
he is hereby ordered to convey the proper deed to the said J. William
Stewart all the right, title and interest which the said Lewis J.
Ballard deceased had in such lands at the time of his death.
It is further ordered that
said administrator pay the costs of this order and the recording of the
report showing purchase money paid and that said report be recorded.
Thomas B. Morton
Judge
of Probate
It is further ordered that all
vouchers evidence & accts. Relating to this settlement be recorded
and that said administrator pay the cost.
Thomas B. Morton
Judge
of Probate
Page 390
Probate Court, Fayette County, AL – Records, VOL 5
Lewis J. Ballard Deceased
Estate of
The State of Alabama
)( Probate Court – In the matter of the estate of Lewis J.
Ballard deceased
Fayette County )(
To the Hon Holland M. Bell
Judge Probate Court Fayette County
The petition of the
undersigned J.W. Ballard respectfully represents that L.J. Ballard
departed this life at residence on or about the 20 day of November
1877, leaving no last will or testament, so far as your petitioner
knows or believes, and that death was known more than sixty days before
this day, and this petition further shows that the said L.J. Ballard
was at the time of death an inhabitant of this county and died seized
and possessed of real and personal estate in this State consisting
chiefly of all of said real and personal estate being estimated to be
worth about four hundred $400 dollars and probably not more; that
the names, residence, ages and condition of the heirs and distributes
of the estate of said decedent, so far as your petitioner knows or
believes, are as follows to wit: The widow, J.W. Ballard, W.A.
Ballard, Mary A. Larence, F.E. Ballard, Margaret A. Bynum, Frances M.
Long, A.J. Ballard, G.W. Ballard, Tex., Joel W. Chaffen, William
Chaffen, Newton Chaffen; that your petitioner being a son of said
deceased an inhabitant of the State above the age of twenty one years,
and in no respects disqualified under the law from serving as an
administrator, believing that said estate should be immediately
administered, to the end that the said property may be collected and
presented for those who shall appear to have legal right or interest
therein, does, therefore by virtue of his right under the statute pray
that Your Honor will grant letters of Administration on the estate of
L.J. Ballard upon his entering into bond in such sum as is required by
the statute, and with such security or securities as shall be approved
by Your Honor.
J.W.
Ballard
The State of Alabama,
Fayette County.
J.W. Ballard being duly sworn,
deposes and says that the facts averred in the above petition are true
according to the best of his knowledge, information and belief.
Subscribed and sworn to before
me, this 11th day of October 1890.
Holland M.
Bell
Judge
Probate Court
Filed in the office of the
Judge Probate Court and ordered recorded this 11th day of October 1890.
Holland M. Bell
Judge
Probate Court
Page 391 Probate Court, Fayette
County, AL – Records, VOL 5
James W. Ballard Adm. Of the
Estate of L.J. Ballard, Bond of Adm.
The State of Alabama
)( Probate Court
Fayette County )(
Know all men by these present,
that we J.W. Ballard, L.P. Humber and Caleb Ehl are held and firmly
bound unto Holland M. Bell Judge of Probate of said county, and his
successors in office, in the penal sum of eight hundred dollars for the
sure payment of which sum we bond ourselves, our and each of our heirs,
executors, administrators, and assigns, jointly, severally and firmly
by these present, sealed with our seals and dated the 11th day of
October AD 1890.
The condition of the above
obligation is such that whereas the above bound J.W. Ballard was on the
11th day of October AD 1890, duly appointed Administrator of the Estate
of Lewis J. Ballard deceased.
Now should the said J.W.
Ballard well and faithfully perform all the duties which are or may be
required of him by law as such Administrator, then in that case the
above obligation to be void, otherwise they remain in full force and
virtue.
J.W.
Ballard (seal)
L.P.
Humber (seal)
Caleb
Ehl
(seal)
Taken and approved the 11th
day of October 1890.
Holland M. Bell
Judge of Probate of Fayette County
Taken approved and filed 11th
day of October 1890.
Holland M. Bell
Judge
of Probate
Letters of Administration to
J.W. Ballard in L.J. Ballard Estate
The State of Alabama
)( Court of Probate
Fayette County )(
Letters of Administration on
the Estate of Lewis J. Ballard deceased, are hereby granted to James W.
Ballard who has duly qualified and given bond as such, and is
authorized to administer such estate.
Dated this 11th day of October
1890.
Holland M. Bell
Judge
of Probate of Fayette County
Issued and filed 11th day of
October 1890.
Holland M. Bell
Judge
of Probate
Page 392 Probate Court, Fayette
County, AL – Records, VOL 5
Petition for sale of real
estate for Distribution
The State of Alabama
)( Probate Court – In the matter of the estate of Lewis J.
Ballard deceased
Fayette County )(
To the Hon “Holen” M. Bell
Judge of the Probate Court, Fayette County.
The undersigned J.W. Ballard
your petitioner, by appointment of the Court, Administrator of the
estate of Lewis J. Ballard deceased, would respectfully represent unto
Your Honor, that the said deceased died seized of the following
described lands, situate in said county and State, to wit: W1/2
of the NE1/4, section seventeen and 12 acres of the E1/2 of the NE1/4,
section seventeen, township 14, Range 12. Clock, Loom &
fixtures, “Cupbord”, cook vessels, dining table, bedstead & cover,
Dressing table, washpot.
Your petitioner further states
that the names, ages, residences, and condition of the heirs and
distributes of said estate are as follows, to wit: J.W. Ballard
resident of Fayette, W.A. Ballard, G.W. Ballard in Texas, F.E.
Ballard, A.J. Ballard (Fayette Co), Margaret A. Bynum wife of
Wiley (Fayette Co), Mary A. wife of John Lawrence (Ala), Frances M.
Long wife of “James,” Elizabeth S. Cowen deceased heirs of -
minors, Jane L. Palmare [sic] deceased heirs of - residence unknown,
Piety R. Chafen deceased - minor heirs in Miss., further alleges that
said lands cannot be equitably divided among said heirs and distributes
without a sale thereof, and, therefore, prays that for the purpose of
making such division, Your Honor will grant an order directing
petitioner to sell the lands herein before described, the personal
property, and will make such further orders herein as may be by law
required, and to Your Honorable Court may seem [co]rrect.
J.W.
Ballard
The State of Alabama )(
Fayette County )(
J.W. Ballard being duly sworn
deposes and says that the facts set forth in the foregoing petition are
true according to the best of his knowledge, information and belief.
Subscribed and sworn to before
me, this 8 day of Nov. 1890.
Holland M. Bell
Judge
of Probate
Filed in the office of the
Judge Probate Court the 8 day of Nov. 1890, and the 22 day of Dec
1890, set for hearing.
Holland M. Bell
Judge
Probate Court
Prayer granted, order of sale
made, and petition ordered recorded this 22 day of Dec 1890.
Holland M. Bell
Judge
Probate Court
Page 393 Probate Court, Fayette
County, AL – Records, VOL 5
Wm L. Harris Guardian ad
Litern, In the matter of land sale of L.J. Ballard deceased
The State of Alabama
)( Probate Court
Fayette County )(
To William L. Harris, Esqr.
Take note, that by an order of
the court, this day made and entered, you were appointed to act as
Guardian ad Litern for all minor heirs at law of Lewis J. Ballard
deceased, to represent and protect their interests, upon hearing of
petition of Jas W. Ballard Adm of said Lewis J. Ballard in application
for order to sell lands of said estate.
Given under my hand, this 8
day of Nov. 1890.
Holland M. Bell
Judge
of Probate
I hereby accept the
appointment of Guardian ad Litern for minor heirs at law of Lewis J.
Ballard deceased; to represent and protect their interests upon hearing
of the above application & hereby contest said application and
demand legal proof of the allegations in said application.
Witness my hand, this 13 day
of Dec. 1890.
W.L.
Harris
Guardian Ad Litern
Filed this 13th day of Dec
1890 and recorded Vol 5 Page 393 of Probate Court Record.
Holland M. Bell
Judge
Probate Court
Lewis J. Ballard Deceased
Estate. Citation to heirs or devisees on application to sell land.
The State of Alabama
)( Probate Court
Fayette County )(
To the Sheriff of said
County. Greeting:
Whereas J.W. Ballard
Administrator of estate of Lewis J. Ballard deceased, has filed his
application in said court for a sale of the lands described therein
belonging to the Estate of said decedent for the purpose of division,
and the 22 day of December 1890 has been appointed for the hearing of
said application.
You are therefore, hereby,
commanded to cite A.J. Ballard, Margaret A. Bynum & her husband
Wiley Bynum, Frances M. Long & her husband James Long, Mary
A. Lawrence & her husband John Lawrence to appear before said court
on said 22 day of December 1890 to contest said application, if they
think proper.
Witness, this 8 day of
November 1890.
Holland M. Bell
Judge
of Probate
Received this 12 day of Nov.
1890.
R.P. CARNE, Sheriff
Executed this 24 day of
November 1890 by serving copies on the written named parties except
James Long, Frances M. Long, the said James Long and Frances M. Long
having gone to Texas.
R.P.
Carne, Sheriff
Page 394 Probate Court, Fayette
County, AL – Records, VOL 5
Commission to take
Depositions, To R.A. SMITH, Esq.
The State of Alabama
)( Probate Court
Fayette County )(
To R. Allen Smith, Esqr.
Know Ye that we having full
faith in your precedence and competency, have appointed you
Commissioner and by these present do authorize you, at such time and
place as you may appoint, to call before you and examine E.W. Sulivan
and J.W. Stewart as witnesses in behalf of the petitioner in a case
pending in our Probate Court of Fayette County, wherein J.W. Ballard is
petitioner Plaintiff, and the heirs of Lewis J. Ballard deceased
Defendant, on oath; to be by you administered upon
interrogatories annexed to this Commission, to take and certify the
deposition of the witness and return the same to our said court, to be
held on the 4th Monday, 22 day in Dec. 1880, under your hand and seal.
Witness 22 day of Dec AD 1890.
Holland M. Bell
Copy of Interrogatories
The State of Alabama
)( Probate Court
Fayette County )(
In the matter of the
application of J.W. Ballard Adm of Lewis J. Ballard deceased to sell
the lands belonging to said estate for purpose of distribution,
Interrogations to be pro[unreadable] to E.W. Sulivan and J. William
Stewart who reside in said count, the answers to which will be used as
evidence in behalf of said application at the hearing of same.
Int. 1st. Were you
acquainted with said Lewis J. Ballard.
Int. 2nd. Are you
acquainted with the heirs and distributes of said Lewis J. Ballard, if
yea, give their names and residences and whether they are twenty one
years of age or minors. State also what ones are married women
and whether their husbands are full age or not.
Int. 3rd. Are you
acquainted with the following described Lands, lying in said County of
Fayette, and do you know them as lands of which said Lewis J. Ballard
died seized and possessed to wit: W1/2 of NE1/4, Sec
17, T14, R12.
Int. 4th. Can said lands
be equitably divided among the heirs without a sale thereof.
Int. 5th. State anything
else you may know that will benefit petitioner.
J.W.Ballard
Guardian Ad Litern
Filed 13 Dec 1890
Holland M. Bell
Judge
of Probate
Page 395 Probate Court, Fayette
County, AL – Records, VOL 5
The State of Alabama
)( Probate Court
Fayette County )(
I, R. Allen Smith the
Commissioner named in the annexed commission, to hereby certify that in
the pursuance thereof I caused the said witnesses J.W. Stewart and Eli
W. Sullivan to come before me at Fayette Ala. On this 22nd day of
December one thousand eight hundred and ninety, being the time and
place appointed, sworn to speak the truth the whole truth and nothing
but the truth, and also to make full and true answers to the
interrogatories and cross interrogatories hereto annexed,
thereupon answered and deposed as follows, to wit:
Ans 1st. Int. We were
acquainted with the said Lewis J. Ballard in his lifetime.
Ans 2nd. Int. We are
acquainted with the heirs and distributes of Lewis J. Ballard dec’d,
they are as follows: J.W. Ballard married over 21 years,
W.A. Ballard married over 21 years, P.R. Chaffin children, don’t know
their names, three in number-minors, Adeline Lawrence married and over
twenty one years of age, J.W. Ballard married over 21 years [sic. J.W.
Ballard listed second time — could be G.W. Ballard], F.E. Ballard
married over 21 years, Margaret A. Bynum married over 21 years, Frances
M. Long married over 21years, A.J. Ballard married minor.
Ans 3rd. Int. We
are acquainted with the lands of Lewis J. Ballard dec’d.
Ans 4th.
Int. Said lands cannot be equally divided among the heirs
without a sale in our judgement.
Ans 5th.
Int. Further these deposeants sayeth not.
J.W.
Stewart
Eli
W. Sullivan
Sworn to and subscribed before
me, this 22nd day of December 1890.
R.
Allen Smith
Commissioner
And I, R. Allen Smith
Commissioner as aforesaid, do further certify that I am not of counsel
or of kin to any of the parties to the cause or in any manner
interested in the result thereof. And I, R. Allen Smith
Commissioner as aforesaid, do further certify that I have personal
knowledge of the identity of the said witnesses; that the aforesaid
evidence and answers under oath were taken down and reduced to writing
by me and being closed were examined by the witnesses J.W. Stewart and
Eli W. Sullivan and by them approved; and that thereupon the evidence
was subscribed by said witnesses in my presence and on the day at the
place specified in the citation.
Witness my hand this 22nd day
of December 1890.
R.
Allen Smith
Commissioner
Fees none.
Pages 396 and 397 Probate Court,
Fayette County, AL – Records, VOL 5
Report of sale of real and
personal property
The State of Alabama
)( Probate Court – In the matter of the estate of Lewis J.
Ballard, Deceased
Fayette County )(
To the Hon Holland M. Bell,
Judge Probate Court said county
The undersigned James W.
Ballard Administrator of the estate of Lewis J. Ballard deceased would
respectfully report that by virtue of a decree rendered by your
Honorable Court, on the 22 day of December 1890, I did, on the 20 day
of January 1891 between the hours of eleven o’clock in the forenoon and
four o’clock in the afternoon of said day, at Late residence of
deceased, in Fayette County, offer for sale at public venue the land
described in said decree, and that J. William Stewart bid the sum of
Three hundred and sixty four Dollars for the West half of the North
East quarter and 12 acres off the East half of the North East quarter
Section seventeen in Township fourteen of Range twelve west.
That at said sale the
following personal property was sold for prices and to purchasers as
follows:
| 1 Clock |
C.J. JOHNSON
|
1.75 |
| 1 Loom & fixtures |
J.W. Stewart |
3.25 |
| 1 Cubbard |
John
THORNTON |
.60 |
| Cook vessels, one oven |
E.W. Sullivan |
.20 |
| Oven kettle |
G.W. WHITE |
.30 |
| 1 Dining table |
A.J. Ballard |
.70 |
1 Bedstead & cord
|
George White |
1.25 |
| 1 Dressing table |
M.V. WEBSTER |
.20 |
| 1 Wash pot |
A.J. Ballard |
1.05 |
And the said purchaser J.
William Stewart being the highest and best bidder for said described
land, the same was struck off to him at the sum aforesaid & the
personal property was purchase set forth.
He further reports that said
sale was fairly conducted and that all the proceedings pertaining
thereto were conducted in strict accordance with the requirements of
law and of the decree of said court directing said
sale. He further reports that previous to making said
sale, he advertised the day, place, and terms of said sale, and a
description of the property by publication for three successive weeks
in the Fayette Weekly
News a newspaper
published in this Fayette County.
I further report that the said
J.W. Stewart & other purchasers have complied with the terms of
sale by paying one fourth of purchase money cash and by giving notes
with approved security for other payments as ordered by the court, and
the several purchasers of the personal property paid cash.
All of which respectfully
submitted.
J.W.
Ballard
The State of Alabama )(
Fayette County )(
James W. Ballard being duly
sworn deposed and say that the facts alleged in the foregoing report
are true according to the best of his knowledge, information, and
belief.
J.W.
Ballard
Subscribed and sworn to before
me this 23 day of May 1891.
Holland M. Bell
Judge
Probate Court
Filed in the office of the
Judge Probate Court, 23 day of May 1891, approved and ordered recorded,
and sale confirmed this 5 day of June 1891.
Holland M. Bell
Judge
Probate Court
Page 397 Probate Court, Fayette
County, AL – Records, VOL 5
The State of Alabama
)( Probate Court
Fayette County )(
To the Hon Thomas B. Morton,
Judge of Probate of said county
The undersigned James W.
Ballard Admr. of the Estate of Lewis J. Ballard Deceased respectfully
report that at a sale of real estate of said Deceased made in
accordance with a decree entered in this court on the 22nd day of
December 1890; which sale has been duly reported and confirmed J.
William Stewart became the purchaser of the West half of the North East
quarter and 12 acres off the East half of the North East quarter,
Section seventeen in Township fourteen of Range twelve West, and then
and there complied with the terms at said sale. The undersigned
further report that the said J. William Stewart has now paid him in
full the purchase money; and therefore ask that an order be made
authorizing him to make and convey titles to said J. William
Stewart.
J.W.
Ballard
Administrator
Sworn to and subscribed before
me this 10th day of March 1893.
Thomas B.
Morton
Judge
of Probate
Filed this 10th day of March
1893.
Thomas B.
Morton
Judge
of Probate
Recorded Vol 5, Page 397
Pages 397 and 398 Probate Court,
Fayette County, AL – Records, VOL 5
The State of Alabama
)( Probate Court
Fayette County )(
To the Hon Thomas B. Morton,
Judge of Probate, Fayette County
The undersigned James W.
Ballard Administrator of the estate of Lewis J. Ballard Deceased would
respectfully submit to the court the following report of his acts and
doings as such Administrator from 11th day of Oct 1890 to Jan.
1893; charges self as follows, to wit:
| Date |
Terms of receipts |
|
| 1891 |
|
|
| Jan 20 |
Rec’d for personal property |
9.30 |
“ “
|
Rec’t Estate
|
91.00 |
| Dec 25 |
“
|
136.50 |
| 1892 |
|
|
| Dec 25 |
“
|
136.50 |
“ “
|
and rec’d from estate of James
Ballard |
25.00 |
|
Rent of lands for 1890
|
40.00 |
|
Total
amount of money received and collected
|
$438.30 |
He also ask to be credited
with the following payments to the creditors of deceased as per
vouchers herewith submitted :
| Date |
|
|
|
| 1891 |
amt paid for Taxes for the
year 1890 & 1891 |
Voucher No. 1 |
$
3.40 |
| Feb.10 |
amt paid Dr F.B. WOODS |
“ 2 |
15.35 |
| “
7 |
Paid for advertising to Fayette News |
“
3 |
4.50 |
| 1892 |
|
|
|
| Jan 27 |
amt paid to Northcutt &
Laden Burial expenses |
“ 4
|
10.45 |
| Jan 28 |
amt paid out for chockin grain
to W.R. Ballard |
“ 5
|
32.00 |
“
“
|
of [unreadable] paid to
court |
“ 6 |
21.50 |
| Feb -- |
Fayette News advertising final
settlement
|
“
7
|
4.00 |
|
Probate Judges fees on final
Settlement
|
|
11.00 |
|
H.M. Bell Guardian Ad Litern |
|
2.50 |
|
Admr Commissioners
|
|
21.90 |
|
J.W. Ballard for money paid on
death of decedent |
|
33.50 |
All of which is respectfully
submitted.
J.W.
Ballard
Administrator
The State of Alabama )(
Fayette County )(
Before me Thomas B. Morton
Judge of Probate of said county, personally appeared James W.
Ballard administrator of the Estate of Lewis J. Ballard Deceased, who
being duly sworn make oath that the foregoing account current is
a full and correct statement of all his dealings and transactions and
of all moneys and effects received and paid out by him on account of
said estate and that he has not used any of the funds of said estate
for his own benefit, subscribed and sworn to before me this 30th
day of Jan 1891.[sic- probably 1893]
James
[sic] B.
Morton
J.W. Ballard
Judge
of Probate
Administrator
Pages 398 and 399 Probate Court,
Fayette County, AL – Records, VOL 5
The State of Alabama
)( Probate Court
Fayette County )(
James W. Ballard administrator
of the estate of Lewis J. Ballard Deceased being duly sworn makes oath
that:
| W.A. Ballard |
aged 21 years |
residing in Athens, Tex |
G.W. Ballard
|
aged 21 years |
residing in Behouse, Tex [sic.
Bee House] |
| F.E. Ballard |
aged 21 years |
residing in Behouse, Tex |
| J.W. Ballard |
aged 21 years |
residing in Ballard, Ala |
| A.J. Ballard |
aged 21 years |
residing in Athens, Tex |
| M.A. Bynum |
aged 21 years |
residing in Behouse, Tex
|
| M.A. Lawrence |
aged 21 years |
unknown |
| M.A. Long |
aged 21 years |
residing in Coryell, Tex |
Minor heirs as follows,
William Chaffin, Newton Chaffin, J.W. Chaffin, residence unknown; Joan
Kennerman, N.J. Cowen, J.A. Cowen, P.E. Cowen, L.J. Cowen,
& J.P. Cowen residing at Warranton, Ala., Also, two children
unknown.
All Heirs and Devisees of said
deceased according to the best of my information, knowledge, and
belief. Subscribed and Sworn to before me this 30th Day of Jan
1893
T.B.
Morton
J.W. Ballard
Judge
of Probate
Admr.
Filed in the Office of the
Judge of Probate this the 30th day of Jan 1893, and the 10th day
of March 1893 appointed as the Day of Settlement.
Thomas Morton
Judge
of Probate
Audited, Stated, Decree
thereon rendered and ordered recorded this 10th day of March 1893.
Thomas B. Morton
Judge
of Probate
Recorded in Vol Record 5, Page
398