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Fayette County, Alabama
 
~ Lewis J. Ballard Estate Probate Records ~
(1890-1893)


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:
 
Fayette County Probate Court Minutes - Vol. 5
Pages 128, 136, 137, 146, 147, 188, 323, 328-330

Fayette County Probate Court Records - Vol. 5
Pages 390-399
 
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.
 

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 CHAFFENNewton CHAFFENJ.W. CHAFFENJoan KENNERMANN.J. COWENJ.A. COWENP.E. COWENL.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




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