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Fayette County, Alabama

~ James Moore Estate Records ~


This information graciously contributed by
Mike Moore


(Transcriber's Notes: James Moore (Ireland 1787 - Fayette 1861) was my gggg-grandfather.  Our family believes that he was the brother of Henry Moore (who entered into Fayette County around 1824), but we have no physical proof.  This transcription was compiled from photocopies of the actual probate records, which span several pages.  Corrections by any reader are always welcomed.)


JAMES MOORE ESTATE
(page 227)

Probate Court 1st day of January 1874

This day came J. B. Sanford and files his petition in writing under oath alleging in his petition that James Moore departed this life in this county in this state in 1861, leaving property in this state of the value of about four hundred dollars and probably not more and also showing in said petition who are the heirs of said estate, residences etc., and that he has been requested by said heirs be administrator of said estate and it being shown by evidence satisfactory to the court that all the allegations in said petition and in this Court are true and the said J. B. Sanford having given bond in the sum of eight hundred dollars with J. C. Robertson as his security therein which bond hath been approved by this Court.  It is ordered, adjudged and decreed that the said J. B. Sanford be and he is hereby appointed to administer said estate and that proper letters of administration be issued to him forthwith.  It is further ordered that an appraisement of said estate be made, that Thos Holmes, A. J. Reaves and John Reaves are appointed and authorized to appraise said estate and that they be notified of their appointment.  It is further ordered that said petition bond and selling be recorded and that said J. B. Sanford pay all the costs of this proceeding for which in may issue.

B. W. Wilson, Judge of Probate



Petition        State of Alabama Fayette County
To the Judge of the Probate Court of said County

Your Petitioner J. B. Sanford represents to the Court that James Moore a citizen of this county died in estate sometime in 1861, leaving property of the value of about four hundred dollars and not probably more.  Your Petitioner further represents that said died, left him surviving his widow Nancy Moore who departed this life sometime in 1873 and left her surviving the following children to wit; G. H. Moore, Barnes Moore, Elizabeth Lawrence wife of Jas Lawrence, Mary Lasueur wife of Jas Lasueur, Nancy Reese wife of A. J. Reese, all of whom are of age and reside in this County, and Jesse and A. W. Moore, who reside in Lowndes County  Mississippi, and Wm Moore a minor heir of Wm Moore deceased.  Your Petitioner further states that said estate has never been administered on and that he has been requested by a majority of said heirs to administer on the same so that the property may be sold to make a distribution of the same, he therefore asks to be appointed Admn on said estate by him complying with the law in such cases.
Sworn to before me this 1st day of January 1874.

B. W. Wilson                                                                          J. B. Sanford (seal)
Judge of Probate

(Note: James Moore's daughters were actually Mary Lawrence and Elizabeth Lesueur.  Their given names were recorded incorrectly.)


JAMES MOORE ESTATE Continued
(page 228)

Bond      State of Alabama Fayette County

Know all men by these presence that we J. B. Sanford and John C. Robertson are held and firmly bound unto B. W. Wilson Judge of the Probate Court of said County and his successors in office in the sum of eight hundred dollars for the payment of which we bind ourselves and each of us jointly and severally by these presence sealed with our seals and dated this 1st day of January 1874.  The condition of the above obligation is such that whereas the above bound J. B. Sanford hath been appointed Admn on this estate of James Moore decd.  Now should this said J. B. Sanford well and truly perform all the duties which now and or may be hereafter required of him by law as such Admn then the above obligation to be void otherwise not signed and sealed this day and date above written.
Taken and Approved                                                                  J. B. Sanford (seal)
1st day of Jan 1874                                                                      John C. Robertson (seal)
B. W. Wilson Judge of Probate



Letters of Admn      State of Alabama Fayette County

Probate Court Special Term 1st day of Jan 1874
I, B. W. Wilson Judge of the Probate Court of said County certify that Letters of Administration on this estate of James Moore decd were this day granted to John B. Sanford who hath given bond and qualified as such Admn and is authorized to act as such on said estate.

B. W. Wilson Judge of Probate



Probate Court 10th Jan 1874

This day came J. B. Sanford Admn on the estate of James Moore decd, and makes a return of the appraisement of the property both real and personal belonging to said estate. It is ordered by this Court that the same be recorded.

B. W. Wilson Judge of Probate

JAMES MOORE ESTATE Continued
(page 229)

Appraisement Bill of the real and personal property of the estate of James Moore decd.
Personal property appraised as follows:
Consisting of 3 cover leads
7 quilts and sheets………………………………............$30.00
1 feather and bedstead
1 feather bed and bedstead and 4 pillows
2 blankets 2 counterpanes ………………………............35.00
1 feather bed………………………………........................20.00
1 spinning wheel………………………………...................2.50
2 chests………………………………..................................4.00
1 safe and cupboard……………………………….............3.00
2 dining tables……………………………….......................4.00
1 lot of table ware………………………………..................6.00
Cooking utensils………………………………...................5.00
2 water buckets 1 piggin …….…………………...................50
1 side saddle………………………………..........................6.00
Churn and box………………………………..........................50
Jarse………………………………........................................2.50
2 chains………………………………..................................1.00
Fire shovel and Looking glass…………………...................50
1 pair of scales and bed tray………………………………..50
1 cow and calf………………………………......................15.00
1 wash pot………………………………..............................3.00
2 sows 12 pigs………………………………......................15.00
1 basket and meal sack……………………………….........1.50
Riding skirt……………………………….............................1.00

Real property as follows:
S ½ of NW ¼ consisting of 80 acres
NE ¼ of SW ¼ containing 35 acres
Lee 22   T14 R12 appraised at $400.00

Sworn and subscribed before me this 9th day of Jan 1874
J. B. Sanford Admn; A. J. Reaves, Thos Holmes and John Reaves Appraisers


State of Alabama Fayette County

Personally appeared before B. W. Wilson Judge of the Probate Court of said County J. B. Sanford and makes oath that the foregoing contains a true list of all the property belonging to the estate of Jas Moore decd as shown to him by the heirs of said estate.  Sworn to and subscribed before me this 10th Jan 1874.

B. W. Wilson                                                                             J. B. Sanford Admn
Judge of Probate

(Note: Burr W. Wilson was Judge of Probate Court from 1868 to 1874.  He died in 1883.)


JAMES MOORE ESTATE

State of Alabama}
Fayette County   }    Probate Court of Said County
                                    The 20th day of November 1874

This day came John B. Sanford Administrator of the Estate of James Moore late of same county deceased and filed this application in writing and under oath praying for an order and proceeding to sell certain Real Estate in said Petition described of the property of said deceased for division upon the grounds that the same cannot be equitably divided among the heirs and demises of said Estate.  And it appearing that the only heirs and demises of said Estate are G. H. Moore, Elizabeth Lesueur wife of James Lesueur, Nancy E. Reese wife of James A. Reese, Mary Ann Lawrence wife of James Lawrence and David N. Moore all of whom are of age and reside in the County of Fayette and State of Alabama.  Also J. C. Moore and W. A. Moore both of whom are of full age and residents of Columbus Miss., also William G. Moore minor heir of William G. Moore deceased and grandson of James Moore deceased who resides in Lowndes County Mississippi.  It is therefore ordered by the Court that the 31st day of December 1874 be and it is hereby appointed a day for hearing the said application and the proofs 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 day of hearing by publication in the Fayette Watchman a newspaper published in said County for all persons interested to appear and contest the same if they think proper.  And as it appears that there are minors or a minor interested in said Estate, it is ordered that E. P. Jones be and he is hereby appointed Guardian Adlitum for said minors to represent them and protect their interest on the hearing of said application, and that he have personal notice of his appointment and of the time set to hear and press upon said petition served on him ten days before the said day of hearing.  It is further ordered that a copy of the published notice be forwarded through the Post Office postage paid to the said J. C. Moore and W. A. Moore Columbus Mississippi within ten days after the first publication thereof as aforesaid.  It is further ordered by the Court that the citation be personally served  on the resident adult heirs of said petition and of the time set to hear and press upon the same. It is further ordered that said petition be recorded.

Witness  B. H. Williams
Judge of Probate

(Note: Elliot P. Jones, a former Postmaster and Probate Judge, was a lawyer in Fayette County in 1874.  He died in 1880.  Bedford H. Williams was Judge of Probate in 1874 and died in 1879.)

JAMES MOORE ESTATE Continued
(page 372)

Original Interrogatories

State of Alabama }
Fayette County    }  James Moore deceased Estate

Interrogations to be pre-forwarded to Samuel Porter and George Thompson, their answers to which when taken to be read in evidence of and in behalf of the Petition of John B. Sanford Administrator of said Estate to sell the lands for division among the heirs.

~ Int 1st to Each Witness
Are you acquainted with the lands deeded to the Widow of James Moore and David N. Moore by Samuel Porter of this County.  If yea, describe them by numbers or otherwise.

~ Interrogatory 2nd to Each Witness
Do you or not know that the land deeded by Samuel Porter to the Widow of James Moore and David N. Moore was received by the Widow of James Moore and David N. Moore in a swap for the land that was left by the deceased James Moore at his death.

~ Int 3rd to Each Witness
Do you know or not that the land deeded by Samuel Porter to the Widow of James Moore and David N. Moore was received by the Widow of
James Moore and David N. Moore in a swap for the land that was left by the deceased James Moore.  If yea, state who they are and where they reside the best you know.

~ Int 4th
Can in your opinion said lands be fairly and equitably divided among the heirs of said Estate without a sale of the land for division.

~ Int 5th to Each Witness
Which in your judgment will be most to the interest of the heirs;  to lay off the lands by units and bounds or by a sale for division.

John B. Sanford Administrator
(filed the 1st December 1874)
(page 373)

Notice to Heirs
State of Alabama}
Fayette County   }  Probate Court of Said County
The 20th day of November 1874
James Moore Estate

To any Sheriff of the State of Alabama Gratis
You are hereby commanded to summon G. H. Moore, Elizabeth Lesueur and Husband James Lesueur, Nancy E. Reese and Husband James A. Reese, Mary A. Lawrence and her Husband James Lawrence, and David N. Moore if to be found in your County to be and appear before the Probate Court of said County if they think proper on the 31st day of December 1874 by 12 o’clock (N) of said day then and there to contest the application of John B. Sanford Administrator of James Moore late of said County deceased to sell certain land, the property of said Estate to make division among the heirs on the grounds that the same cannot be equitably divided among the heirs of said Estate.  Herein fail not and have you then and there this citation or notice with your proper return thereon endorsed.
Witness B. H. Williams
Judge of Said Court the 20th Nov 1874
B. H. Williams
Judge of Probate
(page 374)

Order of Continuance

State of Alabama}
Fayette County   }  Probate Court of Said County
Special Term the 31st December 1874

This being the day appointed more than forty days since for hearing the petition of John B. Sanford Adm of the Estate of James Moore deceased to sell certain lands therein named.  Now comes the parties and also comes E. P. Jones who was hereto appointed Guardian Adlitum for the minor heirs of said Estate to represent them on the hearing of said petition and protect their interest on said hearing.  And said parties asking a continuance of the cause or proceeding  until the 9th of January 1875 with a view to compromising the same.  And the Court believing it to the interest of all the heirs and claimants that they compromise or arbitrate the same owing to the awkward condition in which the same appears in this Court.  It is therefore ordered that the same be Continued for said length of time and that the same be set for hearing on said 9th day of January 1875.  It is ordered by the Court that all the papers in the case be recorded for future reference.

Witness B.H. Williams
Judge of Probate


Order of Sale

State of Alabama}
Fayette County   }  Probate Court of Said County
Special Term the 9th January 1875

This being the time to which the hearing of the application of John B. Sanford Administrator of the Estate of James Moore deceased was Continued with a view to the arbitration of the matter in controversy between David N. Moore and said Adm in regards to the rights of said lands.  Said David N. Moore claiming one third part of the same by virtue of exemption as a minor at the death of his father, and the Court now being informed by said Adm that the same is agreed to by him in compromise with the said David N. Moore by the conscious consensus of the other heirs that said David N. Moore should be entitled to one third of the entire purchase money (real) for which said lands may sell and that he receive an equal share with the balance of the heirs of the remaining 2/3 two thirds.  It is therefore ordered by the Court that said Administrator proceed to sell said lands at public sale at the Court House door of the County, the same being to the highest and best bidder in one and two year payments, after giving three weeks notice of the time and place of said sale with a description of the land to be sold in the Watchman a newspaper published in this County, that he secure the payment of the same in same proper and substantial manner, and further ordered by the Court that he under due return of the said sale to this Court as the law requires.  It is further ordered by the Court that all papers on file pertaining to said sale and proceeding thereto be recorded and that said Administrator pay the cost of this proceeding as taxed in this Court against him and for which execution may issue.

B. H. Williams
Judge of Probate
(page 375)

Order on Report of Sale of Land

State of Alabama}
Fayette County   }  Probate Court of Said County
Special Term the 20th day of May 1875

This day came John B. Sanford Administrator of the Estate of James Moore deceased, and filed his report of the Sale of the Land of said Estate in writing and under oath as follows, and the Court having examined the same and being now satisfied that said sale was fairly conducted and the same sale for a price fully equal to its real value.  It is ordered by the Court that the same be received and filed and recorded and that same sale be approved and confirmed.

Witness B. H. Williams
Judge of Probate


Report of Sale of Land Record

State of Alabama}
Fayette County   }
To the Honorable B. H. Williams Judge of the Probate Court of Said County

The undersigned the Administrator of the Estate of James Moore deceased begs to report to Your Honor that on the 20th day of February 1875, he presided and sold the land hereinafter enumerated at auction in front of the Court House door to the highest bidder in one and two year payment after first having given thirty day notice of the time and place of Sale which was duly advertised in the Fayette Watchman a newspaper published in the County, viz.

Lands Sold }            To Whom }                             Amount }
                                   D. N.  Moore                              $500
                                                                              Two payments
                                                                              1st March 1876
                                                                              1st March 1877

The undersigned further states that said sale was in all respect regular and was fairly conducted and that the foregoing is a complete and true account thereof.

John B. Sanford

Subscribed and Sworn to me the 20th May 1875
B. H. Williams
Judge of Probate
(page 472)

Commission to take Testimony

State of Alabama}
Fayette County   }  Probate Court of Said County
Application to Sell Land

To Giles Jones Greeting
Know ye that we in confidence of your prudence and fidelity have appointed you and by these presence do give you full Power and Authority to examine Samuel Porter and George Thompson as witnesses in a Cause or Proceeding now descending in our said Court as set forth in the Caption hereof, and now command you that you do cause the said Samuel Porter and George Thompson to come before you at such time and place as you may designate convenient for them and you, and that you then and there examine them on oath as witnesses in said Cause or Proceeding record the Interrogatories answered, that you cause the testimony to said interrogatories to be reduced to writing and that you return the same answers to this writ closed up under your seal with a paper hereto attached to said Probate Court in all convenient speed and without fail on or before the 31st December inst. 1874 herein fail not.

Witness B. H. Williams
Judge of the Probate Fayette County

JAMES MOORE ESTATE Continued
(Book 2 M2 page 473)

Caption to Depositions

State of Alabama}
Fayette County   }

By virtue of the commission to the attached which issued from the Probate Court of said County in the proceeding stated in said commission  in which commission I am appointed Commissioner, I have caused the witnesses named therein to come before me at the following times and places viz.

I caused Samuel Porter to come before me at my office - my store in Fayette County on the 26th day of December 1874, when and where he testified as follows under oath.
~ In answer to Interrogatory First he says:
I know the land but cannot tell the numbers.
~ In answer to Second Interrogatory he says:
That is my understanding from the parties.
~ In answer to Third Interrogatory he says:
So far as I know, G. H. Moore, D. N. Moore, Mrs. Lesueur, Mrs. Reese, and Mrs. Lawrence all reside in this County, Jesse Moore, Washington I do not know where they are.
~ In answer to 4th Interrogatory he says:
I do not think it can.
~ In answer to 5th Interrogatory he says:
It will be best to sell the land.
Samuel H. Porter

I also caused George Thompson to come before me at my store Fayette County on the 26th day of December inst., when and where he testified as follows.
~ In answer to First Interrogatory he says:
I know the land but do not know the numbers.
~ In answer to Second Interrogatory he says:
I cannot say for I never saw no transfer.
~ In answer to Third Interrogatory he says:
I know the heirs G. H. Moore, D. N. Moore, Mrs. Lesueur, Mrs. Lawrence, and Mrs. Reese, the above names all in the County, Jesse Moore and Washington Moore who live in Mississippi, Columbus.
~ In answer to Fourth Interrogatory he says:
I do not think it can without a sale.
~ In answer to 5th Interrogatory he says:
A sale.
G. W. Thompson

I, Giles W. Jones Commissioner named in the attached Commission under and by virtue thereof caused Samuel Porter and George Thompson the witnesses therein named to come before me at the times and places before stated and each of them being duly sworn by me testified as herein before set down, and that their testimony was rendered into writing and read over to them, and they confer and approve the same, and said depositions and proceedings are by me enveloped and closed up under my seal and returned to the Probate Court of said County and with title of Proceedings therein endorsed.  Given under my hand and seal this 26th day of December 1874.
Giles W. Jones Commissioner (seal)

State of Alabama}
Fayette County   }

I, B. H. Williams Judge of Probate in and for said County hereby certify that the foregoing on pages 472 to 474 inclusive from 373 to 376 inclusive contains a true and complete record of the proceedings and papers therein represented.  Given under my hand at office this the 26th day of May 1875.
B. H. Williams
Judge of Probate

JAMES MOORE ESTATE
(page 620)

State of Alabama}
Fayette County   }  Probate Court August Term
The 21st August 1876.

This day came John B. Sanford Administrator for the estate of James Moore late of said County deceased and filed his report of the sale of  Personal property as sold by him on the ____day of ____187__.  And said report appearing to the Court to be correct and being sworn to by said Administrator it is ordered by the Court that the same be filed and recorded for future reference.
Witness B. H. Williams
Judge of Probate

JAMES MOORE ESTATE
(
Book R2 page 154)

Report of Sale of Personal Property
List of property sold as Estate of James Moore deceased.

J. M. Lesueur one Feather Bed   $52
D. N. Moore one Bed  30.50     J. G. Lawrence one Counterpane  5.00
J. G. Lawrence one Counterpane  6.00     J. G. Lawrence Spinning Wheel  2.00
D. N. Moore one chair  .15     G. J. Lawrence one chair  .25
D. N. Moore one Cover lead  2.00     J. G. Lawrence 2 quilts  3.00
J. G. Lawrence Bed Clothing  3.00     D. N. Moore Safe and Cupboard  .50
D. N. Moore one Pot and Skillet  1.85     W. A. Ballard one pot  .50
D. N. Moore one Grid Iron  .60 and one Smoothing Iron   .40
J. G. Lawrence one Shovel  .70     D. N. Moore one dish  .90
J. Aikens Cups and Saucers  1.20     D. N. Moore Plates .60
J. G. Lawrence 2 Jugs  .35     J. M. Lesueur Jug  .16
J. G. Lawrence one Pitcher  .75  set Tumblers  .50
J. G. Lawrence Churn and Scales Pepper  .20
Casley Shirley Cards  .25
J. G. Lawrence Basket  .15  one Saw and Jigs  5.75

State of Alabama}
Fayette County   }  Probate Court
The 21st  August 1876

This day came  John B. Sanford Administrator of the Estate of James Moore deceased  and filed his report of the same on the____day of ____ 187__ on a credit of Twelve months and being sworn and states on oath and states that the same contains a true and complete report of said sale to the best of his knowledge information or belief.  Sworn to and subscribed before me this the 21st  August 1876.
John B. Sanford Admn.
B. H. Williams
Judge of Probate
(page 155)

Part of sale not in the above.
C. J.  Ham Saw and Jigs  4.00     D. N.  Moore one table  .25
M. E.  Lowrimore one lock  .31     D. N.  Moore one Table  1.10
J. M.  Lesueur Glass  .87     J. G.  Lawrence Saddle  9.00
J. G.  Lawrence Chest  1.00     D. N.  Moore Pots   2.05
J. G.  Lawrence one Jar  1.25     S. N.  Worthy one Bell  .30
C.  Shirley one Cradle  .10     James Williams one Cow  15.05
Williams failed to give note
J. M.  Lesueur  $53.90
D. N.  Moore  44.70
J. G.  Lawrence  34.57

JAMES MOORE DEC’D ESTATE
(Book M3-2 page 398)

The State of Alabama}
Fayette County           }   Probate Court Special Term 15th day of March 81
Present Hon. Holland M. Bell Judge of said Court
James Moore dec’d Estate
Decree on final Settlement

This day being the day to when was continued the hearing and determining the all matters as to the contents heretofore filed by John B. Sanford Administrator of said Estate for a final settlement of his said administration.  Now comes the said Sanford and moves the Court that his said accounts may be passed and allowed as the same has been by him filed as aforesaid.  And it appearing that due notice of the nature of and the time set to make such settlement has been given in all respects according  to law and strictly in pursuance of the order of Court in said estate made and intent on the 3rd day of February 1881, and Thomas H. Davis who was hereto duly appointed by the (Court) to act as Guardian Adlitum to represent and protect the interest of Wm. Moore the only minor concerned in the proceeding and settlement now appearing and in open court consenting to act and proceeding to contest said Settlement which contest is filed in writing.  The Court proceeds to hear the matters pertaining to said accounts and to consider the evidence submitted related hereto.  Whereupon it is shown by sufficient proof that said Administrator has received the assets of said Estate the sum of four hundred and sixty nine and 68/100 dollars in money and that he has justly expended in and about the costs and charges necessary and incident to said administration and in the payment of the just debts of said deceased the sum of one hundred and eighty six and 37/100 dollars leaving a balance of two hundred and eighty three and 31/100 dollars subject to distribution of those entitled.
(page 399)

And said account appearing to be full and correct it is considered and decreed by the Court that said account be and the same are hereby in all things passed and allowed as above stated.

And it appearing to the Court that after paying all costs and charges now due the officers of court including the expenses of this final Settlement and distribution there will remain of the balance of money aforesaid the sum of two hundred and eighty three and 31/100 dollars to be divided among those entitled.  And it further appearing that said decedent left surviving the following heirs and distribution to wit: George H. Moore, D. N. Moore, Elizabeth Lawrence wife of J. G. Lawrence (Note: Actually, Mary Ann Lawrence), Mary Lesueur wife of James Lesueur (Note:  Actually, Elizabeth Lesueur), Nancy Reese wife of A. J. Reese, Jesse Moore, A. W. Moore, and Wm. Moore a minor, a son of Wm. Moore dec’d who was a son of dec’d, all of whom are entitled to share the estate in equal proportions so that the said balance of money must be divided into eight equal parts.  It is considered by the Court each of the said distributors are entitled to have the sum of 35.31 paid to them respectively that being one eighth  part of the said sum $283.31 and the proper share to which said distributors are severally entitled.

It is therefore ordered adjudged and decreed that George H. Moore recover of and from the said John B. Sanford Admn the sum of $35.31.
Received of J. B. Sanford Admn the full amount of the decree.  G. H. Moore (his mark)

It is ordered adjudged and decreed that D. N. Moore recover of said J. B. Sanford Admn the sum of $35.31 and the said Administrator showing to the satisfaction of the Court that said D. N. Moore is justly indebted to him as such Admn in a sum greater that his said distributive share which indebtedness has been accounted as money in hand in this Settlement and the said Admn moves the Court to set off said indebtedness to the amount of $35.31 of the said D. N. Moore distributive share  which motion is granted.

(page 410)

It is therefore ordered adjudged and decreed by the Court that the said indebtedness of said D. N. Moore be set off to the amount of his distributive share of said estate and that said Admn is discharged from this decree.

It is ordered adjudged and decreed by the Court that Elizabeth Lawrence (Note: Mary Ann Lawrence) and her husband recover of said Sanford Admn the sum of  $35.31, but the said Admn showing to the satisfaction of the Court that the said Elizabeth Lawrence and her husband J. G. Lawrence are justly indebted to him as such Admn of said estate in a sum greater than her distributive share of said estate and the said Administrator moves the Court to set off said indebtedness to the amount of _____ the said Elizabeth Lawrence’s share of said estate which motion is granted.  It is therefore ordered adjudged and decreed by the Court that the said indebtedness of said Elizabeth Lawrence and her husband to be set off to the amount of her distributive share of said estate and that said Admn be discharged from this decree.

It is ordered adjudged and decreed by the Court that Nancy Reese and her husband A. J. Reese recover of said Admn the sum $35.31 for which execution may issue.
Rec’d of the Admn of this estate the full amount of this decree this March 25, 1881.
Nancy Reese by D. N. Moore (his mark)

It is ordered adjudged and decreed by the Court that A. W. Moore (Note: Washington Moore) recover of said Admn the sum of $35.31 for which execution may issue; but said Admn having paid and turned over to Holland M. Bell Judge of Probate as provided by sec. 699 of the code as amended by the Acts of 1878 and 79 Page 78 the said sum of _____ the amount of this decree he is discharged there from.
This decree filed and receipt filed 10/14/82.
(page 411)

It is ordered adjudged and decreed by the Court that Jesse Moore recover of said Admn the sum of $35.31; but it being made to appear to the Court that said Jesse Moore is indebted to said J. B. Sanford as such Administrator in a sum equal to his said distributive share of said estate. Upon motion of said Administrator it is ordered adjudged and decreed by the Court that the said indebtedness of said Jesse Moore be set off to the amount of his distributive share of said estate and that the said Admn is discharged from this decree.

It is ordered adjudged and decreed by the Court that William Moore recover of said Administrator the sum of $35.31 his distributive share of said estate the same to be recovered by execution if necessary when the said Wm. Moore arrives at the age of twenty one years or when a lawful guardian is made known and the said Administrator having paid and turned over to Holland M. Bell Judge of Probate for said County as provided by sec. 699 of the code as amended by the Acts of 1878 and 79 Page 78 the said sum of the amount of this decree, he is discharged there from.
(Note in margin ~ Received of Holland M. Bell Judge of the Probate the sum of thirty five and 31/100 dollars in full of this decree this 29 Sept. 1885.  Walter G. Moore by Holland M. Bell Att’y in fact.  Power of Attorney and Affidavit.  Identification filed and recorded in Vol 4  record of Probate Court Page 360 this 29th  Sept 1885.  Holland M. Bell Judge of Probate)

It is ordered adjudged and decreed by the Court that Mary Lesueur (Note: Elizabeth Lesueur) and her husband James Lesueur recover of said Administrator the sum of thirty five and 31/100 dollars; but it being shown to the satisfaction of this Court that said distributee is indebted to the said Admn in a sum greater than said share of said estate, upon motion of said Administrator it is ordered adjudged and decreed by the Court that said indebtedness be set off to the amount of the sum of _____ being the distributive share of said estate and that the said Administrator is discharged from this decree.

The said Administrator having filed with said account his affidavit that he has not used or derived any benefit or profit from said monies while in his possession and the fact not now being controverted by any party interested therein, no interest is charged to said Administrator upon said money while remaining in his hands
(page 412)

And the said Administrator having paid all the costs and expenses of his said administration he is therefore discharged from further liability on account thereof.  It is further ordered by the Court that all accounts, vouchers and evidences and statements relating to this settlement now on file and all other papers,  writings pertaining to said estate and not heretofore recorded be recorded.

Witness Holland M. Bell
Judge of Probate

JAMES MOORE ESTATE Dec’d
(page 480)

The State of Alabama Fayette County
Probate Court 3 Jan’y 1881

This day comes John B. Sanford Admn of the estate of James Moore dec’d and filed his acct vouchers, etc., for a final settlement of his administration of said estate.  It is ordered by the Court that the 3rd day of February 1881 be and the same is hereby appointed a day on which to make such settlement at which time all persons interested can appear and contest the same if they think proper.  It is further ordered that Thos H. Davis be and he is hereby appointed Guardian Adlitum for Wm Moore a minor heir of said estate to represent and protect  the interest of said minor upon said settlement.  It is further ordered that said Thos H. Davis have due notice of said appointment.

Witness Holland M. Bell
Judge of Probate

I acknowledge legal service of this notice and accept the appointment of Guardian Adlitum in this case.
Thos H. Davis (his mark)

State of Alabama}
Fayette County   }  Probate Court
March 15 1881

In the matter of the estate of James Moore dec’d on final settlement of said Estate by the Administrator John B. Sanford.
Now comes Thomas H. Davis Guardian Adlitum appointed by the Court in this settlement to represent one of the minor heirs of the dec’d to wit Wm Moore and denies each and every  item of credit claimed and filed on this settlement by said Admn and all other credits and matters that are in conflict with the interest of said minor in this settlement and now asks the Court to set aside the same and disallow said items as credit.

Thos H. Davis
Guardian Adlitum
Filed 15 March 1881

JAMES MOORE DECEASED ESTATE
(Book 4 series R3 page 447)

State of Alabama}
Fayette County   }  Probate Court March 15 1881

John B. Sanford Administrator of the Estate of James Moore deceased in account with said Estate on Final Settlement
                                                                                                     Dr.
To sale of Real estate Dec. 8th 1876 to Lowry                    $ 271.68
To sale of Personal estate Aug 1874                                       138.86 ½
To Interest collected on Lowry notes                                       59.14
                                                                                                   _________
                                                                                                    $ 469.68 ½

                                                                                                       Cr.
Claim paid to Wm Byrd for J. C. Moore on Judg’t              $ 35.00
Account paid to J. C. Robertson                                               36.84
J. B. Sanford Att’y fee for Services rendered said Estate     20.00
R. J. Smith printers fee for advtz settlement                             6.00
B. W. Wilson Judges fees                                                            7.75
B. H. Williams                                                                              17.65
J. B. Sanford printer fees for advtzs                                         20.00
E. P. Jones Guardian Adlitum fee                                                4.00
Appraisers fees                                                                              4.50
Commissioners Witnesses and Bailiffs fees                              3.00
Thomas H. Davis Guardian Adlitum                                            2.50
Holland M. Bell Judges fees in final Settlement                        5.65
Commissions allowed Administrator  5%                                 23.48
                                                                                                   _______
                                                                                                    $ 186.37

For division among heirs                                                        $ 283.31 ½

(page 448)

George H. Moore, D. N. Moore of age,  Elizabeth Lawrence wife of James Lawrence, Mary Lesueur wife of James Lesueur, Nancy Reese wife of A. J. Reese all of whom reside in this County and Jesse Moore and A. W. Moore residents of Miss and Wm Moore minor heir of Wm Moore dec’d who is a son of dec’d.

The State of Alabama}
Fayette County           }

Before me H. M. Bell Judge of Probate for said County personally appeared  J. B. Sanford Admn of the estate of James Moore dec’d who being duly sworn deposes and says that the foregoing account is full accurate and just and that he has not used or derived any benefit or profit from said monies while in his possession.
John B. Sanford
Admn Said Estate

Sworn to and subscribed before me this 15 day March 1881
Holland M. Bell
Judge of Probate

We or either of us promise to pay J. B. Sanford Admn of the estate of James Moore dec’d the sum of thirty four and 57/100 dollars for value received this 16th day of February 1874.  Due twelve months after date.
J. G. Lawrence
G. W. Hubbert (his mark)

Received of John B. Sanford Admn six dollars for advertising final settlement in the estate of James Moore dec’d.
March 15 1881
Richard J. Smith

Received of John B. Sanford as garnishee of the estate of James Moore dec’d the sum of $35.00 in full settlement of the amount which I obtained against him as such garnishee and Admn of said estate and also the pro rated share of said estate giving to Jesse C. Moore as a distribution of James Moore Estate.
This Feb’y 12 1878
W. M. Byrd

We or either of us promise to pay J. B. Sanford Admn of the estate of James Moore dec’d fifty three and 91/100 dollars for value received February 16 1874.  Due twelve months after date.
James M. LeSueur
Elizabeth LeSueur (their marks)

JAMES MOORE DECEASED ESTATE
(page 479)

John B. Sanford as Admn of estate of James Moore dec’d Dr to J. B. Sanford as atty for service rendered in capacity of Atty for fee due and unpaid for bringing actions of detriment in Ct.. etc.              $20.00

Personally appeared before me J. C. Moore an N.P. and ex officer Justice of the Peace, J. B. Sanford who being duly sworn deposes and says the above acct is just correct and unpaid.  Sworn to and subscribed before me this 15 day of March 1881.
J. B. Sanford
Jno C. Moore Notary Public

James Moore to J. C. Robertson Estate

(Note: The following are open accounts with Robertson’s store.  Robertson obviously contested  the final settlement so he could get the accounts paid.  "Dr." is debits; "Cr." is credits.)

                                                     Dr.
1861 Jan’y 17 by son Geo.
Liniment                                     .25
1 Box Pills                                  .25
1 yd cambric                              .15

Feb’y 4 by son Barnes
1 Box Pills                                  .25
4 Plugs Tobacco                    1.00
1 vial Laudanum                      .15

March 23  T. A. Maddox
6 yds goods for shroud        1.80
10 yds Bl Domestic  .20        2.00
7 yds Black Worsted  .50     3.50
1 pair shoes                             .38
2 paper tacks   .12 ½               .25
1 cup Nails and Screws         .15

(Note: James Moore died March 23, 1861.  Mattox and the following Gilpin were more than likely undertakers.  The materials appear to have been used for a casket.)

P. J. Gilpin
9 yds for casket   .38         3.38

Cr by 7 yds Domestic returned     1.87
July 1 cr per wife (Note: Nancy Moore) by 11 yds Lindsey .30      3.30
July 1 cr per wife by 4 yds Jeans .55     2.50
                                                                    _________
                                                                        $7.67
Amt due by acct in 1860     31.00
                                                44.51 (Note: Total due with added above account debits)
                                                 7.76  (Note: Minus above account credits)
                                             _____
                                            $ 36.84  (Note: Total amount due on accounts)

The State of Alabama Fayette County

Personally appeared before me John O. Moore N.P.  Felix M. Robertson who being duly sworn deposes and says that the above acct is just and true to the best of his knowledge and belief and the same is unpaid.  Sworn to and subscribed before me this 15th of March 1881
F. M. Robertson
Jno C. Moore
Notary Public

Received payment of the above account from J. B. Sanford Admn.
March 15 1881
J. C. Robertson

(Note: Holland Middleton Bell was Probate Judge from 1880 to 1892.  He died in 1943.  John C. Robertson established a store in Fayette in 1844 until it closed in 1958 – three generations later.  John C. Moore was a former County Clerk, Judge of County Court and Probate, Treasurer, and Circuit Court Clerk.  He was not a direct relative of James Moore.)




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This page last updated 05 Oct 2003.