Court Records...
Probate
of G. W. Borden Estate
(submitted by Sherry Tew)
THE STATE OF ALABAMA,
PROBATE COURT.
WALKER COUNTY. April
1, 1931.
In the matter of the Estate
of
George W. Borden,
Deceased.
To the Hon. E. W. Long,
Judge of Probate:
Your petitioner L. E. Borden
respectfully represents that she is the widow of said George W.
Borden, deceased, late of said county, who departed this life on
or about the 26th day of March 1931, leaving him
surviving, your petitioner, his widow, and his no minor
children, under the control of petitioner in this county leaving
assets in this county; that on the 1st day of April
1931, Letters of Administration granted to L. E. Borden who on
the 1st day of April 1931, filed his Inventory of
said estate in said Probate court; and now she as the widow
aforesaid, claims for herself and said minor children as exempt
from administration the following items of personal property
described in said inventory and in the appraisement of the
personal property of said estate, with the appraised value
thereof, to-wit:
No.
Items Appraised value
1 horse
30.00
2 cow and
calf 30.00
3 one
heifer 20.00
4 one
hack 10.00
Total
90.00
Real
Estate
The SE1/4 of the SE1/4 section
17, and the SE1/4 of the NE1/4 section 20 and the NE1/4 of the
NE1/4 section 20, less six acres sold off the east side thereof,
all in township 15 range 6 west in Walker County, on which
George W. Borden resided with his family at time of death; and
on which petitioner prays that same be ascertained to be all the
real estate owned by deceased at time of his death and that same
be set aside to her, as exempt from administration after same is
appraised.
Your petitioner therefore
prays that your Honor may make all necessary orders and decrees
in the premises as may be necessary and proper to set apart and
allot said property aforesaid to her and as exempt from
administration.
Sworn to
and subscribed before me, L. E. Borden
This 31 day
of March 1931. her mark Petitioner
Probate
Court of Walker County
Estate of
George W. Borden, Deceased.
We, the undersigned, being
heirs of George W. Borden, deceased, do hereby acknowledge
notice of application to have set aside to L. E. Borden, the
widow of George W. Borden, deceased, the real estate belonging
to said George W. Borden, at the time of his death, namely: SE ¼
of SE1/4 section 17 and SE1/4 of NE1/4 section 20 and NE1/4 of
NE1/4 section 20 less six acres heretofore sold off from same
along east side, and we expressly waive any further, other or
legal service of notice, of said application to set aside said
exemptions or hearings on same or on confirmation of report
setting exemptions aside.
G. F. Borden
Irena
Jacks
James
M. Borden
Mc
Borden
Joseph
M. Borden
J. H.
Borden
M. P.
Borden
Pernie
Griffin
Probate
for George Washington Borden Estate
(submitted by Sherry Tew)
THE STATE OF ALABAMA,
PROBATE COURT
WALKER COUNTY. April 1st,
1931.
In the matter of the Estate
of
George W. Borden,
deceased.
Present, Hon. E. W. Long,
Judge of Probate:
And now on this day comes L.
E. Borden and presents to the court her petition in writing
under oath praying that letters of Administration on the estate
of George W. Borden deceased, issue to her, which petition is
examined by the court and ordered to be filed and recorded; and
it appearing to the court from the allegations contained is said
petition, and from other good and sufficient evidence, that the
said George W. Borden departed this life at Walker county on or
about the 26th day of March 1931, being at the time
of his death an inhabitant of said county and state; that he
died leaving assets in said county and state, which assets, both
real and personal, are estimated to be worth about $1000.00
dollars consisting of 120 acres land and one horse, cow and calf
and 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 fifteen days before this
day, and it further appearing to the satisfaction of the court
that L. E. Borden, the said petitioner is widow 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 administratix and no person having
appeared to oppose the granting of letters of Administration to
the said L. E. Borden 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 L. E. Borden first file in this
court her bond in the penal sum of $1000.00 dollars conditioned
and payable according to the statue in such cases made and
provided with such surety or sureties as may be approved by the
court. It is further ordered that the said petition be
recorded.
And now again come, L. E.
Borden and present to the court for approval her bond in form as
by this court heretofore required with L. E. Borden, Irene
Jacks, Geo. Borden, M. C. Borden, Jas M. Borden, Joseph W.
Borden, J. H. Borden, W. P. Borden and Pernie Griffin as
securities thereon, and the court being now sufficiently advised
concerning said bond and said securities it is ordered and
adjudged by the court that the said bond be taken, approved and
recorded.
It is therefore ordered,
adjudged and decreed by the court that Letters of Administration
on the estate of said deceased be granted to the said L. E.
Borden and that she be and hereby is authorized to administer
said estate. It is further ordered that the said L. E. Borden
proceed immediately to collect and take into her possession the
goods and chattels, money, books, papers and evidences of debt
of the said deceased, except the personal property specifically
exempted from administration under sec 4199 code and make due
return under oath to this court of a full and complete inventory
thereof within two months.
It is further ordered that D.
A. Gilbert, I. W. Gurganus and Joe L. Love be and they hereby
are appointed appraisers of the personal property of said
estate, and that a warrant of appraisement be issued to them,
notifying them of their appointment, and they make due return to
this court, under oath of their proceedings within two months.
E. W. Long,
Judge
of Probate
Orders To Sell Lands To Divide
(submitted by Sherry
Tew)
The State of Alabama
Probate Court
Walker County May
29th, 1905
In the matter of the
Estate of W. H. Borden deceased, present Hon. Jas. M.
Shepherd, Judge of Probate:
This being the day
heretofore set to hear and determine the petition of B. F.
Borden, Administrator of the Estate of W. H. Borden
deceased, for an order to sell certain lands hereinafter
________, for the purpose of making an equitable division
among the heirs and _______, said day being not less than
forty days from the time of making said petition, now comes
the said petitioner and moves that said petition be
granted. And it appearing to the Court that J. D. Acuff
heretofore appointed Guardian ad Litum to represent the
minor heirs, and G. W. Borden, M. A. Thompson, Nancy C.
Boyd, A. M. Kitchens, heirs and ______ of full age and
residing in this State, have been duly notified of said
petition and the day set for hearing the same, by citations
served upon them not less than ten days before this day, and
the said J. D. Acuff heretofore appointed Guardian ad Litum
to represent and defend the interests of William, Monroe
Borden minor heirs, in all matters pertaining to this
proceeding, coming now and consenting to serve as Guardian
ad Litum, denying the allegation contained in said petition
and demanding proof, the Court now proceeds to hear said
petition. And, it appearing to the satisfaction of the
Court, from the proofs and exhibits contained in and forming
a part of the said petition, and from the depositions of G.
W. Stanley and W. W. Staggs, disinterested witnesses,
submitted by said petitions, which depositions are ordered
to be filed of records, that the lands mentioned in said
petition, of which the said deceased died signed and proved,
which lands are described as follows to-wit: N1/2 of S1/2
and SW ¼ of SW ¼ Sec. 20 – and NW ¼ of SW1/4 Sec. 21, and SW
¼ of SE1/4, and S1/2 of SW. Fraction Sec. 26 and SE
Fraction E of River SW 27 and NE Fraction E of River Sec. 34
and W ½ of NW ¼ of NW1/4 Sec 35, all in Tp 15 B6 West, and
all the coal and other minerals in under and upon the SE1/4
of NW1/4 Sec. 29 Tp 15 R6 West and S1/2 of SW1/4 Sec. 21
Tp15 R6 West – except the coal and other minerals under and
upon said cost named. 80 acres of lands, all lying and being
in Walker County, Alabama cannot be equitably divided among
said heirs and devisics and that a sale thereof is,
therefore necessary for the purpose of making an equitable
distribution among the heirs as devisics, it is therefore
ordered, adjudged and decreed by the Court, that the said
petition be scentia, and the said B. F. Borden, Adm. Is
hereby ordered to sell the above described lands, between
the hours of 11 o’clock in the forenoon and 4 o’clock in the
afternoon, on the 19th day of Jan. 1905, at the
court house door in Jasper, Walker County, Ala. At public
sale to the highest bidder, after first having given notice
of the day, place and terms of said sale, and a description
of the lands, for three successive weeks in the Mountain
Eagle a newspaper published in said County of Walker and
that he make report of said sale to this court within thirty
days after the same is made. It is further ordered that
said sale be made on the following less viz. for such. And
it is further ordered that said petition be recorded. And
A. M. Kitchens the widow of the said deceased, having filed
her written contest thereto, it is further ordered that the
dower interest of A. M. Kitchens the said widow, in the said
lands and that the said consent of the said widow be
recorded.
Jas. W. Shepherd,
Judge of Probate
The
State of Alabama Probate Court
Walker
County June, 1905
In the Matter of the Estate of William H. Borden, deceased.
This matter comes to be
heard upon the petition of Nancy C. Boyd and William Monroe
Borden by their writ (friend?) to charge the other heirs of
the Estate with advancements and upon the evidence
introduced in the cause, and the agreement of all the heirs
of said Estate, except the minor, William Monroe Borden,
which such agreement is in words and ____ as follows: (Here
copy the Agreement) from all of which it appears to the
satisfaction of the court that each of the heirs of the
Estate of William H. Borden, deceased, have received, as
advancements the sum of six hundred ($600) Dollars, except
Nancy C. Boyd and William Monroe Borden; and that they, the
last named heirs, have received in advancements, and thus
they, the last named heir’s, are entitled to have, ___ of
the said Estate, enough to make them equal with the other
heirs; that is, to say six hundred ($600) Dollars, which
over and above what the other heirs receive; and it is so
ordered, adjusted, and ____, and in the settlement of this
Estate, the administrator is by this decree ordered and
directed to so charge said advancements in this settlement
as to carry out the Spirit of this divorce (?), and to the
end that, taking into consideration the said advancements of
the heirs of said Estate may be made equal.
Jas. W. Shepherd
Judge of Probate
The Estate
of W. H. Borden, Deceased.
On the 19th day
of June, 1905, came G. W. Borden, Administration of the
estate of W. H. Borden, deceased, and filed in this court a
report of the sale of certain lands belonging to said
estate, which lands are described in said report as follows,
to wit – N1/2 of S1/4 of SW1/4 of SW ¼ Sec. 20, and NW1/4 of
SW1/4; SW1/4 of SW1/4 and SW1/4 of SE1/4 and S1/2 of SW
fraction, Sec. 26 and SE Fraction East of River, Sec. 27 and
NE Fraction East of River Sec. 34 and W1/4 of NW1/4 Sec. 35.
Tp. 15 Range 6West excepting and reserving all the coal and
other mineral in, under and upon said lands, and also
excepting and reserving all the timber and water and right
to build roads and railroads, and all other rights and
privileges usually contained in mineral rights deeds, all
situated, lying and being in Walker County, Alabama. The
Adms. Further reports that the other lands and mineral
interest in lands belonging to said estate and described in
the petition and decree of sale in this matter, we also
offered for sale: and showing the purchases thereof:
And this cause coming up
to be heard on this day set for hearing the same, and it
appearing to the court from the report of the evidence _____
that the said lands described therein sold for an amount
greatly less than their value, and that the purchase of the
mineral interest to said lands had failed to comply with the
terms of the sale, and that this sale should not be
confirmed;
It is further ordered,
adjusted and decreed by the court that the said sale of said
lands, by such administrator, be not confirmed and that the
sum be vacated, set aside and held for naught.
It is further ordered,
adjusted and decreed by the court that the said lands may be
again sold by the administrator of said estate under the
terms and provisions of a former decree in this court,
ordering ___ to be sold.
July 1, 1905
Jas. W. Shepherd
Judge of Probate
Estate of W.
H. Borden Deceased
State of Alabama
Walker County
Probate Court
Estate of W. H. Borden,
deceased.
In the matter of the
estate of W. H. Borden, deceased,
This day come Mrs. Nancy
C. Boyd one of the heirs and distributors of the Estate of
W. H. Boyd deceased, and moves the Court to make an order
requiring B. F. Borden, the administrator of the estate of
W. H. Borden deceased to file a report of the sale of
certain real estate made on the 4th day of March
1907.
It is therefore ordered
that the said administrator be required to file a report of
said sale on or before the 22nd day of April
1907. It is further ordered that notice be issued to said
B. F. Borden to file said report.
Witness
my hand this 8th day of April 1907.
James W. Sheperd
Judge of Probate
W. H.
Borden Estate
(submitted by Sherry
Tew)
The
State of Alabama Probate Court, Oct. Term 1903
Walker
County Oct. 26, 1903
In the matter of the
Estate of Wm. H. Borden, Deceased.
Present, the Hon. Jas. W.
Shepherd, Judge of Probate: And now, on this day comes Alcy
Borden and presents to the Court her petition in writing,
under oath, praying that Letters of Administration on the
Estate of Wm. H. Borden, deceased, issue to said Alcy
Borden, 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 Wm. H. Borden
departed this life near Cordova on or about the 25 day of
Sept. 1903 being at the time of his death an inhabitant of
said County and State: that he died leaving assets in said
County and State, which assets, both real and personal are
estimated to be worth about Two Thousand Dollars, consisting
of Real Estate and 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 fifteen days before this day and it further
appearing to the satisfaction of the Court that Alcy Borden
the said petition, is the widow 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 administration, and no person having
appeared to oppose the granting of Letters of Administration
to the said Alcy Borden 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 Alcy Borden
first file in this Court her bond in the penal sum of One
Thousand Dollars, conditioned and payable according to the
statute 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 come Alcy
Borden and presents to the Court for approval her d in form
as by this Court heretofore required, with G. W. Borden, B.
F. Borden, Dr. B. F. Borden and E. W. Long as securities
thereon, and the Court being now sufficiently advised
concerning said bond, and said security, it is ordered and
adjudged by the Court that the said bond be taken, approved
and recorded.
It is therefore ordered,
adjudged and decreed by the Court that Letters of
Administration on the estate of said deceased by granted to
the said Alcy Borden and that she be and hereby is
authorized to administer said estate. It is further ordered
that the said Alcy Borden proceed immediately to collect and
take into her possession the goods and chattels, money,
books, papers and evidences of debt of the said deceased,
except the personal property by law reserved to the widow
Alcy Borden and make due return, under oath, to this Court,
of a full inventory thereof within sixty days. It is
further ordered that
Jas. W. Shepherd,
Judge of Probate
Issued Oct 26, 1903, J. W.
Shepherd, Judge of Probate
Recorded in Minute Record,
D. Page 381-382.
Jas. W. Shepherd,
Judge of Probate
Lineage of this Borden:
James Hawkins Borden
William Hawkins Borden (son) - married 1st Malissa (unknown)
and (2) Alcy Matilda Brown.
George Washington Borden (son of W. H.)
Joseph Washington Borden (son of G. W.)
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