Mark Martin Franklin (abt. 1796 - 1873)

Born about 1796 in Grainger, Tennessee, United States [uncertain]

Husband of Nancy Ann (Stapleton) Franklin — married 12 Feb 1824 in Baldwin County, Alabama, USA

Descendants

Died 23 Sep 1873 at about age 77 in Starlington, Butler County, Alabama, United States of America

Problems/Questions Profile managers: Sandra Vasko [send private message], Belinda Jacks [send private message], and Lisa Franklin [send private message]

Biography

Mark was born about 1796 in Grainger County, Tennessee.^[1]

He enlisted as a private, laborer/soldier, on 25 Apr 1814 at Huntsville, Alabama in Captain T. Stewart's Company, 39th Regiment of US Infantry and was discharged at Fort Scott, Georgia on 24 Apr 1819 when his term expired.^[1]

Mark was married 12 Feb 1824 in Baldwin County Alabama to Nancy Ann Stapleton.^[2]

STATE OF ALABAMA Baldwin County, ss.
To the Sheriff of said County--Greeting.
You are hereby commanded that of the Goods and Chattles, Lands and Tenements of Efford Jones if be found within your County, you cause to be made the sum of three hundred and ninety dollars & sixty cents which Mark Franklin lately in our Circuit Court in and for our said county of Baldwin hath recovered against him for damages. Also, the sum of sixteen dollars and nineteen cents which to the said Mark were adjudged for his costs by him about his suit in that behalf expended, whereof the said Efford is convicted as appears to us of record, and that you have the said sums of money before the Honorable Judge of our Circuit Court, on the fourth Monday after the fourth Monday of March next--to render to the said Mark of the damages and costs aforesaid; and have you then and there this writ. Witness, Origree Hibley--Clerk of the Court aforesaid, the twenty fourth day of February A.D. 1825, and of the Independence of the United States of America, the 49 year. Issued the 24 of Feby 1825
Attest Origree Hibley, Clerk
The Sheiff will compute debt from the 26th November 1822 till satisfied O. Hibley, Clerk [Note-there is an E. Jones on the 1820 Baldwin County, AL state census as follows that might be Efford: JONES, E., 2,0,0,2 (2 males over 21 and 2 females under 21)]

He received the following land patents for land in Butler County, Alabama: Certificate #26716 for the NE1/4 of the NW1/4 of Section 11 Township 8 Range 12, on 21 Jan 1836; Certificate #33211 for the NW1/4 of the NE1/4 of Section 10 Township 8 Range 12 on 05 Dec 1836; and Certificate #47896 for the NW1/4 of the NW1/4 of Section 12 Township 8 Range 12.^[3]

Butler County, AL Will Book 2, pages 204-5-

Last Will and Testament of Mark Franklin dated 4th Nov 1870

State of Ala - Butler County In the name of God Amen, for and in consideration of the fact that I am old and must soon pass away and for and in consideration of the ___ ___ for my legal wife and children, being yet in my right mind I make this my last will and testament. I give and bequeath to my wife during her natural life one quarter section of land known and described as follows the SW 1/4 of SW 1/4 of S1 and the SE 1/4 of SE 1/4 S2 and the NW 1/4 of the NW 1/4 of sec 11 and the NW 1/4 of the NW 1/4 of S1_ all lying in T8 and R12 containing two hundred acres more or less. I do also bequeath unto her all of the household wares kitchen furniture and also the present crop corn cotton and potatoes same and all and stock of all kind horses cattle sheep and hogs all to have and hold during her life time, Provided she remain unmarried until that time and after her death all that remains of the above named property is to equally divided between all of the children with no exceptions and the remainder of my land if the children think that best to be sold and equally divided between them and if not sold of and divided for some of them to pay the taxes till the division of the above lands given to my wife. In testimony whereof I have signed sealed and delivered in the presence of these. Witness Bartilla Burkett Twiggs Franklin

Alabama } Butler County} Before me H W Watson Judge of Probate for said County comes Bartilla Burkett to me well known who on his oath says that he was present and saw Mark Franklin whose name appears signed to the foregoing paper writing sign and seal the same as and for his last will and testament that at the time of signing said paper writing he the said Franklin was of sound mind and memory, that he signed said paper writing as a witness in the presence of and at the request of and at the request of the said Franklin and in the presence of Twiggs Franklin who also subscribed his name as a witness thereto and in the presence of each other

Page 206

on the day & year the same bears date. B Burkett Sworn to and subscribed } this 2nd December 1873 } H W Watson JPBC

This paper writing admitted to probate and established as the last will and testament of Mark Franklin deceased and recorded in book of Wills No 2 on pages 204, 205, 206 2nd December 1873 Attest H W Watson JPBC

Estate of Mark Franklin

In matter of probate of will

This day came Twiggs Franklin a citizen of Butler in the state of Alabama and presented to the court a paper writing of the last will and testament of Mark Franklin deceased, late resident of the county of Butler in Alabama. And it is ordered that the second day of December 1873, be set for the hearing and from a statement made it appears to the court that the deceased left to his next of kin , the following named persons to wit; Nancy Franklin widow of the deceased, and the following children: Catherine Burkett, wife of E. Burkett, Edmon Franklin, Mary Burkett, Relia Burkett wife of Elias Burkett, Fernetia Burkett wife of Bartillo Burkett, Adela Riley wife of William Riley, and the heirs at law of Kiziah Burkett deceased: Viney Waller wife of John Waller, residing in the state of Texas, Netty Ann Burkett aged 18 years, Frances Burkett fourteen years, and Moses Burkett aged ten years, all said heirs of full age and reside in Butler county except the last three named who are minors and Viney Waller residing in Texas and the heir at law of Morris Franklin, to wit Stephen Franklin

Before me H.W. Watson Judge of probate of said county comes Bartillar Burkett. To me well known who on his oath says that he was present and saw Mark Franklin whose name appears signed to the foregoing paper writing sign and seal the same as and for his last will and testament that at the time of signing said paper writing he the said Franklin was of a sound mind and memory. That he signed said paper writing as a witness in the presence of and at the request of the said Franklin and in the presence of Twiggs Franklin who also subscribed his name as a witness think and in the presence of each other on the day and year the same has date.

B. Burkett Sworn to and subscribed this second day of December 1873

H.W. Watson J.P. Butler This paper writing admitted to probate and established the last will and testament of Mark Franklin deceased as recorded in book of wills no 2 p204, 205, 206. 2nd day of December 1873

Estate of Mark Franklin deceased

Order admitting will to probate

The cause of the application of Twiggs Franklin a citizen of Butler County for the probate of a paper writing purporting to be the last will and testament of Mark Franklin deceased late of the County of Butler and the state of Alabama coming on for a hearing and if appearing to the court that notice of the application and the day set for hearing has been given by publication for the succession…..In the South Alabamian a newspaper publication in the County of Butler Alabama notifying John Waller and wife Viney Waller who are of full age and residing in he state of Texas to be and appears a court of probate to be held for Butler County Alabama on the 2nd day of December 1873 to show cause against said probate, and the citation to the next of kin citing them to appear this day to show cause (all of whom are resident in the state having been retained into court since accepted except as to E. Burkett and Catherine Burkett as to whom citation has been sent by James H. Perdue Sheriff of Butler County ten days before the day of hearing, and the semci as to the others being present in the open court and it appearing to the court that the deceased Mark Franklin was a resident citizen of the county of Butler Alabama of full age and B. Burkett one of the subscribing witnesses to said paper writing a credible person of full age and a citizen of Butler county coming unto open court and being duly sworn do depose and say that he was present and saw Mark Franklin whose name appears signed to said paper writing sign in and seal the same as and for his last will and testament that he the said Franklin at the time of signing said paper writing was of a sound disposing mind memory and unclear standing that he the afore a sign and sealed paper for the last will and testament that he the said Franklin at the time of signing said paper writing was of a sound dispossessing mind memory and unclear standing that the said offiant sign and said paper writing as a witness in the presence of and at the request of the testator and in the person of Twiggs Franklin the other subscribing witness and in the person of each other on the day the sworn ????. It is therefore ordered and judged and decreed by the court that said paper writing be and the sworn is hereby admitted to probate and established as and for the last will and testament of the said Mark Franklin deceased and ordered that the sworn be recorded and filed.

Twiggs Franklin, a citizen of Butler County of full age and applied for letters of administration with the will annexed on the estate of Mark Franklin deceased late of said county, and he having entered late bond in the sum of five hundred dollars continued as the law directs with Bartillar Burkett and Edmond Franklin as his securities which is approved and order to be recorded and filed. It is therefore ordered adjudged and decreed by the court that letters of Administration with the will annexed of Mark Franklin deceased issued to him which is done and ordered that the said administrator return an inventory of said estate to this court within Sixty days and ordered that t warrant of appraisement issue to John A. Bryan, J.W. Eubanks and Joseph Weanly? To appraise said estate and that they impart the same to this court in sixty days.

Petition for Dower

This day being the 10th day of December 1873 came Nancy Franklin widow of Mark Franklin deceased and filed her dissent in writing of the last will and testament of her deceased husband Mark Franklin deceased as aforesaid and elects in the place of the provision made for her by such will to take her dower in the lands of her deceased husband and such portion of the personal estate as she would have been entitled to in case of intestacy which is attested by two witnesses and is ordered of record in this court.. 108 page 1

_____Of Mark Franklin Deceased

Bond $500.00 filed December 10, 1873

The state of Alabama Butler County

Know all men by these present that in Twiggs Franklin and Bartillar Burkett and E. Franklin of the County and state aforesaid and held and firmly bound unto H.W. Watson Judge of the County of Probate for said _____ And his successions in office for the final sum of five hundred dollars for which payment well and truly to be and done m find ourselves our heirs executors and administrator Attests justify and _____firmly by these present. Stated with our seals and dated this 10th day of December 1873. The conditions of the above obligation is such that whereas the above bound Twiggs Franklin has been appointed administrator of the estate of Mark Franklin deceased with the will how if the said Twiggs Franklin shall well and truly perform all the duties which one as may be by law with required of him as such administration then the aforesaid obligation to heirs ____To remain in full force Taken approved and ordained to be needed H.W. Watson judge of Probate Twiggs Franklin Bartillar Burkett Edmund Franklin

The dissent of widow to the will The state of Alabama Butler County

To H.W. Watson Judge of Probate for Butler County Alabama. Nancy Franklin Widow of Mark Franklin deceased late of the county and state aforesaid most respectfully represents unto your honor that her deceased husband mark Franklin died testate September1873 having made his last will and testament, which last will and testament has been admitted to probate and established as the last will and testament of the said Mark Franklin deceased by the probate court of Butler County Alabama. That she is dissatisfied with the provisions made for her by her said husband the said Mark Franklin in his said last will and testament and hereby files dissent then to and prays that in the place of the provision Made for her in said last will and testament that she will take her dower in the lands and of the personal estates such part and portion thereof as she would have been entitled in case of intestacy in the estate deceased his bond witness by my hand this 15th day of December 1873.

Nancy Franklin

Witness Philip Burkett J.W. Morris

Petition to sell perishable property The state of Alabama Butler County Probate Court To Honorable H.W. Watson Judge of Probate for Said County

Twiggs Franklin administrator of the estate with the will annexed of Mark Franklin deceased, respectfully represents unto your honor that the following personal property belonging to the estate of the said deceased to wit one sow and pigs, and three goats, 5 head of cattle team of four oxen, lot? Of sheep 1 mule, 1 log chain, lot of farming utensils, 2 saddles, 1 lot pine boards, 8 bedsteads, and one lot of? one ??? One lot of crockery, one pair of fire dogs, half interest in a cross cut saw, carpenters tools, 3 shovels, one lot of old iron, one vice, and grind stone, 1 scythe and stock, shoe making tools, 2 camp? / Box and shaving implements, nine chairs, one spinning wheel, and one cast syrup mill is of a perishable nature and liable to waste. In this that it is perishable in its nature and character and that a sale of said property would therefore be beneficial to said estate wherefore your petitioner prays that your Honor will in accordance with statute for such case, made and provided???? Grant ant order for the sale of said property early a day as the law will permit, and at a place and at such a time as it may please your honor to direct. Rest not there cant read last line Sworn to and subscribed this twentieth day of December 1873. H.W Watson Judge of Probate, Twiggs Franklin

A list of sale of Property sold 5th day of January 1874 for cash

Mrs. Nancy Franklin Shoe tools, $1.00 , Lner? 1.60, Shaving tools 1.60, bread and pitcher, gallon box, 20cents, safe $4.20, grist mill sacks, lot of …single trees and chair, 40 cents digging plow $2.95, mule $25.00, saddle, tin safe $5.40 wagon, $10.20 clock $2.55, five chairs $1.75, cash syrup mill.

The other set apart to the widow

Twiggs Franklin 1 lot of sugars, 75cents, old irons, 50cents each, scythe 75cents, anvil 10.75, spinning wheel 65cents, lot of 3 foot boards $2.00

Edmond Franklin 6 chairs $4.50, log chain $1.45, log planks $1.00, knives and forks 50 cents, ___ wedge 65cents, ____ $1.75

William Riley sow and 5 pigs $4.50 yokes oxen $15.00

J.R. Coleman 1 cow and calf $7.50 1 lot 75cents William Y.Hughes 2 heifer yearlings $3.00

John A. Bryan Scrap hook and draw knife $1.35, rasp 65cents, one shovel 40 cents, lot of flour $1.50

J___ D. Stinson 13 head of sheep$9.00, saddle 13.0, chisels 70 cents; hand saw $1.60, ___80 cents

R.L. Black 1 lot of plunder 50cents, bed stead $1.55,

Bartillar Burkett 1 large pot $4.00, lot of plows stocks 1.00

Prays that the sums may be corrected in said report of sale to …in accordance with this report-said sale having been fairly conducted in all things and full payments having been made the purchasers for the lands purchased by them respectively as herein stated. He now prays that he may be authorized by an ordain of your honorable court to convey titles to each of said purchasers for the lands purchased by them respectively and your petition will even pray and ____ Sworn to and subscribed before me November 12, 1874 Twigg Franklin J.L. Powell Judge of Probate.

The State of Alabama Butler County To: Honorable J.L. Powell Judge of the Court of :Probate for said county

Your petitioner Nancy Franklin respectfully witnesses? unto your honor that she is the widow and relict of Mark Franklin late of said county deceased: that said deceased departed this life about the ninth day of September 1873 the he made his last will and testament by which he did not provide for your petitioner as amply as the law provides for her and your petitioner filed her descent in the Probate Court of Said County on the 10th day of December 1873 dissenting from the provisions of the said last will and testament of said deceased and electing to take the provisions made for under the law and your petitioner further represents unto your honor that said deceased died seized? And possessed of the following to which she had never realized ?? furnished? Her. Dower to wit: The northeast ¼ of the northeast ¼ section 11 and the southeast ¼ of the southeast section 2 less five acres which had been previously disposed of to Bartilla Burkett in the last described forty acres also the West ½ of the Southwest ¼ of the Southeast ¼ of the Southwest ¼ and Southwest ¼ , Southeast ¼ section 1 and Northwest ¼ of Northwest ¼ Section 12 and Southwest ¼ of Southeast ¼ section all in Township 8 Range 12. Lying and being in the county and state aforesaid and containing 315 acres more or less that said deceased left surviving heir the following named heirs and descendents your petitioner Nancy Franklin widow and relict of age, also the following named children to wit: Edmond Franklin, Twiggs, Franklin, Catherine Burkett wife of Evan Burkett, Mary Burkett, widow of Henry Burkett, Rilea Burkett wife of Elias Burkett, Fernettia Burkett wife of Bartilla Burkett, Adella Riley wife of W.C. Riley all of whom are of full age and reside in the county of Butler and state aforesaid, and Hugh, Viney, Nelly Ann, Moses, and Frances Burkett children of Kiziah Burkett deceased all of whom are minors except Hugh Burkett who is of full age and resides in Butler County Alabama. The other four minors reside in Monroe County Alabama. And Stephen Franklin child of Morris Franklin deceased of full age and resides in Monroe County Alabama. That Edmond Franklin, Twiggs Franklin and Bartilla Burkett are the executors of the last will and testament of said deceased. That the estate of said deceased is unencumbered and clear of debt your petitioner therefore prays that the property of said Estate which is not the subject of administration shall be set apart to her under the Statute laws of the State of Alabama, that her dower interest or the proceeds thereof a portion of which has been sold in the real estate be set apart to her by meets and bonds, that a day be set apart to hear and determined upon this application that a Guardian at Letters be appointed for said minors and that such other and all other proceedings may be had herein as shall be necessary and proper so as to have your petitioners dower interest in said lands set apart to her. And your petitioner will ever pray and c___

Sworn to and subscribed before me January 4, 1876. J.L. Powell Judge of Probate Nancy Franklin

Sworn to and executed before me the sixteenth day of November 1876

John W. Tipton being sworn to speak he truth and nothing but the truth doth depose and say the following:

1st to the first Interrogatory he saith I know Edmon Franklin, Twiggs Franklin, Delia Riley, Polly Burkett, Nett Burkett, Relia Burkett, Hugh Burkett, son of Kiziah Burkett deceased, Stephen Franklin, son of Morris Franklin deceased, Catherine Burkett now twenty one years of age, Delia married to W. C. Riley, Polly married to Henry Burkett, Nett Burkett married to Bartilla Burkett, Relia Burkett married to Elias Burkett, Catherine Burkett married to Irvin Burkett. None of the under 21, Edmond Franklin, Twiggs Franklin, Polly Burkett, Nett Burkett, Relia Burkett, Hugh Burkett, Catherine Burkett reside in Butler County. Delia Riley resides in Louisiana, Stephen Franklin, residence not known. They and they alone are the heirs and distribution and for said to the second Interrogatory he said I know the lands belonging to the estate of Mark Franklin deceased To the third interrogatory he saith said lands cannot be fairly and reasonably divided without a sale thereof. I reside within one and a half miles of said lands have known said lands for the last ten years. Cash value 75 cents per acre credit of timeline months 1.00 per acre. To the fourth interrogatory, I have stated all that I know sworn to and ascribed before me this sixteenth day of November 1876.

Coleman O. Gwynn

He Commissioner in said commission named as hereby certifies that the evidence of the witnesses 111th ????/ John C. Stinson John W. Tipton was taken down under the oath and subscribes my presence after being read over to them on the 16th day of November 1876 at Georgiana in the county of Butler and state of Alabama and that I have personal knowledge of said witnesses and that I am no kin or connection to any of the parties interested in said action.

Coleman O. Gwynn

The state of Alabama Butler County Court of Probate for Said County

In the Probate Court of said county to the Honorable J.L. O. Powell Judge of the Court of Probate for said County

Twiggs Franklin administration with the will annexed on the estate of Mark Franklin late of said county deceased, respectfully represents unto your honor at on the 18th day of December 1876 He as such administration sold the real estate belonging to the estate of said deceased, and that at said sale Bartilla Burkett became the purchaser of the SW ¼ of SW ¼ Section 1 and NW ¼ of North West ¼ Section 12 all in Township 8 Range 12 at 26 Cents per acre amounting to $20.80 with interest from date and at said sale John Hudson became the purchaser of the SW ¼ of SE ¼ and SE ¼ of the SW ¼ section one Township 8 Range 12 at 31 cents per acre amounting to twenty four and 80cents and no dollars that each of them have made full and complete payment for the lands purchased by them respective twelve months interest added thereto at the prices stated. That the report of the sale was incorrectly stated but that the purpose and right numbers of the land purchased by each of them are correctly stated herein, and your administration _____

The state of Alabama Butler County

In the Probate court of said county to Honorable Judge of Probate of said county

The undersigned administrator of the estate of Mark Franklin Respectfully represents unto your Honor that on the day of 1876 he obtained an order and decree of your Honors Court as such administrator to sell the following described real estate belonging to the estate of said deceased to wit: The Southwest ¼ of the Southeast ¼ and the Southeast ¼ of the Southwest ¼ and the Southwest ¼ of the Southwest ¼ all in section one and the Northwest quarter of the Northwest section twelve all in Township eight Range 12 containing 160acres more or less. That on the 18th day of December 1876, he sold the same on the premises of the deceased between the hours of 12 o'clock PM and 4 o'clock PM on a credit of twelve months with interest from the day of sale after having given more than three weeks notice of the terms, time and place of sale. Together with a description of the property in the Greenville Advocate a newspaper published in Greenville in the county and state aforesaid that at said sale Bartilla Burkett purchaser of the Southwest ¼ of the Southwest ¼ Section 1 and the Northwest ¼ of the Northwest ¼ section 12 all in Township 8 Range 12 containing 80 acres more at 26 cents per acre amounting to twenty dollars and that at said sale John Hudson became the purchaser of the Southwest 1/4 of the Southeast ¼ and the Southeast ¼ of Southwest ¼ Section 1 Township 8 range 12 containing 80 acres more or less for the sum of thirty one cents per acre amount to Twenty four and 80/100ths dollars that said was fairly conducted and concluded and that said lands sold for a price not greatly less or disproportionate to their real value. That the purchasers above mentioned have complied with the terms of said sale your petitioner therefore in consideration of the promises aforesaid prays your honor to confirm said sale in all things and our petitioner will ever pray and your petition further prays that this report may be ever on file in your honors office that if any of the parties in interest wish to contest the sale they may do so on or before the expiration of thirty days from this date this January 29th 1877.

Given and subscribed before me January 29th 1877 J.L. Powell Judge of Probate

Twiggs Franklin

Twiggs Franklin administrator in account current with the Estate of Mark Franklin deceased annual settlement made on the 20 Th day of August 1877

To amount of sale Bill of personal property sale June 5th 1874 for case of interest and same 79.15

Of sale of real estate sold on the 18th day of December 1876 14.20

A credit of twelve months interest from date Interest on same up to 27th August 1877 45.60 141.40

To Amount to balance 20.70

Cc By amount paid Court case Number 1 21.35 By amount of interest on same 4.40 By amount paid Nancy Franklin Court Case Number 2 78.70 By amount of interest on same 16.25 121.70

This day came Twiggs Franklin administrator of the Estate of Mark Franklin deceased who being duly sworn according to law represents and says that the written accounts are correct to the best of

Sources

1. ↑ ^{1.0 1.1} "United States Registers of Enlistments in the U.S. Army, 1798-1914," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QJD5-J69K : 9 March 2018), Martin Franklin, 26 Apr 1814; citing p. 181, volume 009, , , , United States, NARA microfilm publication M233 (Washington D.C.: National Archives and Records Administration, n.d.), roll 5; FHL microfilm 350,311.
2. ↑ Baldwin County, Alabama Marriage record from NARA widow's pension packet.
3. ↑ Middleton, Barbara Perdue. Tract Book Butler County, Alabama 1817-1860. Undated. p17. Repository - Clayton Genealogical Library, Houston, Texas. Call # M628 BUTL ALA.

• Will/Probate-Butler County, AL
• Obituary, The Greenville Advocate, 02 Oct 1873
• US Federal Census - 1840 Butler County, AL
• US Federal Census - 21 Jun 1860, Starlington, Butler County, AL
• NARA military records (attached)
• The Heritage of Butler County, AL, p247-8. (attached)
• Baldwin County, AL court records, 1825