Andrew Smitherman Estates

Date: 1870 to 1911
Location: Bibb, Alabama, United States
Surname/tag: Smitherman

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Contents 1 Bibb County Administrative Account Book K page 12 listing of heirs 2 ADMINISTRATIVE ACCOUNT BOOK J, pages: 613 - 619, 620-622, 623 & 624 3 1911 Final Estate 3.1 Chilton County Will Book , pages 506-510 4 Acknowledgement

Bibb County Administrative Account Book K page 12 listing of heirs

1. Lucinda - widow, resides in Baker County, Alabama.
2. Heirs of the estate of Margaret N Davis who was the wife of Joseph M Davis and the daughter of Andrew, to wit: Martha J Hayes and her husband Crawford Hayes, Joseph M Davis, Rachel T Davis and Walter H Davis all under twenty and resides in Bibb County, Alabama.
3. Jane Franklin a daughter and resides in Bibb County, Alabama.
4. Martha Smitherman a daughter and resides in Baker County, Alabama.
5. Heirs of the estate of Harriet Atchison a daughter - to wit: Joseph or Jasper Atchison, Nancy E Atchison, Newton Atchison, Ezekiel V Atchison, all minor under 21 and resides in Baker County, Alabama.
6. Heirs of the estate of Robert Smitherman deceased a son - J G Smitherman resides in Bibb County, Alabama, Lafayette Smitherman of full age and resides in Baker County, Alabama. Joel Smitherman, Robert Smitherman, Lorane Smitherman, Parolee Smitherman & Olive Smitherman, all minors under 21 and resides in Baker County, Alabama.
7. The Heirs of the estate of Fereby Cox a daughter, to wit: Matthew Cox, Andrew J Cox, Rutha Cox, Nancy Cox, Lafayette Cox, all of full age and residents of Baker County, Alabama, and Delia Cox a minor under 21 and resides in Baker County, Alabama.

ADMINISTRATIVE ACCOUNT BOOK J, pages: 613 - 619, 620-622, 623 & 624

Excerpt from page 614 listing heirs

The following is a correct list of the heirs of the said Estate, theirs ages and residences to wit:

1. Lucinda Smitherman, widow of said deceased of full age and resident of Baker County, Alabama.
2. The heirs of the estate of Margaret M Davis, who was the wife of Joseph M Davis and daugher of said deceased to with: Hardy Jackson Davis, Mary Ann Davis, Martha Jane Davis [NOTE: page 623 lists her as wife of (Crawford J Hays), Joseph M Davis, Rachel T Davis, and Walter H Davis all minor under 21 and resides with their father Joseph M Davis in Bibb County, Alabama.
3. The heirs of the estate of Robert D Smitherman who was a son of said deceased to wit: J G Smitherman, Lafayette Smitherman, Joel Smitherman, Robert Smitherman, Lorenza Smitherman, Parlee Smitherman and Olive Smitherman all minor heirs under 21 years of age and resides with their mother in Baker County, Alabama.
4. Jane Franklin widow of Peter Franklin and daughter of said deceased of full age and resident of Baker County, Alabama.
5. Martha Smitherman a daughter of said deceased of full age and a resident of Baker County, Alabama.
6. The heirs of the estate of Harriet Atchison who was a daugher of said deceased, to wit: Joseph Athison, Nancy Athison, Newton Atchison, Ezekiel Atchison all minor and under 21 years of age and resides in Baker County, Alabama.
7. The heirs of the estate of Fereby E Cox, who was the wife of Joseph E Cox and daugher of said deceased to wit: Matthew Cox, Andrew J Cox of full age and residents of Bibb County, Alabama, Rutha Cox, and Nancy Cox of full age and residents of Baker County, Alabama, Lafayette Cox, and Delia Cox both minors under 21 years of age and resides with their father in Bibb County, Alabama.

Sworn to and subscribed before me this 22 day of September 1870. Signed Joseph M Davis

Jackson Gardner, Judge of Probate

1911 Final Estate

Chilton County Will Book , pages 506-510

The State of Alabama Probate Court Chilton County, March 7, 1911.

In the matter of the Estate of Andrew Smitherman deceased. To the honorable E B Deason Judge of Probate. The petition of the undersigned T J Hubbard, respectfully respresents unto your honor that Andrew Smitherman departed this life at his house in Chilton County, Alabama leaving no last will or testament so far as your petitioner knows or believes, and that his death was known more than forty days before this date. This petition further shows that the said Andrew Smitherman was an inhabitant of Chilton County, Alabama and died seized and posses of real estate situated in the said County of Chilton as follows to wit: W1/2 of NE 1/4, E1/2 of SE 1/4, Section 28. W1/2 of SW 1/4 Section 27, twenty acres in the Northeast corner of NW 1/4 of NW1/4: thirty acres on north side of NE 1/4 of NW 1/4 in Section 34, all in Township 22 Range 12.

That the said Andrew Smitherman was survived by his widow Lucinda Smitherman who died intestate on or about the month of September 1910; the said Andrew Smitherman was survived by the following children: Eliza Davis, Harriett Atcheson, Robert Smitherman, Ferbie Cox and Jane Franklin all of whom are now deceased. That the decendants of these five children of the said Andrew Smitherman are the only heirs to the above described property, and their names, ages, and residence are as follows: to wit:

Eliza Davis a daughter of the said Andrew Smitherman is survived by the following children:

PAGE 507

Martha J Hayes and Rachel T Splawn who are over the age of twenty-one and reside in Chilton County, Alabama and J M Davis who is over the age of twenty-one years and resides at 14th St & Ave H, Elnsley, Jefferson County, Alabama and are each entitled to one third of one fifth of said estate.

Harriett Atcheson a daughter of said Andrew Smitherman is survived by the following children; B J Atcheson who is over the age of twenty-one years and resides at Lawley, Bibb County, Alabama. E Z Atcheson who is over the age of twenty-one years and resides at Newtonville, Alabama. Margaret Davenport deceased. B J Atcheson and E Z Atcherson are entitled each to one third of one fifth of said estate. Margaret Davenport deceased is survived by the following children: Ezekiel E Davenort who is over the age of twenty-one years, Howard Davenport, who is nineteen years of age Lillie M Davenport who is over the age of twenty-one years, and Dewey Lee Davenport who is twelve years of age, each whom resides in Bullard, Texas are each entitled to one fourth of one third of one fifth of said estate.

Robert Smitherman a son of the said Andrew Smitherman is survived by the following children: Goodman Smitherman, Parylee Bearden , Alice Ferguson, Lou Anne Bearden, each of whom is over the age of twenty-one years and who resides in Chilton County, Alabama; and Joel Smitherman who is over the age of twenty-one years and who resides at Excel, Alabama: and Fate Smitherman deceased, each of these is entitled to one sixth of one fifth of said estate. Fate Smitherman deceased is survived

PAGE 508

by the following children: James Smitherman who is over the age of twenty-one years and resides at Littleton, Alabama; Jennie Dickson and Flavey Smitherman each of whom is over the age of twenty-one years and resides at Hamilton, Alabama; Bettie Beverly who is over the age of twenty-one years and resides at Dickson's Mills, Alabama. Doctor Smitherman who is over the age of twenty-one years and resides at Maplesville, Chilton County, Alabama; Flossie Smitherman fourteen years of age and Fay Smitherman ten years of age both of whom reside at Thomasville, Alabama. Each of these is entitle to one seventh of one sixth of one fifth of said estate.

Ferbie Cox who was a daugher of the said Andrew Smitherman is survived by the following children; M T Cox over the age of twenty-one years and resides in Chilton County, Alabama, Mrs John Roy over the age of twenty-one years and resides at Milton, Alabama; R L Cox over the age of twenty-one years and resides at Avondale, Jefferson County, Alabama; Adelia Cox Davis deceased and A J Cox deceased. These being the children of of Ferbie Cox are each entitled to one fifth of one fifth of said estate. Adelia Cox Davis is survived by one child Mort Davis over the age of twenty-one years and resides at Blocton, Bibb County, Alabama and is entitled to one fifth of one fifth of said estate. A J Cox is survived by the following children; Julia Little over the age of twenty-one years and resides at Waco, Texas; Ethel Cox over the age of twenty-one years and resides in Tuscumbia, Alabama,

PAGE 509

Gladys Primm over the age of twenty-one years and resides at 2503 19th St & 23rd Ave., Ensley, Jefferson County, Alabama; Scott D Cox, and J J Cox both over the age of twenty-one years and resides at Randolph, Bibb County, Alabama; Alice Cox fifteen years of age, A D Cox twenty years of age both reside at Randolph, Bibb County, Alabama. These being the children of A J Cox deceased are each entitled to one seventh of one fifth of one fifth of said estate.

Jane Franklin a daughter of said Andrew Smitherman is survived by the following children: Margaret Glasscock, Mary Adelia Hubbard and Alice Glasscock each of who is over the age of twenty-one years and resides in Chilton County, Alabama, and Ferabie Lee over the age of twenty-one years and resides at Eden, Texas and they are each entitled to to one fourth of one fifth of said estate.

Petitioner represent the the above is a correct statement of the names, residences, ages and condition of the heirs and distributees of said estate. That your petitioner being the husband of Mary Adelia Hubbard, a grand daughter of the said Andrew Smitherman deceased and an inhabiton of this State and County and over the age of twenty-one years and in no respect dis______ under the law from serving as administrator and believing that the said estate showed be immediately administered to the end that the said property may be collected and preserved for those who shall appear to have legal and right therein, it is therefore prayed that you Honor will grant letters of administration on the said estate to him upon his entering into bond in such sum as required by law and with such

PAGE 510

security shall be approved by your Honor.

Sworn to and subscribed before me this the 7th day of March, 1911. T J Hubbard Peitioner

E B Deason, Judge of Probate

The State of Alabama Probate Court, Chilton County. March 13, 1911

In the matter of the estate of Andrew Smitherman deceased. Letters of Administration on the Estate of Andrew Smitherman deceased are hereby granted to T J Hubbard who has been duly qualified and on bond as such, and is authorized to administer said estate.

Wittnessed my hand this 13th day of March 1911. E B Deason, Judge of Probate

The State of Alabama Chilton County Probate Court, March 13, 1911.

In the matter of the Estate of Andrew Smitherman deceased. Present Hon. E B Deason Judge of Probate and now on this day comes T J Hubbard and present to the court the petition in writing under oath, praying that letters of administration on the Estate of Andrew Smitherman deceased be issued him T J Hubbard which petition is examined by the court and ordered to be filed and recorded; and it appearing to the court from the alle____ in said petition and from other good and sufficent evidence that the said Andrew Smitherman departed this life at Chilton County, Alabama on or about the year 1866 being at the time of his death an inhabitant of said County and State that he died .............................................

Acknowledgement

Originally posted and transcribed by Margie Smitherman. Links to original posts: 1870 estate; final estate.