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Final Estate Settlement of Jesse Smitherman

Privacy Level: Public (Green)
Date: 1863 to 1876
Location: Bibb, Alabama, United Statesmap
Surnames/tags: Smitherman Smotherman
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Probate Court Minutes Book "H" 1863-1864 pages 101-105

State of Alabama
County of Bibb
Jesse Smitherman dec'd
In the matter of the Probate of his will

Page 101

"This day came James W Latham & filed his petition in writing here with producing & filing in this court an instrument of writing purporting to be the last Will & Testatement of Jesse Smitherman deceased and praying for such orders ____ proceeding as may be proper required for the ___ probated records of said Will in this court which said instrument appears to be attested by Joseph Tucker & John Brown of Bibb County, Ala & who are alleged to have signed the same as subscribing witnesses thereunto. And it appearing to the court from said petitioner is named in said instrument of writing as the executor of the same & that Mrs Pheriby Smitherman is the widow of said Jesse Smitherman, dec'd., and that she is of fulll age & resident of Bibb County, Ala that the next of kin of said Jesse Smitherman decd are as follows (he having no legitimate children) to wit:
  • Andrew Smitherman a brother of said deceased of full age & a resident of Bibb County, Ala;
  • Mathsinia Jones, a sister of said deceased of full age & a resident of Bibb County, Ala;
  • 4th Elizabeth Tucker a sister of said deceased of full age & a resident of Bibb County, Ala;

PAGE 102

PAGE 103

PAGE 104

It is therefore ordered by the court this the 14th day of November 1864 be set as day for hearing testimony in proof of said instrument as such Will that said Joseph Tucker & John Brown be subpeoned to be & appear on 14th said day of November 1864 in & before this court to tistify & give evidence of & concerning all & any facts touching the question of validity of said instrument as such will & that sais Pheriby Smitherman, Andrew Smitherman, Mathsinia Jones, Elizabeth Tucker, Grandison Smitherman, Thomas J Smitherman, Sinia Bowling, Mary Ann Hicks, Wily Tucker, Joseph Tucker, Susan Tucker, G. Smitherman, Newton Smitherman, Nancy Smitherman, Julia Smitherman, Martha R L Latham, Wily M Latham, Salona Smitherman, Mary E Smitherman, & James Smitherman, Elizabeth Goodwin, Susan Oakly, A W Smitherman, Martha J Howard, Caroline Davis, Adaline Laurence, Noah Lawley, Pheriby Burns, Rebecca Caldwell, Lavinia Caldwell, Columbus Caldwell, Elizabeth Caldwell, Mary Smitherman, Pereby Smitherman, Alfred Smitherman, James Smitherman, Jesse Smitherman, Betsy Smitherman, Lucy Ann Smitherman, Martha Smitherman, Catherine Caldwell, July Garner, Rebecca Killingsworth, Margaret Brown, Sela Latham, Jesse Latham, Tuscaloosa County, Petsy Rolly, Isaac Rolly,Elizabeth Garner, Nancy Howard, Adoline Howard, Catherine Howard, WIlliam Howard, Andrew Smitherman, ELizabeth Garner, Martha Smitherman, Margaret Smitherman, Noah Laurence, Margaret Right, Catherine Davis, Nancy Laurence, Lavinia Smitherman & Bodecia Ann Smitherman, Parolee Cox & Nancy Cox be notified of this proceeding & of the day above set for hearing the same by citation to be personally served upon each of them to appear on said day & contest said application if they think proper. That said Nancy Smitherman, Newton W Smitherman, Mary Ann Letcher, John W Smitherman, William Smitherman, Mary Fitts, Nancy Rogers, John Howard, George Howard, Henry Howard, James Davis, Noah Smitherman, Jesse Smitherman, Polly Smitherman, Nancy Smitherman, Joseph Lawley, William Lawley, James Caldwell, William Jackson Garner, the unknown heirs of Sarah Killingsworth decd, the children & heirs of Martha Snider decd who are unknown, the unknown heirs of Polly Laurence decd, Amanda Crumpton, William Laurence, Edward Laurence, Jonathan Laurance, Nancy Latham, Sarah Latham, Ptsy Latham, Betsy Latham, William Latham, Jesse Latham, James Latham, Rebecca Atkinson be notified of this proceeding & of the above set for hearing the same & brought in as parties to this proceeding by publication continued for three successive weeks in the Central Engravers ______ papers published in Bibb County, Ala notifying them severally to appear on said day & contest said application if they think proper & that T. Smitherman Esg, be & he is hereby appointed Guardian ad litem to represent & protect the interest of all said minors named in said petition

PAGE 105

& he being in open court accepted said appointment and agreed to served as guardian ad litum.

Bibb County Minutes Book "K" pages 231-232

State of Alabama
County of Bibb
Probate Court of Bibb County, Alabama January 12, 1876
Jesse Smitherman deceased Estate of
As to the Final settlement

Page 231

This day came Thos. J Smitherman as the administrator of said Estate and filed his statements accounts vouchers and endorse for a final settlement of his said administration and said account having been examined by the court and found apparently correct and being now reported for such settlements. It is ordered that the matter of said settlement be set for a hearing on the 7 day of February 1876 and that notice

Page 232

of the time and nature of such settlement at the Court House and at three other public places int his county there being no newspaper published in this county.
Jackson Gardner
Judge of Probate

Page 240 Probate Court Special Term February 7th 1876

This day having been set to hear and determine all matters as to the accounts heretofore filed by Thos. J Smitherman as the administrator of said Estate for a final settlement of his said administration now comes the said Smitherman and moves the court that his said accounts may be passed and allowed as the same as been by him filed as aforesaid. And it appearing that due notice of the nature of and of the time set to make such settlement has been given I all respects according to law and strictly in pursuance of the order of count in said Estate made and entered on the 12th day of January 1876. The court proceeds to hear the matters pertaining to said accounts and to consider the evidences submitted relating thereto. Thereupon it is shown by sufficient proof that said administration has received of the assets of said Estate the sum of two hundred forty nine and 60/100 dollars which being deducted from the full amount of debits to with $249.60 leaves nothing in the hands of the said administrator belonging to said Estate. And said account appearing to be full and correct, it is considered and decreed by the court that said accounts be and the same are hereby in all things passed and allowed as above stated and that said administrator be discharged from any further liability upon said estate. It is further ordered that all accounts, vouchers, evidences, and statements on file relating to this and any former settlement and all other paper writings on file respecting said Estate be recorded.
Jackson Gardner
Judge of Probatea
Estate Sale of Jesse Smitherman
The following persons made purchases

John Gardner Nicholas Sanford James Glasscock Elisha Whatley James Grigsby David Richey James Adams John Wilson Jonathan Lawrence Zeno Phillips Andrew Caviness Rebecca Smitherman Charles Murray Frances Hicks Thomas Coker T Goodwin John Goodwin Andrew Smitherman John Kernkill Sinai Smitherman Nathan Jones Aaron Searcy Elizabeth Cost Benjamin Wooten Benjamin Tucker Bartlett Laws William Ray William H Stark John Hinkle James Ferguson Edward Lawrence William Whittle Margaret Smitherman Andrew White Branson Lawrence Thomas McCarmack


Originally posted and transcribed by Margie Smitherman. Link to original post.


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Categories: Smitherman Name Study