Resolution of Estate of Hezekiah F Erwin, Chambers County, Alabama

Date: [unknown] [unknown]
Location: Chambers, Alabama, United States
Surnames/tags: Black_Heritage Alabama Erwin

Contents 1 Introduction 1.1 H F Erwin probate images 1368-1370 1.2 H F Erwin probate image 1371-1374 1.3 Slaves 2 Sources

Introduction

The attached images are transcribed below:

H F Erwin probate images 1368-1370

Hezekiah Erwin Probate Folder 1 of 2

Hezekiah Erwin Probate Folder 2 of 2

The State of Alabama - Chambers County

Probate Court of said county,

To George Reese, Amos Huguly, George Huguly, Henry W Todd, and Fortune N Chisholm,

Whereas the Estate of Hezekiah F. Erwin deceased, of which Wyche L Jackson, is the administrator in said court, is possessed of certain slaves, viz: Lewis, a man, Patty, a woman, Juno a woman, Matilda a woman, Joshua a man, Billy a woman, Jim, a man, Peggy, a woman, Matilda 2nd a woman, Manda, a girl, Sallie a girl, Jeff a boy, Margaret a girl, Laura, a woman, Edmond, a boy, Isabella a girl, James a boy, Patty 2nd a woman, Clara a girl, Charly a boy, Eliza a girl, Hester, a woman, Cornelia, a girl, Josephine, a girl, Calla, a girl, Eugenia a girl, William a boy, Louisa, a woman, Joshua a boy, Malvina a woman, Thomas a boy, Phillis a girl, Kitty a girl, Mariah, a woman a Charlotte a girl, Henry a boy, Glasgow a boy, Ann Eliza a girl, Lucy a woman Nelson, a boy, Jonny, a boy, Henry Jackson a boy, Winston a boy, Sallymattie a girl, Alphonso a boy John Pedlar a man, Glasgow, a man, Lewis a man, Phill a man, Billy 2nd a man, Susan a girl, Margaret a girl, Juno a girl, Maria Louisa a girl, Lewis a boy, Jim a boy, Squire a boy, Frank a boy, Franky a woman, Sibby, a woman, and Ellen a girl, which said slaves have been directed by due decree of said court to be distributed, after the number of said slaves, in value, to the amount of ten thousand three hundred and fifty-nine 17/100 dollars, shall have been first set apart to the children of said Hez. F Erwin dec'd as follows viz; one fifth part of the remainder of said slaves to Mary W Erwin widow of said deceased, and the balance of said slaves together with those set apart to the children of said deceased as aforesaid, to be equally divided between Thomas W Erwin, Ann Eliza Erwin, Mary W Erwin, Howell Erwin and Lucy Erwin: and whereas, in and by agreement made and into by and between Mary W Erwin widow of said deceased for herself and as guardian of Mary W, Howell, and Lucy Erwin minors and heirs of said deceased and Thomas W Erwin, and Ann Eliza Erwin and which is here unto attached, it is agreed that the separate estate of the said Mary W Erwin and the property given to T. W. Erwin, and Ann Eliza Erwin by said deceased in his lifetime or which they have received since his death, shall be put into Hotchpot, and that the said Mary W as widow as aforesaid shall receive one fifth of the same, and that the aforesaid five children of the deceased, shall share equally in the balance; And you and each of you, having been duly appointed in and by said decree, commission to make such distribution.

Now therefore you are here by commanded, after having first taken an oath, to make such distribution fairly and impartially, if the same can be made, to proceed and make such distribution of said property according to such decree, the agreement hereunto attached, and your said oaths, and to make return of your proceedings, in the premises, in writing signed by you, on or before the 13th day of February AD 1860.

Witness: Wm L Clayton Judge of said court, at office, in Lafayette, this 16th January 1860.

Wm L Clayton

Judge of Probate

H F Erwin probate image 1371-1374

(note there are some minor differences in the transcription from the original such as spelling out "and" rather than using an ampersand)

To the Honorable W. L. Crayton

Judge of Probate

Chambers County Ala

The undersigned commissioners appointed by your said court to divide the negroes belonging to the estate of Hezekiah F. Erwin deceased, beg leave to Report.

That having first taken an oath to divide the same fairly and impartially if the same could be done, according to the order of your said court made on the 16th of January 1860, we proceeded to appraise the negroes of said estate to the sum of $44,025.00. We then set apart slaves to the value of $10,350.17 as directed in your said order. Of the remainder we set apart one fifth to Mary W Erwin as follows: Franky and two children valued at $1950 _ Mariah and child $1475 _ Billy Sr $500 _ Matilda Sr $1000 _ Louisa $950 _ Joshua Jr $1175 _ Jeff $275 _ Glasgow $475 _ Charley $200 _ Cornelia 350 Total $6750.

We set apart to Thomas W Erwin John Pedlar valued at $1600 _ Lucy and child Sallie Mattie $1450 _ Nelson $1175 _ Johnny $1050 _ Winston $900 _ Henry Jackson $600 _ Alphonso $300 _ Isabella $350 _ Kitty $350 _ Patty (less) $200 Lewis (less) $100 Total $7475.

We set apart to Anna Eliza Erwin Sibbie $1450 _ Phil $1600 _ Hester and child William $1400 _ Charlotte $750 _ Callie $500 _ Mal and child Phillis $1600 _ Peggy $300 Juno $200 Total $7450

We set apart to Mary Willis Erwin Jim valued at $1100 _ Mariah Louisa $200 _ Juno Jr $950 _ Frank $900 _ Laura and child James $1625 _ Amanda $850 _ Billy Jr $1500 _ Eugenia $300 _ Total $7420

We set apart to Howell Francis Erwin Patty and child Eliza $1575 _ Sallie $600 _ Lewis Brown $1600 _ Margaret $1150 _ Glasgow Sr $1525 _ Henry $650 _ Clara $350 _ Total $7450

We set apart to Lucy Cobb Erwin Matilda and child Margaret $1600 _ Susannah $1425 _ Jimmy Jr $1250 _ Lewis $1300 _ Joshua $300 _ Tommy $550 _ Josephine $800 _ Edmond $250 _ Total $7475

Mrs Mary W Erwin widow's distributive share being $6733.16, she became indebted to Mary Willis Erwin $16.84. Each child's distributive share $7458.36 Thomas W Erwin became indebted to Mary Willis for $16.52 and Anne Eliza 12 cents and Lucy Cobb became indebted to Anne Eliza $824 and to Howell Francis $8.40.

After having made the above division Mrs Mary W Erwin, according to the agreement attached to your order and entered into Oct 6 1859 between the said Mary W Erwin, Thomas W Erwin and Anne Eliza Erwin brought into Hotchpot her separate estate to wit which we proceeded to appraise as follows: Ellen $300 _ Billy $1400 _ Lewis $1600 _ Daniel $1600 _ John $1600 _ Squire $1300 _ Mary $50 _ Jim $1400 _ Catherine $950 _ Tommy $900 _ Georgianna $550 _ Charlotte $50 _ Charley $300 _ Total $12000

Thomas W Erwin and Anne Eliza Erwin brought forward in accordance with said agreement the following: Polly $1000 _ Mary $1400 _ George $1000 _ Thaddeus $1150 _ Green $600 _ Matilda and child Milly $1400 _ Sarah Ann and child Annie $1600 _ Jane and child Judy $1200 _ Peter $1150 _ Willis $950 _ Silvy $500 _ Reuben $400 _ Milly $450 _ Miranda $1300 _ Jeff $1700 _ Total $15800_

In accordance with said agreement, we placed the above specified negroes and those belonging to the estate into Hotchpot, and proceeded to divide the whole as directed in said agreement.

Total amount as appraised $71825.00 - of which we set apart to Mrs Mary W Erwin one fifth as follows. Ellin $300 _ Billy $1400 _ Lewis $1600 _ Daniel $1600 _ John $1600 _ Squire $1300 _ Mary $50 _ Jim $1400 _ Catherine $950 _ Tommy $900 _ Georgianna $550 _ Charlotte $50 _ Charley $300 _ Franky and her two children Squire and Ellen $1950 _ Louisa $950 - Billy $500 _ Matilda $100 Cornelia Juno Total $14950.00

We set apart to Thomas W Erwin and Anne Eliza Erwin together (by their request) Polly $1000 _ May $1400 _ George $1000 _ Thaddeus $1150 _ Green $600 _ Jane and child $1200 _ Peter $1150 _ Willis $950 _ Silvy $500 _ Reuben $400 _ Milly $450 _ Miranda $1300 _ Jeff $1700 _ John Pedlar $1600 _ Lucy and child Sallie Mattie $1450 _ Nelson $1475 _ Johnny $1050 _ Winston $900 _ Henry Jackson $600 _ Alphonso $300 _ Sibbie $1450 _ Phil $1600 _ Total $25625.00

We set apart to Mary Willis, in addition to those set apart and valued to her by us under your said decree as hereinbefore reported:, Peggy $300 _ Isabella $350 _ Charlotte $750 _ Jeff $275 Hester and child $1450 _ making together with the $7425.00 the total value of negroes hereinbefore set apart to said Mary Willis $10,550.00

We set apart to Howell Francis in addition to those set apart and valued to him as hereinbefore reported: Collie $500 _ Mariah and child $1475 _ Glasgow Jr $475 _ Charley $200 _ making together with the $7450 the value of negroes hereinbefore set apart to him $10,100.00.

We set apart to Lucy Cobb, in addition to those negroes set apart and valued to her by us under your decree as hereinbefore reported Mal and child $1600 _ Kitty $350 _ Josh Jr $1175 making together with the $7475 as hereinbefore set apart to her $10,600

Whereupon Mrs Mary W Erwin became indebted to Mary Willis to the amount of $585.00_

Thomas W Erwin became indebted to Mary Willis to the amount of $357.00 and also to Howell Francis to the amount of $963.50_

Anne Eliza became indebted to Howell Francis to the amount of $428.50 and to Lucy Cobb $892.00

Which said amount added to the Lot each child received makes each Lot to the value of $11492.00 which was each child distributive share under the articles(?) of the agreement.

Subscribed before me

Hugh A Smith J.P.

George Reese}

Amos Huguly}

George Huguly} Commissioners

Slaves

<insert slave table with WikiTree ID here; work in porgress Flamer-1 21:29, 26 January 2024 (UTC)>

Sources