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In Matter Estate of Charles Eubanks

Source: General Docket Greene County



Page 35
At Rules lst Monday of July 1884

Petition for Letters of administration to D.C. Eubanks by Mary Eubanks filed June 25, 1884.

Citation issued to D. C. Euabnks to appear at rules first Monday in July 1884: June 28th, 1884, returned ? Executor June 26th, 1884

From cause shown by the said D. C. Eubanks proceedings in this matter continued till first Monday in August.

Adjourned till lst Monday in August


Page 36

Minutes Amended by Order of the Court as follows.

In the Matters Estate of Charles Eubanks

At Rules lst Monday in August 1884

D. C. Eubanks failing to qualify. No other person applying for letters of administration on Estate of Charles Eubanks, deceased. And there being no County Administrator, It is therefore considered by the Court that Hillard McInnis, Sheriff of Greene County, be appointed said administrator and the oath letters of administrator were granted to him this 4th day of August 1884.

It is further ordered that the following persons be appointed appraisers to appraise the goods, chattels, and personal estate of said Charles Eubanks, deceased, to wit Clem Mallett, John McIntosh, and J. S. Coate and that said appraisers meet at an early day for that purpose at the late residence of said decedent.

In Matters of the Estate of Charles Eubanks, Deceased

Source: Minute Book 1 of the Greene County, MS

Chancery Court


Page 80

Monday, August 4, 1884

In Matters of the Estate of Charles Eubanks

Petition for letters of Administration by Mary Eubanks, widow of the deceased Charles Eubanks

Upon petition filed by Mary Eubanks for letter of administration in said estate filed June 23, 1884. It appearing to the satisfaction (of the court) that no person will qualify as administrator of said estate, it is therefore ordered by the court that H. McInnis, Sheriff of the county and State aforesaid be appointed administrator of said estate, and that said sheriff shall make settlement of his administration at the termination of his office and deliver whatsoever property he may have of the estate at that time to his successor in office or to such other person as may be appointed administrator and his official bond as sheriff shall be security for his faithful administration of said estate.

In Matters of the Estate of Charles Eubanks

It is ordered that H. McInnis, Sheriff of Greene County be appointed administrator of said estate and that letters of administration be granted and that appraisers be appointed.


Page 81

State of MS, Greene County Chancery Court

October Term 1884

At a regular term of the Chancery Court begun and held in and for the County of Greene in the State of MS at the courthouse of said county on the second Monday of October A.D. 1884, it being the 13th day of said month. Present the honorable Sylvester ? Evans, Chancellor of the 7th Chancery Court District of the State of MS, Hillard McInnis, Sheriff of said county and Daniel McLeod, Clerk of said court.


Page 83–Erroneous copy


Page 84

In the Matter of the Estate of Charles Eubanks, deceased

H. McInnis, Administrator

Upon opening and reading the petition of Hillard McInnis, Sheriff and administrator of said estate for the sale of the personal property of said estate, it appearing to the satisfaction of the court that the prayer of the said petitioner ought to be granted. It is ordered adjudged and decreed by the court that a sale of all the personal property of said estate or as much thereof as will pay the debts of said estate and that said administrator sell the same to the highest bidder on the premises of the deceased in six months time, the purchaser giving notice with approved security for the purchase money and that the administrator give such notice of sale by posting written notice in three public places in said county as the law directs.

Done and decreed this October 13, 1884

S. Evans, Chancellor


Page 85

In the Matter of the Estate of Charles Eubanks, deceased

H. McInnis, Administrator

Comes to be heard the motion of the clerk to confirm his action in vacation in granting letters of administration to H. McInnis in said estate and its court having considered the same. It is ordered and decreed that said motion of said clerk to confirm his action of administration be and is hereby confirmed.

Done and decreed the 14th day of October 1884

S. Evans, Chancellor

Ordered by the court that the sheriff be allowed the sum of $2.00 for one day’s attendance of this term of court and that the clerk be allowed the sum of $2.00 for stationary.

Ordered by the court that it stand adjourned until term in course.

S. Evans, Chancellor


Page 89

In Matters of the Estate of Charles Eubanks, deceased

H. McInnis, Administrator

Comes in to be heard the motion of H. McInnis, administrator of said estate to confirm the report of the appraisers in this cause which motion being understood ? by the court. It is ordered adjudged or decreed by the court that said appraisers’ report be and the same is hereby confirmed.

Done and decreed this 13th day of April 1885

S. Evans, Chancellor


Page 90

In Matters of the Estate of Charles Eubanks, deceased

This day comes up to be heard the motion of Hillard McInnis, administrator of said estate to sell the personal property of said estate and appearing to the satisfaction of the court that said sale was made and conducted as the law directs by posting of notices of said sale at least in three public places in the county, and further appearing to the satisfaction of the court upon proof that said sale was opened at 11 o’clock a. m. and closed before 4 p.m. on the day therein named and that the sale was fairly conducted and that the property sold at said sale brought a fair value.

It is therefore considered that the said report be confirmed.

Done and decreed this 13th day of April 1885

S. Evans, Chancellor


Page 95

In the Matters of the Estate of Charles Eubanks, deceased

This day comes up to be heard the annual account of Hillard McInnis, administrator upon said estate, and it appearing to the satisfaction of the court upon proof made that said account is in conformity to the statute made and provided in such cases.

It is therefore ordered by the court that said account be confirmed.

Ordered adjudged and decreed October 12th A.D. 1885


Page 105

At rule in the clerk’s office 1st Monday, 6th day of September 1886

In Matters of Estate of Charles Eubanks

Hill McInnis, Administrator

Whereas Hill McInnis was appointed administrator of the Estate of Charles Eubanks by virtue of the office of sheriff on the 11th day of August 1884 and whereas the time of office of sheriff of this said Hill McInnis expired on the 31st day of December 1886

It is ordered that H. O. Avera present sheriff and successor of said Hill McInnis be appointed administrator de bono non or? said estate and the said Hill McInnis having filed petition on the 14th day of August 1885 for a final settlement. It is further ordered that citations issue to all parties interested in said estate to show cause if any they can why said final settlement should not be allowed and that the said Hill McInnis turn over all the effects still to be administered of said estate to said H. O. Avera.

Done this 6th day September 1886

Dan McLeod


Pages 109-110

In the Matter of the Estate of Charles Eubanks, deceased

This day comes up to be heard the final account of Hillard McInnis, administrator of said estate. It appearing to the satisfaction of the court that all parties of interest have had due and legal notice by citation of the filing of said account and that no injunction having been filed to the allowance thereof and the said account having been support by legal and proper vouchers

It is therefore ordered and decreed that the said account be and the same is hereby allowed as stated except as to the item of one hundred and seventy-four dollars note and accounts due said estate. The sum of seventy nine dollars of that amount is allowed, and the amount of ninety-five dollars in disallowed leaving a balance of one hundred and thirteen dollars due said estate by the said administration. It is further ordered that said administrator be charged with the said sum of one hundred and thirteen dollars (pay this same pro rata) to the creditors of said estate properly taking their receipts therefore in front of said estate and file this same in the court. There upon the st____ discharged from any and all further liability as such administrator.

Ordered and decreed the 11th day of October 1886

S. Evans, Chancellor


Page 111

(In Matter of ) Estate of Charles Eubanks, deceased

H. McInnis, Administrator

Comes to be heard in the motion of Dan McLeod, Clerk of this court to confirm his acts in the granting order of citations to heirs to appear at the term of court to show cause why said administrator’s final account should not be allowed.

It is ordered by the Court that said clerk’s actions in granting orders of citation to heirs in vacation is hereby confirmed and satisfied.


Page 112

It is ordered by this Court that H. O. Avera, sheriff of this court be allowed the sum of two dollars one day’s attendance in the court at this term.

It is further ordered that Daniel McLeod, Clerk of this court be allowed the sum of two dollars for stationary furnished at this term of the court.

It is ordered that this court adjourn until term in course.

This 11th day of October A. D. 1886

S. Evans, Chancellor


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