James Hendricks Estate Settlement - 1858

(earlier probate in 1849/50)

The State of Mississippi
Winston County

March term 1858
Probate Court

To the Honorable Nathan TABOR, Judge of said court. The petitioner
Of Henry C. L. HENDRICKS of said county shows that sometime in the month of January 1849 James Hendricks late of said county and State died leaving a last will and testament which has been duly probated and admitted to record in this honorable court as the same will appear to your honor upon reference to the records thereof. And your petitioner executor thereof and that letters testimony were granted to the said Henry C. L. HENDRICKS at the time of the probate of said will. That said testator left a personal estate estimated at about $4,000.00. That your petitioner is informed upon inspection of the records aforesaid that said executor administered a part of said estate and has paid off the legacies and the debts against testator and that a portion of said estate yet remains undisposed of. Your petitioner therefore the premises being consider prays your honor to grant him letters of administration do bonis non on said estate upon his taking the oath prescribed by law and entered into bond in such sum as it may please your honor to direct with John J. Gage as his security. And your petitioner as in duty bound will ever pray. /
Henry C. L. HENDRICKS

Sworn to and subscribed before me in open
Court this 8th day of March AD 1858.

William G. HUDSON clerk

JAMES HENDRICKS ESTATE

In the matter of the estate of James Hendricks, deceased.

Probate Court.  March term 1858

Upon reading said filing the petition of Henry C. L. HENDRICKS it is ordered by the court that letters of administration de bonis non with the will annexed of said deceased be granted to the said Henry C. L. HENDRICKS. Upon taking the oath prescribed by law and entering into bond in the form of the statute in the sum of six thousand dollars with John J. GAGE as his security. And the said Henry C. L. HENDRICKS having appeared in open court and taken said oath and together with said security signed sealed and delivered said bond which being approved by the court said letters of administration de bonis non to said Henry C. L. HENDRICKS.

All said estate are now granted and ordered to be issued & recorded according to law. It is further ordered on motion of petitioner that John QUARLES, Simeon BERRY and Daniel BLAIR be appointed appraisers to value and appraise the goods, chattels and personal estate of said decedent and that a warrant issue in this behalf according to the statute.

In the matter of the estate of James HENDRICKS, deceased.

Probate Court

March term 1858

Whereupon on reading and filing the petition of Henry C. L. Hendricks administrator de bonis non with the will annexed it was ordered by the court that James L. HENDRICKS, John J. HENDRICKS of Tuscaloosa county, and state of Alabama and the minor heirs of William B. HENDRICKS deceased who reside in the state of Arkansas and number and names of said not known to this court, Margaret VANLANINGHAM, her husband Henry VANLANINGHAM and Nancy VANCE of Winston county Mississippi and Eleanor EVANS of Pontotoc county, Mississippi be cited to be and appear before said court on the second Monday in April next, then and there to answer the said petition, and to show cause if any they why the negroes be ordered in- the said petition should not be sold for the purposes of distribution --------- the heirs at law of the said decedent and that citation notices be posted in three public places in said county for the space of thirty days, citing therein all persons interested in said negro slaves to be and appear before said court on said second Monday in April next then and there t o show cause why said negroes should not be sold. And it appeared to the court from said petition that the children of William B. HENDRICKS are minors. It is further ordered that William G. --------- be appointed guardian ad liteu of said minors to defend and protect their interest in these proceedings. Ordered, adjudged and decreed this 8th day of March 1858.

No 9
R.B.
No 8
P. 276 & 278
.
 

BOND

The State of Mississippi
Winston County

Know all men by these presents that we Henry C. L. HENDRICKS and John J. GAGE are held and firmly bound unto the State of Mississippi in the penal sum of six thousand dollars the payment of which will and truly to be made. We bind ourselves over and each of our heirs, executors and administrators jointly severally and firmly by these presents. Sealed with our seals and dated this 8th day of March AD 1858.

The condition of this obligation is that if the said Henry C. L. HENDRICKS administrator do bonis non with the will annexed of all the goods, chattels, and credits of James HENDRICKS deceased not already administered do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased which have or shall come to the hands possession or knowledge of him the said Henry C. L. HENDRICKS (not already administered) or into the hands, possession knowledge of any other person or persons for him and the same so made do exhibit to the probate court of said county at such time as he shall be thereto required by the said court and the same goods, chattels and credits do well and truly administer according to law and make a just and true account of his actings and doings therein when thereunto required by the said court and further do well and truly pay and deliver all the legacies contained and specified in the said will not already said or delivered as far as the said goods chattels and credits may extend according to the value thereof and as the law shall charge him then this obligation to be void, or else to remain in full force.

Witness our hands and seals the day and year above written.

Henry C. L. HENDRICKS
John J. GAGE

The State of Mississippi
Winston County

Personally appeared before me, William G. HUDSON

Clerk of the Probate court in and for said county the within named Henry C. L. Hendricks and John J. GAGE who severally acknowledged that they signed, sealed and delivered the within bond on t he day and y ear therein mentioned as their act and deed and for the uses and purposes therein named.

Given under my hand and seal of office at Louisville
This 8th day of March 1858.

William G. HUDSON

LETTERS OF ADMINISTRATION

The State of Mississippi
Winston County

By the Probate court of said county.

Whereas James Hendricks late of said county deceased made his last will and testament appointing therein and thereby Henry C. L. Hendricks to execute the same under the provisions of the statute which said will at a term of said court began held on the 24th day of September AD 1849 was ----- authenticated and admitted to probate and record and letters testamentary thereupon granted thereof to the said Henry C. L. HENDRICKS according to the form of the statute. And whereas upon inspection of the record of said court that said executor administered a part of said estate and has paid off the legacies and debts against said testator and his said testamentary letters recorded annulled and all power and authority thereby conferred on him vacated and at an end and whereas the said Henry C. L. HENDRICKS was thereupon appointed administrator with said will and testament annexed. Now therefore to the end that the said last will and testament may be well and truly performed we do give grant and commit by these to the said administrator the administration of all and singular the goods, chattels and credits of said testator not already administered with full power and authority to dispose of them according to the terms and true intent and meaning of the said last will and testament and the said administrator is by these presents confided with the trust invested with all the powers and enjoined to the performance of all the duties appertaining to his office and trust of administrator by virtue of the last will and testament and the provisions of the statute in this behalf made and provided.

Witness the Honorable Nathan TABOR, Judge of Probate of said county
the 2nd Monday of March AD 1858.

William G. HUDSON

Issued March 23rd 1858
The State of Mississippi
Winston County

I, William G. HUDSON , clerk of the Probate Court in and for said county do hereby certify that the last foregoing order, petition, bond and letters of administration were duly recorded on the 23rd day of March 1858

William G. HUDSON

In the matter of the estate of James Hendricks
Deceased.

Probate Court
March term 1858

Whereupon on reading and filing the petition of Henry C. L. Hendricks administrator de bonis non with the will annexed, it was ordered by the court that James J. HENDRICKS, John J. HENDRICKS of Tuscaloosa County and State of Alabama and the minor heirs of William B. HENDRICKS deceased who reside in the State of Arkansas and the number and names of said minors not known to this court Margaret VANLANINGHAM & her husband Henry VANLANINGHAM and Nancy VANCE of Winston County Mississippi and Eleanor EVANS of Pontotoc County Mississippi be cited to be and appear before said court on the second Monday in April next there and then to answer the said petition and to show cause if any they could why the Negros described in said petition should not be sold for the purpose of distribution among the heirs at law of said decedent. And that citation notice be posted in three pubic places in said county for the space of thirty days citing therein all persons interested in said negro slaves to be and appear before said court on said second Monday in April next there and then to show cause why said negroes should not be sold. And it appearing to the court from said petition that the children of William B. HUDSON are minors it is further ordered that William G. HUDSON be appointed guardian ad litem of said minors to defend and protect their interest in this proceedings ordered, adjudged and decreed this 8th day of March 1858.

(NOTE: The writing in the document is clear and legible as to who the father of (minor heirs was; Wm. B. Hendricks, However at the bottom it is also legible and (states Wm. G. Hudson is the guardian. That is the name of the clerk who wrote the (document)

PETITION

The State of Mississippi
Winston County 

Probate Court
March term 1858

To the Honorable Nathan TABOR, Judge of the Probate Court
of said county.

The petition of Henry C. L. HENDRICKS of said county, administrator to de bonis non of the estate of James HENDRICKS late of said county deceased shows to your Honor that under the terms of the last will and testament of James HENDRICKS deceased it is necessary to that this administrator should sell at public sale the personal estate of said decedent. Y our petitioner therefore prays your Honor to grant unto him citations to the heirs of the said decedent, via: to James J. HENDFRICKS and John J. HENDRICKS, Tuscaloosa county Ala. Margaret VANLANINGHAM wife of Henry VANLANINGHAM and Nancy VANCE Winston County Mississippi, Eleanor EVANS Pontotoc County Mississippi and the minor heirs of William B. HENDRICKS deceased who reside in t he State of Arkansas in Phillips County in said state. That the names and number of the said minor heirs of the said decedent are not known to your petitioner. Your petitioner prays your Honor to order said citations to issue returnable to this honorable court at such time as to your Honor may deem proper. And also to grant unto him such orders for publications as to y our Honor shall seem right ad proper in the premises. And your petitioner further prays your Honor that the said heirs of the said decedent may be required to show cause if any they can why the said personal property should not be sold in accordance with the terms of the last will and testament of said decedent and by a decree of this Honorable court. And your petitioner will do as in duty bound ever pray.
Henry C. L. HENDRICKS

Sworn to and subscribed before me in open court
this 8th day of March 1858
William G. HUDSON clerk

The State of Mississippi
Winston County.

I, William G. HUDSON clerk of the Probate Court in and for said county do hereby certify that the last foregoing order and petition were duly recorded on the 23rd day of March 1858
William G. HUDSON

Probate Court May term A.D. 1858
In the matter of the settlement of the estate of James Hendricks deceased.

Henry C. L. HENDRICKS administrator of the goods and chattel, ---- and credits of said decedent, having at this term returned to this court the inventory of the appraisers appointed to value and appraise the goods, chattels and personal estate of said decedent and the court upon examination thereof being satisfied that the said appraisers have in all things proceeded in strict conformity to law and that said appraisement is legally made and certified. It is therefore ordered that it be and the same is hereby approved, confirmed and ordered to be recorded.

WARRANT OF APPRAISEMENT

The State of Mississippi
Winston County

The State of Mississippi to John QUARLES, Simeon BERRY and Daniel BLAIR. Greeting. This is to authorize you jointly to appraise the goods, chattels and personal estate of James HENDRICKS late of said county, deceased. So far as the same shall come to your sight and knowledge each of you having first taken the oath hereto annexed, a certificate whereof you are to return annexed to an inventory of the said goods, chattels and personal estate by you aforesaid in dollars and cents and in said inventory you are to set down in a column or columns opposite to each article the value thereof.

Witness the honorable Nathan TABOR, Judge of the Probate Court of
Winston County, 2nd Monday of March, A.D. 1858.

Issued March 11th 1858

CITATION

The State of Mississippi
Winston County

March term AD 1858

The State of Mississippi to the sheriff of Pontotoc county, greeting.

You are hereby commanded to cite Eleanor Evans heir at law of James Hendricks late of Winston County deceased to be and appear before the probate court of Winston county at the court house thereof on the 2nd Monday in April next.

Then and there to answer the petition of Henry C. L. Hendricks administrator Do Bonis Non with the will annexed of the estate of said James Hendricks deceased for sale of certain negro slaves belonging to the estate of said decedent for the purpose of distribution among the several heirs at law of said deceased. And further to do and suffer such things as shall be considered and ordered by the court aforesaid in the premises and have then and there this writ.

Witness the honorable Nathan TABOR Judge of Probate court of Winston
County, 2nd Monday of March AD 1858

Issued March 11th 1858
Come to hand March 16th 1858. Executed March 17th 1858.

W. W. BELL Shff.
By J. W. RIVERS D.S.

CITATION NOTICE

The State of Mississippi
Winston County

The State of Mississippi to James J. Hendricks, John J. Hendricks, the heirs at law of Wm. S. Hendricks, deceased, Margaret Vanlaningham and her husband Henry Vanlanginham, Nancy Vance and Eleanor Evans and all persons interested in the sale of the negro slaves belonging to the estate of James Hendricks, deceased. You are hereby cited to be and appear before the Probate court of Winston county at a time thereof to be held at the court house of said county on the second Monday of April 1858. There and then to show cause if any you have ------ ---- why the sale prayed shall not be made and to do and suffer such things as shall be considered and ordered by the court aforesaid in the premises.

Witness the honorable Nathan TABOR, Judge of the Probate court of said
county, 2nd Monday of March AD 1858. And seal of said court.

Issued March 11th 1858. William G. HUDSON, Clerk

CITATION

The State of Mississippi Winston County
Probate Court, March term AD 1858.

The State of Mississippi, to the sheriff of Winston County, greeting.

You are hereby commanded to cite Nancy Vance, Margaret Vanlaningham and her husband Henry Vanlaningham, if to be found in your county to be and appear before the Probate court of Winston county at the court house thereof on the 2nd Monday in April next, there and then to answer the petition of Henry C. L. Hendricks administrator Do Bonis Non with the will annexed of the estate of James Hendricks late of said county, deceased for sale of certain negro slaves belonging to the estate of said decedent for the purposes of distribution among the several heirs at law of said deceased. And further to do and suffer such things as shall be considered and ordered by the court aforesaid in the premises and have ---- and there this writ.

Witnessed the honorable Nathan TABOR, Judge of the Probate court of
Winston County, 2nd Monday of March AD 1858

Issued March 11th 1858. William G. ------

Rec’d. 11th March 1858. Executed April 1858.

F. F. HOLMS Sheriff
By J. P. CATES

We, John QUARLES, Simeon BERRY and Daniel BLAIR do swear that we will well and truly without partiality or prejudice value and appraise the goods, chattels and personal estate of James HENDRICKS, deceased. So far as the same shall come to our sight and knowledge and will in all respects perform our duty as appraisers to the best of our skill.
Sworn to and subscribed so help us God this day 27th day of March AD. 1858

A. J. –assons
Justice of the Peace

John Quarles
Simeon Berry
Daniel Blair

APPRAISEMENT

A true and perfect inventory and appraisement of the goods, chattels and personal estate of James HENDRICKS, deceased.

The State of Mississippi
Winston County

To the honorable Nathan TABOR, Judge of the Probate Court in and for said county.

The undersigned appraisers appointed by this honorable court at the last March term thereof to appraise the goods, chattels and personal estate of James Hendricks late of said county, deceased, beg leave respectfully to report that pursuant to and by existence of the warrant of this court to there directed and this oath thereon endorsed. They in conjunction with Henry C. L. Hendricks, administrator De Bonis Non with the will annexed did meet at the late residence of said decedent on the 27th day March AD 1858. And did then and there value and appraise the goods, chattels and personal estate of said decedent. So far as the same were shown to them by said administrator or otherwise come to their sight or knowledge which will fully appear to your honor by reference to the foregoing schedule containing each article with value thereto attached amounting all to the sum of $2180.63 all of which is hereby certified under hand and seals.

The State of Mississippi
Winston County

I, William G. HUDSON clerk of the Probate Court in and for said county do hereby certify the last foregoing order and inventory were duly recorded here the 5 Tuesday of June, 1858.