Estate of Samuel Carr


PETITION FOR SALE OF LAND

In the matter of the estate of
Samuel CARR, deceased.

The State of Mississippi
Winston County

Probate Court
May term 1862

To the Honorable S. W. SMYTH Judge of the Probate Court of said county.

The petition of David McMILLIN administrator of the goods & chattels rights and credits which were of Samuel CARR late of said county deceased shows to your Honor that the assets in the hands of this administrator are insufficient to pay the claims against the said estate now registered.

That the assets in the hands of this administrator after the sale of all the personal property thereof (next line or two missing off the page) dollars and the amount of the registered claims to the sum of eleven hundred and sixty nine 64/100 dollars as will appear by reference to the amount of sale and register of claims on file in the office of the probate court of said county. The premises being considered your petitioner prays this Honorable court to grant unto him an order or decree authorizing him to sell the real estate of the said decedent or as much thereof as will be sufficient to pay the debts thereof after exhausting the personal assets in hand or such your honor shall (shall crossed out) may deem most just and proper and that citation may issue to the several heirs at law of said decedent to wit. Nancy CARR, widow of said decedent and his children to wit. William, Nathaniel, Elizabeth Jane & James Samuel CARR, Amzi, Mary Alice Joseph, Margaret Ann (& James crossed out) to be and appear before this honorable court at the June term 1862 thereof to show cause if any they care why the prayer of your petitioner should not be granted and the said real estate sold to pay the debts as aforesaid. Your petitioner also shows to your honor that said real estate consist of a tract of land situated in said county on which the said decedent resided next before his death. The metes and bounds of which and the number of acres contained therein is as follows. The SW ¼ of SW ¼ Sec 6, R 11, & NE ¼ of NE1/ 4 of sec 12 T 14, R 10 & containing 80 acres more or less.

The premises being considered your petitioner prays your honor that upon final hearing of this petition that guardian ad litem may be appointed for the said minor children of the said decedent and that your honor will grant unto your petitioner

an order or decree authorizing him to sell the said tract of land as aforesaid or so much thereof as will be sufficient to pay the debts aforesaid on such ------ and such terms as your Honor shall deem just and proper. And your petitioner will as in duty bound ever pray etc.

David McMILLIN

Sworn to & subscribed before
me on this 18th day May of AD 1862 

E. D. HYDE

I Hereby certify that the last foregoing petition was duly recorded by me this 26th day of November AD 1862
E. D. HYDE clerk

CITATION

The State of Mississippi

To the sheriff of Winston County – Greeting.

We hereby command you to summon Nancy CARR widow of Samuel CARR deceased, William, Nathaniel, Elizabeth Jane, Amzi, Mary Alice, Joseph ,Margaret Ann and James Samuel CARR heir at law and distributees of the estate of said decedent, if to be found in your county personally to be and appear before the judge of our probate court for the county of Winston at the court house thereof in the town of Louisville on the 2nd Monday in June next then and there to show cause if any they can why the petition of David McMILLAN administrator of said decedent for sale of the following lands./ To wit: S W ¼, Sec 6, T 14, R 11 & NE ¼ of N E ¼ of sec 12, T 14, R 10. E. should not be granted and further to do and suffer such things as shall be considered and ordered by our said court in the . And have you then there this writ.

Witness the Hon. S. W. SMYTH Judge of Probate of
said county at the court house thereof the 2nd Monday
in May AD 1862

Issued the 14th day of May AD 1862. E. D. HYDE clerk

Executed in full by leaving copy at residence.
May 28th 1862 M. A. METTS shff.
Fee $5.00

ANSWER OF GUARTDIAN AD LITEM

The joint and several answers of William, Nathaniel, Elizabeth Jane, Amzi, Mary Alice, Joseph, Margaret Ann and James Samuel CARR minor heirs at law of Samuel CARR deceased to the petition of David McMILLIN administrator of the estate of said decedent for sale of certain lands therein described for the payment of debts by E. D. HYDE their guardian ad litem.

These respondents by their said guardian ad litem saying etc. for answers to said petition as to so much thereof as they are advised it is necessary and proper for them to answer. Answering and say that by reason of their minority and inexperience they are incapable of being informed in the matters and things contained in said petition and can neither admit nor deny the same wherefore they submit their interest to the care and protection of this honorable court and pray that the allegations of the petitioner may be sustained by strict legal proofs. And having fully answered, your respondents pray to be discharged with their reasonable cost.

E. D. HYDE

Guardian ad litem of William, Nathaniel, Elizabeth Jane, Amzi, Mary Alice, Joseph, Margaret Ann and James Samuel CARR.

To the Hon. S. W. SMYTH Judge of the Probate of Winston County.

Wits. Recorded Dec 3rd, 1862

E.D.HYDE Clerk

IN THE MATTER OF THE ESTATE OF SAMUEL CARR, DECEASED
(CITATION)

The State of Mississippi

To the sheriff of Winston County.

We hereby command you to summon Nancy CARR, widow of Samuel CARR deceased and William, Nathanial, Elizabeth Jane, Amzi (in census records it is Anpsia), Mary Alice, Joseph, Margaret Ann and James Samuel CARR, heirs at law and distributees of the estate of said decedent. If to be found in your county personally to be and appear before the judge of our Probate court for the county of Winston at the court house thereof in the town of Louisville on the 2nd Monday in November next, then and there to show cause if any they can why the petition of David McMillan adm. of the estate of said decedent praying for sale of certain land therein described for the payment of debts should not be granted and further to do and suffer such things as shall be considered and ordered by our said court in the premises and have you then show this court.

Witness: The Honorable S. H. SMYTH judge of Probate of said county at the courthouse the 2nd Monday in Sept. AD 1862.

Issued this 30th day of October AD 1862.

E. D. HYDE clerk

Received Oct 1862. M. A. METTS Shff. L. P. METTS Dep.

Executed Nov 6th 1862. M. A. METTS Shff L. P. METTS Dep.

ANSWER OF GUARDIAN AD LITEM

Commissioner of the estate of said decedent for sale of certain lands therein described for the payment of debts.

These respondents by the guardian ad litem E. D. HYDE saying etc. for answer to said petition as & do much thereof as they are informed that it is necessary for them to answer, answering say that by reason of their minority they are incapable of being properly informed of the matter and things contained in said petition. And can neither admit nor deny the same wherefore they submit their interest to the protection of this Honorable Court and pray that the allegations of the petitioner may be required to be substantiated by strict and legal proofs. And now having fully answered your respondent prays to be discharged.

Guardian ad litem of William, Nathaniel, Elizabeth Jane, Amzi, Mary Alice, Joseph, Margaret Ann & James Samuel CARR.

To the Hon. S. M. SMYTH

To the State of Mississippi

Winston County I, E. D. HYDE, clerk of Probate Court of said county do hereby certify that the last foregoing citation etc. was duly recorded by me this 3rd day of February AD 186-.

E. D. HYDE

In the matter of the sale of the real estate of Samuel CARR deceased.

To the Honorable --. C. EDWARDS, Judge of the probate court of Winston County, State of Mississippi.

The undersigned administrator of the estate of Samuel CARR deceased respectfully report that by virtue of the order of this Honorable Court made at the November term AD 1862 directing and authorizing him to sell the real estate of his intestate described in his application on this behalf after notice made out duly given according to the statute and the directions of said order he did on the 15th day of December AD 1862 at the court house door in said county between the hours of eleven in the forenoon and four in the afternoon of said day then and there expose

at public sale in pursuance of notice a copy of which marked exhibit “B” is hereunto attached and made a part of this report. And sold to the highest bidder the real estate mentioned in said petition on a credit until the Jany 1st 1864. That the sale was continued until the estate was fully disposed of. For a full account of which said sale with the names of purchasers and the highest amounts bid for the same the undersigned begs leave to refer your honor to the ------ of sales herewith filed marked exhibit “A” and prays to be made a part of this report. Said account of sales amounting in the aggregate to the sum of eighty dollars. And your petitioner further reports that all of said purchasers has given bond unto good and sufficient securities for the ---- most of the sums bid by his respective for said real estate which was sold on credit. Having now fully reported his proceedings in his behalf your petitioner prays your honor that the sale may be approved and confirmed by this honorable court. (the next line runs off the page)

State of Mississippi
Winston County

Before me, E. D. HYDE, clerk of the Probate Court of said county personally appeared F. M. COWAN, who stated an oath that he acted as crier at the sale of the real estate of Samuel CARR deceased on the 15th day of December AD 1862 and that the following schedule contains a true and accurate account of said sale.

Sworn to and subscribed before me

This 15th day of December AD 1862. F. M. COWAN

E.D.HYDE clerk

EXHIBIT “A”

Account of sales of real estate of Samuel CARR deceased made at the court house door in said county in Winston County on the 15th day of December AD 1862 by David McMILLIN administrator of said deceased.

Articles sold Names of Purchasers Amt. of sale

S/W ¼ of S/W ¼ Sec 6, T 14 R 11 Nancy CARR $40.00

N/E ¼ of N/E ¼ Sec 12, T 14, R10 Nancy CARR $80.00

The State of Mississippi
Winston County

Before me, E. D. HYDE, clerk of the Probate Court of said county, personally appeared Wm. S. BOLLING and S. B. CROW who being sworn did depose that they were present at the sale of the real estate of the late Samuel CARR ,deceased, Ata the court house door in said county on the 15th day of December AD 1862. That the said sale was performed at public outcry within the hours prescribed by law and after being duly cried was struck off to Nancy CARR for the sum of one dollar for acre and that said sale was in all things fairly conducted and that the sum of one dollar for acre was as much as could be obtained for the said premises.

Sworn to & subscribed before me

This 15th day of December 1862. WM. S. BOLLING

S. B. CROW

E. D. HYDE

EXHIBIT “B”

Administrator Notice of Sale of Real Estate

By virtue of an order of the Probate Court of Winston County Mississippi, made at the November term 1862 thereof the undersigned administrator of the estate of Samuel CARR, deceased will on Monday the 15th day of December next between the hours of 11 o’clock in the forenoon and 4 o’clock in the afternoon of said day at the court house door of said county expose for sale at public auction to the highest bidder on a credit until the first (cut off at bottom of page) ------ with good and ample security (cut off page------------- of January 1864 with eight percent interest from date of sale for the purchase money.

Nov. 12th 1862. David McMILLIN Administrator

Of the estate of Samuel CARR

The State of Mississippi

Winston County Before me E. D. HYDE, clerk of the Probate Court of said county personally appeared David McMILLIN, administrator of the estate of Samuel CARR deceased who being duly sworn deposed and says that he set up and posted a notice of which the annexed is a true copy at five public places in said county ------. One at the door of the court house of said county; One at Seaches Mill; One at Mc ELMAYS (sp?) Shop; One at Webster and one at Center Church and that this deponent truly believes that said notices remained posted as aforesaid for the space of thirty days after being set up.

Sworn to and subscribed before me

David McMILLIN

This 15th day of December 1862

E. D. HYDE, clerk

ADMINISTRATORS SALE

By virtue of an order of the Probate Court of Winston County Mississippi, made at the June term AD 1862 thereof the undersigned administrator of the estate of Samuel CARR deceased will proceed to sell on Saturday the 26th day of July next at the late residence of the decedent in said county the following numbered tract of land situated in said county to wit: S W ¼ of S W ¼ sec 12. T 14 R 10 & containing 80 acres more or less to pay debts of said decedent.

Bond and security required. David McMILLIN

Issued June 17th 1862 Administrator

June 25 1862

(The document that follows I have to assume is connected to the above mentioned “public notices” as it is part of the same document)

State of Mississippi

Noxubee County Personally appeared before me Reuben RUFF,
Judge of Probate
of said county of Noxubee, H. C. FERRIS the proprietor and publisher of a public newspaper printed and published in the town of Macon, County and state aforesaid, called the Macon Beacon. Who being duly sworn and deposed said that the publication of a notice of which a true copy is hereto affixed has been made in said paper for the space of 6 weeks consecutive, to wit in numbers. 46, 47, 48, 49, 50 &* 51 published on the 25th June, 2nd, 9th, 16th, 23rd, 30th July. – said publication commencing on the 25th day of June and ending on the 30th day of July AD 1862.

Sworn to & subscribed before this 27th day

Of August AD 1862. R. RUFF probate judge

State of Mississippi

Noxubee County I, Rueben RUFF, Judge of Probate on said county do hereby certify that the several numbers of the newspaper containing the publication above mentioned and affixed have this day been produced before me and composed with the copy annexed and that I have found the --- and the proof thereof to be correctly made.

(date and signature left off page)

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