James Hendricks Estate Settlement - 1850

(this estate went to probate court again in 1858)

1849

In the matter of the settlement
of the estate of James HENDRIX
deceased

Probate Court
Nov. Term 1849

Henry C. L. HENDRIX executor of the goods and chattels rights and credits of said decedent having at this term returned to this court the inventory of the appraising appointees 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 t o the law and that the said appraisement is legally made out and certified. It is there upon 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

To Caleb BARR0N, Almond BARRON & James MOORE.

Greeting.
This is to authorize you jointly to appraise the goods, chattels and personal estate of James HENDRIX late of Winston County deceased so far as they shall come to your sight and knowledge. Each of you having first taken the oath hereto annexed a certificate whereof you are to retain annexed to an inventory of the said goods chattels and personal estate by good appraisal in dollars and cents and in the said inventory you are to set down in a column or columns opposite to each article the value thereof.
Witness the honorable Joseph BELL, Judge of Probate of the county of Winston this 24th day of September. A.D. 1849.

Erasmus HUNTLEY clerk of Probate of W.C.

Issued 24th day of September A.D. 1849.

The State of Mississippi
Winston County

I, Caleb BARRON, Almond BARRON & James MOORE do swear that I will well and truly without partiality or prejudice value and appraise the goods chattels and personal estate of James Hendrix deceased so far as the same shall come to my sight and knowledge and will in all respects perform my duty as appraiser to the best of my skill and judgment so help me God.

Sworn before me this 28th day of September A.D. 1849

Caleb BARRON
Almond BARRON
James MOORE

L. T. TURNER
Justice of the peace

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

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

To the honorable Joseph BELL Judge of the Probate Court of Winston County State of Mississippi. The under signed appraisers appointed by this honorable court at called term thereof held on the 24th day of September A.D. 1849 to value and appraise the goods chattels and personal estate of James HENDRIX deceased beg leave respectfully to report that pursuant to and by virtue of the warrant of this court to them directed and their oaths thereon endorsed they in conjunction with Henry C. L. HENDRIX the executor of said deceased on the 28th day of September A.D. 1849 did meet at the residence of the said Henry C. L. HENDRIX in this county and proceed in the performance of their duties as appraisers of the estate of James Hendrix deceased. And did then and there value and appraise the goods and chattels and personal estate of said decedent so far as the same were shown to them by said executor or otherwise came to t heir sight and knowledge which will fully appear to your honor by the references to the foregoing schedule containing each article with the value thereto attached amounting in all to the sum of $859 dollars and 75 cents.

All of which is respectfully submitted and hereby certified under our hands and seals this the 28th day of September A.D. 1849.

Caleb BARRON
Almond BARRON
James MOORE

APPRAISERS

The State of Mississippi
Winston County

I, H. G. WOODRUFF clerk of the Probate court in and for said county do hereby certify that the last foregoing order, warrant of appraisement affidavit, inventory & certificate was duly recorded in my office on the 30th day of November A.D. 1849.

H. G. WOODRUFF clerk

1850

Probate Court, January term 1850
Hon Erasmus HUNTLEY
Judge Presiding

In the matter of the settlement of James HENDRICKS deceased.

The final account of Henry C. L. HENDRICKS, executor of the last will and testament of James HENDRICKS late of said county deceased coming on to be audited and examined at this term. And James HENDRICKS, John HENDRICKS and Wm. B. HENDRICKS having filed their petition by their attorney Joseph EVANS for the court to waive the statute requiring citation by publication and the said Joseph EVANS filed his petition to the same purpose and Joshua VANCE, Henry VANLANINGHAM having appeared personally in court and moving the court to waive the statute as aforesaid. All being parties interested in said estate and all therefore said parties moving the court to allow said final account as statute and set forth by said executor and this court after examining and auditing the said account being satisfied that the same is in all things correct and that all the changes therein and for which allowance is prayed are legally and properly valued for and that the same account is properly stated doth order that the same be in all things allowed including the sum of seventeen 49/100 dollars for his commissions on the appraisement value of said estate at two percent. Two wit: Two percent on the sum of eight hundred and thirty nine & --/100 dollars the amount of the sale bill returned by said executor and of record in this court and that the said account be recorded. And it appearing to the satisfaction of the court that the said executor is indebted to the distributees of said estate in the sum of seven hundred and eighty one & 45/100 dollars the balance due said estate upon said final account.

It is therefore ordered adjudged and decreed by the court that the said executor stand chargeable with the payment thereof until distribution be made among the said distributees and in that event he is hereby for ever released and discharged from the same.

Ordered adjudged and decreed t his 20th day of January AD 1850.
Erasmus HUNTLEY, Judge of probate

1ST AND FINAL ACCOUNT

The estate of James HENDRICKS deceased in account with Henry C. L. HENDRICKS executor of the last will and testament of said intestate.

1850
October term. This executors prays that on allowance being made him for the
Following accounts.

Paid by him.

Probate term: This executor charges himself with the following amounts received on account of said estate.

The State of Mississippi
Winston County.  Before me, H. G. WOODRUFF clerk of the Probate court in and for said county personally appeared H. C. L. HENDRICKS executor of the last will and testament of James HENDRICKSA deceased. Who being duly sworn deposes and says that the foregoing annual account is true and correct to the best of his knowledge and belief.

Sworn to and subscribed before me

Henry C. L. HENDRICKS

This 20th day of January AD 1850.

H. G. WOODRUFF clerk

In the Matter of the estate of James HENDRIX deceased.

On reading and filing the petition of Henry C. L. HENDRIX executor of the last will and testament of James HENDRIX deceased this day returns wherein he reports that in pursuance of the order from this court at the last October term thereof directing a sale of the personal estate of said deceased he has made said sale. And it appearing to the satisfaction of the court on examination of the proofs and exhibits accompanying and filed with said report that the said administrator has in all things complied with the statute in this behalf and that the said sale has been legally made conducted and concluded. It is therefore ordered that the same be in all things approved and confirmed and that said reports and exhibits be filed and recorded.

Reports of Sale of the personal estate of James HENDRICKS deceased.

(Exhibit A)

To the honorable Erasmus HUNTLEY Judge.

The undersigned executor of all and singular, the goods chattels rights and credits which where of James Hendricks deceased respectfully reports that by virtue of the order of this honorable court made at the called term 24th September 1849 thereof directing and authorizing him to sell the personal estate of his intestate described in his application in this behalf after notice made and duly given according to the statue and the directions of said order he did on the 27th day of October A.D. 1849 at the late residence of his intestate in Winston County between the hours prescribed by law proceed to sell the said personal estate to the highest bidder on a credit of six months from the day of sales and did then and there expose for sale at public auction the said personal estate consisting of negro slaves Rifle gun & in lots and parcels to said purchasers having a due and proper regard to the interest to said estate until the same was fully concluded. For a full account of which said sale with the names of purchasers and the highest amounts bid for the several articles your said administrator begs leave to refer your honor to the account of sales herewith filed and marked exhibits and prays to be made a part of this report said account of sales amounting in the aggregate to the sum of $839. 08-3/4. This administrator for proof of legal and proper notice of said sale begs leave likewise to refer your honor to exhibits B herewith filed and also to exhibit C herewith for proof of his having properly conducted said sale in all things both of which said exhibits are prayed to be made a part of this report.

And this executor further reports that all of the said purchasers have given and with good and sufficient security for the payment of the sums bid by t hem respectfully for said personal estate. And this executor having now fully reported his proceedings in this behalf prays that the said sale may be approved and confirmed by this honorable court.

Sworn to and subscribed before me this the 15th day of April A.D. 1850.

Henry C. L. HENDRICKS

James B. M. SELLAND
Justice of the peace
(His surname is as above or possibly McLelland/McSelland)

(EXHIBIT A)

Accounts of sales of the personal estate of James Hendricks deceased made at his late residence in Winston County on the 27th day of October 1849. By H. C. L. Hendricks executor of the goods chattels of said decedent.

The State of Mississippi
Winston County

Before me James B. M. SELLAND a justice of the peace in and for said county personally appeared John W. BASS and stated upon oath that he acted as ----

at the sale of the personal estate of James HENDRICKS deceased at his late residence on the 27th day of October A.D. 1849 and that the foregoing schedule contains a true and ------- account of said sale.

John W. BASS

Sworn to and subscribed before me
this the 15th day of April A.D. 1850.

Jas. B. M. SELLAND
Justice of the peace

(EXHIBIT B)

EXECUTORS NOTICE

By virtue of an order of the Probate court of Winston County Mississippi made at the called term thereof on the 24th day of September A.D. 1849. The undersigned executor of the last will and testament of James Hendricks deceased will on Saturday the 27th day of October next between the hours prescribed by law at the residence of the undersigned executor in said county expose for sale at public auction to the highest bidder on a credit of six months from the day of sale all the personal estate of said decedent consisting of three Negro slaves, one mare, one carryall, one rifle gun one crosscut saw & the purchasers of said personal estate will be required to give bond with good and ample security payable in six months for the purchase money.

September 24th 1849.
Henry C. L. HENDRICKS
Executor

The State of Mississippi
Winston County

Before me James B. M. SELLAND an acting justice of the peace in and for said county H. C. L. HENDRICKS personally appeared who being first duly sworn and depose and saying that on the 24th day of September or within three days thereafter he set up and caused to be posted a notice of which the annexed is a true copy in three of the most public places in said county of Winston as follows namely. One copy thereof in the door of the courthouse, one at Stephen ASHCROFT’S shop and one at the house of David QUARLES. And that he this deponent verry believed that said notices remained posted as aforesaid for the space of thirty days after being so set up.

Henry C. L. HENDRICKS

Sworn to and subscribed
Before me this the 15th day
of April A.D. 1850.

James B. M. SELLAND
Justice of the peace

(EXHIBIT C)

The State of Mississippi
Winston County

Before me James B. M. SELLAND a Justice of the Peace in and for the said county personally came and appeared Ezekiel BANON who being first duly sworn did depose and say that he was present at the sale of the personal estate of the late James HENDRICKS at his residence in said county on the 27th day of October 1849 and that said sale commencing at the hour of twelve o’clock was in all respects in the judgment of this deponent fairly and properly conducted. That he believes the highest possible amount was obtained for said personal estate and that due exertions were used by the executor H. C. L. HENDRICKS to obtain an advantageous sale.

Ezekiel BANON

Sworn to and subscribed before
Me this the 13th day of April AD
1850. James B. M. SELLAND
1851. Justice of the Peace

The State of Mississippi
Winston County.  To the Hon. Erasmus HUNTLEY, Judge of the Probate court in and for Winston county. State aforesaid.

Whereas at a former term of this court Henry C. L. HENDRICKS executor of the last will and testament James HENDLRICKS late of said county deceased filed his account for final settlement of said estate.

The undersigned being one of the distributors of said estate prays his honor to waive the statute requiring citation by publication in such case made and provided. And further prays your honor to audit and allow said account to be final as the same is stated.

And your petitioners will ever pray.
Signed sealed and delivered this day 27th day of November A.D. 1850

Joseph EVANS
John D. HENDRICKS
Wm. B. HENDRICKS
By their attorney in fact
Joseph EVANS

The State of Mississippi
Winston County

Personally appeared before one H. G. WOODRUFF clerk of the Probate Court in and for said county. The above named Joseph EVANS who acknowledged that he signed sealed and delivered the above and foregoing instrument as his own act and deed and as the act and deed of the above named John J. Hendricks and William B. Hendricks as their attorney in fact for the purposes t herein contained on the day and year therein mentioned.

Given under my hand and seal of office at
Louisville this the 27th day of November
A.D. 1850
H. G. WOODRUFF clerk

The State of Mississippi
Winston County November 25th 1850

To the hon. Erasmus HUNTLEY Judge of the Probate Court in and for Winston County State of Mississippi.

Whereas at a former term of this court Henry C. L. HENDRICKS executor of the last will and testament of James HENDRICKS late of said county deceased filed his account for final settlement.
The undersigned being of the distributors prays your hon. to waive the statute requiring citation by publication in such case made and provided. And further prays that your honor may audit and allow said final account as the same is stated.
And your petitioner will ever pray.

James J. HENDRICKS

The State of Mississippi
Winston County

Before me H. G. WOODRUFF clerk of the probate court in and for said county personally appeared the above named James J. HENDRICKS who acknowledges that he signed sealed and delivered the above and foregoing petition on the day and date thereof in his own act and deed.

Given under my hand and seal of office at Louisville
this 25th day of November A.D. 1850

H. G. WOODRUFF Clerk

State of ALABAMA
TUSCALOOSA County

Know all men by these presents that we John J. HENDRICKS, William B. HENDRICKS heirs at law of James HENDRICKS dec. & late of Winston County & State of Mississippi do h ere constitute and appoint Joseph EVANS our lawful attorney to act receive & demand for us in our names and stead each & all of our distributive shares as legatees of the said James HENDRICKS dec. And we do hereby empower the said Joseph EVANS to receive for us & to receipt for whatever sum m may be decreed to each of us by the Probate Court of Winston County in the State of Mississippi & his receipts shall be as good and as binding on each of us as if we had been present & signed it with our own hands and seals.

In witness whereof we have set our own hands & affixed our seals
This the November 19th 1850.

John J. HENDRICKS
W. B. HENDRICKS

The State of ALABAMA
TUSCALOOSA County

Personally appeared before m , Moses U. GWIN (sp?) Judge of Probate of the court of probate exercising by virtue of my office both the duties of judge and clerk of the said court of probate. The above named John J. HENDRICKS and William B. HENDRICKS who acknowledged that they signed sealed and delivered the foregoing power of attorney on the day of the date thereof to Joseph EVANS.
Given under my hand and seal of office
at Tuscaloosa court house this 19th day of November A.D. 1850.

Moses U. GWIN
Judge of Probate

I, H. G. WOODRUFF clerk of the Probate court in and for Winston county do hereby certify that the last foregoing order, account, petitions of power of attorney was ordered to be recorded on the 20th day of December A.D. 1851 and that the same was duly recorded on the 24th day of the same month.

H. G. WOODRUFF clerk.