Butler County, Alabama

Estate Papers of
Wilson Murphy

Transcribed and submitted by Wilda Murphy
ggg-granddaughter of Wilson Murphy

Sequence of Events:

 

 

Butler County, Alabama Estate Book 16, Page 213

Estate of Wilson Murphy, Dec?d.  Petition to sell Personal and Perishable Property

 

The State of Alabama, Butler County

 

To the Honorable J. L. Powell, Judge of Probate for said County:

     The undersigned as sheriff of Butler County and Ex officio admr of the Estate of Wilson Murphy deceased duly appointed by this Honorable Court would respectfully represent unto your Honor:

      That Decedent died intestate and was seized and possessed at the time of his death of considerable personal property all of a perishable nature to wit:  about 447# fodder, 25 bu corn, cattle, gear, wagons, farming utensils, Household & Kitchen furniture, gun, pistol, trunk & chest,

      That said property is all liable to waste or be destroyed and that there is no responsible person on the late premises of said decedent in whose care said property can be safely entrusted, the premises considered, your administrator respectfully prays your Honor to make and grant an order authorizing him as such administrator to sell said personal and perishable property on the premises of said decedent for cash, and that your Honor will make and grant such other and further orders and decrees in the premises as to your Honor shall seem meet and proper and by the law is (sic) such cases shall be required, and as in duty bound he will ever pray &c,

                                  John F Barganier

                                  Sheriff & Ex officio Admr

Sworn to and subscribed before me this the 22 day of  October A. D. 1879 (sic; should be 1878?  Inventory on next page is dated 20 Nov 1878 and sale of lands took place in January 1879.)

 

J. L. Powell                J. F. Barganier

Judge of Probate     

 

 

 

 

Page 214

Estate of Wilson Murphy Dec'd.  Inventory and Appraisement

 

The State of Alabama, Butler County

 

The following contains a full, true and perfait (sic) appraisement of all and singular the goods and chattels, right and credits, choses in action, money and personal property and Real Estate belonging to the Estate of Wilson Murphy dec'd so far as shown or exhibited to us by John F Barganier Sheriff & ex officio Special Adminstrator of said estate to wit:

                                                               

Augustus Murphy

note due

Nov. 9, 1874

135.00

     Do.         Do.

Do.   " 

Jany  1, 1878

81.90

P. H. Cheatham

Note  "

Nov. 1878

100.00

J. A. Smith

  "     " 

Oct 1, 1878

100.00

     Do.

  "     " 

Oct 1, 1879

100.00

Charles Riley

  "     " 

June 6, 1871

Doubtful  20.00

     Do.

  "     "

May 27, 1871

"     60.00

J. D. Vickory (sic)

  "     " 

Dec. 1, 1877

350.77

H. W. Morgan          Rent

  "     "

Oct 1878

2 B/C. at 90.00

Allen Warren

Do.     " 

Oct. 1, 1878

1 "      "   45.00

Ambrose Murphy

   "     " 

Do. 

1 "      "   45.00

John Murphy

   "     "

Oct 1871

40.00

C. A. Hooks

   "     " 

Oct. 1868

Doubtful  50.00

  Do. 

   "     "  

Dec. 1867

"   300.00

U. S. Currency

 

 

95.70

G. H. Coleman 

Note 

Dec 1868

25.00

Jno. H. Smith 

  "  

Jany 1878

300.00

H. A. Clark 

  "

Oct 1878, 1 B/C

45.00

 

 

 

Realty:

Pine Flat Place  480 acres

to wit: NW ¼ & NE ¼ of NE ¼ & NW ¼ of NE ¼ (repeats) section 28 (80 acres - part of Home Place)

          NW ¼ of NW ¼ of Sec 27, SW ¼ of Sec 22 & SE ¼ of NW ¼ of

          Section 22 all in Township 10 of Range 12. (the Harris Place, adjoining Home Place)

960.00

Harris place  240 acres 

500.00

Butler Springs Tract  156 acres 

195.00

Over Pine Barren Creek  40 acres

40.00

Buckalew Track (sic) 240 acres 

          NE ¼ of SW ¼ NW ¼ of SE ¼, SW ¼ of SE ¼, 

          SE ¼ of SW ¼ Sect 22.  W ½ of SE 1/4 Sec 27 T10 R13.

240.00

Verdery Tract  320 acres 

          S ½ of sect 33 T11 R14. (mentioned in the Report of Sale of Lands, but not in the corrected legal descriptions filed 16 Sep 1879.)

640.00

 

 

Personality(sic):

          1 Revolver

5.00

          1 Shot Gun

15.00

          1 Large trunk

2.00

          1 Bedstead Mattress Featherbed & Pillows & Spread

25.00

          1 "        "            "                  "               " 

20.00

          1 Single  "         "

3.00

          1 Chest 

2.00

          1 DrawKnife, Saw, Square Auger & files

2.00

          1 Jar 

.40

          1 Cook Stove & utensils

5.00

          1/2 Bbl Lime

.50

          1 Wash Pot 

3.00

          1 Dining Table & Safe

6.00

          447 Bdls (sic) Fodder 

3.00

          25 Bush Corn 

15.00

          2 pr Gear

2.50

          One Black mare mule 

45.00

          One Yoke Oxen  

35.00

          1 Wagon 

17.00

          Plow tools  

.25

          6 chairs 

3.00

          1 Cow & calf 

8.00

          1     Do. 

10.00

          1     Do. 

9.00

          1 Cow

12.00

          1 Cow & Heifer 

10.00

          1     Do. 

15.00

          1 Bull 

3.00

 

Sworn to and subscribed before me this                         J. T. Carter

 20th day of November 1878.                                        H. A. Clark

          J. F. Barganier,                                                  Jas. R. Smith

                       Shff.

 

 

 

Butler County, Alabama Estate Book 16, Page 215

Estate of Wilson Murphy, Dec'd.   Report of sale of Personal property.

 

The State of Alabama, Butler County.   In the Matter of the Estate of Wilson Murphy Dec'd, to the

Honorable J. L. Powell, judge of the Court of Probate for said County,

          The undersigned is administrator of the Estate of Wilson Murphy late of said County Deceased

Respectfully returns the following as a full and perfaet (sic) sale Bill of the personal property belonging to

said Estate sold by him on the 1st day of October 1878 for cash to wit:

       

1 Black Cow                        sold to

Nancy Cheatham

$10.25

1 Yellow Cow                         "    " 

P. H. Cheatham

2.15

1 Black head Cow & Calf     sold to

Nancy Cheatham  at

10.25

1 Bull                                      "    " 

Henry Thompson   "

1.90

?

1 red spotted Cow & Calf        "    "  

W. J. Stacy          "

10.90

?

1 White Cow & Calf               "    "  

Nancy Cheatham "

8.75

1 Red Cow & Calf                  "    "  

P. H. Cheatham   " 

12.35

1 Yoke of Oxen                      "    "  

Henry Thompson  " 

15.80

1 Wagon                                 "    "  

George Harrison   "

2.50

1 Mule                                    "    "  

Frank Boutwell     "

40.00

1 red Heifer                            "    "  

Nancy Cheatham "

3.25

15 3/4 Bu Corn                        "    "  

Henry Thompson

7.50

554# Fodder                            "    "   

  "         " 

3.00

1 Lot of Farming tools              "    "  

Silas Hawkins

1.10

1  "    "  Old plows                  "    "  

J. R. Sirmon

1.15

1 well bucket & Rope              "    "  

H. Thomasson

.60

1 Wash Pot                             "    "  

F. L. Harris

3.25

1 Cooking Stove                      "    "  

S. J. Stringfellow

2.25

1 Half bolt Linen                      "    "  

D. T. Seale

.30

1 Potatoe Patch                       "    "  

P. H. Cheatham

.30

1 Club Axe                              "    "  

J. R. Sirmon

.60

1 Lot Tools                              "    "  

R. Vickory

1.50

1  "    Jars & urns"                 "    "  

Noah Watts

.15

1 Oven                                    "    "  

Geo Vickory

.10

6 Chairs                                  "    "  

Jack Vickory

1.60

1 Trunk & Contents                 "    "  

T. H. Watts

2.00

1 Pistol                                    "    "   

     "

5.25

1 Double Barrell Gun          "    "  

George Harrison

6.50

1 Small bedstead & Matress     "    "  

F. Harris

3.75

1 Feather bed                          "    "   

      "

12.65

1 Bedstead & Matress             "    "  

A. Murphy

3.75

1 Feather Bed                         "    "  

F. Harris

12.90

1 Bedstead & Matress             "    "  

P. H. Cheatham

5.50

1 Chest                                   "    "  

Jack Vickory

.35

1 Table                                   "    "  

J. R. Sermon

3.10

1 Tin Safe                               "    "  

George Vickory

3.20

1 Coffee Mill                           "    "  

M. Traweek

.55

1 Oven                                    "    "  

John Murphy

.25

1 Skillet                                   "    "  

   "         "

.05

1 Box Tongs                            "    "  

J. R. Smith

.40

1 Curry Comb                          "    "  

M. Traweek

.05

1 Lot Bowls                            "    "  

P. H. Cheatham

.30

 

 

200.55

(actually 202.05 by my count)

          All of which is respectfully submitted,

                                                     John F. Barganier, Shff & admr

The State of Alabama, Butler County.   Before me J. L. Powell, Judge of the Court of Probate in and for the said County, personally came John F. Barganier Sheriff & Ex officio admr of the Estate of Wilson Murphy Dec'd. who being by me duly and legally sworn on oath says the foregoing account of the sale of the Personal property of said Estate is correct as therein listed.

                                                                                                        J. F. Barganier

Sworn to and subscribed

before me Jany 25/79.

   J. L. Powell

   Judge of Probate.

  

 

 

 

Page 217

Estate of Wilson Murphy Dec'd.  Report of Sale of Lands.

 

The State of Alabama, Butler County.  In the matter of the Estate of Wilson Murphy Deceased.

To the Honorable J. L. Powell Judge of the Court of Probate for said County:

 

The undersigned admr. of the estate of Wilson Murphy late of said County deceased, would most respectfully  report unto your Honor, that under and in pursuance of an order from the Honorable the Probate Court of Butler County Alabama authorizing and empowering the undersigned as sheriff and ex. off. admr of the Estate of Wilson Murphy dec'd to sell the lands belonging to said Estate after advertising the time place and terms of sale together with a description of the property for three consecutive weeks next before the sale in the Greenville Advocate a newspaper published in Greenville Ala, proceeded on January 22nd 1879 to sell to the highest bidder before the Court House Door in Greenville Alabama within the legal Hours of sale the lands belonging to said Estate, for one half the purchase in cash and one half on a credit until the 1st day of November 1879 with interest from date at which said sale the following described lands were knocked off and sold to the following persons at the following prices they being the highest and best bidder therefor (sic), to wit:  (notes in parentheses are from Wilda Murphy)

 

SE ¼  of NW ¼  (40 acres)& South half of Sec 22 (320 acres). W ½ of SW ¼  of Sec 23 (80 acres) NW ¼  of NW ¼  of Sec. 27 (40 acres)(This 480 acre parcel is the Harris Place plus 240 acres; only 240 acres listed in the corrected description on 16 Sep 1879.)

 

 N ½  of NE ¼ (80 acres) & NW ¼  of Section 28 (160 acres) (total 240 acres,  later corrected to 480 acres) all in Township 10 Range 12 and containing seven hundred and forty acres more or less & known as the old Murphy place and the Peter Harris place sold to W. W. Wilkinson at and for the price of

1260.00


Also the S ½  of Section 33 in Township 11 of Range 14, containing three hundred twenty acres more or less and known as the Verdery Place (not mentioned in corrected description.)  sold to W. W. Wilkinson at and for the price of

560.00


Also W ½  of SE ¼  (80 acres) & E ½ of NW ¼ (80 acres, corrected to E ½ of  SW  ¼ ) of Section 22 and N ½  of NE ¼  of Section 27 (80 acres) containing 240 acres more or less  and known as the Buckalew Place sold to W.  W. Wilkinson at and for the price of

146.40


Also 156 acres more or less in Section 23 (sic; actually Section 33) in Township 10 of range 12 and known as the Butler Springs Place (corrected to  158 acres:  SW ¼ of SE ¼ Sect 28, W ½ of NE ¼ Sect 33 less 12 acres, E ½ of NE ¼ Sect 33 less 30 acres) sold to W. W. Wilkinson at and for the price of

78.00


Also NE ¼  of NE ¼  of Section 33 in township 10 of Range 12 containing 40 acres more or less and sold to Augustus Murphy at and for the sum of

14.00


making in all

<no sum entered>

Said administrator would further report unto your Honor that said sale was in all things legally and fairly conducted and that said lands sold for prices not greatly disproportionate to its real value and that said purchaser W.  W. Wilkinson has fully complied with the terms of said sale by paying one half the purchase money in cash and by giving his note with   <left blank>      as his securities therein for the other half and he would further report unto your Honor that the purchaser Agustus (sic) Murphy has failed to comply with the terms of said sale.  The premises considered he would most respectfully pray your Honor to make and grant an order Ratifying and Confirming said sale to W. W. Wilkinson in all things and that the sale to Agustus (sic) Murphy be set aside and that said lands so sold to Agustus (sic) Murphy be decreed to be Resold (actually those 40 acres were included in the Butler Springs Place) and that this his report of the same be received recorded & filed.

All of which is respectfully submitted,      John F Barganier, Shff & Ex off admr

 

The State of Alabama, Butler County.

Before me J. L. Powell Judge of the Court of Probate for said county personally came John F. Barganier who being sworn on oath says the facts and statements contained in the foregoing report of the sale of the lands of Wilson Murphy Estate is correct as therein stated.

Sworn to and subscribed before me Jany 25th 1879                      J. F. Barganier

  J. L. Powell, Judge of Probate

 

 

 

Page 219

Estate of Wilson Murphy Dec'd.  Objections to report of sale of Lands (no date).

 

In the matter of the report of lands of Wilson Murphy dec'd by J. F. Barganier admr of the Estate of the said Wilson Murphy.

         This being the day set for the hearing of the report of said sale now comes John Murphy Augustus Murphy Nancy T. Cheatham wife of P. H. Cheatham by their Attorney P. Q. Harper and Florence Harris wife of Peter Harris and Sarah Watts wife of William Watts by their attorney Posey & Crenshaw.  The said John Murphy Augustus Murphy Nancy T. Cheatham Florence Harris and Sarah Watts being heirs and distributees of the Estate of Wilson Murphy and object to the confirmation of the reports of sale of said Lands on the grounds that said lands were sold at prices greatly less than their real value.

 

P. Q. Harper Atty for Augustus Murphy John Murphy  &  Nancy T. Cheatham.
Posey & Crenshaw attys for Florence Harris & Sarah Watts.

 

 

Page 219

Estate of Wilson Murphy Dec'd.  Petition for order to sell Lands for Distribution.

 

The State of Alabama, Butler County.  To the Hon J. L. Powell Judge of Probate for said county.

The undersigned Administrator of the Estate of Wilson Murphy Late of said County Deceased respectfully alleges that his intestate died seized and possessed of the following real Estate in said County to wit:  (these legal descriptions bear little resemblance to the actual descriptions of  the property that  was sold as part of the estate)

 

SW ¼ of SW ¼, E ½ of SW ¼ & SE ¼  of SE ¼ of Section 16 in Township 10 of Range 12 (this parcel is not mentioned in Report of Sale of Lands or Corrected Description),

also

E ½ of Sec. one in Township 10 (note: 9 was written in above the 10) of range 12  (note: SW was written in above and to the right of 12), E ½ of SW ¼ of Section 6 in Township 9 of Range 13 (this parcel overlays part of Jule Murphy place in T9R12 and T9R13, but description is not correct),

also

SW ¼ of SW ¼ of Section 15 in Township 9 Range 13,

S ½ of Section 21 in Township 9 of Range 13,  S ½ of Section 22 in Township 9 Range 13,

NW ¼ & W ½ of SW ¼ of Section 23 in Township 9 Range 13,

NW ¼ of NW ¼ of Section 27 in Township 9 Range 13 (no parcels in T9 R13 are mentioned again in estate papers except the Jule Murphy Place in the Amendment to Petition to Sell Lands),

NW ¼ & N ½ of NE ¼ & SW ¼ of SE ¼ of Sect 28 in Township 10 Range 13 (this is in the section SW of the Buckalew tract, but is not mentioned again in the estate papers),

 

One Hundred & nineteen acres in Section 33 in Township 10 Range 12 (this is area of  Butler Springs place),

NE ¼ of SW ¼ & NW ¼ of SE ¼ & SW ¼ of SE ¼ SE ¼ of SW ¼ of Section 22 Township 10 Range 12 (this overlays part of the Harris Place, but description is not correct) ,

N ½ of NE ¼ of Section 27 in Township 10 Range 13 (80 acres of the Buckalew tract) and the S ½ of Section 33 in Township 11 of Range 14 (this describes the Verdery tract in the inventory) and

SW ¼ of SW ¼ twenty acres on South side of NE ¼ of SW ¼ & S ½ of SW ¼ of SE ¼

all in Section 2 Township 9 Range 12 & NE ¼ Sect 11 Township 9 Range 12 & E ½ of SW ¼ of  Sect 11, Township 9 Range 12 (this overlays part of the Middlebrooks place but description vastly different from that given later),

 

He further alleges that the following named persons and they alone are the Heirs and Distributees of said Estate to wit:         

John Murphy Augustus Murphy and Nancy T Cheatham wife of Peter H. Cheatham

all over the age of twenty one years and resides (sic) in Butler County Alabama

Sally Watts wife of William Watts over the age of twenty years and resides in Wilcox County Ala.

Florence L Harris wife of Pete Harris over twenty one years of age and <resides in> Trast   (actually Troup) County, Georgia

Heirs of Julius Murphy deceased to wit:

Susan Coleman wife of John Coleman over twenty one years of age,

Elizabeth Murphy over twenty one years of age,

John W. Murphy over twenty one years of age

Augustus Murphy over 14 years of age and has no Guardian

Anderson Murphy over 14 years of age and has no Guardian and

all reside in Butler County, Alabama  and

Florence L (S?) Burkett wife Thos Burkett over 21 years of age and resides in Choctaw County, Ala,

also the heirs of Wilson Murphy dec'd

William Murphy & Lola (sic, actually Iola) Murphy over 14 years of age and resides in Butler County Ala , and have no Guardian

 

 

He further alleges that said described lands cannot be fairly and Equally divided among the heirs of said Estate without a sale thereof, and that a sale is necessary for the division of said land among said Heirs.  He Therefore asks your Honor to grant and make an order in pursuance law (sic) authorizing and empowering him to sell said lands for said purpose.

 

All of which is respectfully submitted          J. F. Barganier,  Administrator.

 

The State of Alabama - Butler County.

Before the undersigned came John F Barganier Administrator &c who being sworn on oath says that the allegations in the foregoing petition contained are correct to the best of his knowledge and belief.

Sworn to & subscribed before                              

me November 7th 1878.                                J. F. Barganier

    J. L. Powell

    Judge of Probate

 

 

 

 

 

Page 220  Amendment to Petition.

The State of Alabama - Butler County

To the Hon J. L. Powell Judge of Probate for said County

 

Your petitioner respectfully prays your Honor for leave to amend his petition now on file in this court as the administrator of the Estate of Wilson Murphy dec'd for the purpose of division of the lands amongst the heirs of said decedent so as to correct the description of said lands as contained in said petition and so as to conform the description of the said lands to the proof to wit:   Instead of the description as now incerted (sic) in said petition incert (sic) the following, viz:  

 

SE ¼ of SW ¼ , S ½ of NE ¼ of SW ¼ , E ½ of SW ¼ of SW ¼ Sec 2 & NW ¼ of NW ¼ of Sec 11 T9 R12 containing 120 acres more or less & known as the Middlebrooks Place

 

SE ¼ of Sec 1 T9 R12, SW ¼ of SW ¼ Sec 6 T9 R13 (land certif. #47865, deeded to Wilson Murphy 15 Sep 1855) containing 197 acres more or less and known as "Jule Murphy Place"

 

E ½ of SW ¼ & W ½ of SE ¼ Sec 22, N ½ of NE ¼ Sec 27 T10 R13 containing 240 acres more or less known as "Buckalew Place"

 

SW ¼ of SW ¼ Sec 15 T10 R12 containing 40 acres & known as the "Needham Perrit Place"

 

The SW ¼ & W ½ of SE ¼ Sec 21 (80 acres of John Murphy's 1835 land patent #16672), NW ¼ & N ½ of NE ¼ Sec 28 T10 R12 containing 480 acres more or less and known as the "Home Place"

 

The SW ¼ & SE ¼ of NW ¼ Sec 22, NW ¼ of NW ¼ Section 27 T10 R12 containing 240 acres & known as the "Harris Place"

 

The SW ¼ of SE ¼ Sec 28 (cash  sale patent  #36689 on this 40 acre tract  was issued to Julius S Murphy  on 3 May 1848),  W ½ of NE ¼  Sec 33, except 12 acres on west side sold to Butler Springs, E ½ of NE ¼ Sec 33 except 30 acres on east side all in T10 R12 containing one hundred & fifty eight acres more or less and known as the "Butler Springs Place"

 

& as in duty bound &c             Jno. F. Barganier,    Shff & Ex off Admr

 

Sworn to and subscribed before me on this the 16th day of Sept 1879

   J. L. Powell                             J. F. Barganier

   Judge of Probate.   

 

 

 

 

Wilson Murphy's land:

 

As described in Inventory:

 

Pine Flat Place                  480 acres

Harris Place                     240 acres

Butler Springs Tract          156 acres

Over Pine Barren Creek      40 acres

Buckalew Tract                240 acres

Verdery Tract                   320 acres

                                       1476 acres

 

 

As described in Report of Sale:

 

Old Murphy Place/

      Peter Harris Place      740 acres

Butler Springs Place          156 acres

NE ¼ of NE ¼ of S33         40 acres  (This is actually a part of the Butler Springs tract)

Buckalew Place                240 acres

Verdery Place                  320 acres

                                       1496 acres

 

As described in Corrected Description:

 

Home Place                      480 acres

Harris Place                     240 acres

Butler Springs Place          158 acres

Needham Perrit Place         40 acres  (This may be the "Over Pine Barren" tract)

Buckalew Place                240 acres

Middlebrooks Place           120 acres

Jule Murphy Place            197 acres

                                       1475 acres

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