Hearrin, Administrator, v. Savage, Administrator

337

Thomas L Starke Estate

In the matter of

the State of Alabama Clarke County. Orphans Court holden in vacation on the 10 day of October in the year of our Lorde one thousand eight hundred and forty three present the Honorable Joseph P Portis Judge,

[Margin Note] Harris Extr [end margin note]

It is ordered by the Court that Ptolemy T. Harris be appointed Executor of the last will and testament of Thomas L. Starke and that he give bond and security in the sum of Sixty thousand dollars with Robert F. Hazard and James Magoffin securities.

[Margin Note] Approval [end margin note]

Ordered by the Court that the bond given this day by Ptolemy T Harris Executor of the last will and testament of Thomas L Starke deceased with Robert F Hazard and James Magoffin securities be approved.

Orphan Court holden on the 10 May 1845, Present the Honr Terrell Powers Judge

[Margin Note] Harris Resignt [end margin note]

It is ordered by the Court that the resignation of Ptolemy T. Harris as Executor of the last will and testament of Thomas L. Starke deceased, be received and filed in office.

Orphans Court holden on the first Monday in June 1845 Present the Honorable Terrell Powers Judge

[Margin Note] Gayle Appt [end margin note]

On application of Billuss Gayle to this Court (no other person or persons applying) It is ordered that he be appointed Administrator with the will annexed of the Estate of Thomas L Starke deceased

It is ordered by the Court that the bond this day given by Billuss Gayle Administrator with the will annexed of Thomas L Starke deceased, for the sum of Sixty thousand dollars with John Darrington and Donald R W MacRae as securities, be and the same is hereby approved of, by this Court.

Orphans Court holden in vacation on the 25 day of December AD 1845. Present the Honorable Terrell Powers Judge

[Margin Note] Gayle Resignt [end margin note]

It is ordered by the Court that the resignation of Billuss Gayle as Administrator of with the will annexed of the Estate of Thomas L Starke deceased, be received recorded and filed.

Orphans Court holden in vacation on the 15 day of January AD 1846. Present the Honorable Terrell Powers Judge

It appearing to the satisfaction of the Court now here that Citations have heretofore been served to Horatio Starke. N B Starke & [Massena?] Starke brothers of the late Thomas L Starke deceased to appear on this day before this Court to show cause if any why letters of Administration upon the Estate of Thomas L Starke deceased should not be granted, on the same in place of Billuss Gayle

338 resigned, And it further appearing that the citations has been returned executed on Horatio Starke. and not found as to N.B Starke and Masena Starke. And now at this day the said Horatio Starke nor no other person appearing to administer upon said estate. It is therefore ordered by the Court that John B Savage Sheriff of Clarke County by virtue of his office be appointed Administrator Debonis non with the will annexed on the Estate of said Thomas L Starke deceased.

[Margin Note] Allegation [end margin note]

To the honorable Terrell Powers judge of the County Court of Clarke County state of Ala. of John B Savage Administrator debonis non with the will annexed of the Estate of Thomas L Starke deceased, from the best information it can obtain of the amount of assets belonging [CROSSED OUT] both real and personal belonging to said Estate do hereby alledge that the same is Insolvent and wholly unable to pay the demands standing & presented against said Estate and submit the accompanying schedules in support of this allegaation from to and subscribed 26 Jno B Savage Adm October AD 1846 [T L W?] Coate Clerk

[Margin Note] Schedule R Est [end margin note]

A schedule of the Real Estate belonging to the Estate of Thomas L Starke deceased (viz) The E 1/2 of the S E 1/4 sec 21.[T9?] R3 East The E 1/2 of the NW 1/4 sec 21 [T9?] R3 East, the W 1/2 of the SE 1/4 Sec 22 [T9?] R3 East, the SE 1/4 of SW 1/4 of sec 14. [T9?] R3 East The SE 1/4 of NE 1/4 sec 20 [T9?] R3 East, the E 1/4 of the SE 1/4 sec 22 [T9?] R3 East, The SW 1/4 of SE 1/4 sec 21 [T9?] R3 East, the E 1/2 of the NE 1/4 of sec 28 [T9?] R3 East, the E 1/2 of the SE 1/4 of sec 21 [T9?] R3 East , the SW 1/4 of the NW 1/4 sec 27 [T9?] R3 East the W 1/2 of E 1/4 sec 21 [T9?] R3 East, it being all the effects in my hands belonging to said Estate no personal property having ever come into my possession Octr 26 1846 The State of Alabama Clarke Comy Appeared in open Court John B Savage Administrator debonis non of Estate of Thomas L Starke deceased who after being duly qualified says on oath that the foregoing list of the real Estate of Thomas L Starke deceased is correct to the best of his knowledge information and belief Jno B Savage Admr Sworn to and subscribed 26 October 1846 [T L W?] Coate Clerk

[Margin Note] List of Claims [end of margin note]

A list of claims against the Estate of Thomas L Starke [and?] so far as has come to my knowledge Branch Bank vs Thos L Starke judgment fall term

339

Margin Note - Order for Notices

Orphans court holden on the first Monday in November it being the 2nd day of said month AD 1846 Present the Honorable Terrell Powers Judge of said Court Whereas heretofore to sit on the 26 day of October AD 1846 John B Savage Administrator debonis non of the Estate of Thomas L Starke deceased filed in office an allegation and the schedules required by law whereby it appears to the satisfaction of the Court that said Estate is Insolvent and unable to pay its debts, [It] is therefore ordered by the Court that notices issue to the several creditors of said Estate that Monday the 14 day of December next at the Court House in Clarke County is set as the time and place of hearing and determining upon the said allegation and exhibits as set forth in the same by the Administrator as aforesaid when and where all persons interested may attend and contest if they think proper. It is further ordered that notice of the same be given by publication in the Macon Banner a news paper published in the town of Macon for at least thirty days as the law requires.

Orphan Court holden on the second Monday in December it being the 14 day of said month AD 1846 present the Honorable

340 [Margin note] Insolvency [end of margin note] Terrell Powers Judge of said Court In the matter of the Estate of Thomas L Starke deceased this day the 14 day of December 1846 being appointed for the hearing of the allegation of the Insolvency [CROSSED OUT] petition of John B Savage Administrator of the Insolvency of said Estate And it appearing that the notice by the statute required have been given and no one objecting to the said declaration of Insolvency of said Esate of Thomas L Starke. It is therefore ordered by the Court that the said Estate of Thomas L Starke be and is hereby declared Insolvent It is further ordered that the said John B Savage Administrator debonis non of the Estate of Thomas L Starke deceased make a settlement of his accounts as such Administrator on the 10th day of February next 1847 and that notice thereof be given to the creditors of said Estate to attend on said day at Macon in the County of Clarke.

[Margin illustration of pointing finger]

Orphans Court holden on hte 10 day of February 1847 present the Honorable Terrell Powers Judge Court adjourned until tomorrow morning 9 oclock AM Thursday morning 9 oclock 11th February 1847 Court met pursuant to ajournment.

[Margin note] Continuance [end of margin note] This day it being the day appointed by the Court for the final hearing and settlement of John B Savage Administrator debonis non of said Thomas L Starke and notice of the settlement having been made in the Macon Banner a paper published in Macon, Clarke County being at the Court House in said County more than thirty days and a copy of such notice posted up at the Court House door of said County of Clarke and notices having been served on the creditors of said Estate in pursuance of low the said creditors held a meeting in the presence of the Court and did proceed to nominate and elect an Administrator debonis non of Estate of said Thomas L Starke deceased and said creditors did nominate [CROSSED OUT] unanimously elect Charles E Woodard a citizen of Clarke County Alabama, Administrator de bonis non of the Estate of said Thomas L Starke. And it is ordered by the Court that said Charles E Woodard give bond as Administrator debonis non in the sum of twenty five thousand dollars.

This day it being the day appointed and advertised for John B Savage Administrator debonis non of Estate of Thomas L Starke deceased to make a settlement of his accounts up to date And the Administrator moves the Court for a postponement of said settlement until the 2nd day of April next. It is therefore ordered by the Court that said settle ment be postponed until the 2nd day of April next.

341 [Margin Note] Continuance [end margin note] Orphans Court 2nd day of April 1847. Present the Honr Terrell Powers Judge It is ordered by the Court that the settlement of John B Savage as Administrator Debonis non of the Estate of Thomas L Starke deceased be postponed until Tuesday the 4th day of May next. [Margin note] Hearin Admr [end margin note] Orphans Court holden on the 4th day of May AD 1847. Present the Honorable Terrell Powers Judge. This day being the one ordered by the Court upon agreement of the creditors of said Estate the same having been declared Insolvent to elect an Administrator Debonis non And now came the creditors of said Estate and Thomas Hearin having received 26 votes and James Savage having received 6 votes It is considered by the Court that Thomas Hearin has this day been duly elected Administrator Debonis non of the Estate of Thomas L Starke deceased. It is ordered and decreed by the Court that Thomas Hearin be and he is hereby appointed Administrator Debonis non of the Estate of Thomas Le Starke deceased and that he give bond in the sum of twenty thousand dollars and take the oath required in such cases made and provided. [Margin note] Continuance [end of margin note] It is ordered by the Court that the final settlement of John B Savage former Administrator Debonis non of the Estate of Thomas L Starke deceased be postponed until the first Monday in June next on his shewing this day made [Margin note] Continuance [end of margin note] Orphans Court first Monday in June 1847. Present the Honorable Terrell Powers Judge. It is ordered by the Court that the final settlement of the Estate of Thomas L Starke decd by John B Savage Administrator Debonis non be postponed until the second Monday in August next. [Margin note] Continuance [end of margin note] Orphans Court Second Monday in August AD 1847 present the Honorable Terrell Powers Judge Thos L Starke Estate. This being the day set for a final settlement of the Administration of John B Savage Administrator Debonis non of said Estate and on application of James Savage for a postponement of a financial settlement and on agreement of Counsel on both sides and on deliberat - ion by the Court the said final settlement of the said John B Savage as Administrator as aforesaid be postponed until Monday the 25th day of October next on the affidavit of James Savage and that notice of this postponement be published in the Southern Recorder a news paper published in Clarke County