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Macon Probate Court,
3 Division 4517 (No 3) Filed June 4th, 1862 Jno D. Phelan Clk
Elizabeth Lizzie Martin et als Heirs of Martha A. Foster Dec'd Appellants vs Benj F Foster Executor &c Appellee R.T. A
Hand this to Martin Baldwin & Sayre
Jany. 8/63 Reversed & remanded Stone J. M.J. 419.
Cert: Pref.
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The State of Alabama Probate Court Macon County Special Form 14th day of October 1861 This day came Benjamin F. Foster Executor of the will of Martha A Foster dec'd and presented his account current and voucher for an Annual Settlement of his administration of said Estate. It is ordered that Said account current and voucher be filed and set for hearing in the 2nd Monday in November 1861 and that notice of the filing of Said account and day set for hearing Said Settlement be given by advertisements posted at the Court House door and three other public places in Said County for three successive weeks and that John J. Martin be appointed Guardian ad Setens to represent Elizabeth Martin Charles Martin and Martha Peyton Martin Three heirs of said dec'd in Said Settlement Lewis Alexander Judge of Probate
The State of Alabama Probate Court Macon County Special Form 3rd January 1862 Be it Remembered that on this day in the matter of the application of Benjamine F Foster Executor of the will of Martha A Foster for an annual settlement of said Estate and it appearing that the account current and voucher of said executor were filed on the 14 day of October 18th and was by order of Court there made set for hearing on the 2nd Monday in November 1861 and regularly continued until this day Comes Said Executor and moves the Court to proceed with Said Settlement also comes JJ Martin Guardian ad Setens appointed by the Coourt to represent Elizabeth Martin Charles Martin and Martha Peyton Martib minor children of said dec'd and represents said minors in said Settlement. And it being Shown to the satisfaction of the Court that notice of the filing and day set to hear and pass upon Said account has been given by advertisements posted at the Court House door and three other public places in said County for three successive weeks. The Court proceeds to hear and pass upon the account and vouchers and proof in relation thereto. Where upon said Guardian ad Setens by his attorney Abram Martin moves the Court to charge Said Executor with the proceeds of the sale of crops made upon the plantation or the hire of negroes of said dec'd for the years 1860 & 1861 and also objects to the allowance of vouchers in Said account numbered one two three four five seven nine twelve thirteen fourteen nineteen & twenty which motion and objection was overruled by the Court and upon examination of said account it is found that said Executor received in assetts of said Estate #7188.12 and paid out on account of the debts of Said dec'd. Expenses of Administration to the sum of $717189 leaving a balance on this
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