*****Jefferson Co. AL
Probate Court - Orphans Court Record 1844-1854

From Microfilm at Birmingham Public Lib, Al

Micro#1064927
Roll:88 Item #1 of 3

pg 590-596 Elizabeth Cosby decd

The state of Alabama Blount County. I John C. Gillespie Judge of the Probate court of said county certify that letters of administration on the estate of Elizabeth Cosby were on the 20 day of January 1854 granted to James S. Cosby who has duly qualified and given bond as such and is authorized to administer such estate. (Signed) John C. Gillespie, Judge of Probate

The State of Alabama Blount County. I John C. Gillespie Judge of the Probate court of said county hereby certify that the foregoing is a true full and complete copy of the letters of administration on the estate of Elizabeth Cosby and that the same has not been revoked. In testimony whereof I have hereunto set my hand and seal of office at office in Blountsville this the 10 day of Oct 1854. (Signed) John C. Gillespie, Judge of Probate.

James S. Cosby adm of Elizabeth Cosby decd vs. the heirs of said decd. Petition to sell land.
Be it remembered that heretofore to wit on the 30 day of August 1854 James S. Cosby filed his petition in the words and figures following to wit to the Hon Joab Bagley Judge of the Probate Court of Jefferson County in the State of Alabama.
The petition of James S. Cosby admr of the estate of Elizabeth Cosby late of the county of Blount and state aforesaid, who died intestate respectfully showeth unto your honor.
That the personal estate of said Elizabeth Cosby decd the intestate of your petitioner is not sufficent for the the payment of the just debts of his said intestate without a sale of the real estate of said intestate.
That said intestate died seized and possessed of the following real estate lying and being in the county of Jefferson & known and described as the West half of the south east quarter of section no 8 township no 15 range no 1 west in the district of lands subject to sale at Tuskaloosa Ala containing 80 acres more or less and of no other real estate known to your petitioner.

 

Pg 591

That said intestate left the following persons her heirs so far as the same is known to your petitioner & no others (to wit),
Wm. Cosby - of full age and resides in Hunt County state of Texas
Abner Cosby - son of dicd of full age resides in Wood County Texas
Isaac Cosby - son of decd of full age and resides in Smith County Texas
Oliff? - daughter of deced and intermarried with one Ephraim Hix & resides in Wood County Texas
Sarah - Daughter of decd & of full age & intermarried with Jeptha J. Barton & resides in Teppa County State of Mississippi.
Ellen - daughter of deced & who was intermarried with one Joel Cain who is now decd & residence unknown.
Mary - daughter of decd of full age and intermarried with one Moses M. Posey & resides in Blount County Alabama.
Harriet - grand daughter of decd of full age and daughter of Wiley Cosby son of said decd the said Wiley being now decd and intermarrried with one Wm P. Rogers residence not known.
Elizabeth - grand daughter of deceased of full age and daughter of Wily Cosby son of said decd the said Wily being now deceased, & intermarried with one William Wilford & resides in Washington county state of Arkansas.
Charles - grand son of decd & son of Wiley Cosby, who was the son of said decd he the said Wily being now deceased - of full age residence unknown.
James - grand son of decd of full age & son of Wiley Cosby who was the son of said decd he the said Wiley being now dead residence unknown.
Wiley, Mary, Francis & Rutha - all under the age of twenty one years and unmarried. Children of Wiley Cosby a son of said decd he the said Wiley being now decd these children are supposed to reside in the county of Washington & State of Arkansas.
Dier - of full age but of unsound mind, son of Wiley Cosby who was the son of the said decd he Wiley being now dead this child is supposed to reside with his mother in the county of Washington & State of Arkansas.
Nancy -of full age intermarried with one Anderson Hix daughter of Wiley Cosby who was the son of the said deceased he Wiley being now dead, the said Nancy & husband resides in Blount County, Ala.

Pg 592

Your peititioner prays your honor that such proceedings may be had in the premises as the law dictates and that a sale of the before mentioned land may be ordered for the purposes aforesaid pursuant to the code in such cases made and provided (signed) James S. Cosby.

The state of Alabama, Jefferson County. Court of Probate Aug 30, 1854. Appered in open court James S. Cosby administrator of the estate of Elizabeth Cosby decd who upon his oath says that the facts set forth in the foregoing petition are true according to the best of his knowledge information and belieff. Sworn to and subscribed in open court. J. Bagley Judge. (Signed) James S. Cosby

And on the 30 day of Aug 1854 the following order was made to wit.

This day came James S. Cosby who has been appointed administrator on the estate of Elizabeth decd by the Probate Court of Blount County State of Alabama and filed in open court his petition setting forth that the personal estate of Elizabeth Cosby deceased is not sufficient for the payment of the just debts of his intestate without a sale of the real estate of said intestate and frther showing that the said Elizabeth Cosby died seized and possessed of the followo\ing described real estate situated in Jefferson County in the State of Alabama viz. The West half of the South East quarter of Sec 8 T 15 R 1 West and it appearing to the court that intestate left the following persons her heirs at last so far as the same is known to petitioner_ to wit Wm. Cosby in the County of Hunt State of Texas Abner Cosby Isaac Cosby and Ephrim Hix and Oliff Hix his wife who reside in Wood County in the State of Texas Jeptha Barton and Sarah Barton his wife who reside in Tippah County in the state of Mississippi Ellen Cain widow of Joel Cain decd late Ellen Cosby whose residence is not known Mary Posey daughter of intestate intermarried with Moses M. Posey who reside in Blount County State of Alabama all of lawful age; and the children of Wiley Cosby decd who was a son of intestate to wit Harriet Rogers intermarried with William P. Rogers of lawful age whose residence is not known

 

Pg 593

Elizabeth intermarried with William Wilford of lawful age who resides in the County of Washington State of Arkansas Charles Cosby who is of lawful age whose residence is unknown James Cosby of full age whose residence is unknown Wiley Cosby Mary Cosby Frances Cosby and Rutha Cosby who are under the age of twenty one years and are supposed to reside in the County of Washington State of Arkansas and Dier Cosby who is of lawful age but of unsound mind who resides in the County of Washington State of Arkansas and Anderson Hix and Nancy Hix his wife of lawful age who reside in the County of Blount in the State of Alabama.

It is therefore ordered by the court that the 14 day of Oct be appointed for the hearing of said petition.

It is further ordered that notice be given to the non residents by publication in the Jones Valley times once a week for four successive weeks requiring them to appear in this court as above and answer said petition if they wish.

It is further ordered that citations be issued to all the rsident heirs requiring them to answer said petition.

It is further ordered that Hugh Morrow be appointed guardian ad litum for William Cosby, Mary Cosby, Frances Cosby and Rutha Cosby minors and Dier Cosby who is of unsound mind during the pendincy of said petition.

Citations.
The state of Alabama Jefferson County. To any sheriff of the state of Alabama -Greeting - you are hereby commanded to summon Moses M. Posey and Mary Posey his wife heirs of Elizabeth Cosby late of said county deceased to appear before the Court of Probate at a term here of to be held for said County on the 14 day in Oct next to answer the petition of James S. Cosby administrator of the estate of Elizabeth Cosby who has filed a petition in said Court setting forth that it is necessary to sell the land belonging to said estate for the purpose of paying debts and praying the court to grant an order to sell said real estate for the purposes aforesaid. Herein fail not; and have you then and there this wish/writ?. Witness: J. Bagley Judge of Probate this 14 day of September AD 1854 in the 79 year of American Independence. (Signed) J. Bagly Judge of Probate.

Pg 594

Endorsed(?) - We hereby acknowledge legal service of the within notice. Sept 27 1854. (Signed) M. M. Posey (his mark), Mary Posey (her mark)

The State of Alabama, Jefferson County. To an sheriff of the State of Alabama - Greeting - you are herby commanded to summon Anderson Hix and Mary Hix his wife heirs of Elizabeth Cosby late of said county deceased to appear before the court of probate at a time thereof to be held for said county on the 14 day in Oct next to answer the petition of James S. Cosby Adm. Of the estate of Elizabeth who has filed a petition in said court setting forth that it is necessary to sell the land belonging to said estate for the purpose of paying debts and praying the court to grant an order to sell said real estate for the purposes aforesaid. Herein fail not and have you then and there this wish/writ? Witness - J. Bayley Judge of Probate this 14 day of Sept AD 1854 in the 79 year of American Independence. (Signed) J. Bagly Judge of Probate.

Endorsed(?) - We hereby acknowledge legal service of the within notice 28 Sept 1854. Test Jacob J. Thomas (his mark). (Signed) R. A. Hix, Nancy Hix (her mark).

And on the 14 day of Oct the following order to wit was made.

It is further ordered by the court that the hearing of the petition of James S. Cosby administrator of the estate of Elizabeth Cosby decd praying an order authorizing a sale of he real estate of said deceased for the payment of debts be continued until the 30th day of Oct (Inst) and that the administrator have leave to take further testimony in support of said petition..

And on the 30 day of Oct the following order was made to wit.

This being the day to which was continued the hearing of the petition of James S. Cosby adm. Of the estate of Elizabeth Cosby decd for an order authorizing a sale of certain real estate of which the said Elizabeth Cosby decd seized and possessed for the purpose of paying debts

pg 595

and it appearing to tthe satisfaction of the court by the depositions of two credible witnesses taken in smting(?) and filed herein that the personal estate of said Elizabeth Cosby deceased is not sufficient for the payment of the debts of said deceased. It is therefore ordered adjudged and decreed by the court that the real estate belonging to the estate of said Elizabeth Cosby decd be sold for the purpose of paying debts upon a credit of twelve months and notice thereof be given by written advertisements as by laws requiring and that said sale take place upon the premises which real estate is described in the petition of the administraor as follows to wit - the W 1/2 of the SE 1/4 of S 8 T 15 R 1 West and that said adm. Make report there of within thirty days from the day of sale.

And on the 7 day of Feby 1855 James S. Cosby Adm. Made the following report to wit.

To the hon the Judge of the Probate Court of Jefferson County in the state of Alabama.

The undersigned administraoor of the estate of Elizabeth Cosby deceased late of Blount County Alabama beg leave to report that in compliance with a decree of your honorable court made 30 day of Oct 1854 for the sale of certain real estate . He did on the 8 dayof January 1855 on the premises after haing given the notice required by law sell at public outcry to the highest bidder on a credit of twelve months the following tract of land. To wit The W 1/2 of SE 1/4 of sec 8 T 15 R1W to Miles Majors for the sum of two hunderd and sixty seven dollars he being the highest bidder at the sum aforesaid whereupon the said Miles Major entered into bond for the aforesaid sum with Wilson C. Cowden and W. D. Cowden as securities who are all severally deemed good & punctual. Sworn to and subscribed before me this 7 day of Feby 1855-J. Bagley Judge. (Signed) James S. Cosby.

And on the same day the following order was made to wit.
This day came James S. Cosby administrator of the estate of Elizabeth Cosby decd and made report of the sale of certain real estate sold by him as such administration in pursuance of a former order of this court by which report it appears that he did after advertising

pg 596

as required by said order expose said real estate to sale on the 8 day of January 1855 consisting of the W 1/2 of SE 1/4 of S8 T15 R1W to the highest bidder at public out cry in a credit of twelve months and that Miles Major became the purchaser thereof for the sum of two hundred and sixty seven dollars $267.00 that being the highest and best bid for the same and that the said Miles Major entered into bond for the payment of said sum with Wilson C. Cowden and W. D. Cowden as securies and no exceptions being made to said report and the court being satisfied that said real estate was sold for a fair price and that the payment of the purchase is well secured.

It is therefore ordered by the court that said report be confirmed and that the same be recorded.