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John Benning Moore

John B. Moore, Deceased - Estate of
(Page 158 of the Probate recordings, Jefferson County, Town of Elyton, December 3, 1857)


State of Alabama }
December 3rd 1857 }
Jefferson County }
To the Honorable M. (Moses) Kelly.
Judge of Probate for said County.

Your Petitioner, Wm. B. Moore respectfully represents unto your Honor that he is the person named in the Will of John B. Moore, Dec'd, to execute the trusts and purposes there of and that said Will has been duly proved and admitted to record in this Court. Your Petitioner begs to refer to the Petition which was filed in this Court for the Probate of said Will, for a correct statement as to the present residence of the heirs of said Testator, together with their names, so for as the same are known to him. Your Petitioner further states that he is of the age of twenty one years and ------ that he is an inhabitant of this State, and is willing to take upon himself the trusts intended to be confided in him by the Testator and that he is purposed to give the necessary bond and Security as your Honor shall direct and request. He further states that to the best of his knowledge and belief, the value of the said Estate including both real and personal property of all and does not exceed about the sum of Thirty Thousand dollars. May it please your Honor, therefore to permit your Petitioner to qualify in this Court as the Executor of said Will, as was the intent of said Testator - And as in Duty Bound.

William B. Moore

Subscribed and Sworn to M. Kelly, Judge) State of Alabama } Jefferson County }

Known all men by their presents That we, Wm. B. Moore, Thomas L. Williams, William R. McAdory and John R. Thomas are hold and firmly bound unto Moses Kelly, Judge of Probate of Jefferson County, State of Alabama, and his successors in office in the final sum of Seventy Thousand Dollars to which payment will and truly be made, we and each of us do bind ourselves, our heirs and firmly by these presents.Sealed with our Seals and dated the 2nd day of Dec. in the year of our Lord one thousand eight hundred and fifty seven.The condition of the above obligation is such that whereas the above bound Wm. B. Moore has been duly appointed Executor of the Estate of John B. Moore, Dec'd Testator. The said Wm. B. Moore --- will ---- ----


(Page 316 of the Probate recordings, Jefferson County, Town of Elyton, December 2, 1857) John B. Moore Dec'd., Estate of}
Probate Court, Dec. 3rd 1857 }
Grant of letters on his Will }

It being known to the Court that the Last Will and Testament of the decedent has been duly admitted to Probate and record in this Court and that Wm. B. Moore is names by the Testator in the said Will as the Sole Executor there of, and the Court being further advised that the entire Estate of the said testator is of the value of about Thirty Five Thousand dollars and not probably so much. Now comes the said Wm. B. Moore, and files his petition in writing and under oath setting forth, among other matters his estimate of the value of the said Estate as also the names, ages, residences of the next of n, heirs and legalis of said Testator as far as he knows the same and praying that He may have letters testamentary upon said Will duly issued to him by and from this Court and the said Wm. B. Moore having given bond in the sum of Seventy Thousand dollars with such conditions thereunder written as the law directs in such cases with Thos. L. Williams, William R. McAdory and John R. Thomas as his Securities therein with bond hath been duly taken and approved by the Judge of this Court. It is ordered, adjudged and decreed that letters Testamentary be and the same are hereby granted to the said Wm. B. Moore upon said Testament the said letters to be forthwith issued in accordance with the times of the said Will. It is further ordered that the said petition and said bond be recorded.It is further ordered that an appraisal be made of the Estate of said Testator and returned as required by law. That John Smith, Thomas W. Owen and Sam A. Tarrant be and they are hereby appointed appraisers to make such appraisal and that they have notice of this appointment.


(Pages 159 & 160 of the Probate recordings, Jefferson County,
Town of Elyton, December 2, 1857 }
John B. Moore Dec'd Estate of. }
For the Sale of perishable property } December 2nd 1857

This day comes Wm. B. Moore Executor of said Estate and files his petition in writing and under oath praying for an order to sell about Forty five head of pork hogs, about the same number of stock hogs. Ten mules, one mare, about one thousand bushels of corn, seven stacks of fodder, about fifty bushels of oats, about twenty five bushels of peas, about twenty five bushels of wheat. Two Gins, one mill, one thrasher,Two wagons, Black Smith and farming tools, one shotgun, four feather beds and furniture, one clock, one bureau, four bales of cotton with several other articles of personal property upon the grounds that the same is perishable and the Court having read said petition and heard proof addressed in support there of, and being satisfied that said petition is fully sustained by the said evidence and that said property is perishable and that it will be beneficial to the interest of said Estate that the same should be sold and at as early a day as may be in accordance with the prayer of said petition after the same shall have been appraised. It is ordered and deemed that said property be put up and sold in the best interest of said decedent in such lots and parcels as said Estate may think most advisable and to the highest bidder on a credit of twelve months, except the cotton which the Executor may sell B@for cash ...................REMAINDER UNREADABLE....Property by advertisement put up at the Court House door and then other public places in the County.It is further ordered that said Executor, with all convenient speed, and within sixty days from said date do make report under oath to this Court of his account of said sale and how he has executed this decree. It is further ordered that said petition be recorded.


State of Alabama }
Jefferson County }
To the Honorable M. (Moses) Kelly.
Judge of: Probate for said County.

The petition of William B. Moore respectfully shown unto your Honor that he was duly appointed by this Honorable Court, Executor of the Estate of John B. Moore, dec'd. on the 2nd instrument and that he has in possession the assets of said Estate which consists of the following described property, which is of a perishable nature, besides the Slaves belonging to said Estate, viz. About forty five head of pork hogs, about the same No. of stock hogs & ten mules, one mare, about one thousand bushels of corn, seven stacks of fodder, about fifty bushels of oats, about twenty five bushels of peas, about seventy five bushels of wheat, two gins, one Mill, one fan and one thrasher, two wagons, black smith and farming tools, one shotgun, four feather beds and furniture, one clock, one bureau, four bales of cotton with various other articles of personal property which he now asks for an order to sell the above described property for the purpose of distribution amongst the heirs of said Estate at as early a date *as is convenient and according to law.


(All of which is respectfully submitted.
Subscribed and Sworn to }
2nd Dec. 1857 }
W. B. Moore M. Kelly, Judge }



(Pages 160 & 161 of the Probate recordings, Jefferson County, Town of Elyton, December 2, 1857)


John B. Moore, Dec'd., Estate of }
2nd December 1857 }
As to Sale of Land for distribution }

This day came William B. Moore, Executor of said Estate and filed his application in writing and under oath praying for an order and proceeding to sell certain real estate in said petition described of the property of said decedent at the time of his death for the purpose of division and upon the ground that the same cannot be equally divided among the heirs of said Estate. And it appearing from an inspection of said petition that the only heirs of said decedent are:

  • William B. Moore and James B. Moore, sons of said decedent, who are of full age and residence of this county;
  • Matilda Williams, of full Gage, wife of L. B. Williams, residence of Pickens County, Alabama;
  • Malinda Curry, of full age, wife of Alexander Curry, residence Shelby County, Alabama,
    and the following named persons, children of Minerva McKinney, now deceased, who was a daughter of said decedent, viz:
    Mary J. McAdory, of full age, wife of William McAdory.
    Matura A. Williams, of full age, wife of Thomas L. Williams, both of whom reside in Jefferson County, Alabama.
    William McKinney, of full age, residence, Coosa County, Alabama.
    Martha M. McKinney,
    Lanora D. McKinney and Minerva McKinney, minors, residence Coosa County, Alabama.


    It is therefore ordered that the 14th day of January next 1858, be and is hereby appointed a day for hearing the said application and the proof which may be submitted in support of the same. It is further ordered that due notice of the nature of said application and the time above set for the hearing there of be given at least forty days before the said day of the hearing by publication put up at the Court House door of said County, notifying all persons in interest to appear and contest said application if they think proper. It is further ordered that citations issue to the heirs of full age notifying them of this proceeding and of the day set for hearing the same. It is further ordered that the minor heirs have the same notice by service of citation upon their father, Patrick McKinney, he having custody of the said minor heirs residing with him.


  • (Page 161 of the Probate recordings, Jefferson County, Town of Elyton, December 2, 1857)
    State of Alabama } To the Honorable M. (Moses) Kelly. Judge of:

    Jefferson County } Probate for said County.

    William B. Moore, Executor of the Last Will and Testament of John B. Moore, deceased, showeth unto your Honor that said John B. Moore, dec'd. seized and possessed of the following described real estate., to wit,


    W. ½ of South E. ¼, S. 2, To. 20, R. 5 West, also NW ¼ of NE ½, S. 11, To. 20, R. 5 West. SE ¼, SW ¼, S 2, To. 20, R. 5 West. NW ¼, NE ¼, S. 1, To. 20, R. 5 West; SE ¼, S. 36, To. 19, R. 5 West; also E. ½, SE. ¼, S. 2, To. 20, R. 5 West. South W. ¼, S. 36, To. 19, R. 5 West. Also ten acres off of the W ½, NE ¼, S. 2, To. 20, R. 5 West.


    Also the South end of the North West ½, of the NE ¼, S. 2, To. 20, R. 5 West, it containing 25 acres, and that the following named persons are heirs or dividers of said real estate, to wit.


  • William B. Moore, of full age, residing in Jefferson County,
  • James B. Moore of full age, residing in Jefferson County, Matilda Williams, of full age, wife of L. B. Williams, residence of Pickens County, Alabama;
  • Malinda Curry, of full age, wife of Alexander Curry, residence Shelby County, Alabama,
  • Mary Jane McAdory, of full age, wife of William McAdory, residence, Jefferson County.
  • Matura A. Williams, of full age, wife of Thomas L. Williams, residence of Jefferson County Jefferson County, Alabama,
  • William McKinney, of full age, residence, Coosa County, Alabama,
  • Martha M. McKinney, minor, residence of Coosa County, Alabama,
  • Lanora D. McKinney, minor, residence of Coosa County, Alabama, and
  • Minerva McKinney, minor, residence of Coosa County, Alabama.


    The petitioner represents that said real estate cannot properly be divided among said heirs, or divided without selling........


  • (From Jefferson County Alabama Probate Recordings.
    John B. Moore Dec'd Estate of. }

    Order of the day, }
    January 22, 1858


    William B. Moore Executor of the said Estate having this day filed his application in writing and under oath praying for an order and proceedings to sell certain real estate in said petition described of the property of the said decedent at the time of his death for division and open the ground that the same can not be equally divided among the heirs of said Estate and it appearing from an inspection of the said petition that the only heirs of said deceased is:


  • Wm. B. Moore and James B. Moore sons of the said deceased and residence of Jefferson County and who is of full age.
  • Matilda Williams of full age and wife of L. B. Williams, who resides in Pickens County, Reform P.O. Alabama and
  • Malinda Curry of full age and wife of Alexander Curry who resides in Shelby County, Post office Montevallo, Alabama,


    daughters of said decedent and the following named persons, children of Minerva McKinney, deceased, who was a daughter of the said decedent Survivor.


  • Mary J. McAdory of full age and wife of William R. McAdory,
  • Matura A. Williams of full age and wife of Thomas L. Williams both of whom reside in Jefferson County Alabama and
  • William McKinney who is of full age and resides in Coosa County Bradford P.O., Alabama
  • Martha M. McKinney, Lanora McKinney, and Minerva McKinney minor heirs of said Estate and who lives with their father Patrick McKinney, whose residence is in Coosa County, Bradford P.O., Alabama. It is therefore ordered that....... (REMAINDER OF THE PAGE ILLEGIBLE)


  • (Page 167 of the Probate recordings, Jefferson County, Town of Elyton, January 14, 1858)

    John B. Moore Dec'd Estate of }
    January 14th 1858 }
    As to Sale of Land }

    This being the day appointed by a former order of this court for the hearing of the petition of Wm. B. Moore, Executor of John B. Moore, Dec'd., as to the Sale of the Lands belonging to said Estate, reopen the application of the said Wm. B. Moore, Executor as aforesaid. It is ordered that the same be continued and set down for hearing on the 19th day of January 1858.


    (Page 167 of the Probate recordings, Jefferson County, Town of Elyton, January 14, 1858) Jan. 14th 1858 }
    John B. Moore Dec'd Estate of As to }
    division of Negroes by Executor under the Will }


    This day came William B. Moore, Executor of said Estate and filed the proceedings under oath of the commissioners. Selected by himself to divide the Negroes belonging to said Estate, among the heirs there of which proceeding is ordered to be filed and recorded for future reference.


    Lot No.1

    NAME
    DESCRIPTION
    APPRAISED VALUE
    Cupit a man 37 years old $1,050.00
    Winny a woman 32 years old
    & child Porter
    $1,100.00
    Mack a boy 17 years old 1,200.00
    Silas a boy 7 years old $650.00
    TOTALLot No. 1$4,000.00
    Lot No. 2

    NAME
    DESCRIPTION
    APPRAISED VALUE
    Ben a man 38 years old$ 1,000.00
    Mirah a woman 31 years old
    & child Martha
    $1,100.00
    Elias a boy 2 years old $300.00
    Matura a girl 8 years old$800.00
    Amanda a girl 7 years old$650.00
    Dave a man 70 years old$150.00
    Casetta woman 65 years old $100.00
    TOTALLot No.2$4,000.00

    (Page 168 of the Probate recordings, Jefferson County, Town of Elyton, January 14, 1858)

    Lot No. 3

    NAME
    DESCRIPTION
    APPRAISED VALUE
    Harrya man 47 years old$850.00
    Sopha a woman 38 years old $125.00
    Nancy a girl 14 years old $1,200.00
    Ropa boy 15 years old $1,400.00
    Rileya boy 8 years old $325.00
    TOTALLot No. 3 $3,900.00

    Lot No. 4

    NAME
    DESCRIPTION
    APPRAISED VALUE
    Sama boy 24 years old $1,500.00
    Malinda a girl 13 years old1,100.00
    Wyatt a boy 9 years old$900.00
    Fredrick a boy 5 years old$550.00
    TOTALLot No.4 $4,050.00

    Lot No. 5

    NAME
    DESCRIPTION
    APPRAISED VALUE
    Miles a boy 23 years old$1,450.00
    Marya girl 21 years old $1,150.00
    Soa boy 9 years old$900.00
    Malissa a girl 4 years old$500.00
    TOTALLot No. 5$4,000.00

    The State of Alabama, Jefferson County } We the undersigned commissioners appointed by W. B. Moore, Executor of John B. Moore, deceased, to divide the Negro property of said decedent in conformity of the Will of said John Moore proceed to value and Lot the Negroes as follows, to wit:


    Lot No. 1. was drawn at set to James B. Moore consisting of the following, to wit:

    Cupit, Winnie, Porter, Jack, Silas
    Value-$4,000.00.

    Lot No. 2. To William B. Moore as follows:

    Ben, Mirah, Martha, Elias, Tura, Manda, Dave, Casetta
    Value-$4,000.00

    Lot No. 3 To Malinda Curry, to wit:

    Harris, Sopha, Nancy, Rop, Riley
    Value-$3,900.00

    Lot No. 4 To heirs of Minerva McKinney, to wit:

    Sam, Malinda, Wyatt, Fredrick
    Value-$4,050.00

    Lot No. 5 To Matilda Williams to wit:

    Miles, Mary, So, Malissa
    Value-$4,000.00

    Thos. W. Owen
    Daniel S.Huffman

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