Person:Martha Hooper (8)

Abstracted by Robert C. Johnston, Jr. of Wetumpka, AL from a copy of the original located in the Blount Co., Alabama Courthouse. This is an exact copy complete with misspellings and punctuation. Blount County, Alabama Probate Court Minutes Book "K" (1896-1902), page 221-222 Estate of Martha Cornelius - Application to Sell Land September 8, 1898 (Beginning of document on page 221) Thos. B. Cornelius } Before the Honorable Tyre H. Davidson T. D. Pearson } Judge of Probate of Blount County, Alabama T. M. Cornelius } application for an order to sell land for division Flordia Sullivan } and partition away joint owners. Horton Sims } This 8th day of September, 1898 And now, on this day come T. B. Cornelius, and files with the Judge of this Court, his application, in writing, under oath, praying for an order and proceedings to sell the lands herein of the described, and therein alleging that he with T. D. Pearson own an undivided one third interest therein, and Florida Sullivan, wife of Filex Sullivan, Houston Sims, and T. M. Cornelius each own an undivided one third of one third interest in and to said lands which said lands are fully set forth and described in said petition as the North West quarter of South West quarter of and are that part of South half of North West quarter west of the conditional line of William Young, and all in Section Five. Also the South half of the North East quarter, and all ___ part of the North East quarter, of North East quarter, South of the conditional line of said William Young. All of the said described land is in Section Six, all in Township Fourteen of Range One East containing One hundred and Sixty acres, more or less, and known as the Martha Cornelius Dower, in the County of Blount and State of Alabama. And alleging that said lands can not be fairly and equally divided or portioned among said heirs and joint owners without a sole thereof. It is therefore ordered by the Judge of Probate, that said application be placed on file for inspection of all concerned and that the 17 day of October, 1898, set for hearing the same, and that notice of the filing of said petition be given by citations issued and duly served at least ten days before the said 17th day of October 1898. Upon the said heirs Florida Cornelius Sullivan and her husband Felix Cornelius Sullivan and Houston Sims all of whom reside in Blount County, Alabama, and all of whom are of full age except the said Florida Sullivan wife of Felix Sullivan, who is over the age of eighteen years, and that the said T. D. Pearson, which is of full age and resides at Mountain Peak, in the State of Texas have notice of said application and of the day above set for hearing the same publication of a notice, to him ____ for three successive weeks in the Blount County News Dispatch, a newspaper published in said Blount County, notifying the said T. D. Pearson to be and appear before the Judge of this Court on the 17 day of October 1898, to show cause, if any, why the prayer of said petitioner should not be granted. And is further appearing to the Court that the said Florida (end page 221, start of page 222)

Sullivan and her husband Felix Sullivan are under the age of twenty-one years of age. It is therefore further ordered that Thomas B. Deaven be and hereby is appointed guardian ad liture to represent and defend their interests in all matters and that Thomas B. Deaven he had due notice of his appointment as such guardian ad liture and of the day above set for hearing. And therefore the Court adjourned sine die, this 10 day of September 1898. Tyre H. Davidson, Judge. (End of document) ................................................................... Blount County, Alabama Probate Court Minutes Book "K" (1896-1902), page 231 Estate of Martha Cornelius - Application to Sell Land October 17, 1898 (Beginning of document) Thomas B. Cornelius, and others} October 17, 1898 Joint owners. Application for sale of } Lands for partition and Division} Continued to November 14, 1898. (End of document) ..................................................................... Blount County, Alabama Probate Court Minutes Book "K" (1896-1902), page 241-243 Estate of Martha Cornelius - Hearing on Application to Sell Land November 14, 1898 (Beginning of document on page 241) Thomas B. Cornelius }Before Tyre H. Davidson Judge of Probate and others. Joint Owners }This Monday the 14 day of November 1898 This being the day heretofore appointed for heretofore hearing the application of Thomas B. Cornelius for an order to sell certain lands hereinafter described for the purpose of partition and division among joint owners hereof, upon the grounds that said lands can not be fairly and equally divided without a ___ thereof, now comes the said petitioner and ____ that said application be granted. Said day being not __ ___ thirty days from the time of making said application ___ it appearing to the Court from proper evidence that due notice of the time and nature of this application has been given in all respects as required by law and the former orders of this Court, and also comes William Young, in person and by attorney and the said T. B. Cornelius more or less to amend his petition by striking out the name of T. D. Pearson as one of the joint owners and inserting in line thereof the name of said William Young as claimant and it being proven that said William Young has purchased and now owns the entire share on interest of the said T. D. Pearson in and to said causes. Said amendment is accordingly made, the said parties being personally present in Court and not objecting thereto. And it further appearing that Florida Sullivan and her husband Felix Sullivan, Hampton Sims and T. M. Cornelius, have each and all of them been notified of this application and of the day set for hearing the same by citations issued and duly served upon each of them not less than ten days before this day and that the said T. D. Pearson has had notice by publication of a notice to him directed for three successive weeks in the Blount County News - Dispatch, a newspaper published in said Blount County and thereby brought into Court according to law. And Thomas B. Deaven , who was heretofore appointed guardian ad liture the said Florida Sullivan and T. M. Cornelius, both of whom are minors over the age of fourteen years, coming now and in writing, consenting to serve as said guardian ad liture and changing the allegations contained in said application and insisting that strict proof be made as to the corrections (End of page 241. Beginning of page 242) of the same the Court now proceeds to hear said application and the proofs submitted in support of the same. And it appearing to the Court from the allegations contained in said application and from the depositions of John H. Campbell and James Mize, disinterest witnesses, taken upon interrogations and submitted by the said petitioners as in Chancery cases that said lands mentioned and described in said petition can not be fairly and equitably divided or partitioned away said joint owners without a sale thereof, and that therefore a sale thereof necessary and ____ __ the interest of all of said joint owners for the purpose of making a fair and equitable partition and division. It is therefore considered, ordered, adjudged and decreed by the Court that the said petition be and the same hereby is granted, and that lands mentioned and described in said petition, to wit: The North West quarter of South West quarter and all that part of South half of North West quarter, West of the conditioned line of William Young, all in Section Five (5). Also, the South half of North East quarter, and all that part of North East quarter of North East quarter South of the conditioned line of said William Young in Section Six (6), all in Township Fourteen of Range One East in Blount County, Alabama, containing One hundred and sixty acres more or less, and known as the Martha Cornelius Dower in the lands of the late Manly Cornelius deceased be sold for the purposes of making an equitable partition and division among said several joint owners thereof. And for the purpose of carrying this order into effect it is further ordered that M. L. Ward be and he hereby is appointed a Special Commissioner to whom a commission shall be issued and addressed notifying him of his appointment, containing the names of all the share holders together with the amount or share or interest of each, and a description of said lands, and directing him to sell said at public auction to the highest and best bidder, for one third cash and the balance on a credit of One and Two years in equal installments, on the said premises in said Blount County, on Monday, the 19th day of December 1898 between the hours of eleven o'clock in the forenoon and four o'clock in the after-noon of said day, after having first given notice of the day, place and terms of said sale and a description of the property for thirty days prior to said sale by publication in the Blount County News - Dispatch a newspaper published in said County and that he make report (End of page 242. Beginning of page 243) in writing under oath to the Judge of this Court of said sale within thirty days after said sale is made. And he is further directed to pay over into the hands of the Judge of this Court the proceeds of said sale after deducting therefrom the cash and expenses of sale and the commissions to which he is entitled under the laws of this state. And it appearing by due proof to the satisfaction of the Judge of this Court, that William Young is the rightful owner and is entitled to one third interest in and to said lands, that being found to be the full amount to which his and or T. D. Pearson was entitled to therein, that the said petitioner T. B. Cornelius is entitled to and owns an undivided one third interest in and to the lands aforesaid, that the said T. M. Cornelius owns and is entitled to two ninths (2/9) interest or share in said lands and that the said Hampton Sims owns and is entitled to an undivided share or interest in said lands, equal to one ninth first time of and that day be each entitled to share in the proceeds of said sale as above set out. (End of document) ............................................................................ Blount County, Alabama Probate Court Minutes Book "K" (1896-1902), page 253 Estate of Martha Cornelius - Report of Sale of Land December 19, 1898 (Beginning of document) T. B. Cornelius and others }December 19th 1898 Report of sale of land for Partition}Present: Hon. Tyre H. Davidson, Judge And now on this day comes M. L. Ward who was heretofore appointed Commissioner to sell certain lands belonging to joint owners and makes report in writing and under oath of the sale made by him in accordance with the decree of this Court rendered in the ____ on the 14th day of November 1898. It is therefore ordered that said report be filed and that the 2 day of January 1899 be appointed for he owing such exceptions or objections as may be taken or filed to the said sale on the report thereof. (End of document) ..................................................................................... Blount County, Alabama Probate Court Minutes Book "K" (1896-1902), page 275 Estate of Martha Cornelius - Report of Sale Comprised January 2, 1899 (Beginning of document) Thomas B. Cornelius and Joint Owners }In Probate Court December Term Report of Sale Comprised }January 2, 1899 And now on this day again comes Mr. M. L. Ward the Commissioner heretofore appointed to sell certain lands for partition and division and presents to the Court for confirmation the Report of the sale made by him of certain lands under and by virtue of the commission which is attached to said report made by him on the 10th day of December 1898 and which report was made under oath and filed in this Court on the 19 day of December 1898. More than ten days before this day and all of the parties have been duly notified of the said sale and of the report thereof. And it appearing by due proof to the satisfaction of the Court that said sale was legally ____, was fairly conducted, and that all of the procedures pertaining thereto were conducted in strict accordance with all the assignments of the law and of the decree of this Court directing said sale. And that the whole of the purchase money has been paid; that the land sold for an amount not greatly less nor disproportionate to its real value, and said report having been filed more than ten days before this day and no objection or exception having been taken thereto, and no objection being now shown to the County. It is and therefore ordered, adjudged, and decreed by the Court that the said sale and the report thereof be and the same hereby are in all things, satisfied and fully confirmed, and said report ordered to be recorded. And it appearing from said report, that at said sale, William Young became the purchaser of NW ¼ of SW ¼ and all that part of S ½ of NW ¼ West of the conditional line of said William Young, all in Section 5. Also S ½ of NE ¼ and all that part of NE1/4 of NE ¼ South of the conditional line of said William Young, in Section 6, all in Township 14, Range 1 East in Blount County, Alabama containing 160 acres more or less, and known as the Martha Cornelius Dower, in the lands of Manly Cornelius, deceased, for the sum of Nine Hundred and seventy Eight and 25/100 Dollars ($978.25) and ____ and there complied with the terms of said sale, by paying the whole amount of said purchase money on the day of sale. And said commissioner having now paid over to the Judge of Probate the whole amount of said purchase money and the same having been divided among those entitled to share therein, less costs and commissions. It is now therefore considered, ordered, adjudged and decreed, by the Court, that M. L. Ward, the said special commissioner proceed immediately to convey, assign, and set over to the said purchaser, William Young, all the right, title, interest, claims and demand whatsoever which T. B. Cornelius, Wm. Young, T. M. Cornelius, and Hampton Sims, the said joint owners, had and held in and to said lands at the date of the said sale, and which the said Manly Cornelius, deceased, owned therein at the time of his death. (End of document) (End of Martha Cornelius Estate Records)

RIN: MH:I957