Letters of Administration; the Estate of Drury Dean 1869-1870
Drury Dean Decd LETTERS OF ADMINISTRATION The est of OCT. 26, 1869
This day came Samuel O. Dean and filed his application in writing and under oath, praying to be appointed to the administration of said estate, alleging in his said petition that he is the half brother of said decedent, who was an inhabitant of this state at the time of his death, that he departed this life in this county intestate more than fifteen days since, and that his death has been known more than forty days, leaving property in this state of about the value of fifteen hundred dollars, and it being shown by evidence satisfactory to the Court that the allegations of said petition are substantially true, and the said S. O. Dean having given him in the sum of three thousand dollars, with William Dean and Issac Mixon as his securities therein, which bond with such security has been duly taken and approved, as good and sufficient by the Judge of this Court. It is ordered, adjudged and decreed that the said Samuel O. Dean be, and he is hereby appointed to administration of said estate, and that the proper letters of administration do issue to him forthwith. It is further ordered that an appraisement of said estate be made, and that I. Beland, J. R. Barfield and S. W. Cook be, and they are hereby appointed and authorized to appraise said estate, and that they have due notice of this appointment.
It is further ordered that said Petition be recorded.
Drury Dean Decd RETURN OF INVENTORY AND APPRAISMENT The est of NOV. 1, 1869
This day came Samuel O. Dean, the Admin of said dec’d and presents his inventory and appraisement of said estate in due form and properly verified. It is ____________ that the same be filed and recorded.
Drury Dean Decd ORDER TO SELL PERISHABLE PROPERTY The est of NOV. 1, 1869
This day came S. O. Dean Admin of said estate, and filed his petition in writing, praying for an order to sell certain items, cattle, hogs, corn and fodder, household and kitchen furniture etc belonging to said estate, up the ground that the same is perishables and of a wasting nature, and that it will be beneficial to the interest of said estate that the same should be sold as early a day as may be.
It is ordered and decreed that said property be put up and sold at the late residence of the deceased in this County, and at auction to the highest bidder for cash, after said admin shall have first given ten days notice of the time, place and terms of sale, together with a description of the property, for advertisement posted at the door of the Court House and three other public places in the County.
It is further ordered that said petition be recorded.
Drury Dean Decd APPLICATION TO SELL LAND The est of NOV. 1, 1869
Sanuel O. Dean, Administrator of 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 said decedent at the time of his death, for division, and upon the grounds that the same cannot be equitably divided among the heirs of said estate, and it appearing from said Petition that the only heirs of said deceased are his widow Mrs. Matilda Dean and his three children towit, Hasseltine Dean and William Dean who are of full age and James Dean, a minor over fourteen years of age, all of whom reside in this County. It is therefore ordered that the 9th day of December 1869, be and it 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 of the time above set for the hearing thereof, be given at least forty days, before the said day of hearing, by advertisement posted up at the door of the Court House and three other public places in said County, for all persons in interest to appear and contest said application if they think proper. It is further ordered that the said Matilda Dean, Hasseltine Dean, and William Dean have notice of this proceeding and of the day set for hearing the same, by citation to be personally served on them, that James Dean have the same notice by service of citation up the said Matilda Dean she having the custody of the said James residing with her.
It is further ordered that A. Dleany who is deemed by the Court a fit and proper person who is not of kin to the applicant, nor in any way interested in the result of the application be and he is hereby appointed Guardian adlitum to represent and protect the interest of said minor in the matter of said proceeding, and he have notice of his said appointment.
Drury Dean Decd REPORT OF THE SALE OF REAL ESTATE The est of JANY. 4, 1870
The day came Saml O. Dean the Admin. of said estate and filed his report in writing and under oath setting forth among other things that in the first day of Jany. 1870 between the hours of 12 M and 5 o’clock he proceeded and sold at public outcry at the late residence of the deceased the lands set forth and particularly described in the order and decree of this Court, and that said land was purchased at said sale for the sum of six hundred and twenty eight dollars and twenty cents, and it appearing to the satisfaction of the Court from said report, that said amount so bid for said land was the highest and best bid for the same, that said sum so bid was not greatly less or disproportionate to its real value and that said sale was fairly conducted and concluded, and that the purchase money has been duly paid. It is ordered adjudged and decreed by the Court that said sale be and the same is hereby approved and confirmed by the order and authority of this Court. It is ordered, adjudged and decreed that the said Saml O. Dean as such Administrator as aforesaid be authorized and his hereby ordered to convey by proper deed to said Wm. T. Dean as such purchases all rights title and interest which the said Drury Dean deceased had in such lands at the time of his death.
Drury Dean Decd ACCT FOR FINAL SETTLEMENT The est of JANY. 11, 1870
This day came Saml O. Dean Admin of said estate and filed his account and voucher for a final settlement of his administration. It is therefore ordered that the 5th day of Feby 1870 be set to hear and ___________ said acct.
The Court adjourned
A. W. Jones, Judge
Drury Dean Decd ACCT FOR FINAL SETTLEMENT The est of FEBY. 5, 1870
This being the day set to hear and determine all matters with the accounts heretofore filed, by Saml O. Deen, administrator for said estate, for a final settlement of his said Administration. Now comes the said Saml O. Deen and moves the Court that his said accounts by be passed and allured, as the same has been by him filed as aforesaid and it appearing that due notice of the time set to make such settlement has been given in all respects according to law, and strictly as pursuance of the order of said Court, made and entered in the 4th day of Jany 1870 and A. Dleany who was heretofore appointed to act as guardian adlitem to represent and protect the interest of James D. Deen, a minor concerned in the proceedings and settlement the Court proceeds to hear the matters pertaining to said acct and to consider the evidence submitted into thereto, wherefore, it is shown by sufficient proof that said administrator has received of the assets of said estate the sum of sixteen hundred and fifty five dollars and that he has properly expended the cost and charges necessary and incident to said administration and in the payment of the just debts of said dec’d the sum of two hundred and seventeen 40/100 dollars, leaving in his hands the sum of fourteen hundred and thirty eight 31/100 dollars for distribution among those entitled to the same.
It further appears that said decedent left him surviving his widow Mrs. Matilda Deen, H. V. Sims, the wife of J. A. Sims, William T. Deen, all of full age and James D. Deen, a minor of whom William T. Deen is guardian, all of whom are entitled to share in said estate in equal proportions so that the said final balance of money must be divided into four equal parts, gives to each one the sum of three hundred and fifty nine 57 3/4/100 dollars to be paid to them satisfactorily in the equal shares to which said distributers are entitled.
It is therefore adjudged and decreed by the Court, that the said Matilda Deen, and Wm T. Deen do each have and receive of the said Samuel O. Deen the sum of three hundred and fifty nine 57 /3/4/100 dollars each for which executions may issue.
It is adjudged and decreed that H. V. Sims and J. A. Sims her husband, for the use of the said H. V. Sims do have and receive of the said Samuel O. Deen the said sum of three hundred and fifty nine 57 /3/4/100 dollars for which execution may issue.
It is adjudged and decreed that James D. Deen by his guardian William T. Deen for the use of the said James have and receive of the said Saml. O. Deen the sum of three hundred and fifty nine 57 /3/4/100 dollars for which execution may issue.
It is further ordered that said account together with all papers pertaining to this settlement be recorded.
James D. Deen, a minor APPOINTMENT OF GUARDIAN The est of FEBY. 5, 1870
Upon the application of William T. Deen, it is ordered that he be and he is hereby appointed guardian of the person and estate of James D. Deen a minor heir of Drury Deen decd over fourteen years of age and that be given bond is the sum of seven hundred and fifty dollars. And the said Wm T. Deen having given such bond with S. O. Deen and J. A. Sims as his securities therein, the same is hereby applied. It is ordered that letters of Guardianship issued to him forthwith.
This information was received from Joyce on 19 Sep 2001. Jns3492@aol.com