PROBATE OF WILLIAM RADFORD (1781-1862)

PERRY COUNTY ALABAMA MINUTES OF THE PROBATE COURT, BOOK K, PGS. 115-117
PROBATE COURT- SEPTEMBER 29, 1863. JOHN C. OAKES AND OTHERS VS. ELISHA RADFORD AND OTHERS. PETITION FOR SALE OF LANDS AND SLAVES FOR DIVISION. (See notes at bottom)

This day came John C. Oaks and his wife Winney (Radford) Oakes (daughter of William Sr.)-- T(hornberry). W. Bolling and his wife Nancy (Radford) Bolling (daughter of William Sr.), George W. Radford (son of William Sr.)and Susan H. Harrison (daughter of William Sr.) widow and relict of George H. Harrison, dec’d , and filed their petition with the Judge of this Court, alleging, among other things, that William Radford Senior, deceased, late of Perry County, Alabama, in his life time and on the second day of March 1859, made a Deed of Gift to your Petitioner(s) and (to) one Elizabeth (Radford) Smith (daughter of William Sr.) wife of John H. Smith, who has died since the making of said deed, giving the petitioners and said Elizabeth H. Smith, all of his lands containing six hundred and thirty acres, more or less, and all his slaves , twenty in number, and all of his stock of horses, mules, cattle, hogs and sheep-- all of his household and kitchen furniture, his cotton on hand, unsold and all his notes and accounts owing to him and his money and all other property-- except the corn, fodder, bacon and other family stores and supplies-- and reserving to himself a life estate and comfortable support out of said property, which said deed is on record as alleged by (the) petitioners in (the) Record Book of Deeds Q, pages ________ in the Probate Office of Perry County Alabama. Petitioners further show to the Court that the said William Radford Senior--afterwards on the 22nd day of October 1860, made another Deed (of Gift) to said Petitioners and (to) his other children, giving all of his property to his children and agreeing that they should divide it according to the laws of descent and distribution of the State of Alabama, reserving to himself a sufficient quantity of his estate for his comfortable support during his life. Petitioners further show unto the Court that a large portion of the property of the Said William Radford, dec’d, was divided out among (the) Petitioners and his other children in accordance with the provisions of this last Deed, reserving for the support of the said William Radford Senior, during his life, six hundred and thirty acres of land, more or less, on which he resides, and the following Negroes: Isaac, a man about fifty years of age-- Cain, a man about forty-three years old-- Hannah, a woman about 70 years of age-- Mariah, a woman about 50 years of age-- Mary, a woman 45 years of age-- and Ellen, a girl about 13 years old.

Petitioners further show the Court that on the ___ day of _____ 1860, the said William Radford, by the proper tribunal, was declared Non Compos Mentis (not of sound mind) and Duke Nall was appointed his Guardian and that on or about the 16th day of February 1861-- the said Nall resigned his office of Guardian and by agreement of the parties, John C. Oaks, one of the petitioners, was appointed the Guardian of the said William Radford Senior, and that the said John C. Oaks continued to act as Guardian of the said William Radford Sr. and manage(d) his affairs up to the time of death, which occurred about the 23rd day of October 1862.

Petitioners further show to the Court that on or about the 16th day of February A.D. 1861, the parties interested in the estate of said William Radford Senior, and to whom he deeded the same, agreed to and with Massie Radford, the wife of said William Radford (Sr.), to pay her the sum of thirty-one hundred and thirty two dollars for her right of Dower, and distributive share in the estate of said William Radford (Sr.), dec’d. and in accordance with said agreement, the said John C. Oaks as Guardian of said William Radford Senior, deceased, has paid off, or nearly paid off, to said Massie Radford, the sum agreed to be paid her for her dower interest and distributive share, in the estate of said William Radford (Sr.), deceased, and has her deed for same. ---Petitioners further show that the said William Radford (Sr.), at the time of making said deed, owned or possessed the following lands, viz, the west-half of the north east quarter of section sixteen, less twenty acres off of the North and of the said quarter section. The south east quarter of the north east quarter of section sixteen (16)-- less ten acres off the south end. The east half of the south west quarter of section sixteen. The west half of the south east quarter of section sixteen. The east half of section twenty-one and the east half of the north west quarter of section twenty-one, all in Township nineteen. (19) and Range nine (9), all lying in the County of Perry and the State of Alabama, and in the District of Lands subject to sale at Cahaba (Federal Land Office)Alabama and containing (six hundred and fifty acres, more or less) and that there are now on hand and hired out by the Guardian, the following Negroes, viz. Isaac, a man about 50 years of age; Cain, a man about 43 years of age; Hannah, a woman about 70 years of age; Mariah, a woman about 50 years of age; Mary, a woman about 45 years of age and Ellen, a girl about 13 years of age. All of the balance of the property not heretofore divided, having been sold by the said John C. Oaks, Guardian as aforesaid and accounted for by him in his settlement with the Court and to be accounted for in his settlement with these parties. --- Petitioners further show unto the Court that the following persons under said deed and the agreement heretofore made between the parties are interested in said lands and slaves, are joint owners thereof, viz: all of said petitioners, and Elisha Radord, son of William Radford over 21 years of age and (who) resides in Lauderdale Co, Mississippi. -- William T. Radford over 21 years of age and (who) resides in the State of Mississippi. -- John W. Radford, son of W(illiam) Radford (Sr.)over 21 years of age and (who) resides in Choctaw Co, Alabama, but is at present in the Army of the Confederate States in the State of Mississippi, all of whom with the said petitioners to get a full share each -- M(ary) A(nn)(Radford) Russell wife of Matthew Russell of Perry County Alabama; George W. Radford of Perry County, Alabama; (who is ) in the Confederate Army; Sarah C. (Radford) Stokes wife of Joseph Stokes of Perry County Alabama, the said Joseph Stokes (being) absent in the (CSA) Army in Vicksburg; Nancy B. (Radford) Lucas wife of L.R. Lucas of Perry County, Alabama, (who is) in the Confederate States Army; Eli B. Radford (who) when last heard from was in California; William B. Radford of Lauderdale Co, Mississippi, in the Confederate States Army; Susan A. McMahon wife of M.L. McMahon of Lauderdale County, Mississippi; and Levi Radford of Perry County, Alabama, (who is) in the Confederate Service in Mississippi; All of whom are over the age of twenty-one years, except William B. Radford (who is) about twenty years of age, and are the children of Reuben Radford (dec’d), who was a son of William Radford (Sr.). -- Jesse H. Smith over 21 years of age, William R. Smith over 21 years of age, both of whom reside in the State of Mississippi; Polly Anne (Smith) Mayfield wife of George W. Mayfield of the State of Mississippi, who is dead, leaving three (children), the names of whom are unknown to (the) Petitioners; -- Martha (Smith) Myers wife of _________ Myers of the State of Arkansas; Reuben Smith, John Smith, Nancy C. Smith, Susan Smith, B.F. Smith, George Smith, Jane Hodges wife of ________ Hodges, Francis Smith and Zachariah T. Smith of the State of Arkansas, all of whom over 21 years of age except the two last -- who are over 14 years of age and under 21 years of age; and the children of Polly Anne Mayfield are under 21 years of age ___ and with the exception of the three last named, the children of Elizabeth Smith (dec’d), who was the daughter of William Radford Senior, dec’d; -- William C. Harbor over 21 years of age (who) lives in the State of Mississippi; E.T. Harbor over 21 years of age (of) Perry County Alabama, but (is) absent in the (CSA) Army; -- Barhala A. (Harbor) Griffin wife of John W. Griffin of Perry County, Alabama, (who is) in the Confederate Army; and Nancy J. (Harbor) Fuller wife of John M. Fuller of Perry County, Alabama, but said Jno. M. Fuller is absent in the Confederate Army, all of whom are over 21 years of age and are the children of Tempe(rance) Harbor (dec’d), who was a daughter of William Radford Senior. Petitioners further report that the said property cannot be equitably partitioned or divided or distributed to those entitled to share in it, without a sale of the same, and that it would be to the interest of all the parties to sell the said property for partition, division and distribution.

Petitioners therefore pray the Court to decree the said property to be sold and to make and issue all such orders as may be necessary to effect the sale thereof for the purpose of such division.

It is ordered by the Court that the Court that the matter of the said petition be set for hearing on the second Monday in November 1863.

This record was typed from a copy of the original by Rod Bush, 5892 Karen Ave, Cypress, CA 90630-3312. All items in parentheses are additions from the typist. Any underlined words could not be read and are thus blank or the best guess of the typist. - Rod Bush rodbush@earthlink.net

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