Probate Court Record of John Clark

Submitted by Ingrid Marshall

Petition Commissioners to set Apart Real and Personal Property

The State of Alabama} Probate Court Special Term March 1900

Bibb County}
In the mater of Estate of John Clark deceased.  To the Hon. W.L. Pratt Judge of Probate of said County:
    
Your petitioner, Many Clark widow of John Clark respectfully represents that John Clark then being a resident of Bibb County, State of Alabama, departed this life on or about the 5th day of January 1900, leaving surviving him Petitioner Mandy Clark who is his widow and residing in Bibb Co., Ala and more than twenty one years of age Margaret Clark and Molona Clark daughters of John Clark who are under the age of twenty one years and resides with petitioner in Bibb County, Ala and are unmarried and the following children who are adults viz: Lida Duff wife of Charley Duff and resides in Jefferson County (Ala; Sarah Ann Clark wife of Lum Clark & resides in Bibb Co.(Ala; Foeba Jackson wife of Thomas Jackson & resides in Bibb Co. Ala; Mandy Clark unmarried & lives in Bibb Co. Ala & Arthur Clark who resides in Bibb Co., Ala.

That at the time of the death of said decedent he owned in this state real and personal property not exceeding the amount exempted to widow and minor children as provided under the laws of this state.  Sixty days have elapsed since the death of said decedent, and there has been no administration on his estate.
     The premises considered, your petitioner prays that your honor appoint two Commissioners, who shall be citizens of good standing in said County, requiring them to make a complete Inventory and Appraisement of all real and personal property of decedent exempt to widow and minor children, or other (scratched through), as provided by the law of this State; to set apart to the widow and minor children of said decedent all the real and personal property so exempted under the provisions of law to them; to value such property as may be encumbered by lien or otherwise existing at the death of said decedent, only at the excess of the value over and above the sum of the lien and encumbrance thereon. Your petitioner further prays that your Honor may make all further orders and decrees in the premises as may be necessary and proper to set apart the property of decedent to the widow and minor children, exempt from administration. 

Sworn to and subscribed before me this,}
14th day of March 189_ (scratched through) 1900} Mandy X Clark
                                                      her mark

W W Lavender

Notary Public Tax Officer
Justice of the Peace

Of Bibb County, Alabama

Ex Parts}             In the Probate Court of the Bibb County Alabama.
Mandy Clark}   

This day came Mandy Clark and filed an application in writing, and under oath, setting forth among other things that John Clark departed this life on or about the 5th day of January 1900, and that the time of his death he wasxxxx a resident citizen of Bibb County Alabama, and left surviving him petitioner, said Mandy Clark, his widow and the following minor children viz; Margaret Clark and Malona Clark, and that at the time of his death the said John Clark owned in this State real and personal property not exceeding the amount exempted to widows and minor children, as provided under the laws of this State, and that sixty days have elapsed since the death of said John Clark, and there has been no administration on his estate, and praying that two commissioners be appointed by this Court to make a complete inventory and appraisement of all the real and personal property exempt of said decedent’s to widow and minor children, as provided by the laws of this State, and to set apart to the widow and minor children of said John Clark, all the real and personal property as may be incumbred by lien or otherwise, at the death of said decedent at the excess of the value over and above the sum of such lien or incumbrance, thereon, And it appearing that the facts stated in said adjudged and decras that said petition be and the same us hereby granted.  A.J. Harden and Wallace Mason who are considered by the Court competent persons, and citizens of good standing in the County be and the same are hereby appointed as commissioners in accordance with the prayer of said petitioner. It is further ordered that said commissioners make return to this Court, verified by oath, a full and complete inventory and appraisement of the real and personal property of the said John Clark, describing said property and stating the value of each item or parcel thereof, and the amount of any lien or incumbrance thereon, if known, and the value of the property over and above such lien or incumbrances thereon, created before the death of decedent, as required by law, and let this order be recorded.  This 16th, day of March 1900.

                                           (signed) W L Pratt
                                           Judge of Probate of Bibb County Ala.

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