Lauderdale County, Alabama
Estate of Buckley Hamm
Submitted by Linda Vestal (Courtesy of Orlan Irons)
Petition of Rachael Hamm for Dower
Filed 3rd Octr 1866
Set for 5 Nov 1866
Entrd on Minute Book C Page 561
Dower granted & Entd on Minute Book C Page 594
Recorded in Inventory Book "E" Pages 207 & 208
To the Honl V M Benham Judge of the Probate Court of Lauderdale County Ala
Your Petitioner Rachael Hamm widow of Buckley Hamm decd late of Said county would Show unto your Honor that her husband Buckley Hamm who died in Said county many years ago was at the time of his death Seized and possessed of a large amount of Real Estate in Said county in which your Petitioner is entitled to her Dower which Lands are described as follows, to wit, The W 1/2 of the NW 1/4 of Sec 10 T1 R10 West The E 1/2 of the NW 1/4 of Sec 10 T1 R10 West The NW 1/4 of the SE 1/4 of Sec 10 T1 R10 West Also part of the Aberdeen Tract Commencing on the State line in the Centre of the Butler Creek Road running East with the State line 5 Rod thence South 2 Rod thence West 5 Rod to the Said Road thence North to the beginning Corner at the State line including the Said Hamms House -- Also all of that part of the NE 1/4 of Sec 9 T1 R10 West lying East of Shoal Creek and the W 1/2 of the NW 1/4 of Sec No 3 T1 R10 West -- And that James R Hamm is the administrator of the Said Buckley Hamm Deceased and that the following persons are heirs at law of the Said Buckley Hamm (towit)
The Heirs of B W Hamm decd (who was a Son of Buckley Ham decd) towit, Wm Hamm of lawful age and resides in Wayne County Tenn Eliza McMurtry wife of Wm McMurtry of lawful age & lives in Lauderdale County Ala. Also Thomas J Hamm & Nancy Hamm Minor heirs of Said B W Hamm & live in Said County of Lauderdale Ala and Thos B Hamm & P A Hamm Minor heirs of Wm M Hamm decd who reside in Tishimingo County Missi James R Hamm of lawful age & lives in Lauderdale County Ala Mary A Fisher wife of M M Fisher who lives in Lawrence Tenn. Annie A Olive Martha Olive Frances Olive James Olive & Leander Olive All Minor Heirs of Eliza J Olive (who was a daughter of Buckley Hamm decd and reside in Wayne County Tenn -- Martha Robinson wife of Joseph Robinson who was a daughter of Buckley Hamm of full age & lives in Lauderdale County Ala John R Hamm of Full age and resides in Tippah County Missi Nancy E Reynolds wife of W P Reynolds Elizabeth Reynolds wife of George R Reynolds both of full age and reside in Lauderdale County Ala. M F Hamm Elizabeth Hamm & Mollie Hamm Minor heirs of H. D. Hamm who was a Son of Buckley Hamm all residing in Wayne County, Tenn P E Hamm wife of T J Hamm who resides in Tishimingo County Missi -- and Leander B Hamm of full age & lives in Lauderdale County Ala --
Your Petitioner States that she is in possession of the Lands aforesaid and prays the court to make all the heirs aforesaid parties defendants to this Petition that citations issue to them and publication be made & a Guardian Ad Litem be appointed to represent the interest of all the Minors interested in this application and that a day be Set for the hearing of this Petition and that an order be made to allott the dower asked for in this petition & that commissioners be appointed to allott the Same according to the Statute in Such cases made and provided in the lands of her Said Husband the said Buckley Hamm decd
Jas R Sworn to & Subscribed before me Oct 3rd 1866
V M Benham P Judge } Jas R Hamm Adm [signature]
for Rachel Hamm
Petition to Sell Land
Filed 3rd Octr 1866
Set for 15 Nov 1866
Entd on Minute Book C, Page 561
Decree Ent On Minute C Page 600
Recorded in Inventory Book "E: Pages 224 & 5
State Alabama
Lauderdale Cty
We hereby Certify that we the Jurors Appointed to lay off the dower for Mrs Rachal Hamm have this day layed off and set apart her dower out of the lands of Buckley Hamm decd the following parsels of lot of land, (to Wit) 1 House and Lot Known as the Aberdeen House and Lot also the West 1/2 of North West 1/4 of Section 3 Township 1 Range 10 west the North East 1/4 of North West 1/4 Section 3 Township 1 Range 10 west
This 13th November /66
W. W. Stutts
John McMurtry
James C Myrick
Jas H Simpson
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To the Honl V M Benham Judge of
the Probate Court of Lauderdale County Alabama
Your Petitioner Jas R Ham administrator of the Estate of Buckley Ham late of Said County Decd Respectfully Showeth unto your Honor that his Said intestate died Seized and possessed of the following Real Estate in Said County lying & being and known and designated as follows. The W 1/2 of NW 1/4 of Sec 10 T1 R10 West The E 1/2 of the NW 1/4 of Sec 10 T1 R10 West The NW 1/4 of the SE 1/4 of Sec 10 T1 R10 West also part of the Aberdeen tract commencing on the State line in the Centre of the Butler Creek Road running East with the State line 5 Rod thence South 2 Rod thence West 6 Rod to the Said Road thence North to the beginning Corner at the State line including the Said Hams House also all that part of the NE 1/4 of Sec 9 T1 R10 West lying East of Shoal Creek And the W 1/2 of the NW 1/4 of Sec 3 T1 R10 West
Your Petitioner further Showeth that Said intestate died leaving the following Heirs at Law (to wit) Rachael Ham widow of Buckley Ham Decd -- William Ham of lawful age and resides in Wayne County Tenn. Eliza McMurtrey wife of Wm McMurtry and of Lawful age and resides in Lauderdale County and Thomas J Ham and Nancy Ham Minors all Heirs of B W Ham and reside in Lauderdale County. Thomas B Ham & P A Ham, Minor Heirs of Wm M Ham Decd who reside in Tishimingo County Miss James R Ham of Lawful age & resides in Lauderdale County Alabama. Mary A Fisher wife of M M Fisher who resides in Lawrence County Tennessee Annie A Olive Martha Olive Frances Olive James Olive & Leander Olive all Minor Heirs of Eliza J Olive who was a daughter of Said Buckley Ham Decd, and reside in Wayne County Tenn. Martha Robinson wife of Joseph Robinson of full age and resides in Lauderdale County Alabama. John R Ham of full age & lives in Tippah County Miss -- Nancy E. Reynolds wife of W. P. Reynolds and Elizabeth Reynolds wife of George R Reynolds both of full age and reside in Lauderdale County Alabama. M. F. Ham Elizabeth Ham and Mollie Ham Minor Heirs of H. D. Ham who was a Son of decedent all residing in Wayne County Tennessee P. E. Ham wife of T J Ham & resides in Tishimingo County -- Miss--, and Leander B Ham and Resides in Lauderdale County Alabama
Your Petitioner further Showeth unto your Honor that Said Real Estate can not be fairly equally and beneficially divided amongst Said heirs at law without a Sale there of
Your Petitioner prays your Honor to appoint as Guardian ad litem for Said Minor heirs that all Said heirs at law be made parties defendant to this proceeding. That Notices be issued to them and publication made as required by law that a day be set for hearing the Same and a decree rendered ordering Said lands to be sold for the purpose aforesaid
Sworn to & Subscribed before me
Oct 3rd 1866 Js..R..Hamm
V M Benham P Judge}
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The State of Alabama
Lauderdale County } Probate of said County, Oct 3, 1866
To Any sheriff of the State of Ala, You are hereby Commanded to Notify Eliza McMurtry, Wm McMurtry, James B Hamm Martha Robinson, Joseph Robinson, Nancy E. Reynolds, W P Reynolds, Elizabeth Reynolds, George R Reynolds, And Leander B Hamm, and John A Thompson Guardian ad litem of Thos J Hamm, Nancy Hamm, Thos B Hamm, P A Hamm, Minor heirs of Wm M Hamm. Annie A Olive, Martha Olive, Frances Olive, James Olive and Leander Oliver F M Hamm, Elizabeth Hamm, and Mollie Hamm, All Minors and heirs of the Estate of Buckley Hamm decd, That James R Hamm administrator of the Estate of Buckley Hamm decd, has this day filed his Petition in Court asking the Court to grant an order to sell all the Lands in said County of Lauderdale, And Alledging that said Lands Cannot be equitably and profitably divided Among the heirs of said Estate And asking, an order, to sell the land for a division, And that the Court has set the 15th day of November 1866, to hear and determine said Petition, when and where you may attend, And Contest the same if you think proper--- V M Benham P Judge
Buckley Hamms Est
To } Notice
Eliza McMurtry
Wm McMurtry
James B Hamm
Martha Robinson
Joseph Robinson
Nancy E. Reynolds
Wm P Reynolds
Elizabeth Reynolds
George R Reynolds
Leander B Hamm &
=============
Jno A Thompson
Guardian ad litem of
Thomas J Hamm
Nancy Hamm
Thomas B Hamm
P A Hamm
Annie A Olive
Frances Olive
James Olive
Leander Olive
M F Hamm
Elizabeth Hamm &
Mollie Hamm all
Minors & heirs of Est
of Buckley Hamm
Set for 15 Nov, 1866
Service Acknowledged
Oct 3rd 1866
Jno A Thompson
Guarn Ad Litem
Wm W McMurtrey
E S McMurtrey
Joseph Robertson
M A Robertson
W. P. Reynolds
N. E. Reynolds
George Reynolds [erased]
Elizabeth Reynolds
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[Note: This is a duplicate with minor changes]
The State of Alabama
Lauderdale County } Probate Court of said County Oct 3rd 1866
To Any sheriff of the State of Alabama You are hereby Commanded to Notify Eliza McMurtry, Wm McMurtry, James B Hamm, Martha Robinson, Joseph Robinson, Nancy E. Reynolds, W P Reynolds, Elizabeth Reynolds, Geo R Reynolds, and Leander B Ham, and John A Thompson Guardian ad litem for Thos J Hamm Nancy Hamm, Thos J Ham, & P A Hamm. Annie A Olive, Martha Olive, Frances Olive, James Olive, and Leander Olive, F M Hamm, Elizabeth Hamm and Mollie Hamm Minor heirs of the Estate of Buckley Hamm, decd. That James R Ham for Rachael Hamm this day filed A Petition for dower in all the Lands belonging to the Estate of said Buckley Hamm in Lauderdale County, of which the said Buckley Hamm was seized and possessed at the time of his death. And that the Court has set the 5th day of November 1866 to hear and determine said petition, when and where they may attend and contest said Petition if they think proper.
V M Benham P Judge
Buckley Hams Est
To } Notice} Dower
Eliza McMurtry
Wm McMurtry
James B Hamm
Martha Robinson
Joseph Robinson
Nancy E Reynolds
W P Reynolds
Elizabeth Reynolds
George R Reynolds &
Leander B Hamm &
================
John A Thompson
Guarn Ad litem of
Thos J Hamm
Nancy Hamm
Thos B Hamm
P A Hamm
Annie A Olive
Frances Olive
James Olive
Leander Olive
M F Hamm
Elizabeth Hamm &
Mollie Hamm - All
Minor heirs of Estate
of Buckley Hamm
Decd
===set for ===
Nov 5, 1866
Service Acknowledged
Oct 3rd 1866
Jno A Thompson
Guardian Ad Litem
Wm W McMurtry
E S McMurtry
Joseph Robertson
M A Robertson
W. P. Reynolds
N E. Reynolds
George Reynolds (erased]
Elizabeth Reynolds
Recorded in Inventory Book E page 229
- - - - - -
B Hamms Est
Writ of Dower To Rachael Hamm
Jas C Myrick
John McMurtry
W W Stutts
Jas H Simpson
Entd Book C P 599
Executed this 13th November 1866
Jas H Simpson D L
Recorded in Inventory Book E page 228, 229
Returnable 22 Nov/66
The State of Alabama
Lauderdale County } To The Sheriff of said County, You are hereby Commanded to Summon five discreet persons free holders of said County Not Connected with the parties by blood or marriage and entirely disinterested, who being first duly sworn for that purpose are hereby authorized to fairly equitably and impartially, according their best Judgement alot and set off by Mites and bounds, having regard to the improvements & quality of the lands as well as the quantity of the dower to Rachel [Rebecca - marked through] Hamm Widow of Buckley Hamm late of said County decd, as her Dower, one third part of Certain tracts or parcles [sp] of Land lying in said County and State designated and Known as follows (towit). The W 1/2 of NW 1/4 of sec 10 T1 R10 west. The E 1/2 of NW 1/4 of sec 10 T1 R10 west, The NW 1/4 of SE 1/4 of sec 10 T1 R10 west -- Also part of the Aberdeen Tract, Commencing on the state line, in the Centre of the Butler Creek Road, running East with the state line 5 Rod, thence South 2 Rods thence West 5 Rod, to the said Road thence North to the beginning Corner at the state line, including the said Hamms House -- also all that part of the NE 1/4 of sec 9 T1 R10 west lying East of Shoal Creek, and the W 1/2 of NW 1/4 of sec No 3 T1 R10 west, whereof the said Buckley Hamm was seized and possessed at his death, and after having alotted and set off to the said Rachael [Rebecca - marked through] Hamm her dower in the same, they are required to report their procedings to this Court on the 22nd day of November 1866 when and where you are required to have this precept, with the return of what is done, under and by virture hereof, this 10 Novr 1866
V. M. Benham P Judge
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Buckley Hamms Estate
order Sale Land
Report of Sale Lands
Filed Jany 18th 1867
Entd on Minute Book C Page 647
Recorded in Inventory Book "E" Pages 292 & 293
The State of Alabama
Lauderdale County } Probate Court Novr 20, 1866
To James R Hamm admr of Estate of Buckley, Hamm decd, You are hereby authorized and required to sell the Lands belonging to said Estate on a credit of one and two years by Securing purchase Money, and on the premises, after giving due Notice &c as follows -- The W 1/2 of the NW 1/4 & the E 1/2 of NW 1/4 & the NW 1/4 of the SE 1/4 of sec 10 T1 R10 west, also parts of the Aberdeen Tract Commencing on the State line in the middle of the Butler Creek Road, running East with the State line 5 Rod, thence south 2 Rod, thence West 5 Rod to the said Road thence North to the beginning Corner at the State line, including sd Hams House
Also all that part of the NE 1/4 of sec 9 T1 R10 west, lying East of Shoal Creek, and the W 1/2 of the NW 1/4 of sec 3 T1 R10 west (Except The Widows Dower as follows, "one House & Lot known as the Aberdeen House & Lot also the W 1/2 of the NW 1/4 of sec 3, T1 R10 west, & the NE 1/4 of the NW 1/4 of sec 3 T1 R10 west") for division &c
Witness my hand, V M Benham P Judge
To V M Benham Judge of Probate Court of Lauderdale County Ala --
I would report that in pursuance of the within order I did after giving more than three weeks Notice, Successively, at the door of the Court House and three other public places in said County, sell the within Lands on the premises on the 12 day of Jany 1867 on a credit of 12 & 24 Months (equal amounts, at public outcry to the highest bidder and I, being the highest & best bidder therefor, became the purchaser at Thirteen 25/100 dollars pr acre say 204 acres Amounting to $2703.00 Sworn to & subscribed before me Jany 17, 1867
V M Benham P Judge } Jas R. Hamm Admr