Record Book F
Pages 393 - 423
Abstracted by Milly Wright on Jan. 2007 and submitted for use on these pages Aug. 2007
Note: The book has not been transcribed in its entirety, although each case is included. Spelling follows the original as closely as possible. [In some cases testimonies and proceedings have been summarized. msw]
Lauderdale County Chancery Court Records “F” 1849-52
Thomas Kirkman vs Martha Andrews et als
“By said will (of James Jackson), your petitioner James Kirkman, Sarah Jackson testator’s wife, and Andrew Jackson, one of his sons, are constituted for certain purposes therein named as well as executors generally. The said Andrew refused to qualify as such Executor or to take upon himself any of the trusts conferred upon him by said will, but
all of the others named did qualify, and the said James Kirkman since died, the survivors of those qualifying having by the terms of said will all of the powers granted to all the Executors named. But notwithstanding the said James Kirkman and Sarah Jackson qualified neither of them ever took upon themselves any of the trusts created by said will nor has the said Sarah ever acted as executrix thereof. So that in fact your petitioner is the only acting executor and trustee under said will.”
“By the terms of said will, a large property both real and personal was vested in the trustees aforesaid for certain purposes therein named and expressed and said trustees were directed to ascertain at the close of the year 1837 the aggregate amount of the property which formed the trust estate and divide the same in to ten equal parts for the benefit of the children of said testator to wit, Andrew Jackson, James Jackson, William Jackson, Alexander Jackson, George Jackson, Jane Jackson, Sarah Jackson (now Sarah Polk, having intermarried with one Rufus K Polk who has since died), Martha Andrews, Ellen Hunt, and his grandson James I Kirkman being one tenth to each one named.”
Portions of various heirs described.
P. 395 - All heirs, including grandchildren, named.
Will of James Jackson - Composed on 27 February 1838. Proved on 1 December 1840.
Testimonies of heirs, taken in April and May of 1851.
Martha Andrews’ answer
“The answer of Martha Mitchell, formerly Andrews, to the petition of Thomas Kirkman in said court filed against her, Ellen Hunt, and others. Saving and reserving etc. this respondent for answer to sid petition or to so much thereof as she is advised it is material for her to answer unto answering says. She admits the said Thomas to be the only acting
executor and trustee under the will of her father, that he also has taken upon himself the trusts created by said will for the benefit of her and her two sisters Ellen and Sarah. She admits the decease of her husband Robert Andrews and that he left living the children named in the petition (James, Robert and Sarah) and she admits the marriage of Sarah, the death of her husband as well as the death of Jane Jackson as stated in the petition. She admits that said Thomas purchased the interest of said Andrew Jackson in the trust Estate as by him stated in his petition which she then and now approves of.
She admits the division made by said Kirkman in 1848 and the sale then made by him of her part of the trust estate and so far as she knows or has reasons to believe the acct of said sale as exhibited by him as part of said petition she believes and admits to be true. She admits the impracticability of making an investment in Bank stock as by the will of her father directed and collection of the money so far as the same remains uncollected, of respondent’s part sold, has been delayed at her request after passing upon the account of said Thomas and making suitable compensation she has no objection to his removal and discharged from the trusts as by him prayed in his petition, and as a suitable person to take charge of her interest she recommends _____ of ____. And having fully answered she prays to be hence dismissed etc..
The State of Alabama, Lauderdale County
“Before me Sterling A M Wood Acting Justice of the Peace in and for said county, this day came Martha Mitchell and makes oath that the facts as set forth of her own knowledge in the foregoing answer are true, and those set forth as on the information of others, she believes to be true, and also came William H Mitchell, the Husband of said Martha
Mitchell who on oath states that he is the husband of said Martha, that he hereby makes himself a party to said bill or petition of Thomas Kirkman, and that he adopts the foregoing answer of said Martha Mitchell as his own in all respects, and asks that it may be so considered and held.
Sworn to and subscribed before me this 11th day of April 1852
Signed: Martha Mitchell, William H. Mitchell
“To any sheriff of the state of Alabama. Greeting. You are hereby commanded to summon Abram D Hunt, Ellen Hunt and their minor children, Sarah M Hunt, Kate G Hunt, Mary K Hunt, Ellen Hunt, Elizabeth and Ann Hunt, all whom are minors if to be found in your county...” To appear in court to answer the bill of complaint of Thomas Kirkman
31 March 1851
“You are hereby commanded to summon Martha Andrews and her children James J Andrews, Patterson Bell Andrews, Robert Andrews and Sarah Andrews, all of whom are minors if to be found in your county that they laying aside all excuse personally appear before our next Court of Chancery to be held at Florence in the 28 Chancery District in the
Northern Chancery Division of said state on the second Monday in May next and that they within thirty days after service of this writ answer according to law .....
Issued the 31st day of March 1851
“I acknowledge legal service of this subpoena for myself and my children James J Patterson, B. Robert and Sarah Andrews all of whom are minors under the age of fourteen years and reside with me.
April 8th, 1851 Martha Andrews
Statement of consent of Mary K Hunt taken at Philadelphia, Pennsylvania on 27 April 1852. Neander H Rice appointed as her Guardian Ad litem. - Rice also appointed guardian for Sarah and Kate Hunt, who were in Lauderdale County.
John S Kennedy accepted guardianship of Elizabeth Hunt, Anna Hunt, Ellen Hunt, Sally Polk, Patterson B Andrews, James J Andrews, Robert Andrews, Sarah Andrews, minors under the age of fourteen years and defendants in this cause.
May 3, 1852
Statement of Sarah Jackson 13 May 1851
Admits that the things Thomas Kirkman said in his statement are true, and knows of no reason why Kirkman should not be dismissed from the trust, as he requested.
Orders by Chancellor, E D Towns.
Account of funds to be given by Kirkman.
“I further report that the usual allowance to trustees has been waived by the said trustee Thomas Kirkman, that he is willing desirous that the trust property aforesaid should be chargable with 2 1/2% on the amt of bill, received by him as such trustee instead of on all funds recd by him of all monies paid out so allowed by law in compensation of duties devolving upon trustees and performed by them. I therefore report and state the trustee intitled to 2 1/2% on the amt of bill, recd by him for the sd Martha Andrews (now Mitchell), which amt to the aforesum of $14475.30 - 2 1/2% thereon $361.87 which said sum of 2 1/2% commission is to be deducted out of the sum heretofore ascertained to be in the hands of sd Thos Kirkman on account of said Trust sale.”
Kirkman also received 2 1/2% of funds of Sarah M Polk and Ellen Hunt. (Other funds and trustees described.)
“I further report that the cost of this suit amt to $33.85 ....
J Coffee Simpson, Register
Resignation of Thomas Kirkman, trustee, to be accepted. Abram D Hunt appointed trustee for his wife, Ellen Hunt, upon his entering into bond in the sum of thirty thousand dollars with good resident sureties to be approved by the Register, conditioned for the faithful performance of his duties as such Trustee, and that he hold as such Trustee all the Trust funds devised and bequeathed to said Ellen Hunt by the will of her father, James Jackson .....”
William M Jackson appointed Trustee for Martha Mitchell (formerly Mrs. Andrews) and Sarah Polk - bond of $30,000.00 ...’ Thomas Kirkman, within thirty days of the adjournment of this court to pay and deliver over to the Register of this Court the Bills of Exchange reputed to be held by him as Trustee for said Ellen Hunt, Martha Andrews and Sarah Polk, also the several sums of money respectively reputed to be due by him as Trustee to each of said parties .....
“It is further ordered adjudged and decreed that the said Kirkman pay the costs of this suit as reported by the Register, including the allowance reported as reasonable fees for said Kirkman solicitors and the further sum of one hundred dollars allowed to the Register and Master for taking and reporting the account of said Kirkman as Trustee;
and that said Kirkman reserve the sum so paid by him out of the trust funds in his hands, one third from the funds of said Ellen Hunt, Martha Mitchell and Sarah Polk severally and that he be credited therefor in paying over the trust funds as above directed, and if he fail to pay the same that execution issue therefor.
It is further ordered that said Abram D Hunt and Wm M Jackson report to the next term of this court the funds which annually come to their hands as Trustees under this decree, and that they hereafter report the condition of said funds as may be directed by the court.
E D Townes, Chancellor