Pages 394-397

Editha TIMS, Deceased, Estate of  )               Filed Nov 3rd, 1877
Petition For an Order to Sell     )
Land For Division                 )

The State of Alabama )      
Choctaw County       )     In Probate Court of said county, to B. H. WARREN, Judge

of said Court; L. J. MOONEY, Administrator of the estate of Editha TIMS, deceased, respectfully represents to Your Honor, that the lands belonging to the estate of the said decedent are the following to wit: E 1/2 of NW 1/4 and the W 1/2 of the NE 1/4 Sec. 19, T14, R4 West, containing 151 acres & 16 rods, lying in said county & state, that the heirs and distributees of said Editha TIMS, dec'd, are the following to wit: John TIMS, Nancy TIMS, Editha SMITH, a widowed daughter of deceased, Sarah A. TIMS & Martha K. TIMS, all of full age, of sound mind, and reside in this county, Sarah COKER, a widowed daughter of deceased, of full age & resides in Hinds County, Mississippi, of sound mind, Rebecca FELTS, a widowed daughter of dec'd, of full age & sound mind, & resides in Clarke County, Mississippi, Mary A. EUBANKS, of full age and resides in Newton County, Mississippi, Susan R. BYERS, of full age & resides in the State of Mississippi, and Thomas TIMS, Virginia TIMS, Beauregard TIMS, minors over the age of 14 years & reside in Choctaw Co., Ala, Benjamin TIMS, Newton TIMS, Joseph TIMS, & Charlotte TIMS, minors over the age of 14 years and reside in Clarke County, Mississippi; that said lands cannot be equitably divided among said heirs and distributees, wherefore your petitioner prays that he be authorized to sell said lands for cash, for the purpose of making a division of said estate among said heirs & distributees, according to the statute for such cases made; and that such proceedings, orders, and decrees may be made & had, in the premises as may be sufficient to effect such sale, for said purposes, according to law, and as in duty bound & c.

Subscribed and sworn to before                 )
me, this the 3rd day of November               )                 L. J. MOONEY
A. D. 1877    B. H. WARREN, Judge of Probate   )                  Administrator
           Recorded December 20th 1877
                B. H. WARREN, Judge of Probate

I accept the appointment of guardian ad litum to represent the minors Thomas TIMS, Virginia TIMS, Beauregard TIMS, Benjamin TIMS, Newton TIMS, Joseph TIMS and Charlotte TIMS, in the above application to sell land and hereby deny each and every allegation contained in the above application and demand strict proof of the same. Butler, Alabama, Decr 1st 1877.................Oliver C. ULMER

                         Recorded December 20th 1877
                            B. H. WARREN, Judge of Probate 

Editha TIMS, deceased, estate of           )
Interrogatories, Commission & Answers & c. )               Filed December 1st 1877

Editha TIMS, deceased )    In Probate Court of Choctaw Co., Ala. Interrogatories 
Matters of Estate     )   to be propounded to Wiley ALLEN and W. H. ATKINSON

the answers to which when taken are to be used in evidence before said court on the hearing of and behalf of an application made by L. J. MOONEY, Admr of said estate, to sell lands belonging to said estate.
Int 1st Are you or either of you acquainted with the following described lands belonging to said estate, E 1/2 of NW 1/4 and the W 1/2 of NE 1/4 of Section Nineteen, Township 14, Range 4 West, containing 151 acres and 16 rods.
Int 2nd Are you or either of you acquainted with the heirs or distributees of said estate; if so, state their names, all who are of age, and all who are under 21 years of age, and if married women, and to whom married and if any are of unsound mind, and are they alone the only heirs of said estate. Also, give their residences.
Int 3rd Can a fair and equitable division of said land be made among said heirs without a sale thereof.
4th State anything else in behalf of this application that either of you may know. Wm. M. ALLEN is suggested as a suitable person to be appointed commissioner to take their depositions. December 1st 1877

                                              L. J. MOONEY, Administrator

Cross Interrogatories to the above matter & c.
1st In your answer to Int 3rd, state fully the condition of the land and if you answer that an equitable division of this land cannot be made, give your reasons why.
2nd State anything you may know of any benefit to the minors of the estate.

                                        O. C. ULMER
                                        Guardian ad litum for
Thos. TIMS, Virginia TIMS, Beauregard TIMS, Benjamin TIMS, 
Newton TIMS, Joseph TIMS, & Charlotte TIMS, minors

The State of Alabama - Choctaw County
                       Probate Court
Editha TIMS, deceased                )
In matter of application of          )
L. J. MOONEY, Admr of said estate    )          To Wm. M. ALLEN, Esqr. 
for an order to sell land belonging  )          Greeting:    Know ye 
to said estate for distribution      )          that we in confidence of

your prudence and fidelity, have appointed you, and by these presents do give you full power and authority to take the depositions of Wiley ALLEN and W. H. ATKINSON, witness on the part of L. J. MOONEY, Admr, in a cause pending in our said Court, wherein L. J. MOONEY, Admr of the estate of Editha TIMS, deceased, has applied for an order of this court to sell the lands belonging to said estate for the purpose of division among the heirs and distributees of said estate upon the ground that the said lands cannot be equitably divided among the said heirs & distributees and therefore we command you, that at such time and place, or times and places, as you may appoint, you do cause the said Wiley ALLEN and W. H. ATKINSON, to come before you, and then and there examine them on oath, on the interrogatories and cross interrogatories annexed, and that you do take such examination, and reduce the same into writing and return the same annexed to this writ, closed up under your seal, into our said Probate Court, with all convenient speed, that the same may be read in evidence on the trial of the cause aforesaid, witness, B. H. WARREN, Judge of our said Court at office, this 1st day of December A. D. 1877. Attest: B. H. WARREN, Judge of Probate

Personally appeared before me and made the following answers to interrogatories herein contained on oath the said Wiley ALLEN and W. H. ATKINSON this Decr 8th 1877
Answer to Int 1st - We are acquainted with described lands.
Answer to Int 2nd - We are; John TIMS, Sr., Edathy(sic?) SMITH, Nancy TIMS, Sarah Ann TIMS, Martha K. TIMS, all of Choctaw Co., Ala, Sarah COKER of Hines (sic) Co., Miss, Rebecca FELTS of Clarke Co., Miss, Charlotte EUBANKS of Newton Co., Miss, Susan BYERS of Mayhew, Miss, minor heirs - Thomas TIMS, Virginia TIMS, Beauregard, Benjamin TIMS, Newton TIMS, Joseph TIMS, Charlotte TIMS, married women, Sarah COKER, wife of John COKER, dec'd, Rebecca FELTS, wife of James FELTS, dec'd, Edathy SMITH, wife of Neal SMITH, dec'd, Susan BYERS, wife of Joseph BYERS, all of sound mind.
Answer to Int 3 - The said lands cannot be divided.
Cross Int 1st - It could not be divided amond the heirs; there is a small quantity of land, and such a large number of heirs, and the land being badly worn and but little timbered land and but one sentement?

                                                                W. H. ATKINSON
                                                                Wiley ALLEN

Sworn to and subscribed to before me at W. ALLEN & Son store, Choctaw Co., Ala, on the day and mentioned, and I am neither kin nor counsel, nor interested in the result of the proceeding.

                                                        W. M. ALLEN, Commissioner
          Recorded December 20th 1877
                B. H. WARREN, Judge of Probate