Mark Franklin's Will


Page 204

Last Will and Testament of Mark Franklin Filed 4th
of November 1870
State of Alabama, Butler County
In the name of God, Amen
For and in consideration of the fact that I am old and
will soon pass away and for and in consideration of
the family love for my legal wife and children. Being
yet in my sound mind, I make this my last will and
testament. I give and bequeath to my legal wife
during her natural life one quarter section of land
known and described as follows: The Southwest ¼ of
the southwest ¼ of section 1 ; and the southeast ¼ of
the southeast ¼ section 2; and the Northeast ¼ of the
Northeast ¼ of section 11 ; and the northwest ¼ of the
Northwest ¼ of section…All lying in Township 8 and R
12 containing two hundred acres more or less. I do
also bequeath unto her all the household kitchen
furniture and also the personal crop corn, cotton, and
potatoes, and all stock of all kinds, horses, cattle,
sheep and hogs, all to have and hold during her
lifetime.

Provided she remain unmarried until that time and
after her death all that remains of the above
mentioned property is to be equally divided between
all of the children with no exception and the
remainder of my land if the children think best be
sold and equally divided between them and if not sold
off and divided for some of them to pay the taxes till
the division of the above lands given to my wife.

In testimony whereof, I hear signed sworn and
delivered the provenance of those.

Witness Bartillar Burkett
Twiggs Franklin
Alabama
Butler County
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Estate of Mark Franklin

In matter of probate of will

This day came Twiggs Franklin a citizen of Butler in
the state of Alabama and presented to the court a
paper writing of the last will and testament of Mark
Franklin deceased, late resident of the county of
Butler in Alabama. And it is ordered that the second
day of December 1873, be set for the hearing and from
a statement made it appears to the court that the
deceased left to his next of kin , the following named
persons to wit; Nancy Franklin widow of the deceased,
and the following children: Catherine Burkett, wife
of E. Burkett, Edmon Franklin, Mary Burkett, Relia
Burkett wife of Elias Burkett, Fernetia Burkett wife
of Bartillo Burkett, Adela Riley wife of William
Riley, and the heirs at law of Kiziah Burkett
deceased: Viney Waller wife of John Waller, residing
in the state of Texas, Netty Ann Burkett aged 18
years, Frances Burkett fourteen years, and Moses
Burkett aged ten years, all said heirs of full age and
reside in Butler county except the last three named
who are minors and Viney Waller residing in Texas
and the heir at law of Morris Franklin, to wit Stephen
Franklin ….. just stops.


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Before me H.W. Watson Judge of probate of said county
comes Bartillar Burkett. To me well known who on his
oath says that he was present and saw Mark Franklin
whose name appears signed to the foregoing paper
writing sign and seal the same as and for his last
will and testament that at the time of signing said
paper writing he the said Franklin was of a sound mind
and memory. That he signed said paper writing as a
witness in the presence of and at the request of the
said Franklin and in the presence of Twiggs Franklin
who also subscribed his name as a witness think and in
the presence of each other on the day and year the
same has date.

B. Burkett
Sworn to and subscribed this second day of December
1873

H.W. Watson
J.P. Butler
This paper writing admitted to probate and established
the last will and testament of Mark Franklin deceased
as recorded in book of wills no 2???? ON PAGES 204,
205, AND 206
2ND day of December 1873

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404 page 1

Estate of Mark Franklin deceased

Order admitting will to probate

The cause of the application of Twiggs Franklin a
citizen of Butler County for the probate of a paper
writing purporting to be the last will and testament
of Mark Franklin deceased late of the County of Butler
and the state of Alabama coming on for a hearing and
if appearing to the court that notice of the
application and the day set for hearing has been given
by publication for the succession…..In the South
Alabamian a newspaper publication in the County of
Butler Alabama notifying John Waller and wife Viney
Waller who are of full age and residing in he state of
Texas to be and appears a court of probate to be held
for Butler County Alabama on the 2nd day of December
1873 to show cause against said probate, and the
citation to the next of kin citing them to appear this
day to show cause (all of whom are resident in the
state having been retained into court since accepted
except as to E. Burkett and Catherine Burkett as to
whom citation has been sent by James H. Perdue Sheriff
of Butler County ten days before the day of hearing,
and the semci as to the others being present in the
open court and it appearing to the court that the
deceased Mark Franklin was a resident citizen of the
county of Butler Alabama of full age and B. Burkett
one of the subscribing witnesses to said paper writing
a credible person of full age and a citizen of Butler
county coming unto open court and being duly sworn do
depose and say that he was present and saw Mark
Franklin whose name appears signed to said paper
writing sign in and seal the same as and for his last
will and testament that he the said Franklin at the
time of signing said paper writing was of a sound
disposing mind memory and unclear standing that he the
afore a sign and sealed paper for the last will and
testament that he the said Franklin at the time of
signing said paper writing was of a sound
dispossessing mind memory and unclear standing that
the said offiant sign and said paper writing as a
witness in the presence of and at the request of the
testator and in the person of Twiggs Franklin the
other subscribing witness and in the person of each
other on the day the sworn ????. It is therefore
ordered and judged and decreed by the court that said
paper writing be and the sworn is hereby admitted to
probate and established as and for the last will and
testament of the said Mark Franklin deceased and
ordered that the sworn be recorded and filed.

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Estate of Mark Franklin

Twiggs Franklin, a citizen of Butler County of full
age and applied for letters of administration with the
will annexed on the estate of Mark Franklin deceased
late of said county, and he having entered late bond
in the sum of five hundred dollars continued as the
law directs with Bartillar Burkett and Edmond Franklin
as his securities which is approved and order to be
recorded and filed. It is therefore ordered adjudged
and decreed by the court that letters of
Administration with the will annexed of Mark Franklin
deceased issued to him which is done and ordered that
the said administrator return an inventory of said
estate to this court within Sixty days and ordered
that t warrant of appraisement issue to John A. Bryan,
J.W. Eubanks and Joseph Weanly? To appraise said
estate and that they impart the same to this court in
sixty days.


Estate of Mark Franklin deceased
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Petition for Dower

This day being the 10th day of December 1873 came
Nancy Franklin widow of Mark Franklin deceased and
filed her dissent in writing of the last will and
testament of her deceased husband Mark Franklin
deceased as aforesaid and elects in the place of the
provision made for her by such will to take her dower
in the lands of her deceased husband and such portion
of the personal estate as she would have been entitled
to in case of intestacy which is attested by two
witnesses and is ordered of record in this court..


108 page 1

…..Of Mark Franklin Deceased

Bond .00 filed December 10, 1873

The state of Alabama Butler County

Know all men by these present that in Twiggs Franklin
and Bartillar Burkett and E. Franklin of the County
and state aforesaid and held and firmly bound unto
H.W. Watson Judge of the County of Probate for said
……. And his successions in office for the final sum of
five hundred dollars for which payment well and truly
to be and done m find ourselves our heirs executors
and administrator
Attests justify and …………firmly by these present.
Stated with our seals and dated this 10th day of
December 1873.
The conditions of the above obligation is such that
whereas the above bound Twiggs Franklin has been
appointed administrator of the estate of Mark Franklin
deceased with the will how if the said Twiggs
Franklin shall well and truly perform all the duties
which one as may be by law with required of him as
such administration then the aforesaid obligation to
heirs……..To remain in full force
Taken approved and ordained to be needed H.W. Watson
judge of Probate
Twiggs Franklin
Bartillar Burkett
Edmund Franklin

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Estate of Mark Franklin Deceased

Bond .00 Filed 10th day of December 1873
The state of Alabama Butler County. Know all men by
these present that we Twiggs Franklin and Bartillar
Burkett and E. Franklin of the county and state
aforesaid an held over and firmly found unto H. W.
Watson and Judge of the Court of Probate for said
linenty? And his successions in office in the final
sum of five hundred dollars for which payment will and
truly to be made and done we bind ourselves, our
heirs, executors and administrators, verify and
severally firmly by these present signed with our
seals, and dated this 10th day of December 1873.
********************************************************************************
The conditions of the above obligation is such that
whereas the above bound Twiggs Franklin has been
appointed administrator of the estate of Mark Franklin
deceased with he will annexed now if the said Twiggs
Franklin shall well and truly perform all the duties
which an is may be by law required of him as such
administrator then the above obligation to heirs and
otherwise to remain in full force. Taken approved,
and ordered to be mended. H.W. Watson, Judge of
Probate

Twiggs Franklin
Bartillar Burkett
Edmun Franklin
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Estate of Mark Franklin decease

The dissent of widow to the will
The state of Alabama
Butler County

To H.W. Watson Judge of Probate for Butler County
Alabama. Nancy Franklin Widow of Mark Franklin
deceased late of the county and state aforesaid most
respectfully represents unto your honor that her
deceased husband mark Franklin died testate
September1873 having made his last will and testament,
which last will and testament has been admitted to
probate and established as the last will and testament
of the said Mark Franklin deceased by the probate
court of Butler County Alabama. That she is
dissatisfied with the provisions made for her by her
said husband the said Mark Franklin in his said last
will and testament and hereby files dissent then to
and prays that in the place of the provision Made for
her in said last will and testament that she will take
her dower in the lands and of the personal estates
such part and portion thereof as she would have been
entitled in case of intestacy in the estate deceased
his bond witness by my hand this 15th day of December
1873.

Nancy Franklin

Witness
Philip Burkett
J.W. Morrison??? Or Morrow
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Estate of Mark Franklin deceased
Petition to sell perishable property
The state of Alabama
Butler County
Probate Court
To Honorable H.W. Watson
Judge of Probate for Said County

Twiggs Franklin administrator of the estate with the
will annexed of Mark Franklin deceased, respectfully
represents unto your honor that the following personal
property belonging to the estate of the said deceased
to wit one sow and pigs, and three goats, 5 head of
cattle team of four oxen, lot? Of sheep 1 mule, 1 log
chain, lot of farming utensils, 2 saddles, 1 lot pine
boards, 8 bedsteads, and one lot of? one ??? One lot
of crockery, one pair of fire dogs, half interest in a
cross cut saw, carpenters tools, 3 shovels, one lot of
old iron, one vice, and grind stone, 1 scythe and
stock, shoe making tools, 2 camp? / Box and shaving
implements, nine chairs, one spinning wheel, and one
cast syrup mill is of a perishable nature and liable
to waste. In this that it is perishable in its nature
and character and that a sale of said property would
therefore be beneficial to said estate wherefore your
petitioner prays that your Honor will in accordance
with statute for such case, made and provided????Grant
ant order for the sale of said property early a day as
the law will permit, and at a place and at such a time
as it may please your honor to direct.
Rest not there cant read last line
Sworn to and subscribed this twentieth day of December
1873.
H.W Watson
Judge of Probate,
Twiggs Franklin
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Estate of Mark Franklin Deceased

A list of sale of Property sold 5th day of January
1874 for cash
Mrs. Nancy Franklin
Shoe tools, $1.00 , Lner? 1.60, Shaving tools 1.60,
bread and pitcher, gallon box, 20cents, safe .20,
grist mill sacks, lot of …single trees and chair, 40
cents digging plow .95, mule .00, saddle, tin
safe .40 wagon, .20 clock .55, five chairs
$1.75, cash syrup mill.

The other set apart to the widow

Twiggs Franklin
1 lot of sugars, 75cents, old irons, 50cents each,
scythe 75cents anvil 10.75, spinning wheel 65cents lot
of 3 foot boards .00

Edmond Franklin
6 chairs .50 log chain $1.45, log planks $1.00,
knives and forks 50 cents …wedge 65cents, …$1.75

William Riley sow and 5 pigs .50 yokes oxen .00

J.R. Coleman
1 cow and calf .50 1 lot 75cents

William Y.Hughes
2 heifer yearlings .00

John A. Bryan
Scrap hook and draw knife $1.35 rasp 65cents, one
shovel 40 cents, lot of flour $1.50

J…. D. Stinson
13 head of sheep.00 saddle 13.0 chisels 70 cents;
hand saw $1.60 …80 cents

R.L. Black
1 lot of plunder 50cents, bed stead $1.55,
Bartillar Burkett
1 large pot, .00m lot of plows stocks 1.00



107 page 1

Prays that the sums may be corrected in said report of
sale to …in accordance with this report-said sale
having been fairly conducted in all things and full
payments having been made the purchasers for the lands
purchased by them respectively as herein stated. He
now prays that he may be authorized by an ordain of
your honorable court to convey titles to each of said
purchasers for the lands purchased by them
respectively and your petition will even pray and ……

Sworn to and subscribed before me November 12, 1874
Twigg Franklin
J.L. Powell Judge of Probate.

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The State of Alabama
Butler County
To: Honorable J.L. Powell Judge of the Court of
:Probate for said county

Your petitioner Nancy Franklin respectfully
witnesses? unto your honor that she is the widow and
relict of Mark Franklin late of said county deceased:
that said deceased departed this life about the ninth
day of September 1873 the he made his last will and
testament by which he did not provide for your
petitioner as amply as the law provides for her and
your petitioner filed her descent in the Probate Court
of Said County on the 10th day of December 1873
dissenting from the provisions of the said last will
and testament of said deceased and electing to take
the provisions made for under the law and your
petitioner further represents unto your honor that
said deceased died seized? And possessed of the
following to which she had never realized ??
furnished? Her. Dower to wit…. The northeast ¼ of
the northeast ¼ section 11 and the southeast ¼ of the
southeast section 2 less five acres which had been
previously disposed of to Bartilla Burkett in the last
described forty acres also the West ½ of the Southwest
¼ of the Southeast ¼ of the Southwest ¼ and Southwest
¼ , Southeast ¼ section 1 and Northwest ¼ of Northwest
¼ Section 12 and Southwest ¼ of Southeast ¼ section
all in Township 8 Range 12. Lying and being in the
county and state aforesaid and containing 315 acres
more or less that said deceased left surviving heir
the following named heirs and descendents your
petitioner Nancy Franklin widow and relict of age,
also the following named children to wit: Edmond
Franklin, Twiggs, Franklin, ,Catherine Burkett wife of
Evan Burkett, Mary Burkett, widow of Henry Burkett,
Rilea Burkett wife of Elias Burkett, Fernettia Burkett
wife of Bartilla Burkett, Adella Riley wife of W.C.
Riley all of whom are of full age and reside in the
county of Butler and state aforesaid, and Hugh, Viney,
Nelly Ann, Moses, and Frances Burkett children of
Kiziah Burkett deceased all of whom are minors except
Hugh Burkett who is of full age and resides in Butler
County Alabama. The other four minors reside in
Monroe County Alabama. And Stephen Franklin child of
Morris Franklin deceased of full age and resides in
Monroe County Alabama. That Edmond Franklin Twiggs
Franklin and Bartilla Burkett are the executors of the
last will and testament of said deceased. That the
estate of said deceased is unencumbered and clear of
debt your petitioner therefore prays that the property
of said Estate which is not the subject of
administration shall be set apart to her under the
Statute laws of the State of Alabama, that her dower
interest or the proceeds thereof a portion of which
has been sold in the real estate be set apart to her
by meets and bonds, that a day be set apart to hear
and determined upon this application that a Guardian
at Letters be appointed for said minors and that such
other and all other proceedings may be had herein as
shall be necessary and proper so as to have your
petitioners dower interest in said lands set apart to
her. And your petitioner will ever pray and c

Sworn to and subscribed before me January 4, 1876.
J.L. Powell
Judge of Probate
Nancy Franklin

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Sworn to and executed before me the sixteenth day of
November 1876

John W. Tipton being sworn to speak he truth and
nothing but the truth doth depose and say the
following:

1st to the first Interrogatory he saith I know Edmon
Franklin Twiggs Franklin, Delia Riley, Polly Burkett,
Nett Burkett Relia Burkett, Hugh Burkett, son of
Kiziah Burkett deceased, Stephen Franklin, son of
Morris Franklin deceased, Catherine Burkett, Catherine
Burkett now twenty one years of age? Delia married to
W. C. Riley, Polly married to Henry Burkett, Nett
Burkett married to Bartilla Burkett, Relia Burkett
married to Elias Burkett, Catherine Burkett married to
Irvin Burkett. None of the un……. ………. Edmond
Franklin, Twiggs Franklin Polly Burkett, Nett Burkett,
Relia Burkett, Hugh Burkett, Catherine Burkett reside
in Butler County. Delia Riley resides in Louisiana.
Stephen Franklin, residence not known. They and they
alone are the heirs and distribution and for said to
the second Interrogatory he said I know the lands
belonging to the estate of Mark Franklin deceased To
the third interrogatory he saith said lands cannot be
fairly and reasonably divided without a sale thereof.
I reside within one and a half miles of said lands
have known said lands for the last ten years. Cash
value 75 cents per acre credit of timeline months 1.00
per acre. To the fourth interrogatory. I have stated
all that I know sworn to and ascribed before me this
sixteenth day of November 1876.

Coleman O. Gwynn

He Commissioner in said commission named as hereby
certifies that the evidence of the witnesses 111th
????/ John C. Stinson John W. Tipton was taken down
under the oath and subscribes my presence after being
read over to them on the 16th day of November 1876 at
Georgiana in the county of Butler and state of Alabama
and that I have personal knowledge of said witnesses
and that I am no kin or connection to any of the
parties interested in said action
Coleman O. Gwynn




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Page number 6 page 1

The state of Alabama Butler County
Court of Probate for Said County

In the Probate Court of said county to the Honorable
J.L. O. Powell Judge of the Court of Probate for said
County

Twiggs Franklin administration with the will annexed
on the estate of Mark Franklin late of said county
deceased, respectfully represents unto your honor at
on the 18th day of December 1876
He as such administration sold the real estate
belonging to the estate of said deceased, and that at
said sale Bartilla Burkett became the purchaser of the
SW ¼ of SW ¼ Section 1 and NW ¼ of North West 1/4
Section 12 all in Township 8 Range 12 at 26 Cents per
acre amounting to .80 with interest from date and
at said sale John Hudson became the purchaser of the
SW ¼ of SE ¼ and SE ¼ of the SW ¼ section one Township
8 Range 12 at 31 cents per acre amounting to twenty
four and 80cents and no dollars that each of them have
made full and complete payment for the lands purchased
by them respective twelve months interest added
thereto at the prices stated. That the report of the
sale was incorrectly stated but that the purpose and
right numbers of the land purchased by each of them
are correctly stated herein, and your administration
…….

Estate of Mark Franklin Deceased

The state of Alabama
Butler County

In the Probate court of said county to Honorable Judge
of Probate of said county

The undersigned administrator of the estate of Mark
Franklin Respectfully represents unto your Honor that
on the day of 1876 he obtained an order and decree of
your Honors Court as such administrator to sell the
following described real estate belonging to the
estate of said deceased to wit: The Southwest ¼ of the
Southeast ¼ and the Southeast ¼ of the Southwest ¼ and
the Southwest ¼ of the Southwest ¼ all in section one
and the Northwest quarter of the Northwest section
twelve all in Township eight Range 12 containing
160acres more or less. That on the 18th day of
December 1876, he sold the same on the premises of the
deceased between the hours of 12 o'clock PM and 4
o'clock PM on a credit of twelve months with interest
from the day of sale after having given more than
three weeks notice of the terms, time and place of
sale. Together with a description of the property in
the Greenville Advocate a newspaper published in
Greenville in the county and state aforesaid that at
said sale Bartilla Burkett purchaser of the Southwest
¼ of the Southwest ¼ Section 1 and the Northwest ¼ of
the Northwest ¼ section 12 all in Township 8 Range 12
containing 80 acres more at 26 cents per acre
amounting to twenty dollars and that at said sale John
Hudson became the purchaser of the Southwest 1/4 of
the Southeast ¼ and the Southeast ¼ of Southwest ¼
Section 1 Township 8 range 12 containing 80 acres more
or less for the sum of thirty one cents per acre
amount to Twenty four and 80 /100ths dollars that said
was fairly conducted and concluded and that said lands
sold for a price not greatly less or disproportionate
to their real value. That the purchasers above
mentioned have complied with the terms of said sale
your petitioner therefore in consideration of the
promises aforesaid prays your honor to confirm said
sale in all things and our petitioner will ever pray
and your petition further prays that this report may
be ever on file in your honors office that if any of
the parties in interest wish to contest the sale they
may do so on or before the expiration of thirty days
from this date this January 29th 1877.

Given and subscribed before me January 29th 1877
J.L. Powell
Judge of Probate

Twiggs Franklin

Twiggs Franklin administrator in account current with
the Estate of Mark Franklin deceased annual settlement
made on the 20 Th day of August1 877

To amount of sale Bill of personal property sale
June5th 1874 for case of interest and same 79.15
Of sale of real estate sold on the 18th day of
December 1876 14.20
A credit of twelve months interest from date
Interest on same up to 27th August 1877 45.60
141.40

To Amount to balance 20.70

Cc
By amount paid Court case Number 1 21.35
By amount of interest on same 4.40
By amount paid Nancy Franklin Court Case Number 2
78.70
By amount of interest on same 16.25
121.70

This day came Twiggs Franklin administrator of the
Estate of Mark Franklin deceased who being duly sworn
according to law represents and says that the written
accounts are correct to the best of

.

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