File Name = shelbprb.htm
The Matter of the Shelby D. Walker Estate
From: "Eleanor Browder"
Hi, Lannie:
Book F, Page 284, Dallas County, Alabama
October Term, 1846
In the matter of the estate of
SHELBY D. WALKER, dec'd
Came Margaret Walker and filed her petition in words and figures
following: Your petitioner, widow and relict of Shelby D. Walker, late of
said County, dec'd, represents to your Honor that her husband departed this
life September ---1844 intestate, that before his death and about the year
1838 he was seized and possessed in fee simple of the lands hereinafter
mentioned stiuated in Dallas County, Alabama, to which said lands
petitioner has never conveyed her dower to any one, either directly or
indirectly; that her said husband died insolvent, and that there has never
been any administration of his estate; that petitioner was the wife of said
decedent, and is entitled by means thereof to dower in all the lands of her
dec'd husband; that the lands possessed and owned by her said husband are
described as follows: to-wit: The S 1/2 of the NW 1/4 of Section 6, Tp. 17,
Range 7, containing 80 acres; that the heirs of said Walker are all minor
under the age of 14 years, and named as follows: Sarah Jane, John, Perry,
Madison Foster, Levy and Francis C. Walker, all the children of your
petitioner; petitioner prays your Honor to order and decree that your
petitioner may have her dower allotted to her be metes and bounds
according to the provisions of the statute made and provided in such cases;
it is therefore ordered that publication of this application be made in the
Dallas Gazette for 4 consecutive weeks notifying all persons concerned to
appear before this court on the 2nd Monday in November next, and show cause
whey said dower should not be allotted to said peitioner.
Same Record
November Term, 1846.
This day came Margaret Walker by her attorney, and filed her amended
petition in the words and figures following: Petitioner showeth that
Thornton B. Boldsby is tenant in possession of the lands in said petition
named and prays that he may be made a party to this proceeding; it is
therefore ordered that citation issue to said Thornton B. Goldsby to be and
appear before this court on the 2nd Monday in December next to defend
against said petition.
Same Record.
December Term, 1846.
This day came petitioner and it appearing to the satisfaction of the
court that publication of the filing of this Petition had been made in the
Dallas Gazette for four consecutive weeks according to law, and that the
citation issued in this cause to Thornton B. Goldsby, the tenant in
possession of the lands mentioned in said petition------------; and no one
appearing to contest herein, it is ordered that a writ of dower issue in
this case to the sheriff of Dallas County returnable to the 2nd Monday in
January next.
Same Record
April Term, 1847.
This day came the sheriff of Dallas County and returned the writ of
dower issued to him executed, as also the report of the jury empaneled by
him in this cause, which said report is in words and figures following: We,
the commissioners, summoned and sworn by the sheriff of Dallas County to
allot and set off by metes and bounds unti Margaret Walker, late widow of
Shelby D. Walker, dec'd, 1/3 part of the lands, tenements and hereditaments
in and to the following lands, to which she had not relinquished her dower;
The S 1/2 of NW 1/4 of Section 6, Tp. 17, Range 7, after having examined
above tract of land, so here allot and set until Margaret Walker 1/3 part,
to-wit: 30 acres of land, including the dwelling, the line running east and
west of the said tract of land and includes the dwelling house and all other
improvements hereunto belonging.
Given under our hands and seals, this 1st day of April, 1847.
(Signed) Richard M. Tate
Cyrus Billingslea
Silas Blann (By mark)
Charles H. Tate
Daniel Parnall
Attest:
A. Jones, sheriff,
By J. G. Lovett, D.S.
It is therefore ordered and decreed by the court that the report of
said jury be received and all things therein confirmed, and that the
sheriff put the said Margaret Walker in possession of her said dower as
laid off and allotted by said commissioners, which shall inure to her an
estate for and during her natural life.
Abstractor's Note:
We find on page 98 of this same Record a return of the writ of dower
by the sheriff accompanied by the report of the jury empanaled to allot
dower to Margaret Walker, which appears to be a copy of the former report
with the exception that 27 acres of the south part in the S 1/2 of NW 1/4
Section 6, Tp. 17, Range 7 is designated as the dower allotted in stead of
the 30 acres in the former report, this report bearing date October 4,
1848, signed by the commissioners and upon which report appears to be no
decree entertained confirming the same.
--------END OF PETITION--------
Lannie:
I still haven't figured out this scanner; therefore, I just typed it!
Eleanor
Created by Lannie G. Walker,Sr. lannie1@swbell.netPetition for Dower
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