File Name = shelbprb.htm

The Matter of the Shelby D. Walker Estate

From: "Eleanor Browder" To: Lannie G. Walker,Sr. lannie@freewwweb.com Subject: Walker Genealogy Date: Tue, 5 Jan 1999 19:14:03 -0600

Hi, Lannie:


Book F, Page 284, Dallas County, Alabama October Term, 1846 In the matter of the estate of SHELBY D. WALKER, dec'd

Petition for Dower

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.net
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