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John S Thompson 3 generations
Posted by: Darlene Brown (ID *****6383) Date: February 22, 2003 at 13:19:33
  of 402

If you recognize the people in these records would you please contact me?
Darlene

Sumter County Clerk, Livingston Orphan and Probate Records Vol. 4

October Term 1843
No. 35
Estate of John S Thompson dec'd
Petition to sell land
The state of Alabama Sumter County to the Hon Gideon B Frierson Judge of the county court ? and for said County.
The petition of James Hair Administrator of all and singular the goods and challets rights and credits which were of the estate of John Thompson late of said county deceased respectfully sheweth that the said John Thompson died ? and ? of the following described tracts or parcels of land lying and being in said county and known as the East half of the North ? quarter and the East half of the South ? quarter of section county ? in Township seventeen of range four ? in the Demopolis land district and also the North East quarter and the South East quarter of section twenty three and the ? half of the South West quarter in section twentyfour in township seventeen of range 4 West in the Demopolis land district.
That the said lands cannot be equally, fairly and beneficially divided among the heirs of the said John Thompson dec'd. Without a sale of the same that the names of the heirs of said John Thompson are as follows:
Abram Thompson aged 15 years, John Thompson aged twelve years and Francis Thompson aged nine years. All minors and residents of said county and Nancy Phillips a resident of said county and wife of Alexander Phillips a resident of Lauderdale County MS all children of Basse? Thompson deceased and grandchildren of ? John Thompson deceased also Thomas M Thompson of Perry county in said state of Alabama Ralph Thompson, John Thompson, Francis B Thompson, Silas Thompson and Abraham Thompson residents of the said county of Sumter and Ann S Thompson wife of Archibald Thompson residents of Lauderdale county in said state of MS and all children of the said John Thompson deceased and all of lawful age excess as aforesaid wherefore he prays that a decree be made by your honor that the said lands be sold for the purpose of making a more equal fair and beneficial division of the same among said heirs. James Hair ? (affadavit) the state of Alabama Sumter County personally appeared before me Price Williams clerk of the county court of said county James Hair the petitioner in the above petition and made solemn oath that Alexander Phillips husband of Nancy Phillips and Ann ?Thompson and her husband Archibald Thompson live beyond the limits of this state wherefore ? ask that implication be made to notify them of the pending of said petition: James Hair: sworn to and subscribed before me this 21st August, 1843. Price Williams clerk by B J H Baines D?? (Denial of guardian Ad litern, I Benjamin J H Baines guardina ad litern for John Thompson, Abram Thompson and Francis Thompson - deny the allegations stated in the written petition to wit that said lands could not be fairly, equally and beneficially divided amongst the heirs of said estate ? a sale thereof saving ? reserving ? August 28th 1843: Benjamin J H Baines guardian ad litern. Verified by the deposition of Lawrence M Brunson (Maybe) Oct 23rd 1843. P Williams Clk (Minutes Oct term 1843.
It is ordered adjudged and decreed by the court this day ? and coming up of this petition to sell lands and all things having been regularly done and performed according to law.) That James Hair administrator of the estate of John Thompson deceased ? and he is hereby authorized to sell the following real estate which was of his interest because the same cannot be equally, fairly and beneficially divided among the heirs to wit. East half of the North West quarter and the East half of the South West of quarter of section 23 in township 17 of range 4 West. The North East quarter and the South East quarter of section 23 and the West half of the South West quarter of section 24 in township 17 of range 4 West in the Demopolis land district. Which said lands are lying and being in Sumter County Alabama that he gave forty days publick notice of the time places and terms of sale. Said land to be sold on one and two years credit the purchases giving notes with good ? report of said sale. With the proceeds to be returned to our court to be ? on the fourth Monday in February next and this petition and its app??? ordered to record a file.

Deed of Trust:
Joseph A Thompson
To
John S Thompson
Received 23rd and recorded 24 May 1848
The state of AL Sumter County.
This endenture made and entered into this 6th day of May 1848 between Joseph A Thompson of the county of Sumter and the state of Alabama of the first part.
And John S Thompson of Marengo County Alabama of the second part.
And Lewis Houston of the county of Sumter and state aforesaid of the third part.
Witnesseth that whereas the party of the 1st part is hereby indebted to the party of the 2nd part to the amount of 465.00 dollars in 2 promissary notes due and dated as follows:
One for 300.00 dollars interest from date. Dated March 22nd 1848 and due March 1st 1849.
One for 165.00 dated May 5, 1848 and due March 1st 1849. And when the party of the first is desirous and anxious to secure the party of the 2nd part from all harm or loss on said amount of said notes he, the party of the 1st part has made this deed of trust to secure the party of the 2nd part from all harm or loss on said notes. Now therefore for and in consideration of the foregoing promises and in further consideration of the same of 1.00 dollar in hand paid to the party of the 1st part by the party of the 3rd part of and before signing sealing and delivering these presents.
The receipt whereof is hereby acknowledged.
The party of the 1st part hath given, granted, bargained, sold aliened, released, enfroffed, confirmed, assigned and set over and doth by this present gave to the party of the 2nd part the following described property to wit a certain negro slave named Sally aged about 19 years and her increase if any unto the party of the 2nd part he, heirs, executors and assigns forever. Upon losses nevertheless and this conveyance upon the express condition, understanding and agreement that if the said party of the 1st part shall pay of and discharge or cause to be paid the said notes or debts as they shall fall due or shall be called on to pay the same by the party of the 2nd part, then this conveyance shall be utterly void and of no effect. And upon further tries if when the party of the 2nd part shall call on the party of the 1st part to pay said notes and he the party of the 1st part shall fail, neglect or refuse to pay said note and the same shall remain unpaid or unproved to be paid, then or soon thereafter as the party of the 2nd part shall request the party of the 3rd part shall proceed to sell at public auction the above described.
Sale in the town of Warsaw after giving as 30 days notice of the time and place of such sale.
Said slave may be sold either for cash or on time as the parties concerned may think best and the money arising from said slave applied to the payment of the above described notes and upon further trust that the party of the 1st part shall remain in guilt and peacable possession of said slave until default of the payment of said notes and until otherwise ordered by the party of the second part.
In testimony whereof the parties have hereunto set their hands and affixed their seals this day and year first above written.
signed sealed and delivered in presence of witness B. W. Lawler.
Joseph A Thompson (Seal)
Jno S Thompson (Seal)
Lewis Houston (Seal)

Marengo Co. Probate Court

1860-64 Book H Page 52
Probate Court Special Term held for Marengo County this 7th day of July AD 1860
Estate of John S Thompson:
This day came Mrs Nancy Thompson and propounded for probate and instrument in writing purporting to be the last will of said John S Thompson who was her husband and is appearing that said John S died on this day of AD 1860 in Marengo County wherein was his place of residence. It is thenfore ordered that said instrument be set for hearing and probate on the 28th day of July instant. And that ? issue to ? heirs as law of said John S. ? Nancy are William, Needham, Samuel, John and Nancy Thompson all of whom are minors and reside in said Marengo County.
Ja's A Young, Judge

Page 62
Probate Court July 28, 1860
Estate of John S Thompson dec'd:
In this case it is ordered that R D Hart Esq be appointed guardian adletern (maybe) for the minor heirs of law of said deceased to defend their interests in the matter of the probateof the will propounded heretofore. And it is further ordered that said probate stand continued to the 10th day of August next.
Ja's A Young

Page 69
August 1860
Probate Court Marengo County State of Alabama as a ? there of held the 2 Monday (it is crossed out) and the 10th (written over to be 10) day of August (Written over to be August) 1860 Judge Young presiding the following proceedings were had to wit.

Estate of John S Thompson dec'd:
In this case is appearing that the heir as law of said deceased have had ten days notice of the time and place of taking the probate of the will of said deceased. It is ordered that Robert D Hart Esq. be appointed guardian ad??? for the minor heirs of the said John S to defend their interests in the matter of said probate and the said Robt D appears and accepts said appointment.

Page 70
August 10, 1860
Estate of John S Thompson:
In the case appearing that the heir as saw have had ten days notice of the time and place of asking the probate of the will of said John S Thompson deceased. Now this day comes the proponent Mrs Nancy Thompson and likewise come William Thompson, Samuel C Thompson, John Thompson and Nancy Thompson and Needham Thompson the said heirs as law or saw by Robt D Hart Esq. their guardian ad???
and the probate of said last will and testament conway (I think) onto be heard and Edward Curtis and B R Eppes the sub??? witnesses thereto being first duly sworn depose and say "that they were present on the day said will ? date and saw said John S Thompson execute the same by signing and publishing the same as as his last will and testament and that they severally signed the same witnesses as the request and in the presence of said testator and in the presence of each other. They further say that said John S Thompson was at the time of sane and disposing mind and memory. Signed ? E Curtis - B R Eppes
And upon the said testamony reduces to writing as above. And inscribed by said Curtis and Eppes in court. It is ordered and decreed that said instrument be admitted to record as the last will and testament of said John S Thompson deceased and that letters testamentary be greater there on.

Page 71
Estate of John S Thompson dec'd:
This came Mrs Nancy Thompson and qualified as executrix of the will of said testator and appearing that by the wife of said testator no bond is required of said Nancy as executrix aforesaid. It is ordered by the court their letters testamentary upon the will of said testator be granted to said Nancy Thompson. And is further ordered that appointed appraiser of said estate.
Probate Court states term held August 13th 1860

Page 351
Probate Court July Term 1862. Held the 2 Monday and miday of July 1862.

Estate of John S Thompson dec'd:
This day came Mrs ____ Thompson Executrix of said estate and likewise came the minor heirs of said deceased by their guardian ? and the account vouchers of said executrix bring audited and stated by the court. It appears that notice of the ? and place of said settlement has been by publication for three successive weeks in the Linden Jeffersonian newspaper. It further appears that after charging said executrix with all with she is properly chargeable and allowing her all ? credits there remains a balance of ___ dollars in her favor. It further appears that by the will of said testator now here produced the said Nancy Thompson execurtix aforesaid is entitled to the possession and use of all the property of said testator both real and personal during life. Subject to the ? in said will created. It further appears that ? ? ? (crossed over) of said testator have been satisfied. It is therefore ordered and decreed by the court that said account as stated be allowed and rendered as a final a final settlement of said estate and it is further ordered and decreed that said executrix take and hold the propert so bequeathed and devised to her subject to the conditions and trusts in said will directed.
Ja's A Young

page 449 - 450
Estate of John S Thompson:
In this case Mrs. Nancy L Thompson Executrix of the will of said John S Thompson Dec'd having heretofore filed her account and voucher for final settlement of said estate and notice of the time and place of said settlement having been given by publication for three successive weeks (in or as) the ? Jeffersonian and said cause having for sufficient cause been continued from term to term to the present term now this day said executrix and came the (newer, maybe) heirs or hours of said deceased by Henry A Woolf heir guardians ? and the said account and voucher having by the court audited and stated. Having a balance in favor of said executrix of four thousand four seventy 24/100 dollars. It is therefore adjudged ordered and decreed by the court that said account and vouchers be allowed and recorded as a full and final statement of said estate and it is further ordered and decreed that said Nancy L retain and hold the estate of said deceased and use the same according to the direction of the testator as set forth in said will.
Ja's A Young, Judge

Deed Records Book W pages 1 - 400
Page 210:
S A Thompson
To Party or Patty
J S Thompson

Know all men by these present that I Samuel A Thompson late of Marengo County state of Alabama. Now temporarily residing in Boliver County MS, do hereby constitue and appoint my brother John S Thompson of Jefferson Co. AL as my lawful agent and attornies in the state of AL during my absence from said state and I hereby authorize him to sell convey and sign my name to all bonds, deeds and conveyances whatever for the sale and transfer of any and real estate that I may be entitled to or interested in in said state of AL and ? sign any and all papers the said John S Thompson may think for my benefit and interest and the same shall be as binding if done by myself. Witness my hand and seal this tenth day of June A D 1874.
Samuel A Thompson (Seal)

Page 210
Nancy L Thompson
Samuel Thompson
John S Thompson
To: Deed
Nannie L Thompson

The state of Alabama, Jefferson County

Know all men by these presents that we Nancy L Thompson, Samuel Thompson and John S Thompson for and in consideration of the love and affection which we bear towards Nannie L Thompson, the beloved daughter of the first mentioned and the beloved sister of the other two grantors in this conveyance and for the further consideration of one dollar to each of us respectively in hand paid by the said Nannie L Thompson at or before the unsealing and delivery of these presents, the receipt whereof is hereby acknowledged, do hereby give, grant and convey unto the said Nannie L Thompson all our resepctive rights, tithes and interests in and to the following described real estate to wit:
Twenty acres more or Ap, in the North half of the South West quarter, section 21 Range 3 East. And five acres more or Ap in North East corner SW 1/4 section 21 range 3 East. All in township seventeen and lying and being situate in the county of Marengo, state of Alabama.
Together with all and singular the tenements, ?, rights, priviledges and appertanances unto the above mentioned and described premises belonging or in any wise appertaining to have and to hold to the said Nannie L Thompson, her heirs and ? forever. Given under our hand and seal this 13th day of June A D 1874
J B Forville N L Thompson (Seal)
A Y Forville Jno S Thompson (Seal)
Saml A Thompson (Seal)
Sam'l Thompson, practicing attorney in fact Jno S Thompson

Nancy L Thompson
To: Deed
Nannie L Thompson
The state of AL Jefferson County.
Know all men by these presents that I Nancy L Thompson for and in consideration of the love and affection which I bear towards my beloved daughter Nannie L Thompson and for the further consideration of one dollar to me in hand paid by my said daughter Nannie L Thompson at or before the unsealing and delivery of these presents the receipt whereof is hereby acknowledged do hereby give, grant and convey unto my said daughter the East half of the South East quarter section 20. Township 17 Range 3 East continuing 80 acres more or Ap and lying and being situate in the county of Marengo, state of AL. Together with all and singular tenements, hereditaments, rights, privileges and appertenances unto the above mentioned and described premises belonging or any wise appertaining. To have and to hold to the said Nannie L Thompson, her heirs and assigns forever. Witness my hand and seal this the 13th day of June A D 1874.
Attest: J B Forville
N L Thompson (Seal)


The Will of God will never take you to where the Grace of God will not protect you


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