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Thorogood Blackwell and Charles, John, and William Booth

Replies: 46

Re: Thorogood Blackwell 's will - George Blackwell's will

Posted: 21 Jan 2013 7:35PM GMT
Classification: Query
The Elizabeth Blackwell who married Abraham Chancellor was the daughter of Thoroughgood/Thorogood Blackwell of Autuaga County, AL. This is proven in the Orphan Court Records where the children of Thoroughgood Blackwell were named along with their spouses. There was a Thoroughgood Blackwell who contested Anne (wife of George Blackwell) as the executor of George Blackwell's will in Edgecombe County, NC c. April 1767. I suspect he was a brother of that George Blackwell. I have a copy of this will and yes Thoroughgood Blackwell is not mentioned but I do not believe that a young child age 11 or 12 would have been left out of his father's will. All the census records that I have found regarding Thoroughgood Blackwell show a birth date of no earlier than 1754. I do not believe him to be a son of the elder George Blackwell.

Orphans Court Minutes 1823 - 1842,Autauga County, Alabama

Special Orphans Court 21 May 1832
At this day came Thomas Smith and offered a paper purporting to be the Last Will and Testament of Thoroughgood Blackwell deceased who died in this county and whose place of residence was in the same,at the time of his death,for probate. It is therefore ordered by the court that citations issue to the sheriff commanding him to summon Jesse Cook and his wife Eleanor, Abraham Chancellor and his wife Elizabeth, Abijah Shumake and his wife Dorcas, and Sarah Blackwell. Elizabeth Cook and Pheby Cook the heirs and next of kin of the deceased to appear at the Regular time of the Orphans Court for said county to be held on the fourth Monday in June next to show cause why the said instrument should not be admitted to probate. It further appearing to the court that John Phillips and Pheby his wife are of next of kin of the deceased and that they do not live in the jurisdiction of this court. It is further ordered that publication be made in a paper called the Planters Gazette published in the town of Montgomery for two weeks commanding them to appear at the same time and place. It is further ordered that any party interested may procure subpoenas to compel the attendance of witnesses at the said time.

Regular Orphans Court 25 June 1832
And now at this time came Thomas Smith and presented a paper purporting to be a Will of Thoroughgood Blackwell deceased and offered proof that the same was the Last Will and Testament of the said Blackwell. It appearing to the satisfaction of the court that the publication required in the order of the last term on this case was duly made in the Planters Gazette for John Phillips and Pheby his wife to appear at this term of this court and it further appearing that citations were not served upon Dorcas and Mary (?) Blackwell, it is therefore ordered by the court that an (illegible) citations issue commanding them to appear at the Regular term of the Orphans Court to be held the fourth Monday in July next and the cause is continued till that day. It is further ordered that citations issue commanding the sherfii to summon Moses (?) Chancellor and Elizabeth his wife, Abijah Shumake and Dorcas his wife, Jesse Cook and Eleanor his wife, Elizabeth Cook and Pheby Cook to appear on the next regular term of the Orphans Court to be held on the fourth Monday in July next, to show why the said Will should not be admitted to probate. And it is further appearing that the Estate is in danger of being injured for the want of a proper person to take charge thereof. It is further ordered by the court that Thomas Smith be appointed Administrator thereof, until the validity of the said Will be determined, and he having given Bond and Security according to law and taken the oath prescribed by law. It is ordered that letters be issued to him. Ordered that Bond of Thomas Smith as Temporary Administrator an upon the Estate of Thoroughgood Blackwell deceased the sum of Fifteen Thousand Dollars with Benjamin Motley, Etheridge Rogers, and J.D. Gop be received and recorded.

Regular Orphans Court 23 July 1832
And now at this day comes the sheriff of ( illegible, maybe a whole sentence illegible here, document torn ) in summons of the order of said court, excuted upon the parties therein mentioned as by answering to the returns which many fully affects. And then came Abram Chancellor and his wife Elizabeth, Jesse Cook and Eleanor his wife and Abijah Shumake and Dorcas his wife who entered their caveat to the admission of the Will of Thoroughgood Blackwell deceased and certain issue having been joined between the parties, and a jury having been empowered (?) by order of the court from among the bystanders and duly sworn to try the issue joined between the parties upon their consisting of William Burt foreman of the same, and eleven others upon their oath do say that the said Will was duly excuted according to law, that the said Thoroughgood Blackwell at the time of the excution thereof was of sound mind and of disposing memory and that he was not under undue influence of any person. Where upon it is considered by the court here that the said Last Will and Testament be admitted to probate and that letters be ( illegible) issue to Thomas Smith upon giving Bond and Security according to law and complying with the other requisites of the law. This day came Thomas Smith and presented his Bond as Executor of the Estate of Thoroughgood Blackwell deceased, upon the sum of Ten Thousand Dollars with B.T. Livingston and James Goodson as Securities. Ordered that the same be received and recorded. Ordered that the Executor of the Estate of Thoroughgood Blackwell make out a full and complete Inventory of said Estate. Ordered that said Executor make a return of said Inventory so made as aforesaid to this court within three months. Ordered that Moses Grier, James Fleming, William Whitstone, Benjamin Motley and Joseph Roest be appointed appraisers of the Estate of Thoroughgood Blackwell deceased. Ordered that said Executor make a return of the appraisement to this court within three months. Ordered that sais Executor have leave to sell any part of the personal property he may think proper. Ordered that said Executor make return of said sale in the months. This day came Thomas Smith Special Administrator upon the Estae of Thoroughgood Blackwell deceased and presented an Inventory of said Estate except the Hogs and Cattle, which are not all included. Ordered that the same be received and recorded.

Regular Orphans Court 25 Sept 1832
Ordered by the court that notice be given by publication in the Planters Gazette to John Phillips and Pheby his wife to be and appear at a regular Orphans Court to be held in and for the said county on the fourth Monday in November next and show cause if any why the Real Estate belonging to the Estate of Thoroughgood Blackwell deceased should not be sold. This day came Thomas Smith and presented his petition as Executor of the Will of Thoroughgood Blackwell deceased praying for leave to sell the Real Estate of said Estate. It is therefore ordered that citations issue to all the legaltees of siad Estate to come forward at the next term of this court and show cause if any why said Real Estate should not be sold.

Regular Orphans Court 22 October 1832
Whereas Elizabeth Cook infant heir of Thoroughgood Blackwell deceased in right of her mother Ann Cook deceased, being over the age of fourteen years this day came in open court and made choice of William Cook as her Guardian it is therefore Ordered that William Cook be appointed Guardian of Elizabeth Cook as aforesaid. Ordered that letters of Guardian issue to William Cook Guardian of Elizabeth Cook infant heir as aforesaid. ( Note: Pheby Cook this same day makes same choice and the procedure is the same) Ordered that the Bond of William Cook, Guardian of Elizabeth Cook in the sum of One Thousand Dollars with Jesse Cook and Abijah Shumake as Securities be received and recorded. ( Note: Again, the same procedure in Bond and Security for Pheby Cook by William Cook ) This day came Sarah Blackwell and applied for letters of Guardianship for Elizabeth Blackwell an infant heir of Thoroughgood Blackwell deceased in right of her father George Blackwell deceased. Ordered that the same isse to the said Sarah Blackwell. Sarah Blackwell presented her Bond as Guardian of Elizabeth Blackwell with William Booth, Charles Booth, and John Booth as Securities in the sum of One Thousand Dollars. Ordered that the same be received and recorded. ( Note: Sarah (Jowers) Blackwell and George Blackwell (Thoroughgoods Son) had 5 children and she had to apply for Guardianship on each of them and the same procedure, bonds and securities as above, applies to the following four children.) Nancy Blackwell, James Wilkerson Blackwell, Matilda Blackwell and Frances Blackwell. Ordered that Charles Booth, Abraham Chancellor, and Abijah Shumake be appointed commissioners to sell West 1/2 of the NW 1/4 of Section 28, Township 18N, Range 15E. The West 1/2 of the SW 1/4 of Section 28, Township 18N, Range 15E. The East 1/2 of the NE 1/4 of Section 29, Township 18N, Range 15E. The East 1/2 of the SW 1/4 of Section 29, Township 18N, Range 15E, and the West 1/2 of the SE 1/4 of Section 29, Township 18N, Range 15E., it being the Real Estate of Thoroughgood Blackwell deceased. The said commissioners to give notice required by law in such cases and a credit until the purchases giving sales and good security and that they make due return thereof to this court on the Monday. Ordered that the Executor of the Estate of Thoroughgood Blackwell have leave to sell the Cotton belonging to said Estate at private sale. Ordered that said Executor make a report of the said sale to this court within three months.

Regular Orphans Court 26 November 1832
This day came Thomas Smith Executor of the Will of Thoroughgood Blackwell deceased and returned the Bill of Appraisement of said Estate. Ordered that the same be received and recorded. This day came Thomas Smith Executor of the Will of Thoroughgood Blackwell deceased and made a report of the sales of said Estate. Ordered that the same be received and recorded. This day came said Executor and made an addition report of the sales of said Estate. Ordered that the same be received and recorded.

Regular Orphans Court 28 January 1833
The State of Alabama, Autauga County. We the undersigned commissioners appointed by the Hon. Judge of this Orphans Court for said county to sell the real estate of Thoroughgood Blackwell make the following report that we proceeded to sell the west half of the northwest quarter and the west half of the southwest quarter of section 28, township 18, range 15 and the east half of the of the northeast quarter and the southeast quarter of section 29, township 18, range 15. Containing four hundred acres more or less to the highest bidder on a credit until the first day of January 1834. And Charles Booth and William Booth was the highest and last bidders and became the purchasers thereof for the sum of Twelve Hundred and Ninety Five Dollars, the 28 day of December 1832. Sworn to and suscribed before me this 17 day of January 1833, Henly Brown. Commissioners: Charles Booth, A.Chancellor, Abijah Shumake. Ordered that said Charles Booth, A.Chancellor and Abijah Shumake proceed to make a good and sufficient title to the said Land to the said Charles Booth and William Booth.

Special Orphans Court 16 April 1833
Ordered that the list of sales of the Estate of Thoroughgood Blackwell deceased be received and recorded. Ordered that the accounts of notes and accounts of the Estate of Thoroughgood Blackwell deceased be received and recorded. Ordered that the account of the sales of the Cotton belonging to said Estate be received and recorded.
Regular Orphans Court 24 June 1833
This day came Charles Booth and William Booth, two of the Securities for Sarah Blackwell Guardian of Elizabeth Blackwell, Ann Blackwell, James W. Blackwell, Matilda Blackwell, and Frances Blackwell minor heirs of George Blackwell deceased and made application to this court for a release from further liability on theirs Bonds as such securities. It is therefore Ordered by the court that citation issue to said Sarah Blackwell Guardian as aforesaid to be and appear at a regular Orphans Court to be held in and for said county at the palce of holding the same on the fourth Monday of (blank) next and give further security otherwise she will be discharged from said Guardianship.

Regular Orphans Court 26 August 1833
Ordered that Sarah Blackwell be discharged as Guardian of Elizabeth Blackwell, Nancy Ann Blackwell, James W. Blackwell, Matilda Blackwell, Frances Blackwell minor heirs of George Blackwell deceased.

Special Orphans Court 15 October 1833
This day came Thomas Smith Administrator of the Estate of Thoroughgood Blackwell deceased and made application to this court for final settlement of sais Estate. It is therefore ordered that forty days notice be given by publication in the Montgomery Advertizer and the Planters Gazette for all persons interested to be and appear at a regular Orphans Court to be held in and for the said county on the fourth Monday in November next to show cause if any they can, why said final settlement should not be made.

Special Orphans Court 31 March 1834
On application of Thomas Smith, Executor of the Last Will and Testament of Thoroughgood Blackwell deceased, for final settlement of the Estate of said deceased. ( Note: Here the procedure is the same as above for forty days notice being given.)

Regular Orphans Court 26 May 1834
Ordered that the report and final settlement of the Estate of Thoroughgood Blackwell deceased, made this day by the Executor of the said deceased be received and recorded. And it appearing to the court from said report and final settlement that there is a balance of the said Estate in the hands of the Executor amounting to the sum of Six Thousand and Seventy Eight Dollars and forty three and three fourths cents. It is therefore on a division of said balance among the heirs, agreeable to their respective titles thereto. Ordered that the Executor pay John Phillips the sum of Six Hundred and Sixty Nine Dollars and 82 2/3 /100, being the amount of his distributive share of the Estate. (Note: The following persons received the same.)John Booth, William Booth, Charles Booth, Sarah (Jowers) Blackwell, Jesse Cook, and Abraham Chancellor. Ordered that said Executor pay William J. Owen the sum of Three Hundred and Thirty Four Dollars and 91 1/3 /100, being the amount of his distributive share of said Estate. Ordered that said Executor pay Aninanis Norris the sum of Three Hundred Thirty Four Dollars and 91 1/3 /100, being the amount of his distributive share of said Estate. Ordered that when the above amounts are respectively paid to said distributees, the said Executor Thomas Smith be discharged from further execution of the Last Will and Testament of said Thoroughgood Blackwell deceased.
SubjectAuthorDate Posted
Diane Chenaul... 18 Jan 2013 11:10PM GMT 
Anonymous 19 Jan 2013 1:13AM GMT 
Diane Chenaul... 19 Jan 2013 11:50PM GMT 
LionheartCour... 19 Jan 2013 1:13AM GMT 
Diane Chenaul... 19 Jan 2013 11:04PM GMT 
LionheartCour... 20 Jan 2013 5:30PM GMT 
GigiEvie 22 Jan 2013 12:49AM GMT 
Anonymous 22 Jan 2013 2:24AM GMT 
LionheartCour... 22 Jan 2013 2:35AM GMT 
LionheartCour... 15 Jan 2013 8:48PM GMT 
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