Coffee County, AL Probate Court Minutes


Contributed by: Janice M. Davis, MAY 2000

 

October the 31st AD 1864 Pages 251-252, Vol. B

 

William A. Harrison, Deceased, Estate of

Letters of administration

 

This day comes Elvy Harrison and files her application in writing and

under oath, praying to be appointed to the administration of said

estate, alleging in her said petition that she is the wife of said

decedent, who was an inhabitant of this State at the time of his death;

that he departed this life in this County, intestate more than fifteen

days since, leaving property in this State of about the value of four

thousand dollars, and probably not more, to the best of petitioner's

knowledge, information and belief; and also showing in and by said

petition, who are the heirs and next of kin of said deceased and their

respective ages, sex, condition and residence, so far as she knows. And

it being shown by evidence, satisfactory to the Court, that the

allegations of said petition are substantially true; And said Elvy

Harrison having given bond in the sum of eight thousand dollars with

Nace Russell and William L. Fleming as her sureties therein, which bond,

with such securities therein has been duly taken and approved, as good

and sufficient by the Judge of this Court: It is ordered, adjudged and

decreed, that said Elvy Harrison be, and she is hereby appointed to

administer said estate and that the proper letters of administration do

issue to him forthwith. It is further ordered that an appraisement of

said estate be made; That Nace Russell, James D. McLean and William L.

Fleming, be, and they are hereby appointed and authorized to appraise

said estate, and that they have due notice of this appointment. It is

further ordered that said petition be recorded.

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December the 2nd AD 1864 Page 259, Vol. B

 

William A. Harrison, Deceased, Estate of

 

This day came Elvy Harrison the administratrix of the estate of said

decedent and presents her inventory and appraisement of said estate, in

due form and properly verified; It is ordered that the same be filed and

recorded.

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December the 2nd AD 1864 Page 259, Vol. B

 

William A. Harrison, Deceased, Estate of

Leave to keep it together

 

This day came Elvy Harrison, the administratrix of said estate and files

her application in writing and under oath, asking for authority to keep

said estate together until the oldest distributee of said estate shall

become of age, which will be about five years from date. And, proof

having been submitted to the Court, in support of the allegation of said

petition, which fully shows, to the satisfaction of the Court, that the

statements in such petition are true; That distribution cannot now be

made without detriment to said estate, that it really will be for the

interest of the distributees that the prayer of said applicant should be

granted and that there is no present necessity for a division of said

estate: It is ordered, adjudged and decreed that said Elvy Harrison, as

such administratrix, be, and she is hereby authorized to keep together

the real and personal property belonging to the estate of said William

A. Harrison, deceased, until the 2nd day of December, 1869 to be cared

for and managed, in the meantime by said administratrix as the law

permits and requires in such cases. It is further ordered that said

application filed in this proceeding be recorded.

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April 11th 1866 Page 344, Vol. B

 

William A. Harrison, Deceased, Estate of

Setting day for partial settlement

 

This day came Elvy Harrison, administratrix of said estate and filed her

statement, account, vouchers, and evidences for a partial settlement of

said administration and the Court having examined said accounts of, and

found them to be apparently correct, the same are now reported for such

settlement: It is therefore ordered, that the 2nd Monday in May 1866 be

appointed a day to make such partial settlement, and that notice of the

time and nature of such settlement be given by publication, by

advertisements to be posted up at the Courthouse and three other public

places in this County, at least three weeks before such day of

settlement. It is further ordered that W. Williams be he is hereby

appointed to act as guardian ad sitem for and to protect the interests

of Nancy Ann, Martha Jane, John Pleasant, Betsey Jane, Polley, Salley,

and Moses Harrison, minor children of said decedent in all matters

pertaining to this settlement: And that said guardian ad sitem have

notice of his said appointment.

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May 27th 1866 Pages 354-355, Vol. B

 

William A. Harrison, Deceased, Estate of

Partial settlement

 

This being the day set to hear and pass upon the account heretofore

filed by Elvy Harrison as the administratrix of said estate for a

partial settlement of her administration thereof. Now comes the same

Elvy Harrison and moves the Court to proceed with such settlement, and

that said account be passed and allowed. And it appearing to the Court,

from proper evidence that due notice of the time and nature of this

settlement has been given by posting notice in writing at the Courthouse

door and three other public places in this County (there being no

newspaper published in this County) for more than forty days in

succession before this day; And Wiley Williams who was heretofore

appointed to act as guardian ad sitem for, and to protect the interests

of Nancy Ann, Martha Jane, John Pleasant, Betsey Jane, Polly, Sallie and

Moses Harrison, the minor heirs of said decedent, in the pending

settlement, now appearing in open Court, consenting to act, and

contesting such settlement, the Court proceeds to examine said account

and to hear the proof in relation thereto: Whereupon it is found that

said administratrix has, received in confederate money notes and in

cattle and stock to the amount of three hundred and fifty nine dollars

(only the cattle and horse being of any value) that she has justly

expended in and about the costs and charges attendant upon said

administration, and in paying the just debts of said deceased, the sum

of two hundred and three dollars, leaving in her hands the sum of one

hundred and fifty six dollars in cattle and a horse: It is therefore

ordered, adjudged and decreed by the Court, that said account be, and

the same is hereby in all things passed and allowed, as above stated.

It is further ordered that said accounts, vouchers, evidences and

statements, together with all other papers on file pertaining to this

settlement and proceedings be recorded. It is further ordered that said

administratrix pay the costs and expenses of this settlement to be

allowed to her against said estate.

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November 27th 1867 Page 499, Vol. B

 

William A. Harrison, Deceased, Estate of

Setting day to settle

 

This day came Elvy Harrison, administratrix of said estate and filed her

statement, account, vouchers and evidences for a partial settlement of

said administration; And the Court having examined said accounts of and

found them to be apparently correct, the same are now reported for such

settlement. It is therefore ordered that the 5th Monday in December 1867

to be appointed a day to make such partial settlement, that notice of

the time and nature of such settlement be given by posting notice in

writing for three successive weeks at the Courthouse door and at three

other public places in this County, there being no newspaper published

in this County. It is further ordered that Wiley Williams be and he is

hereby appointed to act as guardian ad sitem for and to protect the

interests of William, Nancy Ann, Martha Jane, Betsey Jane, Polley,

Sallie and Moses Harrison, the minor heirs of said deceased in all

matters pertaining to this settlement; And that said guardian ad sitem

have notice of his said appointment.

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December 30th 1867 Page 514, Vol. B

 

William A. Harrison, Deceased, Estate of

Partial settlement

 

This being the day set to hear and pass upon the account heretofore

filed by Elvy Harrison as the administratrix of said estate for a

partial settlement of her administration thereof, now comes the said

Elvy Harrison and moves the Court to proceed with such settlement and

that said account be passed and allowed. And it appearing to the Court,

from proper evidence, that due notice of the time and nature of this

settlement has been given by posting up notice in writing at the

Courthouse door and at three other public places in this County for

three successive weeks before said day of settlement, there being no

newspaper published in this County. And Wiley Williams who was

heretofore appointed to act as guardian ad sitem for and to protect the

interests of Nancy Ann, Martha Jane, Betsey Jane, Polley, Sallie and

Moses Harrison, the minor heirs of said decedent, in the pending

settlement, now appearing in open Court, consenting to act and

contesting such settlement, the Court proceeds to examine said account

and to hear the proof in relation thereto: Whereupon it is found that

said administratrix has received of the assets of said estate the sum of

two hundred and eight dollars consisting of cattle, stock of, that she

has justly expended in and about the costs and charges attendant upon

said administration in paying the just debts of said deceased, the sum

of one hundred and one dollars which includes the value of cattle that

have died and a horse that died, leaving assets in her hands of the

value of one hundred and seven dollars. It is therefore ordered,

adjudged and decreed by the Court that said account be and the same is

hereby in all things passed and allowed, as above stated. It is further

ordered that said account, vouchers and evidences and statements

together with all other papers on file pertaining to this settlement and

proceeding be recorded. It is further ordered that said administratrix

pay the cost and expenses of this settlement to be allowed to her

against said estate.

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January 7th 1869 Page 456, Vol. B

 

William A. Harrison, Deceased, Estate of

As to distribution

 

This day came William A. Harrison an heir of said decedant and filed his

application in writing and under oath, praying that his share in said

estate of portion thereof and which in said petition is alleged to be

one seventh part thereof may be distributed to him. It is ordered that

the 21st day of January 1869 be appointed a day to hear said application

and that citation issue, to be personally served on Elva Harrison the

administratrix of the estate of said deceased at least ten days before

said application, shall be heard notifying her of the grounds of said

application and of the day set to hear the same.

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January 21, 1869 Page 608, Vol. B

 

William A. Harrison, Deceased, Estate of

As to distribution decree

 

This being the day appointed by an order of the Judge of this Court made

and entered in this State on the 7th of January 1869 for hearing the

application of William Harrison for himself and as next friend of Martha

Jane and Betsey Jane Harrison distributees and heirs of said estate,

asking for an order and decree of said Court that their distributive

shares be delivered to them. Now comes the said William, Martha J. and

Betsey J. Harrison BY W. D. Noland their attorney and moves the Court to

proceed with such hearing. And it being shown that the proper notices

and citation have been given to Elvy Harrison the administratrix of said

estate in all respects strictly according to the terms and agreements of

said former order in the premises, the Court proceeds to hear and

determine the matters of said application, whereupon; It being shown to

the satisfaction of the Court by due proof that letters of

administration upon said estate were granted and issued by this Court to

said Elvy Harrison more than eighteen months since, that the said heirs

of said estate are entitled to one sixth part of said estate each after

the said widow's distributive share is set apart. It is ordered,

adjudged and decreed that the said application be, and the same is

hereby granted and that the said Elvy Harrison as such administratrix is

hereby directed to deliver to the said named heirs as well as all the

heirs and distributees of said estate, their distributive shares in the

cattle, hogs, household and kitchen furniture belonging to said estate.

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October 22nd 1869 Pages 659-660, Vol. B

 

Betsey Harrison, A minor under fourteen

Grant of letters of guardianship

 

This day comes William Hall and files his petition in writing and under

oath praying that he may be duly appointed to the guardianship of the

person and estate of said minor and among other things that he is

citizen of this County and State and that he is related to said Betsey

Jane Harrison the minor and that said minor resides in this State and

County and that said minor is under fourteen years of age and that said

minor has an estate in her own right of the value of about forty dollars

and that it is necessary that said minor should have a guardian to take

charge of and take care of her said estate. It is therefore ordered and

decreed that letters of guardianship over the person and estate of the

said Betsey Harrison be granted to said William Hall upon his entering

in a bond with sufficient security in the sum of sixty dollars and the

said William Hall having executed such bond with James D. McClene as his

security therein and duly filed the same in the office of the Judge of

this Court. It is ordered that the same be approved and that said

letters do forthwith issue to the said William Hall. It is further

ordered that said application be recorded.

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November 9th 1869 Page 669, Vol. B

 

Betsey J. Harrison, A minor, Estate of

Order to sell perishable property

 

This day came William Hall guardian of said minor and filed his petition

in writing and under oath praying for an order to sell three head of

cattle upon the groung that the same is perishable and the Court having

read said petition and heard the proof admitted in support thereof and

being satisfied that said petition is fully sustained by the said

evidence and that said property is perishable and that it will be

beneficial to the interest of said estate that the same should be sold

and at as early a day as may be in accordance with the prayer of said

petition the same having been appraised. It is therefore ordered and

decreed that said guardian be authorized to sell said property at such

place as he may direct at either public or private sale as he may think

most beneficial to said minor and it sold at public outcry to be sold

after giving three weeks notice by posting notice at the Courthouse door

and three other public places in this County of time, terms, and place

of sale with such to be made for cash. It is further ordered that said

guardian with all convenient speed and within sixty days from said sale

to make report under oath to this Court of his account of such sale and

how he has executed this decree. It is further ordered that said

petition be recorded.

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December 30th 1869 Page 684, Vol. B

 

Betsey Jane Harrison, Estate of

Report of sale

 

This day came William Hall guardian of said minor and filed his account

of the sale of the perishable property of said estate which was ordered

to be sold by a decree of this Court made and entered on the 9th day of

November 1869 and the said account being duly swored to, and having been

inspected by the Court, it is now ordered that the same be recorded for

future reference.

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October the 31st AD 1864 Page 251, Vol. B

 

John A. Harrison, Deceased, Estate of

Letters of administration

 

This day comes James D. McLean and files his application in writing and

under oath praying to be appointed to the administration of said estate

alleging in his said petition that said decedent was an inhabitant of

this State at the time of his death; that he departed this life

intestate, and that his death has been known more than forty days

leaving property in this State of about the value of six thousand

dollars and probably not more to the best of petitioner's knowledge,

information and belief; And also showing in and by said petition, who

are the heirs and next of kin of said deceased and their respective

ages, sex, condition and residence, so far as he knows. And it being

shown by evidence, satisfactory to the Court, that the allegations of

said petition are substantailly true; that all who are entitled to

administer said estate have failed to do so; that Nace Russell, the

largest creditor of said deceased has declined to administer on said

estate, and requested the said James D. McLean to take upon him the

administration thereof: And the said James D. McLean having given bond

in the sum of twelve thousand dollars with Nace Russell and Nace Collins

as his sureties therein, which bond, with such securities therein has

been duly taken and approved, as good and sufficient by the Judge of

this Court: It is ordered, adjudged and decreed that said James D.

McLean, be, and he is hereby appointed to administer said estate, and

that the proper letters of administration do issue to him forthwith. It

is further ordered that an appraisement of said estate be made; That

Nace Russell, William L. Fleming, and David F. Adams be, and they are

hereby appointed and authorized to appraise said estate, and that they

have due notice of this appointment. It is further ordered that said

petition be recorded.

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December the 2nd AD 1864 Page 259, Vol. B

 

John A Harrison, Deceased, Estate of

 

This day came James D. McLean the administrator of the estate of said

deceased, and presents his inventory and appraisement of said estate in

due form and properly verified: It is ordered that the same be filed

and recorded.

And the Court adjourned.

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December the 3rd AD 1864 Page 259, Vol. B

 

John A. Harrison, Deceased, Estate of

Order to sell personal property

 

This day came James D. McLean the administrator of said estate, and

filed his petition in writing and under oath, praying for an order to

sell 1 mule and 1 yoke of oxen, upon the ground that such sale is

necessary to pay the debts of said estate. And the Court having heard

said petition and being now fully satisfied from the testimony submitted

in the premises that such sale is necessary for the purpose aforesaid:

It is ordered, adjudged and decreed, that said property be sold by said

administrator at public outcry in from of the Courthouse of this County,

and for cash to the highest bidder, after having first advertised the

day, place and terms of sale, and the description of the property, for

at least three weeks before such sale, by posting such notice thereof,

for such length of time, at the Courthouse, and at three other public

places in this County. It is further ordered that said petition be

recorded.

And the Court adjourned.

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December 24th 1864 Page 263, Vol. B

 

John A. Harrison, Deceased, Estate of

Sale bill of personalty

 

This day came James D. McLean and filed his account of the sale of the

perishable property of said estate which was ordered to be sold by a

decree of this Court made and entered on the ____ day of _________ 186_

And the said account being duly swored to and having been inspected by

the Court it is now ordered that the same be recorded for further

reference.

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July 11th 1866 Page 363, Vol. B

 

John A. Harrison, Deceased, Estate of

Partial settlement

 

This day came James D. McLean administrator of said estate and files his

statement, account, vouchers and evidences for a partial settlement of

said administration and the Court having examined said accounts of and

found them to be apparently correct the same are now reported for such

settlement: It is therefore ordered that the 2nd Monday in September

1866 be appointed a day to make such partial settlement and that notice

of the time and nature of such settlement be given by posting notices in

writing at the Courthouse and three other public places in this County

for three successive weeks before said day of settlement. It is further

ordered that Wiley Williams be and he is hereby appointed to act as

guardian ad sitem for and to protect the interests of Nancy, Edmond,

Elizabeth Matilda, John, Moses, Nace, Russell and William Harrison the

minor heirs of said deceased in all matters pertaining to this

settlement; And that said guardian ad sitem have due notice of his

appointment.

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September 10th 1866 Page 379, Vol. B

 

John A. Harrison, Deceased, Estate of

Partial settlement

 

Continued till the 2nd Monday in October 1866.

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October 8th 1866 Page 379, Vol. B

 

John A. Harrison, Estate of

As to annual settlement

 

Continued till the 2nd Monday in January 1867.

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January 14th 1867 Page 426, Vol. B

 

John A. Harrison, Deceased, Estate of

As to partial settlement

 

Continued till 19th February 1867.

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January 26th 1867 Page 430, Vol. B

 

John A. Harrison, Deceased, Estate of

Order setting day

 

James D. McLean administrator of said estate having this day files his

application, in writing and under oath, praying for an order and

proceedings to sell certain real estate, in said petition described, of

the property of said decedent at the time of his death, for the purpose

of paying the debts due from said estate upon the ground that the

personal property of said estate is insufficient for that purpose. And

it appearing from an inspection of said petition that the only heirs of

said deceased are his five children viz: Nancy and Edmond of full age,

John, Nace and Russell Harrison, minors under the age of fourteen, all

of whom reside in this County: It is therefore ordered, that the 19th

day of February 1867 be, and it is hereby appointed a day for hearing

the said application and the proofs which may be submitted in support of

the same. It is further ordered that due notice of the nature of said

application and of the time above set for the hearing thereof be given

at least three weeks before the said day of hearing by posting notice in

writing at the Courthouse door and at three other public places in this

County (there being no newspaper published in this County) for all

persons in interest to appear and contest said application, if they

thing proper. It is further ordered that Nancy and Edmond Harrison have

notice of this proceeding and of the day set for hearing the same by

citation to be personally served on them. And the said John, Nace and

Russel Harrison have the same notice by service of citation upon. It is

further ordered that Wiley Williams be and he is hereby appointed to act

as guardian ad sitem to represent and protect the interests of the said

John, Nace and Russell Harrison in this proceeding on said day of

hearing and that he have notice of his said appointment.

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February 19th 1867 Pages 438-439, Vol. B

 

John A. Harrison, Deceased, Estate of

Order to sell land

 

This being the day appointed more than three weeks since for hearing the

application of James D. McLean, administrator in this Court, of said

estate, for an order to sell certain lands herein after described for

the purpose of paying the debts due from said estate. Now comes the said

administrator and moves the Court that said application be granted: And

also comes Wiley Williams, who is not of kin to said administrator nor

in any way interested in this proceeding and who was heretofore duly

appointed and has consented to act as guardian ad sitem to represent and

protect the interests of John Harrison, Nace, Russell Harrison minors

who are interested in this proceeding. And the said guardian ad sitem

having filed his answer in writing as such guardian on the 2nd day of

February 1867 denying the allegations contained in said application and

the said Nancy and Edmond Harrison, having had notice strictly, and in

all respects, in accordance with the order of this Court, made and

entered in the premises proceedings on the 26th day of January 1867 as

is now shown, to the satisfaction of the Court, by due proof; also the

said minors: And it having been proven to the satisfaction of the

Court, by the oaths of Nace Russell and William Russell who are

disinterested witnesses and whose testimony has been taken by

deposition, and whose direct and cross interrogations as in chancery

cases and which testimony has been filed of record in this proceeding

that the personal property is insufficient to pay the debts of said

estate, and that it is necessary and will be to the interest of said

estate, that the lands described as follows, to wit: the NW 1/4 of SE

1/4 Sec 26 T3 Range 19 should be sold for the purpose of paying the

debts of said estate according to the prayer of said application being

only a small portion of the lands of said estate. It is therefore,

ordered, adjudged and decreed, that said application be granted; And

said administrator is hereby ordered to sell the above described land at

public outcry on the premises in manner and form as the law directs in

such cases after having first given notice for at least three weeks

successively, of the time, place and terms of the sale together with a

description of the property, by posting notice at the Courthouse and at

three other public places in this County. Said sale to be made on a

credit till the 1st January 1868 and to be secured at the law directs.

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February 19th 1867 Page 439, Vol. B

 

John A. Harrison, Deceased, Estate of

Partial settlement

 

This being the day set to hear and pass upon the account heretofore

filed by James D. McLean, as the administrator of said estate for a

partial settlement of his said administration thereof. Now comes the

said James D. McLean and moves the Court to proceed with such settlement

and that such account be passed and allowed. And it appearing to the

Court, from proper evidence, that due notice of the time and nature of

this settlement, has been given by posting notice for three successive

weeks at the Courthouse door and at three other public places in this

County, there being no newspaper published in this County, and Wiley

Williams who was heretofore appointed to act as guardian ad sitem for

and to protect the interests of John, Nace and Russell Harrison, the

minor heirs of said decedent in the pending settlement, now appearing in

open Court, consenting to act and contesting such settlement, the Court

proceeds to examine said account and to hear the proof in relation

thereto: Whereupon it is found that said administrator has received on

the assets of said estate the sum of three thousand three hundred and

sixty five and 25/100 dollars that he has justly expended in and about

the costs and charges attendant upon said administration, and in paying

the just debts of said deceased (which includes the value of negro Will

set free valued at $2000) the sum of three thousand six hundred and

eighteen and 50/100 dollars leaving the said estate in debt to the said

administrator in the sum of two hundred and fifty three and 25/100

dollars. It is therefore ordered, adjudged and decreed by the Court,

that said account be, and the same is hereby in all things passed and

allowed as above stated. It is further ordered, that said accounts,

vouchers, evidences and statements, together with all other papers on

file pertaining to this settlement and proceedings be recorded. It is

further ordered that said administrator pay the cost and expenses of

this settlement to be allowed to him against said estate.

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September 30th 1867 Page 476, Vol. B

 

John A. Harrison, Deceased, Estate of

Confirmation of sale

 

This day comes James D. McLean the administrator of said estate and

files his report in writing and under oath setting for this among other

things, that on the first Monday of April 1867 between the hours of

twelve o'clock and five in the afternoon in pursuance of law in said

cases made and provided and in compliance with all the terms and

conditions of the former order and decree of this Court which was the

decree of sale granted and entered in the premises on the 19th day of

February 1867 he proceeded and sold at public outcry in front of the

Courthouse of this County, the lands set forth and particularly

described in said former order and decree that said land was bid off and

purchased at said sale by William Russell for the sum of twenty seven

dollars. And it appearing to the satisfaction of the Court from said

report and from the evidence now therewith submitted, that said amount

so bid for said land by said William Russell was the highest and best

bid for the same: That said sum, so bid, was not greatly less or

disproportionate to its real value. That said sale was legally and

fairly made, conducted and concluded; and that the whole amount of said

purchase money has been paid in cash: It is ordered, adjudged and

decreed that said sale be, and the same hereby is approved and in all

things satisfied and confirmed by the order and authority of this Court.

It is further ordered, adjudged and decreed, that the said James D.

McLean, as such administrator, as aforesaid, be authorized and he is

hereby ordered to convey by proper deed, to the said William Russell,

all right, title and interest which the said John A. Harrison, deceased,

had in such lands at the time of his death. It is further ordered that

said report and all other papers on file relating to this proceeding be

recorded. It is further ordered that said administrator pay the costs of

this proceeding to be allowed to him against said estate.

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