compiled &contributed by Jerry L. Segars, OCT 2004
Orphan's Record Book 9, pp. 719-720
The State of Alabama
Probate Court January 15th 1859 present and presiding J. Williams Judge of said court.
1. To Honorable J. Williams Judge of Probate for said County of Barbour State of Alabama - Your petitioner Britton Heath Admr (Administrator) of Isaac Heath respectfully shows unto your honor that his said intestate died seized of these lands to wit: The N 1/2 of SW 1/4 & S 1/2 of SE 1/4, Section 16, Township 9, Range 26, containing 160 acres more or less in Barbour County, Alabama.
2. Petitioner further shows that it is necessary to sell said lands for the purpose of a distribution among the heirs of said estate as the same can not be fairly and equitably done without a sale thereof and he prays your honor to grant him an order allowing him to do so on such terms as your honor may deem proper.
3. That the heirs of said estate are Elizabeth Williamson wife of William Williamson, Green Heath who resides in Dale County of said State, Britton Heath who resides in Coffee County, Alabama, Miles Heath who resides in Pike (sic Barbour) County, Alabama, Thomas Heath and John L. Heath who reside in Caddo Parrish, Louisanna and Sarah Kelly wife of William Kelly who resides in Coosa County, Alabama; all of whom are over the age of twenty one years of age.
Before me, F.M. Wood Register in Chancery, personally came Britton Heath who being duly sworn said that the facts in the foregoing petition are true as therein stated - Sworn to and subscribed before me this the 20th day of January 1859.
//signed// Britton Heath
//signed// F.M. Wood, Register
Isaac was on the 1830 US census in Pike County, Alabama. His son, Britton, was married in Upson County, Georgia in 1831. Isaac was not on the special census taken to form Barbour County, Alabama in 1833, but he was on the 1840 census in that county. Britton was on the 1840 Russell County, Alabama census.
In "Rural Land Owners of Barbour County, (Alabama)" we find "Heath, I., Issac. 16-9-26. Isaac Heath, b. ca 1787 NC, d. by Dec. 1858, (OR 9, p. 469). No wife named in his estate."
Isaac's son-in-law, William Kelly and Isaac's daughter Sarah and Martha Kelly, age eleven, were living in Barbour County, Alabama with Isaac in 1850 when the census was taken. Isaac's daughter, Sarah, apparently married William Kelly, a much older man than she. Martha must have been William's daughter from a previous marriage. By December 1858 when Isaac died, Sarah was living in Coosa County, Alabama north of Montgomery.
Isaac was a "Miller" by profession.
Descendants of Isaac Heath
1 Isaac Heath 1787 - 1858
........ 2 John L. Heath
........ 2 Elizabeth Heath
........ 2 Britton Heath 1808 - 1870
............ +Rebecca Digby 1812 - 1880
........ 2 Miles Heath 1819 - 1901
............ +Jennet "Jane" Carroll 1819 - 1899
........ 2 Green Heath 1821 -
............ +Bethena Flowers 1825 -
........ 2 Emanuel Heath 1822 -
............ +Sarah Carroll 1821 - 1850
........ *2nd Wife of Emanuel Heath:
............ +Elizabeth Rogers 1830 -
........ 2 Thomas Heath 1825 -
........ 2 Sarah Heath 1830 -
............ +William Kelly 1804 -
November 20, 1901
Your petitioners, Isaac Heath and Willis Heath of Geneva County, Alabama; Edy Heath, Lidia Helms, Patsy Heath, Eli Heath and Charlie Heath of Barbour County, Alabama; Monroe Heath, Alex Heath, Ellen Hooten (Wooten) (sic), Lessie (sic) (Melissa) Heath, and Martin Heath of Coffee County, Alabama; respectfully show unto your Honor:
1st That your petitioners together with Tom Heath, Nettie Heath, and Lorena Heath each under fourteen years of age and reside with their mother, Rebecca (Kent) Heath, in Coffee County, Alabama are the joint owners of the following described realty lying in Barbour County, Alabama to wit: S1/2 of SW1/4, NW1/4 of SW1/4 of Section 34, SE1/4 of SE1/4 of Section 33, all in Township 9, Range 26, and SW1/4 NW1/4, SE1/4 of NW1/4 and N1/4 and N1/2 of NE1/4 of SW1/4 of Section 9 Township 8, Range 26.
2nd That the interest of each is as follows: Isaac Heath, Willis Heath, Edy Heath, Lydia Helms, Patsy Heath, Eli Heath and Charlie Heath each 1/8; Monroe Heath, Alex Heath, Ellen Hooten (sic - Wooten), Lessie (sic - Melissa), Martin Heath, Tom Heath, Nettie Heath, and Lorena Heath each 1/64.
3rd That said realty cannot be equitably partitioned without a sale. Wherefore petitioners pray your Honor to decree the said realty to be sold for division and they further pray for all such orders and decrees as may be necessary in this proceeding.
George W. Peach
Attorney for Petitioners
Attorney E.P. Thomas was appointed guardian ad litem for the three minor children of Henry Heath to represent their interest in the proceedings.
The court heard the petition on December 20, 1901. The judge ordered J.J. Adkinson to " . . . sell said land at public outcry after first giving notice of the time (and) place and terms of the sale and description of the land to be sold by advertisement for three consecutive weeks in the Clayton Record a newspaper published in said county. . . ." The land was sold on January 25, 1902. Edy Heath was the only family member to purchase any of the property. She was the successful bidder for the SE1/4 of SE1/4 of Section 33, Township 9, Range 26. The court approved final settlement on February 6, 1902. The net proceed from the sale of Miles Heath's vast property holdings was $1,716.80.
Miles, Jennette, and the last four children remaining at home; Edie, Patsy, Eli, and Charles are listed on the 1880 US Census, Cox's Mill Community, Barbour County, Alabama. Miles and Jenette's birthplace is from this census.
June 1, 1900, Miles Heath, age 81, a widower and two daughters: Edie (sic) born January 1846 and Patsy born August 1855 lived in the Cox's Mill Community, Barbour County, Alabama when the census was taken.
"The Clayton Record" (newspaper)
Thursday, February 14, 1901
" Mr. Miles Heath, an old citizen of Alston in Barbour County, (Alabama) died Thursday (previous) from la grippe."
Miles and Jennette are buried in marked graves at Antioch Premitive Baptist
Church near Texasville, Alabama.
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