Guardianship papers of the estate of Jesse Miller Sr., deceased
Bibb County, Alabama. Book 11 Folder 62
Transcribed by Becky Madruga
9/16/1872 ~ Eady Miller Bond as guardian of the estate of Miss Ann Miller and others. The State of Alabama, Bibb County. Know all men by these presents that we, Eady Miller, Theopholis Miller and Jesse Miller are held and firmly bound unto Jackson Gardner, Judge of Probate Court of the County aforesaid, in the sum of eighteen hundred dollars, to be paid to the said Jackson Gardner or to his successors in office, to which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, jointly, severlly and firmly, by these presents: Sealed with out seals and dated this 16th day of September, AD eighteen hundred and seventy two. The condition of the above obligation is such, that whereas the above bound Eady Miller has been duly appointed guardian of all and singular the goods and chattels Rights and credits of Ann Miller, Ellen Miller and Siny Miller, minor heirs of Jesse Miller Sr., deceased. Now if the said Eady Miller shall well and truly perform all the duties which are or may be by law, required of her as such guardian then the above obligation to be void, otherwise to remain in full force.
Signed sealed and acknowledged in open court before me, Attest: Jackson Gardner Judge of Probate. Approved the 16th day of September 1872. Signed Jackson Gardner, Judge of Probate.
9/24/1872 ~ Notice. Eady Miller vs. Mary Miller to be executed on her 10 days before the 14th day of October 1872 by 10 o'clock of said day. Received 30th September 1872 and executed by copy on Mary Miller October 3, 1872.
Signed J. A. Skelton sheriff. Tuscaloosa County, Alabama.
The State of Alabama, Bibb County, To any sheriff of said State you are hereby commanded to notify Mary Miller to be executed upon her ten days before the 14th day of October 1872 that Eady Miller, guardian of of the person and estates of Sarah Ann Miller, Mary E. Miller and Cenid Miller minor heirs of the estate of Jesse Miller, deceased. that at a special term of the Probate Court of said County held on the 16th day of September 1872 presented to said court a paper purporting to be the last will and testament of the said Jesse Miller Sr. deceased, and made application to said court to have said paper writing probated as such and the court has set the 2nd Monday in October 1872 it being the 14th day of said month at my office in Centerville at which time and place you can attend and show cause why such last will and testament of said Jesse Miller Sr. deceased, should not be probated as such and make due return to this office how you have executed this notice given under my hand at office in Centerville September the 24th 1872.
Signed Jackson Gardner, Judge of Probate.
10/14/1872 ~ Eady Miller vs Mary Miller to be executed ten days before the 28th October 1872. Returnable 28th October 1872 by 10 o'clock. Received 15th October 1872 by J. A. Skelton, sheriff. and executed same day by handing Mary Miller a copy of the within notice. Signed J. A. Skelton, sheriff, by J. K. Skelton, deputy sheriff. Tuscaloosa County, Alabama.
The State of Alabama, Bibb County. To any sheriff of said State, you are hereby commanded to notify Mary Miller to be executed upon her ten days before the 28th day of October 1872 that Eady Miller guardian of the person and estate of Sarah A. Miller, Mary E. Miller, and Cenid Miller minor heirs of the estate of Jesse Miller sr. deceased and that a special term of the Probate Court of said County held on the 16th day of September 1872 presented to said Probate Court a paper purporting or a petition asking the Court to Probate a non cupatincell of the said Jesse Miller Sr. and asking the Court to establish said will and the court has set the 28th day of October 1872 at day aforesaid Centerville at which time and place you can attend and contest the same if you should think proper to do so. Witness my hand this 14th day of October 1872. Signed Jackson Gardner, Judge of Probate.
10/28/1872 ~ Edy Miller vs. Marnie? Miller. Witness for defendant. E. R. Clements, John Lowery, and L. C. Pratt. To attend on Monday 4th day of November 1872. We hereby accept service of the within subpoena on this 28th day of October 1872. Signed L. C. Pratt, J. Lowrey, E. R. Clements.
The State of Alabama, Bibb County, To any sheriff of the State you are hereby commanded to summons E. R. Clements and John Lowery, and L. C. Pratt to attend on Monday the 4th day of November 1872 as witnesses on behalf of defendant in a case now pending in the Probate Court of said County wherein Eady Miller is Plaintiff and Marnie Miller defendant. Herein fail not and have you return and attend this writ. Witness my hand on tis 28th day of October, 1872. Signed Jackson Gardner, Judge of Probate.
9/20/1874 ~ Sarah A. McCully, Margaret E. Cook, estates of. Eady Miller account for final settlement of guardianship. To be entered September 21, 1874. Edy Miller as the guardian of the person and estate of Sarah Ann McCully now the wife of Robert R. McCully in account current on final settlement of her guardianship of said estate to wit: No amount new from the estate of Jesse Miller, decd. on final settlement in same. $500.00
The Guardian claims credits for the balance sums of which paid to Sarah Ann McCully and her husband Robert R. McCully. Voucher 1 ~ $500.00
Sworn to and subscribed before me this 21st day of September 1874. Jackson Gardner, Judge of Probate.
Edy Miller as guardian of the person and estate of Margaret Ella Cook now the wife of George W. Cook in account current on final settlement of her guardianship of said estate to wit: To amount from the estate of Jesse Miller, deceased. $500.00
The guardian claims credits for the following amount paid said Margaret Ella Cook and her husband George W. Cook as per voucher No. 1 ~ $500.00
Sworn to and subscribed before me this 20th day of September 1872 [sic 1874]. Jackson Gardner, Judge of Probate. We the undersigned hereby waiver all legal notice of the within settlement and accept service of the sum and agree that this account may be entered up as states of this date September 21, 1874.
Attest. Thomas J. Smitherman.
9/21/1874 ~ Margaret E. Cook, estate of, Edy Miller, Guardian. Received Centerville, Alabama, September 21, 1874 of Ey Miller as the Guardian of the person and estate of Margaret Ella Cook five hundred dollars in full satisfaction of my distributive share of the estate of Jesse Miller, deceased. Attest: Thomas J. Smitherman.
9/21/1874 ~ Sarah A. McCully estate of. Edy Miller Guardian. Received Centerville, Alabama,September 21, 1874 of Ey Miller as the Guardian of the person and estate of Sarah E. McCully five hundred dollars in full satisfaction of my distributive share of the estate of Jesse Miller, deceased.
Attest: Thomas J. Smitherman.
Signed: Eady her X mark Miller, T. Miller, and Jesse Miller.
Eady her X mark Miller
Eady her X mark Miller.
Signed: George W. his X mark Cook, Margart her X mark Cook, R. R. McCully and S. A. McCully.
Signed Margaret E. her X mark Cook and George his X mark W. Cook.
Signed: R. R. McCulley and S. A. McCully.