The Estate of Elisha J. Blevins (1826 - 1862)

    This sections contains a chronological list of the events pertaining to the settlement. The information is from Probate Minutes books located in the Morgan County Courthouse in Decatur. The book, page number, and date is cited; followed by a synopsis of the contents of the entry.

Probate Minutes Book 19, page 85; 12 Jul 1862

William Ryan applies and is approved to be the administrator of the estate. Thomas Ryan and James H. Ryan act as securities.

Probate Minutes Book 19, page 86; 21 Jul 1862

William Ryan is authorized to sell at auction the personal property belonging to the estate to cover Elisha's outstanding debts.

Probate Minutes Book 19, page 119; 25 Nov 1862

William Ryan makes a report to the Probate Court of the sale of Elisha J. Blevins' personal property.

Probate Minutes Book 19, page 359; 20 Nov 1865

William Ryan makes an application to sell the land belonging to Elisha J. Blevins because the money received for the sale of his personal property is not enough to cover his debts. The land in question is 12 acres located in the Northwest Corner of Section 30, Township 7, Range 1, West. On this land is located a steam operated sawmill and a gristmill.

All of Elisha's children are mentioned in this entry: William, John, James, Mary, Elijah, George, Elisha, and "Abram." The widow Nancy is also mentioned.

Samuel S. Morrow is appointed temporary guardian of the children's interest in the estate. He consents to represent the children at the hearing to be held on the first Monday in January, 1866.

Probate Minutes Book 22, pages 16-22; 20 Nov 1865

William Ryan applies to sell Elisha's land. The Court orders all parties to appear at the court house on the first Monday in January (1866). Ryan reports that Elisha Blevins died largely in debt and that his personal estate is insufficient to pay off all his debts. Ryan states that he needs to sell the land to pay the remainder of the debts.

Probate Minutes Book 22, pages 18; 20 Nov 1865

Through their guardian, Samuel S. Morrow, the children say they know nothing of the matter and pray to be discharged. The Court issues a Sheriff's Citation for the children to appear at the Court House in Somerville on the first Monday in January to show why the sale of the land should not be granted. The widow Nancy is ordered to appear through a separate citation.

Probate Minutes Book 22, page 19; 11 Dec 1865

Josiah McCutcheon and James McAnier are appointed witnesses on behalf of the plaintiff (Elisha J. Blevins). The heirs are the defendants. The interrogation of McCutcheon and McAnier is to be used as evidence in the hearing set for the first Monday in January.

Probate Minutes Book 22, page 20; 23 Dec 1865

McCutcheon and McAnier are interrogated. They are asked if they know about the land, if they know about the widow and the children, if they know if the estate is largely in debt, and if they know that the sale of Elisha's personal estate is insufficient to settle his debts. McCutcheon and McAnier answer in the affirmative to all the questions.

Probate Minutes Book 19, page 388; 30 Dec 1865

Forty days has elapsed since William Ryan's original application for the sale of the land, sawmill, and gristmill. The Probate Court approves the application for the sale.

Probate Minutes Book 22, page 22; 1 Jan 1866

The Court is satisfied with Josiah McCutcheon and James McAnier's testimony and orders the sale of the land. As the children's representative, Samuel Morrow denies the allegations.

Probate Minutes Book 21, page 14; 14 May 1866

William Ryan reports that Elisha J. Blevins' estate is insolvent. Ryan files a statement of Elisha's goods and chattels, evidences of debt, and other personal property with an estimated value of each, and the amount of money belonging to the estate; a full statement of real property, location, and estimated value; a statement of claims against the estate, the character and amount of the claims, and the name and residence of each creditor. The court orders that publication of the matter take place for three successive weeks in The Huntsville Independent, a weekly newspaper published in Huntsville, Alabama. The court sets the first Monday in July to determine the correctness of the report. (Note: The Huntsville Public Library has microfilm copies of many issues of the Huntsville Independent, but issues from the summer of 1866 are missing).

Probate Minutes Book 22, page 308; 14 May 1866

Ryan reports on the estate insolvency. A detailed list of debtors and creditors is submitted. A Partial List of Elisha's Property and Amount of Money Raised from Sale of Property Belonging to Estate Extracted from the Probate Minutes:

Probate Minutes Book 21, page 34; 2 Jul 1866

The Probate Court orders a continuance of the hearing until the third Monday in July.

Probate Minutes Book 22, page 309; 2 Jul 1866

The Court orders a continuance. (Note: Different Morgan County Probate Minutes Books cover the same time period. Some of the entries are similar, if not duplicated. This is to explain why the number of the Minutes Book skips around. However, the chronological order of the events is preserved.)

Probate Minutes Book 21, page 42; 16 Jul 1866

The Probate Court declares the estate of Elisha J. Blevins insolvent. After publication of the matter for four weeks in The Huntsville Independent, William Ryan is ordered to appear the first Monday in September to make a settlement of the accounts.

Probate Minutes Book 22, page 310; 16 Jul 1866

The Court declares the estate insolvent. A detailed list of people and the amounts they owe the estate is recorded.

Probate Minutes Book 21, page 71-72; 3 Sep 1866

William Ryan has received $3,418 in Confederate States Treasury Notes. He exchanges $2,000 in this money for $100 in United States Treasury Notes. He declares to the Court that he has not used the balance of the Confederate States Treasury Notes. The Court orders that Ryan shall not be held liable to account for the Confederate States Treasury Notes. The Probate Court finds that Ryan is chargeable with $3,990.80 and entitled to credits of $3,775.26, leaving a balance of $215.54. The Court approves Ryan to continue as administrator of the estate.

Probate Minutes Book 22, page 311-2; 3 Sep 1866

(Report is similar to the one above).

Probate Minutes Book 21, page 73; 4 Sep 1866

William Ryan files a report of the property in his possession.

Probate Minutes Book 22, page 313; 4 Sep 1866

(Report is similar to the one above).

Probate Minutes Book 25, page 312; 18 May 1869

William Ryan, having filed an account for final settlement and distribution of monies among the various creditors, files for resignation as administrator of Elisha J. Blevins' estate. The Court orders publication for interested parties in the Decatur newspaper, The Alabama Republican. Green P. Rice is appointed guardian for the children. (Note: Green P. Rice, Jr. was a lawyer practicing in Somerville. His father, Green P. Rice, Sr. was prominent in early Alabama politics).

Probate Minutes Book 27, page 289; 18 May 1869

(Report is similar to the one above).

Probate Minutes Book 25, page 342; 28 Jun 1869

A continuance is ordered in the final settlement until the second Monday in July.

Probate Minutes Book 27, page 290; 28 Jun 1869

Similar to the report above, the court orders final settlement continued until the second Monday in July. William Ryan makes a list of the claims versus the credits to the estate. Page 291 lists the children and mentioned the widow. Ryan says the widow and the children are the sole beneficiaries.

Probate Minutes Book 25, page 350; 12 Jul 1869

The Court orders A.C. Thomason, the General Administrator of Morgan County, appointed administrator of Elisha's estate. Final settlement of the estate is continued to 14 Jul 1869.

Probate Minutes Book 25, page 350; 14 Jul 1869

William Ryan is charged with the sum of $450.63 and is entitled to credits of $276.50, leaving a balance of $174.13. Probate Judge Jonathan Ford takes receipt of the balance (recorded 20 Jul 1869). The Court accepts Ryan's resignation as the administrator of Elisha's estate. Ryan is officially discharged from that office.

Probate Minutes Book 27, page 291; 14 Jul 1869

The Court accepts Ryan's resignation and is satisfied with the settlement. The settlement is recorded.

Probate Minutes Book 31, page 239; 31 Aug 1874

The Court issues a citation to A.C. Thomason, Elisha's new estate administrator, to appear before the Probate Judge on Monday 14 Sep 1874 at the office in Somerville and file an account and vouchers and make a final settlement of the estate.

Probate Minutes Book 31, page 239; 14 Sep 1874

The Court orders the citation continued until 5 Oct 1874.

Probate Minutes Book 31, page 247; 16 Dec 1874

A.C. Thomason is officially removed from office as General Administrator of the County and as administrator of Elisha's estate. Thomason failed within one month after his removal from office to file an account, vouchers, evidence, and statements. The Court states an account against Thomason from materials in the Probate Judges office, "...charging him with such articles as have come to his hands." The Court orders the fourth Monday in January (1875) set for examination and auditing of the account. The Courts orders publication in The Decatur News for three weeks notifying Thomason to appear at the court house and show cause why the accounts should not be allowed. (Note: The Morgan County Probate Judges' Office lost any archived copies of newspapers in a fire which occurred in the early 1920s. The Alabama State Archives in Montgomery does not have copies of The Decatur News).

Probate Minutes Book 34, page 106; 25 Jan 1875

Edward Oden presents a petition to the Court to become administrator of Elisha's estate. Probate Judge David Day accepts the petition and installs Oden as administrator.

Probate Minutes Book 39, page 151; 25 Jan 1875

The Court is satisfied with the account against Thomason. Thomason is found in debt to the estate for $196.34 beyond the sum justly expended by him. The Court orders Oden to recover the money from Thomason.

The amount received by Probate Judge Ford on 20 Jul 1869 was $174.13. The interest accrued to date added $76.61 to the original amount for a total of $250.74. From this amount, the following is taken out:

The remainder (subtracting 54.40 from 250.74) is $196.34.

Probate Minutes Book 31, page 268; 10 May 1875

The Court records that on 25 Jan 1875, Edward J. Oden, newly appointed administrator of Elisha's estate, obtained a decree against A.C. Thomason, former administrator of the estate for $196.34, executed against Thomason on 2 Feb 1875 and delivered to the sheriff on 3 Feb. The sheriff returned the citation endorsed, "...to property found belonging to said Thomason to make said debt or any part thereof." The Court orders a claim against Thomason and five others who signed a bond with him (sureties). The Court orders the parties to return to court on the second Monday in August 1875.

Probate Minutes Book 39, page 213-4; 5 Mar 1877

Oden presents the final accounting of Elisha's estate. The Court orders publication in The Decatur News. John R. Fowler is appointed guardian of the children. The parties are ordered to return to court on 2 Apr 1877. The remaining minor children are mentioned: Mary C., Abraham P., and Elisha W. Blevins.

The enumeration of the final estate settlement is recorded. The total amount collected from Thomason in 1877 was $207.29. From this amount, the following is taken out:

The remainder (subtracting $65.15 from 207.29) is $142.14

Probate Minutes Book 39, page 213; 2 Apr 1877

Nearly 15 years after his death, Elisha J. Blevins' estate is finally settled. The Court finds Oden indebted to the estate for $142.14. This amount is divided eight ways among Elisha's children. They each receive $17.76. The older children, many of whom are married now, receive their money immediately. The widow Nancy receives the money for Abraham P. and Elisha W. much later on 16 Jan 1879. Elisha J. Blevins' only daughter, Mary C. is the last to receive her money from the estate on 28 Mar 1879.

Probate Minutes Book 36, page 103; 16 Jan 1879

Elisha's widow, Nancy, is appointed guardian of the two youngest children--now in their late teens--Abraham and Elisha. (On this day, as mentioned above, Nancy also receives their share of the estate settlement).

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