Subj:  Re:  Your query posted on Noxubee County

Date:  10/29/99

From:  earphoto@gonetgo.com (E. Annette Rose)

To:  Famtreenow@aol.com

 

I am related to James P. Haynes...From records that I have, your Gabriel [sic] was married to a woman named Wilmoth...after he died, she married one of my distant relatives:

 

Know all men by these presents that we James P. Haynes, Wilmoth Haynes his wife, Charles Harless, J. B. Covington, all of the county of Noxubee and State of Mississippi are held and firmly bound unto Reuben Ruff Judge of Probate in and for said county and his successors in office in the penal sum of Five Thousand Nine hundred & fifty & 20/100 dollars which payment will and truly to be made we bind ourselves our heirs executors and administrators jointly severally and firmly by these presents sealed with our seals and dated this 7th day of February AD 1848.

 

The condition of the above obligation is such that if he said James P. Haynes & Wilmoth Haynes guardian of Deucice A. A. Lincecum by election & Grabel E. P. W. Lincecum by appointment minor heirs of Grabel Lincecum deceased shall faithfully account with the Probates Court of Noxubee County is directed by law for the management of the property and estate of the orphans under their care and shall in all respects perform the duty of guardian to the said Deucice A. A. Lincecum & Grabel E. P. W. Lincecum according to law and then the above obligation to be void; otherwise to be and remain in full force and virtue.

 

I approve the above:  James P. Haynes

bond & securities:  Wilmoth Haynes

R. Ruff Judge     C. Harless

of Probates     J. B. Covington

 

The State of Mississippi:  To all whom these present shall come

Noxubee County:  Greeting -- Know ye that James P. Haynes & Wilmouth Haynes (sic) his wife have been appointed by the orphans court of said county guardians to Deucia A. A. Lincecum (sic) & Grabill E. P. W. Lincecum (sic) minor heirs of Grabel Lincecum deceased and are therefore hereby authorized and required they the said James P. Haynes & Wilmouth [sic] Haynes are required to discharge in all respects the duties of guardian to the said Deucia A. A. Lincecum & Grabel E. P. W. Lincecum miner [sic] as aforesaid according to law.  Witness Reuben Ruff, Presiding Judge of the Probate Court of the County of Noxubee this 7th day of February AD 1848.  C. G. Bowen

The foregoing letters of guardianship was duly recorded 20th March AD 1848.  C. G. Bowen

 

In the matter of the petition of Jackson Huckaby & his wife Elizabeth for division for the real & personal estate of Grabel Lincecum deceased:

 

On reading & filing the petition it appearing to the satisfaction of the court that the said Elizabeth is one of the heirs & legatees of the said Grabil [sic] dec'd & that by her intermarriage with the said Jackson Huckaby she is of age in law to entitle her to demand & claim a division of said estate and an allotment & distribution of her share thereof and it also appearing to the satisfaction of the court that the other heirs & legatees had accepted & waived the notice & service of said petition in the following words to wit:

 

"We James P. Haynes & his wife Wilmoth late Wilmoth Lincecum, T. H. Lincecum, Bently [sic] Case Lincecum, John G. Nordike & Wilmoth M., his wife, late Lincecum, Ducy Ann Amanda Lincecum & Grabel E. Lincecum, legatess under the last will & testament of Grabel Lincecum deceased, do hereby accept servis (sic) & waive notice of the petition of Jackson Huckaby & his wife Elizabeth for distrabution [sic] of the estate of the said Grabel and consent and agree that commissioners may be appointed without further notice to divide and distribute said estate in persuance to said will & according to law in this behalf made & provided December 29, 1847.

J. G. Nordike

Wilmoth Marcella Nordike

B. C. Lincecum

James P. & Wilmoth Haynes and we further assign for Grabel E. Lincecum as natural guardian.

Haywood T. Lincecum

James P. Haynes guardian for Ducy Ann A. Lincecum

 

It further appearing the Ducy Ann Amanda Lincecum & Grabel E. Lincecum are minors under the age of 21 years & incapable of taking care of their interest in said division, it is therefore ordered that James P. Haynes & Wilmoth Haynes his wife be & they are hereby appointed guardian AD Litum of the said Lucy [sic] Ann Amanda Lincecum & Grabel E. Lincecum to take care of & protect their interest in said division & to receive their share & portion of the same.

 

It is thereupon ordered that Thomas J. Riley, Stephen E. Nash, James H. Gilmore, Charles Harless, & Bushrod White, disinterested freeholders of said County or a Majority of them be appointed commissioners & as such they are hereby ordered & directed to divide the said Estate of the said Grabel Lincecum both Real & personal as follows:  John aged 50 years, George, Dennis, Levi, Bob, Puit, Adam, Gadsby, Richard, Judy & his (sic) child, Mary & child, Maria, Matilda, Martha, Hannah, Eliza, Jane, 46 head of cattle, 2 yoke of oxen, one bay horse, 1 bay mare & colt, 1 bay mare & colt, 1 brown bay mare & yearling colt, 1 bay mare & yearling colt, 1 bay colt, 1 gray filly, 1 "Do", 1 bay mare, 1 iron gray horse, 1 sorrel horse, 1 brown horse, 1 ox wagon, 1 ox wagon, 1 two horse pleaure [sic] carriage, 1 lot plows, 2 grubbing horses, 7 weeding hoes, 4 axes, 3 plows, 2 bedsteds [sic] & furniture, 1 large tubb [sic], 2 bedsteads & furniture, 1 clock, 1 set silver spoons, 11 tea spoons, 1 lot crockery & glass ware, 1 rifle gun, 1 double barrel shot gun, 1 pr. five irons, 1 lot castings, 10 chains & the increase of the fertales (sic) of the slaves above & the following Real Estate to wit:

 

The east half of section No. 23 in Township 16 Range 15 East in said County of Noxubee equally between the said Haywood T., Bartley, the said Elizabeth, Wilmoth M., Ducy Ann Amanda & Grabel E., legatees under the last will & testament of the said Grabel being in six equal parts & to allot & set off to the said parties their shares of the said Real Estate by meets & bounds & also to divide the said personal estate & the increase thereof in six equal shares a[s af]orsaid in persuance of the will aforesaid & set apart each legatee equal share thereof.  And that the said James P. & Wilmoth Haynes executor & executrix of said decedent distribute among said legatees their respective shares of said personal estate their [sic] divided & allotted by said commissioners requiring if they think proper bonds conditioned thatif [sic] said personal estate shall be found charges legally incured [sic] in settling said estate the said distributee will refund his, or their, ratiable proportion of the amount necessary for the payment of said debts & charges.

 

That the said commissioners give five days notice of the time & place of assmebling to the said legatees of age & with this State & to the guardians of such as are under age; and that they make return under oath a full report of their proceeding under this order certified under their hands seals to the next term of this court.

 

The State of Mississippi:  Charles G. Bowen clerk of Noxubee County:

the Probate Court of said County & State do hereby certify that the foregoing order from the minutes of the said Court is true copy pages 611, 612 & 613.

Given under my hand and official seal at Macon Miss. this 4 day of January AD 1848.     C. G. Bowen, Clerk

 

******************

The Commissioners were appointed, cited, and ordered to fulfill the order January 13, 1848.  J. D. Willborn, sheriff by Jessee Blythe, deputy.

**********************************************

 

[All of the above was taken from the Probate Court Records book A, Noxubee County, Ms...copied and transcribed by E. Annette Rose, 1996]

 

E. Annette Hudson Rose

37900 Rd 86

Dinuba, California  93618

559 591-1979

earphoto@gpnetgo.com

http://members.wbs.net/homepages/e/a/r/earphoto.html

Researching:  BEASLEY, DURST, ENGLISH, GREER, HAYNES, HUDSON, LEDBETTER, PATE, STEVENS, and others.

CC Noxubee Co., Ms., http://www.rootsweb.com/~msnoxubee/index.html

Past Editor, HFA Bulletin

HFA homepage http://hudson-family-assoc.rootsweb.com

 

[An addition was later discovered at the Noxubee County, Mississippi (Rootsweb? GaGenWeb?) County Page -- http://www.rootsweb.com/~msnoxube/rbb2.html -- printed 28 June 2004]

 

January 13, 1848 the Commissioners me, surveyed the land, and divided it into 6 equal parts, having regards to quality & quantity...they divided the E 1/2 of Section 23, T16 R15E.

 

On the same day, they "caused to be assembled & collected, all of the negro slaves & other personal property remaining subject to division & distribution..."

 

In six equal shares according to value, they designated said shares an No. 1, 2, 3, 4, 5, & 6, and set them off as follows:

 

No. 1 was allotted & assigned to Haywood Lincecum

No. 2 was allotted & assigned to Elizabeth Huckaby

No. 3 was allotted & assigned to Wilmoth M. Nordike

No. 4 was allotted & assigned to Ducia Ann A. Lincecum

No. 5 was allotted & assigned to Grabel E. Lincecum

No. 6 was allotted & assigned to Bartley C. Lincecum

 

To equalize value, Jackson & Elizabeth Huckaby was to pay Bartley seventy dollars & seventy five cents and that the said Jackson & Elizabeth Huckaby pay Eplurebus Lincecum or his guardian twenty dollars & 75/100 said J & E Huckaby pay to Haywood twenty five dollars & 75/100.  Ducy Ann pay Haywood four dollars 25/100.

 

Your Honorable Court will see that we the undersigned commissioners met at the place designated and proceeded to business and made a division of the negroes as you will see in Schedual [sic] B.  the following negores has been sold since the death of said decedant, Boy Dennis, sold by the widow, also Boy Bob and Mariah, by Haywood, the following is a list of them that died since death of Dec'd, George, Gosby, Judy, & Pate.  We formed no perishable property only that which is claimed by Mrs. Haynes.  It cannot be divided advantageous it is the property of which thereby setting the value of each of said 6 shares at $1,495.75 the total amount being $8, 974.50.

 

And your commissioners now fully discharged the duties enjoined upon them by said commission & having fully reported their proceedings under and by authority thereof be to be discharged.

 

Given under our hands and seals this 13 day of January AD 1848.

James H. Gilmore

Thomas Riley

C. Harless

B. W. White

 

(I chose not to copy the entire schedual [sic]...there is more later...)

These transcriptions are copyrighted by E. Annette Rose ? Jan. 2000