PROBATE OF THE ESTATE OF

NATHANIEL BROUGHTON (1768-1852)




Transcribed by Herbert W. Broughton (with notes of interest at end of documents)
January 19, 1999 from the Order Books and Inventory Books of Monroe County, Alabama
 
 

November 3, 1852 - (Order Book #2, p. 441)
NATH'L BROUGHTON dec'd - Estate of
This day came CHAS. R. BOUGHTON and made application for letters of Administration on the estate of NATHANIEL BROUGHTON, dec'd and no objection appearing to said application and he having qualified & entered into Bond in the sum of One thousand eight hundres Dollars with W. H. ALDRIDGE & E. W. ROBERTS as securities, which is hereby approved.  It is therefore Ordered and decreed that the said CHAS. R. BROUGHTON be and he is hereby appointed Admr. on the Estate of NATHANIEL BROUGHTON, dec'd and that Letters issue accordingly - Ordered that E. W. ROBERTS, L. B. ROBBINS & L. MYERS be and they are hereby appointed appraisers of the Estate of NATH'L BROUGHTON, dec'd.
 

November Term 1852 - (Order Book #2, p. 445)
NATH'L BROUGHTON, dec'd - Estate of
This day came CHAS. R. BROUGHTON & tendered in writing his resignation as Admr of the Estate of NATH'L BROUGHTON, dec'd.  It is therefore Ordered that said resignation be accepted and placed on file.  Then came JESSE THAMES and made application for Lettersof Administration on said Estate and no objection appearing to said application and he having qualified & entered into Bond in the sum of Six thousand eight hundred Dollars with C. R. BROUGHTON and E. W. ROBERTS as securities which is hereby approved.  It is therefore Ordered & Decreed that said JESSE THAMES be & he is hereby appointed Admr de bonis non on the Estate of NATHANIEL BROUGHTON, dec'd and that Letters issue accordingly.
 

December Term 1853 - (Order Book #2, p. 543)
NATH'L BROUGHTON, dec'd - Estate of
Ordered that the Inventory of the Estate of NATH'L BROUGHTON dec'd as this day returned by JESSE THAMES Admr be received, recorded & placed on file.
 

December 12, 1853 - Filed - (Inventory Book "C", p. 88)
A true and perfect inventory of the Estate of NATHL. BROUGHTON, dec'd on this day made by JESSE THAMES, Admr to Wit:
Amt. received of GEORGE CLOTHIER, sheriff of Monroe County, on the case of NATH'L BROUGHTON vs Wm. F. ANDRESS, Dec. 12/53    $486.35

The State of Alabama - Monroe County
Before me, CHAS.H. FOSTER, Judge of Probate of said county personally came JESSE THAMES, Admr on the Estate of NATHL. BROUGHTON, dec'd and made oath that the above is a true and perfect inventory of all the personal property in this State that has come to his possession.
 JESSE THAMES
Sworn to & subscribed
December 12th, 1853
C. H. FOSTER, Judge
 

June Term 1855 - (Order Book #3, p. 99)
NATH'L BROUGHTON, dec'd - Estate of
Ordered that M. P. STEVENS, W. H. ALDREDGE & C. R. BROUGHTON be & they are hereby appointed appraisers of the Estate of NATHANIEL BROUGHTON, dec'd.
Ordered that the Inventory & appraisement of the Estate of NATH'L BROUGHTON, dec'd be received, recorded & placed on file.
This day came JESSE THAMES, Admr on the Estate of NATHL BROUGHTON, dec'd and filed his petition (under oath) setting forth that it is necessary to sell all the personal property of said Estate in order to pay the debts a/c. and praying for an order of Sale.  Whereupon it is Ordered by the Court that the second Monday of July next be appointed for the hearing of said Petition and that notice thereof be given by publication in the "Claiborne Southerner" for three successive weeks so that all persons concerned in adverse interest may appear & contest the same if they think proper.
 

June 12, 1855 - Filed - (Inventory Book "C", p. 342)
A supplemental Inventory and Appraisement of the personal Estate of NATHANIEL BROUGHTON, dec'd to Wit:

One negro woman, MARTHA, and infant                   $ 800.00
One negro boy HENRY                                                700.00
One negro boy ANDREW                                            700.00
One negro girl CAROLINE                                           500.00
One negro girl MARY                                                   350.00
One negro boy DEMPSEY                                           300.00
                                                                                  $3350.00

The State of Alabama -  Monroe County
Before me, C. H. FOSTER, Judge of Probate of said County, came JESSE THAMES, Admr on the Estate of NATH'L BROUGHTON, dec'd and made oath that the above is a true and correct Inventory of all the ballance of the personal property of said Estate that has come to his knowledge or possession.
JESSE THAMES
Sworn to and subscribed June 6th, 1855 - C. H. FOSTER

The State of Alabama - Monroe county
Before me, E. W. ROBERTS, Clerk of the Circuit Court of said County came M. P. STEVENS, W. H. ALDRIDGE and C. R. BROUGHTON, appraisers and upon oath say that the foregoing appraisement of the personal property of Estate of NATHANIEL BROUGHTON, dec'd this day presented to us by the Admr. is correct to the best of our judgement and belief.
M. P. STEVENS
W. H. ALDRIDGE
C. R. BROUGHTON
Sworn to and subscribed before me this 12th June 1855
E. W. ROBERTS, Clerk Cir. Court
 

July Term 1855 - (Order Book #3, p. 106)
NATH'L BROUGHTON, dec'd - Estate of
This day came JESSE THAMES Admr on the Estate of NATHANIEL BROUGHTON, dec'd the said having been appointed for the hearing of his Petition for a Sale of all the personal property of of said Estate, and the notice required by law having been given and no person coming to contest, It is therefore Ordered that said Admr be & he is hereby authorized to sell all of the personal property of said Estate on a credit of twelve months (except one negro for cash) after giving thirty days previos notice and otherwise conducting said sale as required by law.
 

August Term 1855 - (Order Book #3, p. 111)
NATH'L BROUGHTON, dec'd - Estate of
Ordered that the Sale Bill of the Estate of NATH'L BROUGHTON dec'd be received, recorded & placed on file.
 

August 13, 1855 - Filed - (Inventory Book "C", p. 360)
Sale bill of Estate of N. BROUGHTON sold on the 13th day of August 1855 on 12 months credit except as to HENRY sold for cash.

HENRY                                  To                    CHARLES R. BROUGHTON              $ 700.00
CAROLINE                             "                                        D.O.                                      475.00
ANDREW                                "                                        D.O.                                      700.00
MARTHA, MARY, DEMPSEY & MARTHA                   D.O.                                     1245.00
                                                                                                                                      $3120.00

State of Alabama - Monroe County
Before me, C. H. FOSTER, Judge of Probate personally appeared JESSE THAMES, Admr of Est. of N. BROUGHTON, dec'd who first being duly sworn deposeth & upon oath saith that the foregoing Sale Bill is correct.
JESSE THAMES
Sworn t and subscribed before me Aug. 13/55 - C. H. FOSTER, Judge
 

March 7, 1859 - Special Term  - (Order Book #4, p. 24)
NATHANIEL BROUGHTON - Estate of
This day came JESSE THAMES the Adme with the Will aannexed of said Estate and filed his account & Vouchers  for a final settlement of said Estate. whereupon it is Ordered by the Court that the fourth Monday of March Inst. be appointed for said settlement & that publication be made by advertisement in the "Southern Champion" for three successive weeks, so that all persons concerned in adverse  interest may appear and contest said settlement if they think proper.
 
 

March 28, 1859 - Special Term - (Order Book #4, p. 27)
NATH'L BROUGHTON - Estate of
Ordered that the final settlement of said Estate be continued to the second Monday of April next.
 

April 11, 1859 - (Order Book #4, p. 33)
NATH'L BROUGHTON, Sr. , dec'd - Estate of
This day came JESSE THAMES, the Admr. with the Will annexed of said Estate, the same having been appointed by continuance for a final settlement of said Estate.  And the notice required by a previous Order of Court having been given.  And it appearing to the Court that SARAH BROUGHTON, the legatee in said Will is dead.  And JOHN O'GWYNN, in right of his wife, and SARAH BROWN, the residuary legatees, now appearing in open Court.  And the account of said Admr being examined, audited & stated.  It appears that said Admr is chargeable with the sum of Four thousand four hundred & eighty-eight 12/100 Dollars.  And that he has justly expended in & about the costs & charges necessary & incident to said administration & in the payment of the just debts of said dec'd the sum of Two thousand nine hundred & fourteen 99/100 Dollars.  And Five hundred & forty & 40/100 Dollars in the support and maintenance of SARAH BROUGHTON, the legatee according to the provisions of said Will.  Leaving a balance in hand of said Admr. on this Settlement of One thousand & thirty-two 78/100 Dollars for distribution among those entitled.  And it appearing to the satisfaction of the Court, that SARAH BROWN & SUSAN O'GWYNN are each entitled to the sum of Five hundred & sixteen 36/100 Dollars of said residue of balance.  It is therefore Ordered, adjudged & decreed that said SARAH BROWN and SUSAN O'GWYNN do each have & recover of & from the said JESSE THAMES the sum of five hundred & sixteen 36/100 Dollars for which execution may issue.  It is further Ordered that said Estate be finally closed and that the a/c current as stated be recorded & placed on file.
 
 

March 7, 1859 - Filed - (Inventory Book "E", pp.  421 & 422)
Recorded April 11, 1859
(note: the book has a "B" on the cover instead of a "E")
JESSE THAMES, Admr cum testamento annexs of Est. of NATHANIEL BROUGHTON, dec'd in a/c final settlement April 10, 1859.
 

                                Admr. charges himself
08/13/56                 to sale of negroes                                                             $3120.00
                                Int.                                                                                          664.20         $3784.20
12/12/53                 to Amt. rec'd of ANDRESS                                                 486.35
                                Int.                                                                                           217.57            703.92
                                                                                                                                                    $4488.12

01/27/57                 1. By EVANS & CHAPMANS recpt                               $ 250.00
                                    Int.                                                                                         44.16            294.16
                                2. By CHAS. A. SMITH recpt                                             125.00
                                    Int.                                                                                         22.08            147.08
10/01/56                 3. By W. P. LESLIE recpt                                                      653.34
                                    Int.                                                                                        132.10           785.44
04/05/58                 4. By CHARLES SMITH recpt                                               25.00
                                    Int.                                                                                            2.00             27.00
05/--/53                   5. By HILLMAN witness ticket                                               3.16
                                    Int.                                                                                            1.50               4.66
11/--/53                  6. By HILLMAN witness ticket                                                2.16
                                    Int.                                                                                              .90               3.06
05/--/54                  7. By HILLMAN witness ticket                                                6.00
                                    Int.                                                                                            2.40               8.40
05/--/54                  8. By L. D. SMITHS witness                                                     4.32
                                    Int.                                                                                            1.72               6.04
07/--/52                  9. By Dr. MAYORS bill                                                            18.00
                                    Int.                                                                                            9.72             27.72
07/--/52                 10. By Dewit's (?)  bill                                                                 5.50
                                     Int.                                                                                           2.98               8.48
01/02/55                11. By Shff rcpt                                                                          17.80
                                     Int.                                                                                           5.46              23.26
11/13/52                12. By C. H. FOSTER                                                                  2.50
                                     Int.                                                                                           1.26                3.76
                                                                                                                                                     $1339.06
05/13/53               13. Judge DOWSANS fee                                                         25.00
                                    Int.                                                                                          11.70              36.70
06/--/55                14. Clothes furnished negroes                                                  16.50
                                    Int.                                                                                            5.06              21.56
06/--/55                15. Expenses bringing negroes from Miss                              30.00
                                    Int.                                                                                          11.60              41.60
07/--/52                16. Expenses bringing corpse from Miss                                45.00
                                    Int.                                                                                          24.30              69.30
02/17/59               17. PARKER Admr. recpt                                                          20.75
                                    Int.                                                                                              .35              21.10
03/28/59               18. J. GRAY's a/c in suit                                                                                 198.00
                              19. CHAS R. BROUGHTON  a/c                                                                   540.40
                              20. CHAS. R. BROUGHTON  a/c                                                                  150.00
                              21. E. W. ROBERTS a/c of parties in interest                                             200.00
                                    Compensation to Admr. by consent                                                     100.00
                                    Court fees                                                                                                    14.00
                              22. W. DENMARK recpt                                                                                   1.50
                                    By interest on $125.00 pd E. W. ROBERTS on 01/27/57                       22.17
                                                                                                                                                     $3455.39
                                   In hands of Admr. to be be distributed between                                1032.73
                                   SARAH BROWN & SUSAN OGUYNN                                             $4488.12
                                   according to the Will $516.361/2 to each
 

The State of Alabama - Monroe County
I,  M. McCORVEY, Judge of Probate hereby certify, JESSE THAMES, Admr. of Est. of N. BROUGHTON, personally appeared before me & being first duly sworn upon oath says the foregoing acount is correct.
JESSE THAMES
before me April 11, 1859
M. McCORVEY, Judge
The preceeding a/c examined & stated by the Court & Ordered to be recorded.
April 11, 1859
M. McCORVEY, Judge
 
 

Notes of interest:

Based on the date of the Codicil to the Will (June 23, 1852), the probate of the Will in Greene County, MS (July Term - 1852), and the July 1852 date of several of the bills in the final account settlement, it would appear that Nathaniel Broughton died about the first of July in 1852.

The body of Nathaniel Broughton was brought back to Monroe County, AL in July of 1852 (see item #16 of the final settlement of accounts).

Sarah Broughton is dead by March 28, 1859 and the money ($540.40) paid out of the Estate for her support was paid to Charles R. Broughton (see item #19 of the final settlement of accounts).

The negroe slaves remained in Mississippi from June 1852 through June 1855 (see items #14 & #15 of the final settlement of accounts).

The negro woman, Martha, had two(2) more children, Dempsey and Martha, between June 1852 and June 1855.

Martha and her children are sold together (in compliance with the Will) along with Henry to Charles R. Broughton.  In the Will transcript from Greene County, MS one of Martha's children is refered to as "Andersen", but in the Sale Bill from Monroe County, AL he is refered to as "Andrew".

The expenses as shown on the final settlement of accounts only add up to $2755.39 instead of the $3455.39 shown.  This is a differeence of $700.00 (the price Charles R. Broughton paid for Henry). I have often wondered if there was an "unwritten" charge to the estate to re-imburse Charles R. Broughton the purchase money of Henry in order that Henry might be given his freedom upon attaining the age of 21 as set forth in the Will.
 
 
 
 
 
 
 
 
 
 
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