Monroe County, Alabama, Orphans Court Record of Orders Book No. 1. FHL film #1548209.
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At an Orphan Court, began and held, for the County of Monroe Miss Terr at Fort Claiborne on the second Monday of Aug 1816.
John McConnell
H. Young
E. Lumsden?
On application of Wm. F. Ware with the will annexed of Josiah Fisher dec'd. Ordered that letters testamentary be granted to sd. Wm. F. Ware on the
est. of said Josiah Fisher. Bond & S[ecurity] in the sum of three thousand dollars for the faithful discharge of the same - and that John Gayle, be
accepted as his security. - Ordered that Matt Gayle, John French & Needham Kells be appointed appraisers of said est.
Nancy Oaks being duly sworn deposeth and said that she was present when Josiah Fisher made & signed his will and that James Simmons & Mary
Gayle with herself were subscribing witnesses thereto.
In the name of God Amen,
I Josiah Fisher born in the State of Pennsylvania and now and for many years past, have been residing within the Creek Nation of Indians, being weak
of body but of body, but of a sound despairing mind do make and ordain this my last will testament.
First - It is my desire to be interred in human like manner, that my body may return to dust, from whence it came
Second - That an equal dividend of my personal property be made amongst my children (that is to say) Samuel, Benjamin, Timothy, Jacob, Josiah,
William & Muscoga; that they have an equal share in the following property viz: One Negro wench Lucy, & her children - Daniel, Hetty, Dorcus & Jack
- together with all my stock of every description. Horses, cows & hogs & the plantation utensils, the household furniture included, and that Wm. F.
Ware, I do hereby appoint my sole Exr. To this my last will & Testament.
It is my desire that my wife Semahoway have an equal share with the children above described. In Testimony whereof I have hereunto set my hand
and affixed my seal, the thirtieth day of July, in the year of our Lord, One Thousand Eight hundred and sixteen - revoking all others.
[Signed] Josiah X his mark Fisher.
Signed Sealed and del'd in presence of James Simmons, Mary Gayle and Nancy [X her mark] Oaks.
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August Term 1816 Cont.
Ordered that Samuel? Dale be appointed Guardian to Benjamin Fisher, Timothy Fisher, Jacob Fisher, & Josiah Fisher, heirs of Josiah Fisher dec'd who
have chosen him for that purpose, and that he give Bond & Secy in the sum of Two Thousand dollars for the faithful discharge of the
same, and
that Charles Wheeler be accepted of as his Secy.
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May Term 1817
On the motion of John Elliot. Ordered that the personal property of the Est of Josiah Fisher dec'd be sold to satisfy the debts due from the Est. The Executor, Wm F Ware, complying with the requisites of the law, in such cases, made it provided.
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Feby Term 1817
Ordered that the inventory and appraisement of Josiah Fisher dec'd, as sworn to by Matt Gayle, Needham Keels, & John French be Rec'd
Viz:
| 1 Negro wench & child Lucy & Jack | 500.00 | |
| 1 Negro boy Daniel | 350.00 | |
| 1 do girl Hetty | 212.50 | |
| 1 small girl Dorcus | 150.00 | 1212.50 |
| 1 Horse | 30.00 | |
| 23 head of cattle 7.50 | 172.50 | |
| 13 head of hogs | 43.00 | 245.50 |
| 3 beds & 6 blankets | 57.00 | |
| 1 spinning wheel | 1.50 | |
| 1 Lot Barrels $3 3 Plows $6 | 9.00 | |
| 1 grubbing hoe, coopers tools & box old iron | 8.00 | 75.50 |
| 1 milk or butter stand | 1.50 | |
| 300 cotton ~ 4.50 | 13.50 | |
| 1 Bucket 1.00, 1 Pad lock .75 | 1.75 | |
| 43 1/2 Bushels corn | 43.50 | |
| 5 hoes | 3.00 | |
| and the improvement | 52.50 | 115.75 |
| 1649.25 |
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Aug Term 1817 Cont'd. Ordered that Wm. F. Ware be appointed guardian for the minors of Josiah Fisher dec'd viz: Muscogee & William Fisher, and
that he give Bond & security in the sum of Twelve Hundred Dollars for the faithful performance of his trust as such - and that James B.
McConnell be
accepted of as his security.
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May Term 1818
On the motion of Samuel Fisher, Benj Fisher, & Semahoway Fisher by their atty H W Taylor - Ordered by the Court that a
rule be granted, requiring Wm F Ware Executor of the last Will & Testament of Josiah Fisher dec'd, to then cause at the next term of thus court, why he should not make distribution of said Estate agreeably to the provisions of the last Will & Testament of said Josiah Fisher dec'd, to the above mention persons, as Legatees in said Will, on their giving Bond & Security, as the law directs.
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May Term 1818 Cont'd -
On motion of H W Taylor atty for Benj Fisher, Timothy Fisher, Joseph Fisher, and Jacob Fisher - It is ordered by the Court that Samuel Dale,
Guardian for said persons, that a rule be granted, requiring said Dale to be and appear at the next term of our said Court, to show the cause why he should not give further Security, as Guardian aforesaid.
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Augt Court 1818 Cont'd -
Ordered that the Letters of Guardianship heretofore granted to Samuel Dale for the Heirs of Josiah Fisher dec'd be repealed & that his Bond as such Guardian be cancelled.
Ordered that Samuel Dale be appointed Guardian for Timothy Fisher, Jacob Fisher & Josiah Fisher - Heirs of Josiah Fisher dec'd - until the next Term of this Court and it is further ordered that Aaron Mathews be accepted of as his Sec'y to be bound in the sum of Two Thousand Dollars.
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On Motion of W H Taylor attorney for Samuel Fisher - It is ordered by the Court, that a rule be Granted on William F Ware Executor of the last Will and testament of Josiah Fisher dec'd to show case at the next term of this Court, why he should not make distribution of said Estate of said Josiah Fisher dec'd, to the above mentioned persons as Legatees, is said will, on their giving bond and security as the law directs.
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