Estate settlement of James Richard Coleman
dated 11 Jan 1915"The State of Alabama, County of Monroe
Know all men by these present that this indenture, made and entered into by and between W.H. Coleman, J.A. Coleman, G.J. Coleman, P.M. Coleman, L.A. Coleman, J.N. Coleman, Mrs. J.V. Castillow, Mrs. Alice Green, Mrs. Janie Helton, Mrs. Ida Jones, and Mrs. M.A. Coleman (also called and known by the name Bettie Coleman) next of kin and heirs at law of James R. Coleman, deceased, each over the age of twenty-one years of age, and each a resident of said County and State, witnesseth:
THAT, whereas James R. Coleman, deceased, departed this life on to-wit, August 8th, 1914, being at the time of his death over twenty-one years of age, and a resident of Monroe County, Alabama, and
WHEREAS, the said James R. Coleman, deceased, departed this life seized and possessed of an estate consisting of one hundred acres of land, on which he resided at the time of his death, and used and occupied his homestead, of the value of to-wit, $1500.00; money in the Monroe County Bank to the amount of $2595.75; other personal property, notes, mortgages and choses in action of the value of to-wit, $2400.00, making the aggregate value of said estate approximately $6,322.79, and
WHEREAS, the said James R. Coleman, deceased, died intestate, leaving surviving him as his next of kin the above named, all of whom are his children, with the exception of Mrs. M.A. Coleman (also known and called by the name of Bettie Coleman) who is his widow, and
WHEREAS, there are no debts due and owing by said estate, and therefore no need of an administration thereupon, and
WHEREAS, the above named children and widow of said decedent on, to-wit, the 26th day of August, 1914, did each make, execute, and deliver to the said W.H. Coleman their power of attorney, authorizing and empowering the said W.H. Coleman to take full possession and control of all property belonging to the estate, to sell same to the best advantage in his judgement, to collect all moneys due the estate, and to pay all debts of said estate, if any, out of the funds collected from said estate; to cancel each and all mortgages due said estate when same become due and are full paid; to do and perform all other acts concerning said estate that he may deem necessary in settling up said estate; and said parties by their said power of attorney, ratifying and confirming whatsoever the said W.H. Coleman may do in the premises; which said power of attorney is duly recorded in Deed Book Seventy-Nine, at Page One Hundred and Eight-Nine, in the office of the Judge of Probate of Monroe County, Alabama, and which said power of attorney is hereby expressly referred to and made a part of hereof, and
WHEREAS, each of the said parties of this agreement being desirous of effecting a settlement and distribution amount themselves, as the next of kin of said decedent, of the sum of $2595.75 belonging to said estate, which amount is now in the hands of W.H. Coleman, by virtue of said power of attorney hereinabove referred to, and strictly in trust for those entitled thereto, without the expense, worry and delay of court proceedings, and
WHEREAS, the said Mrs. M.A. Coleman, widow of the said James R. Coleman, deceased, having first been full informed as to her legal rights as such widow, to the exemption of $1000.00 and other personal property out of the assets belonging to said estate, and to the exemption of the homestead of said decedent absolutely, the same not exceeding in valued $2,000.00 nor in area one hundred and sixty acres; also as to her dower rights in and to any other realty of which the said decedent may have died seized and possessed; and notwithstanding her said rights in the premise as such widow, and in lieu thereof hereby voluntarily consenting and agreeing to take and accept a child's portion or share in her deceased husband's estate; and the said Mrs. M.A. Coleman expressing a wish and agreeing only to share as a child and not as the widow of said James R. Coleman, deceased;
NOW, therefore, the premises considered, it is mutually understood and agreed by and between each party to this instrument that the said sum of $2595.75, now in the possession and under the control of the said W.H. Coleman, by virtue of said power of attorney, and as Trustee, be and is hereby divided and distributed between said parties as follows, each of the said parties hereby ratifying and confirming said division and distribution of said sum:
Assets included in the Settlement:
Cash in the Monroe County Bank....$2595.75
J.A. Coleman's indebtedness to the estate...$200.00
G.J. Coleman's indebtedness to the estate...$314.45
P.M. Coleman's mortgaged indebtedness to the estate...$414.45
L.A. Coleman's mortgage indebtedness to the estate...$472.00
J.N. Coleman's indebtedness to the estate...$367.16
Mrs. J.V. Castillow's Mortgaged indebtedness to the estate...$450.00
Mrs. Alice Green's indebtedness to the estate...$67.70
Mrs. Ida Jones' indebtedness to the estate...$287.50
Mrs. M.A. Coleman's indebtedness to the estate...$17.85
Total assets....$5186.86Less the following, to-wit:
Amount paid J.D. Ratcliffe, attorney for legal services and advise rendered and to be rendered...$75.00
Amount paid I.B. Slaughter, Judge of Probate, recording two patents, power of attorney and agreement...$5.00
Amount paid T.J. Murphy, Justice of Peace for taking acknowledgements to power of attorney and this agreement...$2.00
Expenses incurred by W.H. Coleman, as Trustee, in and about the management of said estate...$40.00Net Assets to be distributed...$5064.86
LIABILITIES:
W.H. Coleman's distributive share in and to the above amount...$460.54
J.A. Coleman's distributive share in and to the above amount, less his indebtedness to said estate amounting to $200.00...$260.54
G.J. Coleman's distributive share in and to the above amount, less his indebtedness to said estate amounting to $314.95...$145.59
P.M. Coleman's distributive share in and to the above amount, less his indebtedness to said estate amounting to $414.45...$45.99
Mrs. J.V. Castillow's distributive share in and to the above amount, less his indebtedness to said estate amounting to $450.00...$10.54
Mrs. Alice Green's distributive share in and to the above amount, less his indebtedness to said estate amounting to $67.70...$392.84
Mrs. Janie Melton's distributive share in and to the above amount...$460.46
Mrs. Ida Jones distributive share in and to the above amount, less his indebtedness to said estate amounting to $287.50...$172.94
L.A. Coleman's distributive share in and to the above amount, less his indebtedness to said estate amounting to $472.000.... balance due the estate $11.56
J.N. Coleman's distributive share in and to the above amount, less his indebtedness to said estate amounting to $367.16...$93.28
Mrs. M.A. Coleman's distributive share in and to the above amount, less his indebtedness to said estate amounting to $17.85...$442.59
Total amount disbursed, including credits allowed on the respective indebtedness as set out above, amounting to $2591.11...$5076.42
Less balance due estate by L.A. Coleman...$11.56
$5064.86IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this 16th day of January, 1915."
Signed by: parties listed above.
Filed by T.J. Murphy, Justice of the Peace, Monroe County, Alabama, 16 January 1915"I, T.J. Murphy, a Justice of Peace in an for said County, in said State, hereby certify that on the ___ day of January 1915, came before me the within named Mrs. M.A. Coleman (also called and known by the name Bettie Coleman), a widow woman, who being examined separate and apart from the other parties to the above and foregoing agreement, touching her signature to the same, acknowledged that she signed the same of her own free will and accord, without fear, Constraint, or threats on the part of any of the other parties to said agreement. In witness whereof, I hereunto set my hand, this 16th day of January, 1915."
Signed by T.J. Murphy, Justice of Peace, Monroe County, Alabama