Contributed by Jeff Rogers

Jesse Cone Estate Settlement

Estate Settlement of Jesse CONE 1774-12 Nov 1852

Son of Acey CONE, Husband of Sarah BAILEY

Jesse is believed to be buried near the Sepulga River, either in Conecuh County, AL, or Butler County, AL.

Sarah BAILEY CONE (b 15 Oct 1781 SC) is buried in Snyder, Ashley County, Arkansas in the Fellowship Baptist Church Cemetery. Her marker shows her death as 17 Aug 1866. In the 5th filing below, she is shown as being deceased prior to 21 Oct.1861 and she is not listed as a recipient of disbursements on dates that are prior to the date ot death on her marker. Her marker does not appear to be original and it is not known who placed it there. Perhaps it was placed by a descendant of George Washington CONE, her youngest son, as the oblisk-shaped marker has one of his wife’s names and dates on one of its other side. My conclusion is that the dates for Sarah BAILEY CONE on the marker probably are not correct as indicated by the dates of the Estate Settlement of her husband, Jesse CONE. Could her year of death actually been 1860 and the record of it so illegible as to make the the "0" appear to be a "6"?

We have attempted to reproduce the Settlement as accurately as possible, as it was recorded. We have included all grammar, puntuation, capitalization and spelling errors and have tried to indicate these errors as such. The copies have been proof-read three times by Maxine MULLINS ROGERS and myself, reading from copies of the originals.

Jeff Rogers

245 Cedar Ridge Drive Wetumpka, AL 36093

334-567-9893

[email protected]

Butler County Court House

Greenville, Butler County, Alabama

1. Estate Settlement Book B 4 page 386

The State of Alabama Hon. Samuel J. Bolling

Butler County Judge of Probate for said

County. The undersigned Adminis-

trator of the estate of Jesse Cone deceased would respectfully show unto Your Honor that the following land belongs to said estate to wit: SW 1/4 Sec 36 T12. SE 1/4 of SW 1/4 of the SW 1/4 of the NW 1/4 of Sec 1, T 6, R 12. He would further show that said deceased died leaving widow Sarah Cone who resides in Ashly [sic] Co. Arkansas. The following are his heirs and distributors To wit: James B [Bailey] Cone, Nancy Dean, wife of Jeremiah Dean, Joshua Cone. G.W. [George Washington] Cone who resides in Ashly [sic] Co. Arkansas. Lewis Cone, Fatama [Susan] Mims, wife of J. J. Mims & Jesse Cone, who resides in Wilcox Co. Alabama Irena Butler, wife of Albert Butler and the children of W. N. [William Neal/Neil] Cone deceased to wit: Lucinda H. Moore, Sarah C. Naftel, Aramenta E. Moore All of the above are over age Jesse T. [Travis]Cone Martha Jane Cone Ely [sic] B. [Eli Bibb] Cone, minors. They reside in Montgomery Co. Ala. He further shows that said land cannot be equally and fairly and beneficially divided among said distributees, With [sic] a sale thereof. Therefor begs Your Honor to grant him an order to sell said land at the Court House of said county on a credit until January 1st, 1861 for the purpose of distribution and as in duty bound. &c [sic]

W. D. Perryman Admin

by Adams & Herbert

Before this day came W.D. Perryman who upon oath says that the statement made in the above petition are true to the best of his knowledge and belief. Sworn to and ascribed before me this the 23rd day of May 1860.

S. J. Bolling Judge of Probate W. D. Perryman

Service accepted and copy waived

May 22" 1860

E H Pickens

2. Estate Book B 4 page 300

The State of Alabama To Hon Samuel J. Bolling Judge of

Butler County Probate for said County

The undersigned Administrator ex officio of the estate of Jesse Cone deceased respectfully shows unto your Honor that under and by virtue of an order and decree obtained from this court on the day of 1860 [dates not filled in] and in strict compliance with all the terms, Conditions and requirements of the same and in persuance of the law in such cases on the 15th day of October 1860 between the hours of twelve oclock noon and five oclock in the afternoon he proceeded and sold at public outcry in front of the court house of this county the land set forth and particularly described in said former order and decree and that said land was bid off and purchased at said sale by Samuel Adams at [sic] and for the sum of one and 50/100 dollars per acre making in the aggregate the sum of twelve hundred and sixty dollars. He further shows that said sale was in all respects fairly conducted and that said amount so bid by said Adams for said land was the highest and best bid for the same. Further that said Sam Adams has complied with the terms of sale and purchased by giving secure notes of himself as purchaser and Thos. E. Herbert and Thomas G. Pou as his securities, each note dated on the day of said sale and due twelve months after date which security is good and sufficient. In consideration of the facts above stated and which the order required is ready to have at such time and in such form and waiver as may be required by your Honor the undersigned respectfully prays that said sale may in all things be completed and made good to the said purchase [sic] and as in duty bound. &C [sic]

W. D. Perryman

The State of Alabama Before me this date came W. D. Perryman who upon

Butler County oath says that the statement made in the foregoing

report are [sic] true.

Sworn to and subscribed before me this the 19th day of November 1860.

S. J. Bolling Judge of Probate W. D. Perryman Sheriff

3. Estate Book 4 page 217

Whereas an order was made on the 21st day of August 1861 which order was admitted to be entered. Which order was in the following words and figures to wit:

Jesse Cones Estate Probate Court Butler County

Letters Administration August 21st 1861

Ordered by the Court that Jeremiah P. Routon Sheriff of Butler Co. Be and he is hereby appointed Administrator ex officio debonis non on the Estate of Jesse Cone late of said County deceased by virtue of his said office as Sheriff of Butler County.

4. Estate Book 6 A pages 141-142

Whereas an order was made on the 9th day of Sept 1861 which was admitted to be entered which order is in the words and figures as follows to wit:

Jesse Cone Estate Probate Court Butler County

Order for Final Settlement Sept 9th 1861

This day came W. D. Perryman Administrator ex officio of the estate of Jesse Cone deceased and filed his account correct and vouches for Final Settlement with said estate: It is therefor ordered by the Court that the 28th day of Oct 1861 be a day set apart for said Settlement and that notice the same be given by publication in the Southern Messenger a news paper published in Greenville Alabama for three successive weeks notifying all persons in interest to appear on that day and and [sic] contest the same if they think proper.

5. Estate Book 6 A pages 155-156

Jesse Cone Estate Probate Court Butler County

Decree on Final Settlement October 28th 1861

This day came Walter D. Perryman Administrator ex officio of the estate of Jesse Cone deceased and none of the heirs being present, but who are as follows to wit: Sarah Cone deceased [italics are mine], James B. Cone, Nancy Dean wife of Jeremiah Dean, Joshua Cone, G. W. Cone, Lewis Cone, Fatama Mims wife of J. J. Mims, Jesse Cone, Irenie [sic] Butler wife of Albert Butler and the children of W. N. Cone deceased to wit: Lucinda H. Moore, Sarah C. Naftel, Aramenta E. Moore, Jesse T. Cone, Martha J. Cone, E. B. Cone. officeago [?] and notice of this settlement having been given by publication in the Southern Messenger a news paper published in Greenville Alabama for three successive weeks notifying all persons in interest to appear on this day and contest the same if they thought proper and in person appearing to contest said account as filed whereby it appears that said administrator is chargeable to the amount of Four Hundred and thirty three + 17/100 Dollars so much of the estate of said deceased having come into his hands for which he is chargeable and that said Administrator is entitled to credits to amount of Four Hundred and thirty [numbers were marked out] three and 17/100 Dollars for money paid, laid out and expended for the use and benefit and on account of said estate including the amount of notes on hand uncollected which is three Hundred and Sixty Dollars, leaving a balance due from said estate to said Administrator Seventy three and 17/100 Dollars and that said Administrator and assn [?] of office as sheriff of said county having expired and Jeremiah P. Routon having been duly elected as sheriff of said county and having been duly qualified according to law and having been duly appointed Administrator ex officio Debonis Non unto estate of Jesse Cone deceased and the said Walter D. Perryman Administrator as aforesaid said having turned over to said Jeremiah P Routon Administrator as aforesaid all the notes belonging to said estate amounting to Three Hundred and Sixty Dollars which is uncollected.

It is therefore ordered that said Walter D. Perryman recover from said Jeremiah P. Routon Administrator as aforesaid the said sum of Seventy three + 17/100 Dollars that being the amount ascertained to be due him on this settlement. It is further ordered that the account amount made up and allowed on this settlement be recorded and filed in the this office together with the vouchers the same being sworn to.

6. Estate Book 6 A pages 408-409

Jesse Cone Estate Probate Court Butler County

Order for Settlement Nov 13th 1862

This day came J. P. Routon Admin. Ex officio of the de bonis [sic] non on the Estate of Jesse Cone deceased, and filed his account current and voucher for Final Settlement of said Estate whereupon it is ordered that the Fourth Monday in February next be set apart for said Settlement and that notice of the same be given by publication in the Greenville Weekly Observer a newspaper published in Greenville Alabama for three successive weeks notifying all persons [marked out letters] in interest to appear on that day and contest the same if they think proper. It is further ordered that E. H. Pickens be appointed Guardian ad litem for Lucinda H., Sarah C. Naftel, Aramenta E. Moore, Jesse T. Martha J. and Eli B. Cone, minors, to attend to the interest of said minors in said Settlement.

7. Estate Book 6 A page 440

State of Alabama To the Homorable Judge of Probate

Butler County of Said County

The undersigned administrator of the estate of Jesse Cone deceased respectfully represents unto Your Honor the following as a list of the hiers and distributees of said deceased, "to wit" James B Cone-Nancy Dean, wife of Jeremiah Dean, Joshua Cone, G. W. Cone. - All of the above parties live in Ashley County Arkanzas. [sic] Fatima [sic] Mims, wife of J.J. Mims, Lewis Cone of Wilcox County, Alabama, all of age. Jesse Cone, Irena Butler, wife of Albert Butler, all of age, residence not known. W. N. Cone who is dead, and the following is a list of his children "to wit" Lucinda H. Moore, Sarah C. Naftel, Aramenta E. Moore all of age, Jesse T. Cone, Martha J. Cone and Eli B. Cone, who are minors, and their residences not known.

November 13th, 1862 J. P. Routon Administrator

State of Alabama This day came J. P. Routon

Butler County Administrator of the Estate of Jesse Cone deceased who says that the above is correct to the best of his knowledge and belief Sworn to and subscribed before me this thirteenth day of November, 1862.

J. P. Routon S. J. Bolling, Judge of Probate

8. Estate Book 6 A pages 495-497

Also note that Sarah Cone is not listed as an heir

Jesse Cone Estate Probate Court of Butler County

Final Settlement Feb 13th 1863

This day came Jeremiah P. Routon Administrator ex officio Debonis Non of the estate of Jesse Cone deceased. And this being the day appointed for a Final Settlement of said estate and notice of this settlement having been given by publication in the Greenville Weekly Observer a news paper published in Greenville Alabama for three successive weeks notifying all persons interested to appear on this day and contest the same if the thought proper; and the following named persons being the heirs and distributees of said deceased, to wit; James B. Cone, Nancy Deen [sic] wife of Jeremiah Deen [sic], Joshua Cone, G. W. Cone, Fatama Mims wife of J.J. Mims, Lewis Cone, Jesse Cone, Irena Butler wife of Albert Butler, Lucinda H. Moore, Sarah C. Naftel, Aramenta E. Moore, Jesse T. Cone, Martha J. Cone and Eli B. Cone; and no person appeared to contest said account as filed; whereby it appears that said Administrator is chargeable to the amount of Three Hundred and Ninety one and 20/100 Dollars so much of the estate of said deceased having come unto his hands for which she [sic] he is chargeable; and that said Administrator is entitled to credits to the amount of One Hundred and twenty nine and 15/100 Dollars for money paid laid out and expended for the use and benefit of and on account of said estate; leaving a balance due from said Administrator to paid estate of Two Hundred and sixty two and 05/100 Dollars for distribution on this settlement; It is therefore ordered adjudged and decreed by the Court that said [sic] the following named persons recover of said Administrator the following amounts to their respectfully allowed to wit;

That James B. Cone recover of said J. P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Jeremiah Deen [sic] and his wife Nancy Deen [sic] recover of said Jeremiah P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Joshua B. Cone recover of said J. P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That G. W.. Cone recover of said J. P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That J. J. Mims & his wife Fatama Mims recover of said J. P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Lewis Cone recover of said J. P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Jesse Cone recover of said J. P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Albert Butler and his wife Irena Butler recover of said J. P. Routon Administrator as aforesaid the sum of twenty nine and 11/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Lucinda H. Moore recover of said J. P. Routon Administrator as aforesaid the sum of four and 85/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Sarah C. Naftel recover of said J. P. Routon Administrator as aforesaid the sum of four and 85/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Aramenta E. Moore recover of said J. P. Routon Administrator as aforesaid the sum of four and 85/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Jesse J. Cone recover of said J. P. Routon Administrator as aforesaid the sum of four and 85/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Martha J. Cone recover of said J. P. Routon Administrator as aforesaid the sum of four and 85/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

That Eli B. Cone recover of said J. P. Routon Administrator as aforesaid the sum of four and 85/100 Dollars that being the amount ascertained to be his distribution share of said estate on the settlement.

These being said heirs of said estate, it makes the distribution share of each therein the sum of twentynine [sic] and 11/100 Dollars and the six last named who took the share of their deceased parent are entitled to the sum of Four & 85/100 Dollars each as their distribution share of said estate on this settlement; It is further ordered that the account current made up and allowed on this settlement be recorded and filed in this office together with the vouchers the same being of _______: The widow of the deceased never having filed her relinquishment of dower nor appeared in this court, no allowance is made to her on the settlement.

9. Estate Book 6 A page 441

J. L. Routon Administrator of the Estate of Jesse Cone Dec. In a/c [account] Current for Final Settlement:

Dr. A[?]

To amount received from W.D. Perryman former Administrator Sep 9th 1861 Int from 13th Oct 1861 to 13th Nov 1862 $ Amount for Distribution $ 262.05 9 Heirs, Share of Each James B. Cone Nancy Deen wife of Jer. Deen [sic] Joshua Cone G. W. Cone Fatima [sic] Mims wife of J.J. Mims Lewis Cone Jesse Cone Irena Butler wife of A. Butler	360.00 31.20 391.20 29.11 29.11 29.11 29.11 29.11 29.11 29.11 29.11 29.11	By acct Pd. Marzoni Feb 9/63 " " Sam Adams Dec 12/62 " " Pd M. C Lane Attorney for W. D Perryman on Execution " Amt Paid Attorney for M. C. Lane " Amt. Court Costs " " Communications " " due from Administrator	4.50 11.50   81.95 5.00 13.20 18.00 262.05
		$	391.20

The State of Alabama This Day came J. P. Routon

Butler County Administrator de bonis non

of the estate of Jesse Cone deceased who after being duly sworn on oath says that the above and foregoing account and report filed for a final settlement of said Estate is true and Correct as the same Stands Stated to the best of his knowledge and belief. Sworn to and subscribed before me on this the 9th day of February 1863.

S. J. Bolling J. P. Routon

Judge of Probate

W. N. Cones children "To Wit". Amount for Distribution among them $29.11. Share of each $4.85.

Lucinda H. Moore $4.85 Jesse J. Cone $4.85

Sarah C. Cone 4.85 Martha J. Cone 4.85

Aramenta E. Cone 4.85 Eli B. Cone 4.85

February the 13th 1863 

10. Estate Book 5 page 343 NO DATE [sometime between Nov 1860-Nov 1861]

The State of Alabama To the Hon. S. J. Bolling

Butler County Judge of Probate

The undersigned Administrator Ex Officio Debonis Non of the Estate of Jesse Cone Deceased Respectfully represents unto your Honor that at a sale made by W. D. Perryman late Sheriff and Former Administrator of the Estate. Samuel Adams became the purchaser of the following described Lands belonging to Said Estate. "To Wit" The SW 1/4 of Section 36, Township 7, Range 12 and the SE 1/4 of the NW 1/4 and the NW 1/4 of NW 1/4 of Section 1, Township 6, Range 12. And Executed his notes payable to said W. D. Perryman as Administrator as aforesaid according to the terms of said sale.

The undersigned respectfully shows unto your Honor that the said Samuel Adams has fully complied with the Terms of Said Sale by paying off and discharging said notes. He therefore prays your Honor to make an order ordering titles to be perfected in the terms of the Statute and as is duty bound he will ever pray. &c[sic]

J. P. Routon

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