Friday, February 11, 2005

Extract from Estate Administration (No Will)
County of Lawrence
State of Mississippi

To the Hon. John Dickerson, Judge of Probate Court:

Your undersigned petitioners respectfully show that Benjamin Bennett departed this life sometime in the month of February 1864, aged 92 years of age leaving a considerable estate consisting of one slave, about 80 acres of land, and promissory notes amounting to about $3,000.00, said personal estate amounting to about $4000.00 Petitioner does not know of any debts owing by said decedent.

Said decedent left the following named heirs:

Cynthis Saunders, Elizabeth Thames, Corandra or Cassandra Armstrong, of Choctaw Co., Mississippi; Richmond Bennett and Isaac Bennett. Also the children of Kasen (Kyzar?) Bennett, deceased, who was a son of said Benjamin Bennett, and the children of Drury Bennett, dec'd, who was a son of said Benjamin Bennett. It will be necessary that said estate should be administered on in order to collect (several debts) and make the distribution among the heirs aforesaid. petitioner is a grandson of said decedent and as several months have elapsed since his death without anyone applying for letters of adminstration, your petitioner has concluded to apply for same. Said Richmond Bennett has rejected petitions (or petitioners)to take the adminstration and his daughters are quite (must be dau. of Benjamin instead of Richmond)old; of whom is petitioner's mother (Cynthia Bennett Sanders) will not as petitioners thinks have any objection to his taking upon himself the trouble of the administration. On his securing bond as required he prays for letters.

Signed: B. T. Sanders, filed 27 June 1864. Estate Papers of Benjamin Bennett, Box ___? in Chancery Clerks Offices, Lawrence Co., Monticello, Miss. Book ___? Pg___? (I misplaced the original extract made by W.E. Driver).

Note: Cynthis Sanders must have been B.T. Sanders mother. Benjamin Bennett lived with his dau. Cynthia Sanders at time of 1860 census, in Lawrence Co., near family of Thomas J. Sanders, age 24, believed to be his grandson.

Copied for Blanche Bennett Robinson, duaghter of Marcus LaFayette, at 11888-B So. Truro Ave., Hawthorne, California.
_______________________________________

Extract from Will: Made by W.E. Driver, (checked later by Wiley Benj. Hill, Jr.), on 8 March 1966.

Date of Will 3 Feb 1849
County of Lawrence
State of Mississippi

Date of Drury Bennett's death: sometime during February, 1862.

To wife, Emily P. Bennett, all real and personal property, for her natural life, or until she remarries, in which case all property then to be divided among children.

Testator left surviving him, the following children:

Delila Elmira Allen, the wife of William Allen, deceased.
Susana F. Williamson, wife of Joshua Williamson.

The following minor children: Benjamin F. Bennett, Sothern M. Bennett, Drury B . Bennett, Carol B. Bennett, & Daniel Bennett, infant children of Unity Bennett, dec'd daughter of testator.

Note by Abstracter: Emily P. Bennett, died 16 April 1863 during period of time that the will of Drury Bennett was being probated.

Final Accounts made for Emily P. Bennett, Executrix.

Petition of Elmira Allen and Jesse Ward, for letters to issue to them as administrators "de benis non", filed 3 Aug 1863. Appointment made as above 1st Monday in August, 1863. On January 4, 1866, Commission issued to Jas. Strickland, and to Jesse Ward, to divide lands of decedent among heirs.

Report of Commissions: J. M. Cannon, Jas. Strickland and James Bourn filed 22 Jan, 1866, reports that the lands of decedent cannot be equally divided among heirs.

Petition of Elmira Allen and Jesse Ward administrators filed 27 Aug 1866, prays for an order to sell the lands of Drury Bennett (which were about four or five miles southeast of Monticello, about 440 acres, estimated. Lands were sold to J. A. Scarborough, Isom Williamson and B.F. Bennett.

Note: Emily P. Bennett was sole executrix of will, and oath was taken 7 July, 1862, but she died 16 April, 1863, necessitating sale of lands.

Bondsmen: Jesse Ward and Jas. Strickland
Witnesses: Jas. Strickland, Benjamin Bennett, and Jesse Ward.
Proper Proof made of will by Jas. Strickland and Jesse Ward.

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