Probate Record of Riley Britton (1814-1873)

1876

Now on this day Julia A Eads formerly Julia A Britton and presents her petition verified by affidavit and the court proceeds to hear the evidence in said cause and the court finds from the petition and evidence here-in that Riley Britton died intestate on the 8th day of Feb 1874. That he was the head of a family consisting of Julia A Briton, his widow, and Martha C Britton and Caroline Britton his minor children that the said Riley Britton died. Signed in fee of the following lands situate in Wright County Missouri. The South half of lots one and two of the northwest quarter of section thirty-one in township thirty two of range fourteen. That Julia A Eads is a the widow of said Riley Britton and is entitled as such to a homestead in fee in said real estate subject to the rights of the minor children. Children of the said Riley Britton deceased as here-in after stated. She being the head of family and housekeeper of the said Riley Britton at the time of his death. That Martha C Britton is a daughter of said Riley Britton now 16th years of age is entitled to the use of said as tenant in common with her mother and her brothers and sisters here-in after named until she attains the age of eighteen years. That Caroline Britton is daughter of said Riley Britton and is now 14 years of age and is entitled to the use of said lands as Tenant in common as afore said until she attains the age of eighteen years. That after all of said heirs shall attain their majority as here-in before stated the said Julia A Eads is entitled to the whole fee in said land unencumbered by the claims of said children and during their minority to fee in said lands subject to the use of said heirs during their respective minorities and the court finding it necessary to appoint three commissioners to set out said homestead here-by appoints GC Claxton, JW Claxton & WJ Adams as said commissioners. Order decree and set out to the said Julia A Eads, the lands here-in before described in fee simple as her right of homestead. Subject to the use of said heirs of Riley Britton deceased during their minority as respectfully found and set fourth int his order. It is further ordered that the said Julia A Eads pay the cost of this proceeding and that she may on demand have a copy of this order properly certified for record and to be recorded by the recorder of deeds in ad for the County and State aforesaid."

Probate Court Record

Volume C, Page 387, 1871-1880, Hartville, Wright, Missouri

Regular November Term 1876 13 Nov 1876

Notes:

* Julia Ann Strong Britton Eads mentioned above is my 3 greats grandfather and is believed to be half blood Cherokee Indian.  She was born in Tennessee.

* A huge thank you to a relative, Ron Johnston, who submitted this transcription to The Brit's are Back, a site which I have lately been unable to locate.