Thomas Newton

 

©Joe M. Newton

 

Thomas Newton

Born 14 March 1810, Robeson District, North Carolina
Died 18 July 1888
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama

From the Greenville Newspaper -- July 1888

Thomas Newton, 80, born in North Carolina, lived 8 miles southeast of Greenville where he died on Saturday, 14 July 1888

Petition to Probate Will of Thomas Newton

The state of Alabama, Butler County. To the Honorable L. M. Lane, Judge Probate Court, Butler County. The petition of the undersigned B.J. Newton and T.E. Newton respectfully represents unto your honor that Thomas Newton who was at the time of his death an inhabitant of this county, departed this life in Butler County of the 14th day of July 1888, leaving assets in this state and leaving a last will and testament duly signed and published by him and attested by Edward Crenshaw and John T. Whittington.

That your petitioners as they verily believe are named in said will as executors and does now herewith surrender said to the court, and pray that after proper proceedings and proofs, it may be probated and admitted to record as the true last will and testament of said deceased. Your petitioners further represents that he left no widow, and that the names ,ages, residence and condition of the next of kin are as follows, to wit: B.J. Newton, son, over 21 years of age, resides in Butler County, Alabama of sound mind, T.E. Newton, son, over 21 years of age, resides in Butler County, Alabama of sound mind, Julia A. Smyth, daughter, over 21 years of age, resides in Butler County, Alabama of sound mind, Lula Daniel, grand-daughter, under 21 years of age, resides in Lowndes County, Alabama of sound mind, and Sarah Daniel, grand-daughter, under 21 years of age, resides in Crenshaw county, Alabama of sound mind.

Your petitioners would further represent that E. Crenshaw and John T. Whittington, the said attesting witnesses reside in this county, and therefore further pray that your honor will admit said will to probate and make such other orders in the premises as may seem necessary and proper.

Will of Thomas Newton

The state of Alabama, Butler County. Know all men by these present that I, Thomas Newton, of the county of Butler and state of Alabama, do hereby make and publish this my last will and testament, hereby revoking all former wills by me at anytime heretofore made.

As to my worldly estate, and all the real, personal, and mixed property of whatsoever description, of which I shall die seized and possessed, or to which I shall be entitled at the time of decease, I devise, bequeath and dispose thereof in the manner following, to wit:

1st My will is that all my just debts and funeral expenses shall by my executors hereafter named be paid out of my estate, as soon after my decease as practicable.

2nd I give, devise and bequeath to my daughter, Susan C. Newton, wife of Angus Newton, the northeast quarter of the northeast quarter of section 26, and the southwest quarter of the southeast quarter of section 23, in township 9, of range 14, in Butler County, Alabama, together with all the appurtenances thereunto belonging, and also one hundred dollars in cash to be paid to her by my executors hereinafter named as soon after my decease as practicable, to have and to hold the same to her and her heirs and assigns to her and their use and behoof forever.

3rd I give, devise and bequeath to my daughter, Martha J. Newton, the southeast quarter of the northeast quarter and the northeast quarter of the southeast quarter of section 26, in township 9, of range 14, in Butler County, Alabama, together with all the appurtenances thereunto belonging, and also one hundred dollars in cash to be paid her by executors hereinafter named as soon after my decease as practicable, to have and to hold the same to her and her heirs and assigns to her and their use and behoof forever.

4th I give and bequeath to my grandson, James O. Newton, my ox wagon and yoke of oxen and ox yoke, to have and to hold the same absolutely.

5th I hereby appoint my sons Benjamin J. Newton and Thomas E. Newton executors and trustees to perform the trusts of this will, and I give, devise and bequeath to them, as such executors and trustees, all the rest and residue of my estate, real, personal and mixed, of which I shall die seized and possessed, or to which I shall be entitled at my decease, except what has hereinbefore been given, devised and bequeathed to my daughters, Susan C. Newton and Martha J. Newton and my grandson James O. Newton, in trust that they shall dispose of the same to the following uses and purposes, and I hereby authorize them and the survivor of them, if in the performance of their trust it becomes in their judgment necessary or expedient to sell at public or private sale in such manner as they shall deem most for the interest of all concerned any part of all of the estate which shall come to heir hands, and to convey the same to the purchaser or purchasers, I give said trustees and executors or the survivor of them, after the payment of all my just debts and funeral expenses and the payment to my daughter, Martha J. Newton. of the one hundred dollars cash, as hereinbefore provided, to transfer, assign, payover and convey to my children Benjamin J. Newton, Thomas E. Newton, Susan C. Newton, Martha J. Newton, and Julia A. Smith, wife of Jacob A Smith, and my grandchildren, Lula L. Daniel and Sallie V. Daniel, the balance and remainder of the property and estate, real, personal and mixed or the proceeds of the same, which shall come to their hands under the terms of this will, and as soon after the same shall come to their hands as they conveniently can, to be divided between them in the following proportions and in the following manner: One-sixth part to each of my said children Benjamin J. Newton, Thomas E. Newton, Susan C. Newton, Martha J. Newton, and Julia A. Smith, to have and to hold the same to them and their heirs and assigns forever, and one-twelfth part to each of my said grandchildren, Lula L. Daniel and Sallie V. Daniel, to have and to hold the same to them and their heirs and assigns forever, and I hereby direct and request that my said executors shall be exempt from giving securities upon their official bonds.

In testimony whereof I hereunto set my hand and seal this 22nd day of May A.D. 1888.

 

TS1

Martha Jane Moore

Born 22 January 1810, North Carolina
Died 23 June 1878
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama
Married 25 December 1832

 

T1

Benjamin Jasper Newton

Born 1 August 1834, Robeson County, North Carolina
Died 10 January 1899 (Pneumonia)

 

T2

Susan Catherine Newton

Born 18 June 1836, Robeson County, North Carolina
Died 6 April 1897
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama

 

T3

Oliver Newton

Born about 1838, North Carolina

 

T4

Thomas Edmond Newton

Born 2 November 1839, Butler County, Alabama
Died 21 January 1905 (heart failure)
Buried at Demascus Cemetery, Butler County, Alabama

 

T5

Martha Jane Newton

Born 21 September 1841, Butler County, Alabama
Died 21 May 1921
Buried at Ebenezer (Craig) Cemetery, Butler County, Alabama
Never Married

 

T6

Julia Anne Newton

Born 15 April 1842, Alabama
Died 8 February 1927

 

T6S1

Jacob Andrew Smith

 

T7

Amos Newton

Born About 1846, Alabama
Died 6 June 1864

The 17th Alabama Infantry Regiment was organized at Montgomery in August 1861. In November it moved to Pensacola, and was present at the bombardment in that month, and in January after. In March 1862 the regiment was sent to west Tennessee. Brigaded under J.K. Jackson of Georgia, along with the Eighteenth, Twenty-first, and Twenty-fourth Alabama regiments. The regiment fought at Shiloh and lost 125 killed and wounded. A month after, it was in the fight at Farmington with few casualties. In the autumn, when Gen. Bragg moved into Kentucky, the 17th, much depleted by sickness, was left at Mobile. It was there drilled as heavy artillery, and had charge of eight batteries on the shore of the bay. It remained at that post until March 1864, when it was ordered to Rome, Ga. The brigade consisted of the 17th and 29th Alabama, and the 1st and 26th Alabama, and 37th Mississippi, were soon after added. The command devolving at different times on Gen. Cantey of Russell, Col. Murphey of Montgomery, Col. O'Neal of Lauderdale, and Gen. Shelley of Talladega. It was engaged at the Oostenaula bridge and in the three day battle of Resaca, with severe loss. The Seventeenth had its full share of the trials and hardships of the campaign from Dalton to Jonesboro, fighting almost daily, especially at Cassville, New Hope, Kennesaw, Lost Mountain, and Atlanta. In the battle of Peachtree Creek it lost 130 killed and wounded, and on the 28 July, 180 killed and wounded. The entire loss from the Resaca to Lovejoy's Station was 586, but few of whom were captured. The regiment moved into Tennessee with Gen. Hood, and lost at least two-thirds of its forces engaged at Franklin; and a number of the remainder were captured at Nashville. A remnant moved into North Carolina, and a part fought at Bentonville. It was then consolidated with the 29th and 33rd Alabama regiments, with E.P. Holcombe of Lowndes as colonel, J.F. Tate of Russell lieutenant colonel, and Willis J. Milner of Butler major. The regiment surrendered at Greensboro, N.C. April 1865.

 

T8

Sarah Newton (Sallie)

Born About 1848, Butler County, Alabama

 

T8S1

Frederick F. Daniels

Married 24 March 1870 by Benjamin Newton, JP

 

T81

Lula L. Daniels

 

T82

Sarah Daniels

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