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Testator charges the real and personal estate devised & bequeathed to his children,
Susan A. Charles F. and William C. respectively, with the payment to
his wife annually during her life, of the one forth part of the Nett pro
ceeds thereof. What is the impact of the term, Nett proceeds, or, in other
words, what expenses of said several estates shall be deducted, before the
One fourth of the Nett proceeds of each of said estates, shall be applied to
the benefit of the widow of said Testator, is a question which said legatees,
and expecially your Orator is desirous should be settled by a decree of
your Honor.

Said Will is silent as to whether sums paid annually by said Executors,
to the several legatees, shall be charged against them,and accounted for, in
the final settlement and division of said estate, and your Oratores ignorant
of his duty on this point.

Testater gives to his Grand Son William S. Swoope all
his Old Sterling plats, certain negroes by name and 3,000 dollars, placed
at his birth in the hands of his father to be kept at interest untill he attain
to the years of twenty one years, and directs, that should he die, leaving a
widow and Child, nor decendant of a child, then, she shall have of said
bequest, what the law of Alabama, would entitle her to, were said Will
iam S. seized and possessed of the same in fee simple, and the three oldest
sons of Testator, or their families shall have the balance. Said William S.
has died since said Testator an infant and intestate, leaving no widow or,
child nor decendant of any child, and neither parent nor brother nor
Sister of the whole blood, nor the decendants of any such brother or Sister
living, but has left two sisters of the half blood and two brothers. Children of
his deceased father said Jacob K. Swoope, by a second marriage.

Your Orator has not taken possession of the 3,000 dollars nor the interest
accumulated thereon. He desires the instruction of your Honor as to
whether he shall take steps to recover of the personal representation of said
Jacob K. Swoope deceased, said sum of 3,000 dollars and interest thereon,
and what interest, whether simple or compounded, he shall enact, and also,
to and among whom, he shall distribute said property bequeathed to said
William S. Swoope decd.

Your Orator has found it necessary to dispose of one
of the Slaves of said estate, by name Sindry, Specifically bequeathed to said
Frederick O. A. Sherrod deceased, in consequence of his crimes and vicious
propensities, which endangered the property on the plantation where he was
placed. We sold him on condition of his removal beyond the limits of Ala
bama, without any Order of said Probate Court for the sum of 900 dollars.
He prays your Honor to ratify said Sale, or if unempowered so to do, to ascer
tain and assess the Value of said Slave and to charge your Orator therewith.

A large portion of said estate is divided and bequeathed to your Orator and
others [nomination], in trust for the benefit of certain persons therein named
for the Management of which, your Orator desires the direction of your Honor.

Said testator died leaving a large amount of debts due from him
some of which have been extinguished by his executors and an extension
of the time of payment of others obtained from his creditors, and your Orator
hopes to be able to liquidate all of said debts within the next two or three years,