Robert Franklin Benson Homestead Application

Submitted by Jane Benson (


LAND OFFICE AT Huntsville, Ala.

Oct 21 1903.

I, R. Franklin Benson, of Winston Co. Ala. having filed my application No. 27944 for an entry under Section 2289, Revised Statutes of the United States, do solemnly swear that I am not the proprietor of more than one hundred sixty acres of land in any State or Territory; that I am * over 21 years old, & a native born citizen of the United States; that my said application is honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person persons, or corporations, and that I will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence and cultivation necessary to acquire title to the land applied for; that I am not acting as agent of any person, corporation or syndicate in making such entry, nor in collusion with any person corporation or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that I do not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for myself, and that I have not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporations or syndicate whatsoever, by which the title which I might acquire from the Government of the United States, should inure in whole or in part to the benefit of any person except myself; and further, that since August 30, 1890, I have not entered under the land laws of the United States, or filed upon, a quantity of land, agricultural in character, and not mineral, which, with the tracts now applied for, would make more than three hundred and twenty acres, and that I have not heretofore made any entry under the homestead laws, and that I am unable to appear at the local Land Office to make this entry, because of the great distance.

For signature R. Franklin Benson

( X his mark)

Geo. W. Adkins
Samuel T. Key

Sworn to and subscribed before me, this 21 day of October 1903 at my office at Double Springs in Winston County, Alabama.

R. L. Blanton
Probate Judge
Oct. 24, 1903
R. No. 1788 $ 6.00




No. 27944 LAND OFFICE AT Huntsville, Ala.

Oct 21 1903

I, R. Franklin Benson, of Winston Co. Ala, do hereby apply to enter, under Section 2289, Revised Statutes of the United States, the NW ¼ of NE ¼, of Section 1, in Township 12 of Range 7 W, containing 39 90 / 100 acres.

R. Franklin Benson

( X his mark)


LAND OFFICE AT Huntsville, Ala

Oct 24, 1903.

I, John A. Steele, Register of the Land Office, do hereby certify that the above application is for Surveyed Lands of the class which the applicant is legally entitled to under Section 2289, Revised Statutes of the United States, and that there is no prior valid adverse right to the same.

John A. Steele
Receiver’s Receipt, No. 27944Application No. 27944
Receipt No. 2008



Receiver’s Office, Huntsville, Ala

Oct 24, 1903

Received of R. Franklin Benson, Winston Co. the sum of Six dollars……….cents; being the amount of fee and compensation of Register and Receiver for the entry of NW ¼ NE ¼ of Section 1 in Township 12 S of Range 7 West under Section No. 2290, Revised Statutes of the United States. 39.90 acres P. O. Arley, Ala.

Herschel V. Cashin

$ 6. 00



Filed in office, 9 A MU.S. LAND OFFICE
March 23, 1909MONTGOMERY, ALA
N. H. Alexander March 23, 1909
RegisterSerial No. 01357
Receipt No. 2008

R. Franlin Benson, being called as a witness in his own behalf in support of homestead entry No. 27944, for NW ¼ NE ¼ Sec. 1 T 12 R 7 testifies as follows:

Question 1.
What is your name as you wish it to appear in your patent; age, and post-office address?
Answer: R. Franklin Benson 42 years Arley Ala.

Question 2.
Are you a native-born citizen of the United States, and if so, in what State or Territory were you born?
Answer: I am a native born citizen was born in Ala.

Question 3.
Are you the identical person who made homestead entry No. 27944 , at the Huntsville land office on the 24 day of Oct 1903 and what is the true description of the land now claimed by you?
Answer: I am the person who entered the NW ¼ NE ¼ Sec 1 T 12 R 7, West.

Question 4. When did you first establish actual residence on the land? State fully acts performed by you in this connection. When was your home built on the land and when did you commence permanent occupany thereof as a place of abode? (Describe said house and other improvements placed on the land by you, giving total value thereof.)
Answer: Nov 1903, I built the house & moved on the land 16 acres cleared land, 1 dwelling house 3 rooms, stables & crib value $ 300.00.

Question 5.
Of whom does your family consist; and have you and your family resided continuously on the land since first establishing a residence thereon? (If married, state the fact.)
Answer: of myself, wife & 4 children We have resided on the land all the time.

Question 6.
When and for what period or periods (giving dates) have you been absent from the homestead since making settlement and for what purposes; and if temporarily absent, did your family reside upon and cultivate the land during such absence? If married woman, state whether your husband has unperfected homestead entry, and whether he has resided on this land with you?
Answer: not been absent.

Question 7.
How much of the land have you cultivated each season, and for how many seasons have you raised crops thereon? If used for grazing only, describe the fencing, state number and kind of stock grazed, and by whom owned.
Answer: about 15 acres for 5 seasons.

Question 8.
Is your present claim within the limits of an incorporated town or selected site of a city or town, or used in any way for trade and business?
Answer: No.

Question 9.
What is the character of the land? Is it timber, mountainous, prairie, grazing, or ordinary agricultural land? State its kind and quality, and for what purpose it is most valuable.
Answer: Farming land.

Question 10.
Are there any indications of coal, salines, or minerals of any kind on the land? (If so, describe what they are, and state whether the land is more valuable for agricultural than for mineral purposes.)
Answer: No.

Question 11.
Have you ever made any other homestead entry? (If so, describe the same.)
Answer: No.

Question 12.
Have you sold, conveyed, agreed to sell, or mortgaged any portion of the land; and if so, to whom and for what purpose?
Answer: No.

Question 13.
Have you any personal property of any kind elsewhere than on this claim? (If so, describe the same, and state where the same is kept.)
Answer: No.

Question 14.
Describe by legal subdivisions, or by number, kind of entry, and office where made any other entry or filing (not mineral), made by you since August 30, 1890.
Answer: I have made no other entry.

(Sign plainly with full Christian name.) R. Franklin Benson
(X his mark)


Section……………….of the Revised Statutes of the United States.


I, R. Franklin Benson, having made a homestead entry of the NW ¼ NE ¼ Section No. 1 in Township No. 12 S of Range No. 7 W, subject to entry at Huntsville Ala under section No. 2289 of the Revised Statutes of the United States, do now apply to perfect my claim thereto by virtue of section No. 2291 of the Revised Statutes of the United States; and for that purpose do solemnly swear that I, am a native born , a citizen of the United States; that I have made actual settlement upon and have cultivated and resided upon said land since the 1 day of Dec 1903 to the present time; that no part of said land has been alienated, except as provided in section 2288 of the Revised Statutes, but that I am the bona fide ownere as an actual settler; that I will bear true allegiance to the Government of the United States; and, further, that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except………………..

(Sign plainly with full Christian name.) R. Franklin Benson
(X his mark)

I, John S. Curtis, Probate Judge do hereby certify that the above affidavit was subscribed and sworn to before me this 20 day of March 1909, at my office at Double Springs, in Winston County, Ala.

John S. Curtis
Probate Judge

Original Application No. 27944, H. S.
Serial No. 01357
Received March 23, 1909
Receipt No. 2008
Approved March 23, 1909
N. H. Alexander, Register
John A. Steele, Receiver.
3 – 23 – 09 2.50







March 23, 1909.

It is hereby certified that, pursuant to the provisions of Section No. 2291, Revised Statutes of the United States, R. Franklin Benson, has made payment in full for the North-west-quarter of the North-east-quarter, of Section No. One , in Township No. Twelve South , of Range No. Seven West , of the Huntsville Principal Meridian Alabama, containing 39.90 acres.

Now, therefore be it known, that on presentation of this certificate to the Commissioner of theGeneral Land Office, the said, R. Franklin Benson, shall be entitled to a patent for the tract of land above described.

Nathan H. Alexander


39.91 acres – correct area as per officical plat.
E.W.W. 11/18/09

National Archives of the United States
Washington, D.C.
Complete Serial Patent Homestead Land File of:
R. Franklin Benson
Date: December 6, 1909
Accession # 93841

Witness to Homestead Land Entry Claim:
Andrew L. Key of Arley
Franklin C. Farley of Arley
Henry C. Key of Arley
James R. Key of Arley

Published weekly in the regular issue of the New Era newspaper published at Double Springs, AL for 6 consecutive weeks beginning with the issue date of February 12, 1909 and ending March 19, 1909. George W. Adkins was the publisher of this newspaper.

Robert Franklin "Frank" Benson was the son of William H. Benson & wife Mary S. who settled in Walker County, AL. Frank was married three times. His first wife was Sarah Jane Delaney who had been married previously and had a son, Osa, by that marriage. Osa was an Abbott and he later married back into the Benson family. Frank & Sarah Jane’s children were: Velmar, born Dec 1891, Emanuel Robert, born August 1894, Albert, born July 1897 and Mary, born March 1900.