Petition for Probate of Will of James B. Gaines, Autauga, Alabama

http://files.usgwarchives.net/al/autauga/court/jbgainespro.txt
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November 1999


Petition for Probate of Will of James B. Gaines


The State of Alabama )		In Probate Court
Autauga County       )

JB Gaines, decd		This day comes Martha E. Gaines, and files her petition
      Estate of		in writing and under oath, therewith producing and 
Probate of Will		filing in this court an instrument of writing purporting 

to be the last will and testament of the said JB Gaines, deceased, and praying 
for such orders, decrees and proceedings as may be proper and required for the 
due probate and ____ (?) of said will in this court; which said instrument 
appears to be attested by Edward Shackelford and JW Mathews, of Prattville, Ala, 
and who are alleged to have signed the same as subscribing witnesses thereto. 
And it appearing to the court from said petition that petitioner is the widow of 
said deceased; that decedent left surviving him the following children, namely:  
Merrill and Aletha minors over 14 years of age, and B.H. Gaines, Richard H. 
Gaines, John H.Gaines, Emma Gunnels (wife of Alvin Gunnels), Mollie Roy, wife of 
James D. Roy, Laura Evans, wife of Henry Evans, the minors reside with their 
mother, the said petitioner,  the other heirs reside in Autauga Co. Ala, except 
Mollie Roy who resides with her husband Jas D Roy, in Elmore Co. Ala. It is 
therefore ordered by the court, that the 15 day of October, 1894, be set as a 
day for hearing testimony in proof of said instrument as such will, that said 
Edward Shackelford and JW Mathews be subpoenaed to be and appear on said day, in 
and before this court, to testify and give evidence of and concerning all and 
any facts_____ the question of the validity of said instrument as such will. 
That notice of the day set for hearing the matter be given to Emma Gunnels and 
her husband Oliver Gunnels, Mollie Roy and her husband Jas D Roy, at least ten 
days before the day set for hearing the testimony in proof of said instrument in 
writing, by citations to be served upon them notifying them of the said day 
appointed. M E Gaines for herself and for Merrill Gaines and Aletha Gaines, her 
children and minors each of whom are over 14 years of age, and in her custody, 
and BH Gaines, RH Gaines & JM Gaines, accept service of notice of said 
application and in open court waive service of notice upon them. It is further 
ordered that Z. Abney be and he is hereby appointed Guardian ad litem to 
represent and protect the interest of said minors in this proceeding, and he 
have notice of said appointment.

						WF Wilkinson, Judge Probate