Will of James B. Gaines, Autauga, Alabama

http://files.usgwarchives.net/al/autauga/wills/jbgaines.txt
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This file was contributed and copyrighted by:

Mark L. Gaines
<RepGaines@aol.com>
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October 1999


Last Will & Testament of J.B. Gaines

Know all men by these presents that I, James B. Gaines, of Autauga County, in the State of 
Alabama, being in failing health, but of sound mind, do make and publish this my last will 
and testament, hereby revoking all former wills by me heretofore made at any time.
As to my worldly estate, and all the real, personal or mixed property of which I shall die 
seized and possessed, or to which I shall be entitled at the time of my decease, I devise and 
bequeath, and dispose thereof in the manner following, to-wit
First.	My will is that all my just debts and funeral expenses, shall by my executrix, 
hereinafter named, be paid out of my estate as soon after my decease as convenient.
Second.	 I give, devise and bequeath to my beloved wife, Martha E. Gaines, all the real, 
personal or mixed property of which I shall die seized and possessed, or to which I shall be 
entitled at the time of my decease, to have and to hold during the term of her natural life, 
and after her death, to my children of her by me begotten, to their use and behoof (?) forever. 
It being my intention, after the death of my said wife, to give, devise and bequeath to my said 
children absolutley, and in fee simple all of my said described property.
Third.	In the event that it may be necessary to sell or dispose of said property, or any
part or portion thereof, for the support, maintenance or education of my said wife, or any of 
her children by me begotten, I will that she may sell or dispose of all or any part thereof 
either at public or private sale or disposal as she may deem proper or prudent.
Fourth.	I do nominate and appoint my said wife, Martha E. Gaines, to be the executrix of 
this my last will and testament, and that as such executrix it is my will that she be exempt 
from making any bond as such executrix, and that she be exempt as such executrix from making 
any ____ (?), partial or final settlement as such executrix to the Probate Court or any other 
Court in this (Autauga) County or to any other court of this (Alabama) state or any other state.
	In testimony whereof, I, James B. Gaines, have to this will and testament subscribed my 
name and offered my seal this the 29th day of November, A.D. 1893.

Signed, sealed and delivered by the		James B. Gaines	    Seal
said James B. Gaines as his last will
and testament in the presence of us,
who at his request and in his presence
and in the presence of each other, have
subscribed our names as witnesses hereto.
		Edward Shackelford
		JW Mathews	

				Proof of Will
State of Alabama )  Probate Court. In the matter of the Probate of last will &
Autauga County  )   testament of James B. Gaines, deceased.
			Before me, W.F. Wilkinson, Judge of the Probate Court of said County and 
state, personally appeared JW Mathews and Edward Shackelford, who having by me respectively 
sworn and examined, depose and say, that each of them is a subscribing witness to the instrument
of writing, now shown to them, and which purports to be the last will and testament of J.B. 
Gaines, deceased, late an inhabitant of this Autauga Co. Ala; that JB Gaines since deceased, 
signed and executed said instrument on the day same bears date; and declared the same to be his 
last will and testament, and that affiants respectively set their signatures thereto, on the 
day the same bears date, as subscribing witnesses to the same, in the presence of said 
testator; that said testator was of sound mind and disposing memory, and, in the opinion of 
deponents, fully capable of making his will at the time the same was made as aforesaid; that 
said testator was on the day of the date and making of said will, of the full age of twenty-one 
years and (?).
Subscribed and sworn to before me this 15 day			JW Mathews 
of Octr, 1894.		W.F. Wilkinson				Edward Shackelford
			Judge Probate