Elizabeth Bush Will, Butler, AL submitted by : Sandra Bush Brown ****************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ****************************************************************** Elizabeth Bush, Petition to Probate Will State of Alabama Butler County To the Hon. Zell Gaston, Judge of said court:: Your petitioners, James J Bush, Mrs. M. A. Parker, Robert Bush, George W. Bush, Emma C. Taylor, Aurilla Wright, Ella Day and Lou Bush, respectfully represent unto your Honor, that the late Elizabeth Bush, who was an inhabitant of the County at the time of her death, departed this life on the 21st day of January 1898, leaving a last will and testament, duly signed and published by her, and attested by JF Stallings a resident of Butler County, Alabama and Chas Wilkinson, a resident of the city and county of Montgomery, State of Alabama,and your petitioners are interested in the estate of the decedent. - which said will is herewith produced to your Honor and propounded for Probate and record in this Court. Said decedent was, while in life the wife of Wm. P Bush ( who is now also dead) and the names, ages, sex and residence of the next of kin, so far as known to your petitioners, are as follows: M.A. Parker, wife of S.P. Parker, of full age, and resides with her husband in Butler County; Robert Bush, James J Bush, and Geo W Bush; Emma Taylor, wife of M.C. Taylor, Ella Day wife of Wm Day, Lou Bush, wife of Marion Bush, each of whom are of full age and reside in Butler County Alabama. Aurilla Wright, wife of J.W. Wright and resides at Lampasas Texas and is of full age and his place of residence is to petitioners unknown. The other heirs or next of kin are, the children Rob't Blackmon dec'd, Pink Blackmon, dec'd and Mrs. Wright Windham dec'd, the names, ages, sex and residence of said children are unknown to your petitioners. Wherefore your petitioners pray, that a day will be set for hearing this petition, that due notice thereof as required by law be given to the next of kin of said deceased and that such other proceedings order and decrees maybe had and made in the premises as may be requisite and proper to effect the due probate, and recording of said will according to law. Sworn and subscribed before me J.J. Bush July 6, 1900 Zell Gaston Judge of Probate Butler County Probate Records Vol. 23 page 349 The State of Alabama Butler County Know all men by These Presents, That I Elizabeth Bush being of sound mind and body, and being aware of the uncertainty of life, and the certainty of Death do make and publish this my last will and Testament, I give and bequeath to my beloved husband W.P. Bush my tract of land in Butler County Alabama- Containing Seventy acres more or less and described as follows ---: the N 1/2 of NW 1/4 less 10 acres off the West end all in Section 36-Twonship 11, and Range-14 to be his individual property- free from the claims of my heirs after death- It is my desire further-that if I should survive him that said above described property shall go to the children and heirs at law of my said husband at the time of my death free from any claims by my heirs at law. I hereby make it known that I hereby waive all rights I may have to revoke this instrument at any time in the future this being part of the contract when the land was sold to me by the said W.P. Bush Signed sealed and delivered in the presence of the subscribing witnesses and they each signed it in others presence & in the presence of the Testratio Dec 24/88 Attest: J F Stallings Chas Wilkinson Certificate State Of Alabama Butler County I, Judge Zell Gaston, Judge of the Court of Probate, in and for said County, do hereby certify, that the written instrument of writing has this day, in said court, and before me, as the Judge thereof, been duly proven to be the genuine last will and testament of Elizabeth Bush, deceased: and that said will, together with the proof thereof, has been recorded in my office in Book of Wills No- page 349 in witness whereof, I have hereunto set my hand and the seal of the said Court, this the 13th day of February, 1900. Zell Gaston Judge of Probate Butler County Probate Records-Vol 23 page 350 PROOF: State of Alabama Butler County Probate Court In the matter of the Probate of the last will & testament of Elizabeth Bush dec'd. Before me Zell Gaston, Judge of said court personally appeared in open court, C.L. Wilkinson, who having been by me sworn & examined, doth depose & say, that he is one of the subscribing witnesses to the instrument of writing, now shown to him and which purports to be the last will and testament of Elizabeth Bush deceased, late an inhabitant of Butler County, Alabama; That said Elizabeth Bush, since deceased, signed and executed said instrument the same bears date, and that affiaut, and J F Stallings, the other subscribing witness to said instrument, respectively set their signatures thereto, on the day the same bears date, as subscribing witnesses to the same, in the presence of said testatrix, and of each other, and of each other; the said testatrix was of sound mind and disposing memory: and in the opinion of the deponet, fully capable of making the will at the time the same was made as aforesaid; that said testatrix was, on the day of the date and making of said will, of the full age of twenty-one years and upwards. Mrs. Wilkinson Sworn to & subscribed before me on this Febry 13th 1900 Zell Gaston Judge of Probate