John Bush Will, Butler, AL submitted by: Sandra Brown ****************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ****************************************************************** WILL OF JOHN BUSH JR The State of Ala Will Bk 4, pg 107-108 Butler County Know all men by these presents, That I, John Bush of Butler County, 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, at any time heretofore made. As to my worldly estate and the real, personal or mixed property of which I shall die seized and possessed, or which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the following matter, to-wit: First: My Will is that all my just debts and funeral expenses shall by my executors 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, Mary Ann Bush for the Term of her natural life, the following tracts or parcels of land described as follows, to-wit: The S.W. 1/4 of Sec. Three, T. 10, R. 14, containing 161 acres, more or less, known as the McCall Place. Also the following land to-wit: The W. 1/2 of N.E. 1/4, E. 1/2 of N.W 1/4 and S.W. 1/4 of N.W.1/4, which lies and is situated on the west side of Fort Dale Road, said Road to be on this boundary line, all of said lands lying and being situated in Sec. 2, T. 10, R. 14, containing 60 acres, more or less. Said lands were bought of Fannie J Norris and husband, Y.C. Norris on the 16th day of Decr. 1892. Also the following lands to-wit: A parcel of land lying on the west side of the Fort Dale Road and being a part of the S.E. 1/4 of Sec. 3, T. 10, R. 14, and being twenty-three and one-half acres, more or less. Said lands bought of S.H. Thornton and wife, by me on the 14th day of Decr. 1885. All of said land the McCall Place, the Norris Place, and the Thornton Place situated in Sec. 3, T. 10, R. 14, containing 244 1/2 acres, more or less, situated, lying and being in the County of Butler, State of Alabama. To have and to hold & use the above described land to my beloved wife, Mary Ann Bush for the term of her natural life and at her death to go to the four of my children hereinafter named in this instrument in equal parts. Third: I give, devise and bequeath to my beloved wife, Mary Ann Bush for the term of her natural life the horse & buggy I now have on hand and a one-fifth interest in all personal property that I die seized and possessed, to have and to hold and use for the term of her natural life and at her death to go to the four of my children hereinafter named in this instrument in equal parts. And should y beloved wife, Mary Ann Bush and the four named children, disagree in the division of the said property, the same is to be sold and my beloved wife, Mary Ann Bush is to have, hold & use one-fifth interest for the term of her natural life and at her death to go to the four of my children hereinafter named in this instrument in equal part. Fourth: Having provided for my beloved wife, Mary Ann Bush for the in this instrument, I give, devise and bequeath all other property that I die seized and possessed of real, personal or mixed of whatever kind of description or wherever situated, to the four of my beloved children namely: Mrs. Catherine Rodgers, wife of F.M. Rodgers, Loula Rodgers, wife of J.W. Rodgers, Samuel Bush and Mrs Fannie Stephens, to share & share alike in equal parts and have & hold the same to their use forever. Fifth: After the death of my beloved wife, Mary Ann Bush, the property given, devised and bequeathed to her for the term of her natural life, both real and personal named & mentioned in paragraphs two & three in this instrument is to revert and go to four of my children, namely Mrs. Catherine Rodgers, wife of F.M. Rodgers, Mrs. Loula Rodgers, wife of J.W Rodgers, Samuel Bush and Mrs. Fannie Stephens, to share & share alike by and between the said Catherine Rodgers, wife of F.M. Rodgers, Loula Rodgers, wife of J.W. Rodgers, Samuel Bush and Mrs. Fannie Stephens, to have & to hold the same to their use forever. Sixth: I do nominate and appoint my beloved wife, Mary Ann Bush, Catherine Rodgers, Loula Rodgers, Samuel Bush and Mrs. Fannie Stephens, as executors of this my Last Will and Testament and to act as such executors without bond. In testimony whereof, I, the said John Bush have to this my Last Will and Testament subscribed my name & affixed by my seal this 25th day of January, 1904. John Bush-(Seal) Signed, sealed and declared by the Said John Bush 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 thereto. W.P. Reynolds R.B. Smythe I, John Bush of Butler County, Ala, make this Codicil to my last Will and Testament, dated the 25th of January, 1904 which Will I ratify and confirm in all respects. 1st: Whereas, by my said Will I gave my beloved wife, Mary A. Bush, for the term of her natural life, a certain tract of land particularly described in said Will, containing 244 acres, more or less, situated & lying & being in Butler County, Ala. I hereby revoke said devise of said lands to my wife, Mary A Bush, and in lieu thereof I give, devise and bequeath to my beloved wife absolutely the sum of Eight Hundred Dollars to be paid out of my estate to her by my executors, as soon after my decease as possible or convenient. 2nd: I hereby give, devise and bequeath to Mrs Catherine Rodgers, wife of F.M. Rodgers, Lula Rodgers, wife of J.W. Rodgers, Samuel Bush and Mrs Fannie Stephens, all the residue of my estate, both real, personal & mixed, of whatever kind and description, whatever situated absolutely, that I die seized & possessed, or that I may hold or claim by legal or equitable title. And to share & share alike in said property. In testimony whereof, I, the said John Bush, hereunto set my hand & seal this 13th day of Oct. 1904. John Bush Signed and published by the said John Bush as a Codicil to his last Will and Testament in our presence, and we in his presence and in the presence of each other have at his request hereto subscribed our name as witnesses, this 13th day of October, 1904. R.B Smythe J.S. McQueen The State of Alabama, Butler County Petition of Mary A Bush and Lula Rodgers for the Probate of the Will and Codicil thereto of John Bush, deceased. To the Hon. H.D. Lampley, Judge Probate Court, Butler County, Alabama. The petition of the undersigned Mary A Bush, widow and relict of John Bush, deceased, and Lula Rodgers, daughter of deceased, respectfully represents unto your Honor that John Bush who was at the time of his death an inhabitant of the County, departed this life on or about the 8th day of March, 1911, leaving assets in this County, and leaving a last Will and testament, duly signed and published by him and attested by R.B. Smythe and W.P. Reynolds, deceased, Codicil by R.B. Smythe and J.S. McQueen, deceased. That your petitioners, as they verily believe, are named in said Will as the executrixs and do herewith surrender said Will and Codicil thereto, to the Court and pray that after proper proceedings and proofs, it may be probated and admitted to record as the true Last Will and Testament of said deceased. Your petitioners further represents that Mary A Bush, one of the petitioners, is the widow of said deceased, and that the names, ages, residences and the condition of the next of kin are as follows, to-wit: The following named grandchildren, sons and daughters of the deceased son, Sam Bush: Mattie may Bush, granddaughter, minor, age eighteen, who resides with your petitioner, Mary A Bush, Butler County, Alabama. John Bush, grandson, minor, age fourteen, who resides in Butler County, Alabama, with F.M. Rodgers. Rubie Bush, granddaughter, minor, age five, Velera Bush, granddaughter, minor, age three, both of said minors reside with their mother, Mrs Fannie Bush, in Crenshaw County, Ala. The following named grandchildren, children of deceased daughter, Mrs Fannie Stevens: Nettie Stevens, granddaughter, minor, age thirteen Ammie Stevens, grandson, minor, age eleven Hobson Stevens, grandson, minor, age nine. Each of said minors reside with their guardian, John W Rodgers in Butler County, Alabama. The following named grandchildren, children of deceased daughter, Mrs Anna Buckhaults:Cecil Buckhaults, grandson, minor, age nineteen Rubie Buckhaults, granddaughter, minor, age sixteen, each of said minors reside with their father, Joe Buckhaults at Derida, post Office, State of Louisana. The following grandchildren, children of deceased son Henry Bush: Winburn A Bush, grandson, age twenty-six, who resides in Butler County, Alabama Lafayette Bush, grandson, age twenty-three, who resides in Butler County, Alabama Amos Bush, grandson, age nineteen, who resides in Covington County, Alabama Fannie Lou Bush, granddaughter, minor, age twenty, who resides with her mother, Mollie Goodwin, Lowndes County, Alabama, post Office address, Mt Willing. The following named grandchildren, children of deceased son Tom Bush: Minnie Givens, age twenty-three, wife of Jack Givens, who reside in Henry County, Alabama, Post Office address, Dothan, Alabama Velma Stevens, age twenty-four, wife of Gus Stevens, who resides in Greenville, Alabama Augustus Bush, age twenty-six, who resides in the State of Texas, but his particular place of residence is unknown. The following named grandchildren, children of deceased daughter, Mrs Catherine Rogers: Bettie Shanks, age thirty-two, wife of W.C. Shanks, who resides in Butler County, Alabama J.F. Rogers, age thirty, who resides in Butler County, Alabama Lela Williams, age twenty-eight, wife of J.H. Williams, who resides in Covington County, Alabama Nora Harrison, age twenty-six, wife of J.A. Harrison, who resides in Butler County, Alabama Davis Rogers, age twenty-four, who resides in Butler County, Alabama Maggie Coker, age twenty, wife of Jack Coker, who resides in Butler County, Alabama Nobie Rogers, minor, age seventeen, who resides with her father F.M. Rogers, in Butler County, Alabama Elma Rogers, minor, age thirteen, who resides with her father F.M. Rogers, in Butler County, Alabama Fannie Rogers, minor, age eleven, who resides with her father F.M. Rogers, in Butler County, Alabama. The following named great-grandchildren, son of deceased granddaughter, Mamie Shanks, wife of Acy Shanks: Ralph Shanks, minor, age eight months, who has no guardian and resides with his father, Acy Shanks, in Butler County, Alabama. All of the above next of kin are of sound mind. Your petitioners would further represent that the said attesting witnesses, W.P. Reynolds and J.S. McQueen, both deceased, R.B. Smythe, resides at Greenville, Alabama and therefore further prays that your honor will set a day for the hearing of this petition, that due notice as required by law, be given the next of kin and that such other proceedings, orders and decrees be had and made in the premises as may be requisite and proper to effect the due date of probating and recording of said Will and Codicil according to Law. Mary A (X) Bush Lula Rogers