Estate Records of James S. Adams (Will & Probate) - Butler County, AL ----------------------------------------------------------------------- USGENWEB NOTICE: In keeping with the USGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. ALGenWeb File Manager - Lygia Dawkins Cutts ----------------------------------------------------------------------- James S. Adams Estate Papers (Will & Probate) Transcribed by Susan Riggs 1. Will County of Butler, State of Alabama In the name of God, amen. I, James S. Adams of Lowndes County State of Alabama, being sick and weak in body, but of sound mind, memory, and understanding, do make and publish this my last will and testament in manner and form following, to wit: First of all, I give and bequeath unto my children born of my wife Emaline Adams, to be divided equally among them, the sum of five thousand dollars which will be due on my death from the Atlas Life Insurance Company of St. Louis Missouri, on a Policy of insurance on my life which I have taken out with said insurance company. The said sum of five thousand dollars is to be equally divided among my children by my wife Emaline Adams as soon as paid by the said insurance company. And for the better education of my children, I do give and dispose of the tuition and custody of them and every of them, unto my wife until such time as they and any of them respecively continue unmarried, and under the age of twenty-one years. I do hereby give and bequeath unto my wife Emaline Adams all of my property not otherwise disposed of in this my last will and testament both real and personal, to have and to hold during her life-time or as long as she remain my widow, provided always she provide for comfortably and educate reasonably my children born by her out of my said estate. The manner of education I leave to her own good judgment until my said children are twenty-one years of age or married. And provided also she pay all of my just debt out of my said Estate, and that my wife shall have power as she may see fit to dispose of any of any of any personal or perishable property during her life time. And at my wife’s deth I do give and bequeath all of my property real and personal to my children by my wife Emaline Adams, to be divided equally among them. Provided further in the event of my wife marrying again, I do then give and bequeath all of my property real and personal to be equally divided among my wife and children; she taking a child’s part thus revoking in the event of her marrying again the previous clause of this will bequeathing all of my property real and personal to her for life. And I hereby nominate and appoint my wife Emaline Adams Executor of this my (turn over) last will and testament, hereby revoking all former will and wills by me heretofore made. In witness whereof I have hereto set my hand and seal this sixth day of December, Anno Domini one thousand eight hundred and seventy. James S. Adams Signed, sealed, published, and declared by the above named James S. Adams as and for his last will and testament in the Presence of us who have hereunto subscribed our names as witnesses thereto, in the presence of the said testator, and in the presence of each other. E.T. Knight A.M. Crum Vincen X Adams **************************************************************************** 2. The State of Ala, Lowndes County To the Hon. J.V. McDuffie Judge of the Probate Court in and for the county and state aforesaid The undersigned Emaline Adams of the County of Lowndes and state of Alabama respectfully showeth unto your Honor that James S. Adams late of said county and state separted this life on the 6th day of December 1870 in County of Butler and ___aforesaid leaving assets in the county of Lowndes and being an inhabitant of the county of Lowndes at the time of his death that the said James S. Adams at the time of his death left a certain proper writing signed by him and certified by E.T. Knight, A.M. Crum, and Vincent Adams as subscribing witnesses purporting to be his last will and testament & which said paper ____is hereto attached as a proof of this petition, your petitioner ___ showeth ____ ______ _____ that she is the widow of the said James S. Adams deceased deceased (sic) and that he also left surviving him the following children who are heirs at law and distributees under ___of said estate, viz: Sarah F. Adams aged about 17 years, Josephine V. Adams aged about 14 years, William L. Adams aged about 11 years, Thomas M. Adams aged about 9 years, Mary J. Adams aged about 6 years, Laura Adams aged about 3 years, and Sidney J. Adams aged about 1 year and all residing in this counting with petitioner this ______ _______. Your petitioner further showeth unto your Honor that the said James S. Adams was an inhabitant of the County of Lowndes at the time of his death and that he left real and personal property in said count at the time of his death. Your petitioner is (next 2 lines difficult to read).....for the hearing of this petition ___ ___ be given to all parties interested as the law ____that a guardian ad litem be appointed for the _____children named in this petition of said ____. That E.T. Knight, A.M. Crum, & Vincent Adams witnesses to said paper ____who reside in Butler County Alabama be ___ ____and offer before your honor in the due offices ___for the ______ of this petition to have the execution of said paper ____ purporting to be the last will and testament of the said James S. Adams deceased & that upon the hearing of this petition that said ___ _____ be admitted to probate ...(rest is difficult to read). Emaline Adams 26 Dec 1870