Chambers County Alabama - Wills - John Wise 1859 ****************************************************************************************** USGENWEB Notice: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Don L. Clark July 2002 ****************************************************************************************** Note: Tombstone epitaphs found in the Gammill-Wise-Smith Cemetery in Chambers County, Alabama. John Wise, October 25, 1796 - November 11, 1860 Nancy Wise, October 27, 1800 - August 31, 1877 ================================================================================ Will of John Wise - 1859 Chambers County, AL Will Book 3, Pages 61 - 63 The State of Alabama Chambers County In the name of God, Amen. I John Wise of said State and County, being of sound mind and memory and in a common state of health and being aware of the uncertainty of life and the certainty of death, do make and publish this my last will and testament in manner and form as follows. First. I give and bequeath unto my wife Nancy, an equal part of my estate, both real and personal, it being one-seventh part of all my property. Second. I give and bequeath unto the heirs of my son Patton A. Wise, an equal part of all my estate with the exception of a negro girl worth $500, and $500 in cash which I have heretofore gave unto my son Patton A. Wise, and the said amount I desire to be deducted from the one-seventh part of my estate which I give to said P. A. Wise heirs or children. Third. I give and bequeath unto my son James W. Wises' children that is now in existence or may hereafter be borned as his lawful children, the following described lots or parcels of land to wit: The West 1/4 of Section 20 Township 21 Range 24 in Tallapoosa County, and also the North 1/2 of Section 30 Township 21 Range 24 in Tallapoosa County, Alabama, it being the said land worth $2,000. I desire that the said children of my said son James W. Wise shall have an equal part of my estate both real and personal, with the exception of the above named amount of $2,000 and $500 which I have heretofore given to my said son J. W. Wise. And I desire that the said amount of $2,500 be deducted from that one-seventh part which I give to the lawful children of my said son J. W. Wise. Fourth. I give and bequeath unto my daughter Angaline McClendon and the heirs of her body and her children, one-seventh part of all my estate both real and personal, with the exception of the amount of $2,000 which I desire to be deducted from the one-seventh part. I give my daughter Angaline for the reason that I have heretofore gave her the following named negroes: Roda, Susa, and Amanda, which I consider worth $2,000. Fifth. I give and bequeath unto my daughter Mary E. Oliver or her children, one-seventh part of all my estate both real and personal, with the exception of the amount of $1,200, which I wish to be deducted from the said one-seventh part, for the reason that I have heretofore gave her the following named negroes: Milly and Elizer, which negroes I consider worth $1,200. Sixth. I give and bequeath unto my two daughters and their heirs, Nancy Tabitha Wise and Delaney J. Wise, each one-seventh part of all my estate both real and personal. In testimony whereof I have hereunto set my hand and seal this the 15th day of November 1859. John Wise L.S. Attest: W. C. Shipp C. D. Henderson ================================================================================ State of Alabama Chambers County I, William L. Crayton, Judge of Probate in and for said County and State, do hereby certify that the within instrument of writing has this day in said court, and before me as the Judge of Probate thereof, was duly proven by the proper testimony to be the genuine last will and testament of John Wise, deceased, and that said will, together with the proof thereof have been recorded in my office in Book of Wills, No. 3 Pages 61, 62, & 63. In witness whereof I have hereunto set my hand and the seal of the said Probate Court, this 4th day of December A.D. 1860. William L. Crayton Judge of Probate ================================================================================ Application for Probate of Will Filed 20th of November 1860 State of Alabama Chambers County To Wm. L. Crayton, Judge of Probate of said County. The undersigned James W. Wise, represents that he is a son and heir-at-law of John Wise, late of the County and State aforesaid, declares that the said John Wise, who at the time of his death was an inhabitant of this County, departed this life on the 11th day of November 1860, leaving a last will and testament duly signed by him and attested by Willis C. Shipp and Cullen D. Henderson, who reside in Tallapoosa County in this State. And that your petitioner as such son and heir is interested in the estate of the said deceased, and which will is herewith produced to your Honor and prepared for probate and ____ in this court. Your petitioner further states that the widow of said deceased is Nancy Wise, who resides in this County and that the next of kin of said deceased are his children, viz.: Your petitioner, (James W. Wise) Sarah A. wife of Abram McClendon, who resides in this County Mary E. wife of Samuel C. Oliver, who resides in Macon County, Alabama Nancy T. wife of George W. Gammill, and Delaney Jane Wise, who reside in this County and all of whom are over the age of 21 years. And the children of Patton A. Wise, deceased, viz.: Ella and Dora Wise, minors under 14 years of age who reside with their mother Frances Wise in the County of Tallapposa, Alabama. He therefore prays that a day be set for the hearing of this petition, and that such notices may be given and such orders and proceedings made and ____, as may be proper and necessary to effect the due probate and record of the same in this court. J. W. Wise Sworn to and subscribed before me this the 20th day of November 1860. Wm. L. Crayton, Judge of Probate