Clay County Wills-Book A Date: Sun, 01 Aug 1999 11:13:26 -0700 Contributed by Patricia Scott Clay County Wills-Book A Copyright © 1999 by Patricia A. Scott. legacy@comnett.net July 29, 1999. Transcription of Clay County, Alabama, Book of Wills, Volume A: March 13, 1867 - August 20, 1900. This copy contributed for use in the USGenWeb Archives. ******************************************************************* USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************* The information listed below is in the order that they appear on the microfilmed original books. Being human, the possibility of typing errors exists. I have taken every effort to be sure that what appears here, is in fact what is on the original documents. The first twelve pages consist of an alphabetical listing of contents. Page# 13 : Last Will and Testament of B. D. SMITH In the name of God, Amen, I, BENJAMIN D. SMITH being of sound mind and memory, and knowing that it is appointed for all men once to die, and believing that my desolution is near at hand, do by these presents ordain and constitute this to be my last will and testament hereby revoking all former wills and testaments made by me. First, I desire that my executrix bury my body in a decent manner after my death; Secondly I desire that my executrix pay all my just debts and funeral expenses and collect my debts after my death. Thirdly I will and bequeath unto my beloved wife, MARY ANN SUSAN SMITH all my real and personal estate to have and to hold it until my youngest son shall arrive at the age of twenty-one years old. To have the right of hiring laborers to cultivate my real estate, for the use of my wife and children and to pay the hirelings out of the proceeds of the crop and to sell any portion of my personal estate for the purpose of supporting and educating my children, and after the youngest son arrives at the age of twenty-one years old, to be equally divided amongst my wife and children (viz.) MARY ANN SUSAN SMITH, WILLIAM A. SMITH, JAVAN J. SMITH, BENJAMIN C. SMITH and GEORGE M. SMITH and after my wifes death, her portion of my estate to be equally divided amongst my children. Fourthly I hereby appoint my wife, MARY ANN SUSAN SMITH, my executrix to this my will and testament and desire that my executrix act without giving bond and security to the Probate Judge of Clay County. Fifthly, in the event that my executrix is about to fail in giving my children a good English education, and does not manage my estate in a husband like manner, she shall forfeit all her right as executrix under this will and I hereby appoint my brother, ROBERT SMITH in her stead as executor and don’t require him to give bond and security to the Probate Judge of Clay County for his acts as executor. Sixthly my wife, MARY ANN SUSAN SMITH, my executrix, has liberty to sell any or all of my lands if her and ROBERT SMITH both think it best to support and educate the children by them both signing the deed, except the home lands, to wit: The Northeast fourth of section sixteen and the north half of section fifteen and the east half of section nine in Township eighteen Range nine and the children arrive at the age of twenty-one years old, my executrix may give them any portion of my real estate to cultivate by charging them rent until my youngest son shall arrive at the age of twenty-one years old, or any stock at a fair resolution, or many without charging them with interest. Signed Sealed on this thirteenth day of March, 1867. SIGNED: Benj. D. Smith (seal) Published in the presence of: William J. WARE, Memory C. N. COSLEY, James L. HOWELL, E.. TURGRAN Sr. (In a box: S.C. Internal Review Stamp 80 ch cancelled) The State of Alabama: Clay County: Personally appeared before me, James L. WILLIAMS, Judge of Probate, in and for said country and state, William J. WARE, James L. HOWELL and W. TURGRAN (Sen) subscribing witnesses to the above and forgoing will who being each duly sworn say that they were each present when said will was signed by the said BENJAMIN D. SMITH. That the signature to the said will was signed by the Said BENJAMIN D. SMITH in their presence and that he signed, published and declared the same to be his last will and testament, and that the said testator was at the time of signing the same was of sound and disposing mind and above the age of twenty-one years and that they and each of them signed as witnesses in his presence and in the presence of each other at his request on the day the same bears date. SIGNED: William J. WARE, J. L.. HOWELL, E. TURGRAN. Sworn to and subscribed before me this 3rd day of June A. D. 1867. SIGNED: J. L.. WILLIAMS, Judge of Probate. State of Alabama: Clay County: I, James L. WILLIAMS, Judge of Probate in and for said county and state, hereby certify the above and foregoing will together with the probate thereof has been duly recorded in Book A, page 20-21 & 22 in this office on the 3d day of June, 1867. SIGNED: James L WILLIAMS, Judge of Probate ******************************************************************* Pages 15 to 17: The State of Alabama: County of Clay: I, TANDY CARTLEDGE, being of sound mind and memory and knowing the uncertainty of life make the following will as my last will and testament. First I bequeath unto my beloved wife, MARY CARTLEDGE after paying all my just debts and subject to the hereinafter mentioned conditions and exceptions, all my entire real and personal property that I now own or may possess at my death with the right to sell the real or personal property, and invest in other real estate and personal property as she may wish or deem best. Thirdly I will and bequeath to my daughter, SUSAN CARTLEDGE (sic) one half of the household furniture and one forty acres of land known as the McKennon tract and known by me as -----. And further of my said daughter SUSAN CARTLEDGE shall continue to live single till the death of her mother, then it is my will that she be entitled to one half of all the real and personal estate less the present value of the forty acres of land above mentioned, that may be left by her mother “MARY CARTLEDGE” at her death and the rest or other half of the said estate left by his wife MARY CARTLEDGE at her death to equally divided between his son, SAMUEL CARTLEDGE, and his daughter MARY COWSERT (sic) now the wife of FRANCIS M. COWSERT. The said SAMUEL CARTLEDGE to be enabled to a certain horse which he will account for at the value of one hundred and twenty-five dollars at the death of his mother, MARY CARTLEDGE. In the event of my daughter SUSAN marrying before the death of her mother, it is my will that she have one half of the household furniture, her own stock and the forty acres of land above mentioned absolute and then at the death of her mother, to be equal with her brother and sister in all the estate left by their mother, MARY CARTLEDGE, at her death. I hereby revoke all other wills and establish and declare this my last will and testament on this 30th day of April, 1875. SIGNED: TANDY CARTLEDGE (his mark) (Seal). Attest: James L. MAYO (his mark) and W. R. FORSHEE. RECORDED September 7 1876, J. L.. Williams, J of P. State of Alabama: Clay County: I, JAMES L. WILLIAMS, Judge of Probate in and for said county hereby certify that the above and foregoing instrument of writing is a true and correct copy of a paper duly filed in this office and duly proven as the last will and testament of TANDY CARTLEDGE late, of said county, deceased, and I further certify that said will and the Probate thereof has been duly recorded in this office in Book of Wills and Bonds in Vol. B Page 141-142-143 and 144. Given under my hand of Office this June 28, 1875. SIGNED: James L. Williams, Judge of Probate. The State of Alabama: County of Clay: Before James L. Williams, Judge of the Court of Probate in and for said county in person came James L. MAYO and William R. FORSHEE who are personally known to me and after being each duly sworn depose and say upon oath that they were attesting witness to the last will and testament of TANDY CARTLEDGE, deceased, that the foregoing and attached paper is a full true and correct copy of the said original will which is alleged to have been burnt. That the said that the said (sic) CARTLEDGE deceased, signed published and declared said testament to be his last will and testament and that affiants set their signatures thereto on the day said instrument bears date as subscribing witnesses to the same in the presence of said testator that said testator was of sound mind and memory and in the opinion of defendants, fully capable of making his will at the time the same was made as aforesaid affiants further state that said testator was on the day of the said date of said will, of the full age of twenty-one years and _____. SIGNED: James L. MAYO (his mark). Subscribed and sworn to before me this the 6th day of September A. D. 1876. SIGNED: James L. Williams, Judge of Probate The following will duly proven was recorded on the 28th day of June A. D. 1875. The book containing the record and the original will were both burned Dec 18th 1875. A certified copy furnish the widow was then admitted to record. ******************************************************************* Pages 17-20: The State of Alabama: Clay County: In the name of God, Amen, I JAMES P. ROWE of the said State and County, being of sound mind and in common heath, knowing that I must depart this life at so time according to nature, consider it right and proper both as respects my family and myself, that I should make some disposal of my property with which a kind providence has blessed me, do therefore make this my last will and testament. Item I I desire that my body be buried in a decent and a Christian like manner suitable to my condition and circumstance in life: My soul I trust shall return to rest with God who gave it, as a hope for eternal salvation through the ments and atonement of the Blessed Lord and Savior Jesus Christ, whose religion I have professed and as I humbly trust, have enjoyed for twenty odd years. Item 2 I desire and direct that all my just debts be paid without delay by my executors hereafter appointed, as I unwilling my creditors should be delayed in their just rights especially as there is no necessity for delay. Item 3 I desire and direct that all of my property remain together during my wife’s widowhood or natural life the same to be used to raise and school all of the minor heirs of said estate. Item 4 I desire and direct that that (sic) my daughter, ANN, now ANN JOHNSON, have five dollars paid in her hand by my executors as a full amount of her part of my property , the same I grant unto her before there is any division among the other lawful heirs and she is not to have any more of my estate only the said five dollars and that not to be paid till the marriage of death of my wife, MARY ANN M. ROWE, then an equal division of my other property to be decided among the rest of my lawful heirs. Should my wife marry, then my wife only to draw a child’s part and 1 bed and bedding extra. Item 5 I desire and direct that the amount that falls to my daughter H. G. GRIMES, formerly H. G. ROWE, remain in the hands of my son, MARTIN, and she only draw the interest of the same annually as long as she lives or as long as G. M. GRIMES lives, should she be the longest liver, if she should be the longest liver then it is to be paid to her as her own individual property. Should she died first, my son to hold the same without interest until her children become of age then an equal division to be made among her heirs. Item 6 I desire and direct that fifty dollars worth be deducted out of my daughter H. G. GRIMES part as she has already for that amount out of my estate. Item 7 I desire and appoint my wife, MARY ANN M. ROWE, and my sons MARTIN and WILLIAM ROWE my executors, and they have the right to sell and devise with said property as they may think best without any order of Court. This is my last will and testament. August 19, 1871. SIGNED: James P. ROWE (S.S.) Signed sealed declared and published by James P. ROWE as his last will and testament in the presence of us the subscribers, who subscribed our names thereunto in the presence of said testator at his special request and instance, and of each other: August 19, 1871. Witnesses names: SIGNED: Wm. Chappell, Benjamin J. Autry, A. J.. Dawkins, Rufus Dawkins. The State of Alabama: Clay County: Probate Court of said County, August 2nd, 1876, Estate of JAMES P. ROWE, dec’d. In the matter of the Probate of will of: Before me, James L. Williams, Judge of Court of Probate, held in and for said county, personally Benjamin J. AWTRY and Rufus DAWKINS whose personal identity has been satisfactorily made known to me, and who being by me first duly sworn each for himself, deposes and says upon oath that he is a subscribing witness to the instrument of writing now shown to theirs, and which purports to be the last will and testament of James P. ROWE, dec’d, late an inhabitant of Clay County, Ala: that said James P. ROWE since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be his last will and testament, and that affiants, each for himself, set his signature thereto on the day the same bears date, as subscribing witness to the same, in the presence of the testator, in the presence of the other witnesses and in the presence of each other: 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. Affiants further states that said testator was, on the day of said date of said will, of the full age of twenty-one years and upwards. SIGNED:: Benjamin J. AWTRY, Rufus DAWKINGS. Sworn to and subscribed before me, James B. Williams, Judge of Probate of for said county on this the 2nd day of August A. D. 1875. And I further certify that the personal identity of the witnesses was fully made known to me before signing the same. In witness whereof I have hereto subscribed my name on this the day and date above written. JAMES L. WILLIAMS, Judge of Probate. State of Alabama: Clay County: I, James L. Williams, Judge of Probate in and for said county and state do hereby certify that the within instrument of writing has this day in the Probate Court of said county, and before me, as the Judge thereof been duly proved by the proper testimony to be the genuine “last will and testament” of James P. ROWE, late of said county, deceased, and that said will, and the said proof thereof, together with this certificate has been recorded in my office in Book of Wills Volume B, page 48 to 51. In testimony of all which I have hereto set my hand and affixed the official seal of my office at my office in the town of Ashland, Alabama, on this the 2nd day of August, A. D. 1875, SIGNED: James L. Williams, Judge of Probate. I, JAMES L. WILLIAMS, Judge of Probate, hereby certify that the above and foregoing will was duly proven and recorded as for certificate and that the original record was destroyed Dec 18th 1876 and the same again recorded Dec 20th 1876. SIGNED: James L. Williams, Judge of Probate. ******************************************************************* Pages 21 to 22 Docket A Page 95 & 99 Petitions A Page 2 Minutes A Page 2 & 9 JOHN SHORT decd. Estate: No 4: Last Will and Testament: State of Alabama: County of Clay: Know all men by these presents, that I, JOHN SHORT, being over the age of twenty one years, a resident citizen of said county, and of sound mind and in view of the uncertainty of human life, and in consideration of the natural love and affection that I have for my daughter, NANCY HEARN/HEORN, wife and widow of DARLING HEARN/HEORN, and their children; will and devise all my property, real , personal, mixed, choses in acting and all evidence of property, of which I may die, passed or entitled to, with the exceptions herein set forth as follows to wit. To each here that could claim an interest in any of my property in the event I died intestate, except said daughter NANCY HEORN and her children. My will and desire is that each one shall have and be entitled to receive from my estate the sum of one dollar and only that amount, which sum of one dollar is to be paid by my executrix and executor hereinafter named and as directed. 2nd I bequeath will and devise all the remainder of my estate real personal, mixed choses in action and all evidence of property of which I may died possessed or entitled to, to my said daughter NANCY HEARN and her children. 3rd It is my will and desire that my said daughter, NANCY HEARN and her son JOHN HEORN act as my executrix and executor and that they are hereby appointed by me as such to carry out the provisions of this my last will and testament. 4th It is my will, desire and instructions that my said executor and executrix keep all my estate together until the youngest child of the said NANCY becomes of age and then all my property be divided as above directed to wit: One dollar to each one of all the heirs, that could claim and be entitled to an interest in my estate in the event that I had died without a will and the remainder of all my property to be equally divided between and among the said NANCY HEORN and her children. But the said NANCY is authorized to so use and dispose of said property up to the time of her youngest child becoming of age or a sufficiency thereof, as may be necessary, to property clothe, educate and board herself and children, and pay all legal and necessary expenses in having the provisions of this my last will and testament carried into effect. In testimony whereof I have here unto subscribed my name and affixed my seal on this the day of ____ 1872. SIGNED: John SHORT (seal). In the Presence of the said testator JOHN SHORT, we signed our names as witnesses on the day of December 1872. SIGNED: John C Smith and J. A. Carter. The State of Alabama: Clay County: Before me J. L. Williams, Judge of Probate in and for said county in a cause pending in said Probate Court for the substitution and Probate of the last will and testament of John SHORT dec’d, of said county come John C. SMITH and Joseph A. CARTER and being by me duly sworn say on their oaths that the said will of the said John SHORT was in writing and signed by him, the said John SHORT, on the day of December, 1877, and that said will was on that day attested by the affiants, Jno C. Smith and Joseph A. Carter, as witnesses thereof and affiants say that they subscribed their names in the presence of said testator, and that said testator subscribed his name in their presence, all further declare at the will this day substituted for said original will which was signed by affiants is in substance the same as said original will. SIGNED: John B. SMITH and Joseph A. CARTER. Subscribed and sworn to before me this 10 February A. D. 1876, SIGNED: James L. Williams, Judge of Probate. ******************************************************************* Pages 23 through 24 GEORGE LESTER dec’d. Last Will of: State of Alabama: County of Clay: Know all men by these presents that I, GEORGE LESTER of said county and state being in my proper mind and being mindful of the uncertainty of life and being anxious to make provisions for my beloved wife, FRANCIS LESTER, do ordain, make and constitute this my last will and testament. I will and bequeath to my beloved wife FRANCIS LESTER the following property for her own proper use and benefit forever viz. the Southeast quarter of the Southeast quarter of Section seven of Township twenty-one of Range eight containing forty acres more or less to have and to hold together with all the appurtenances thereunto belonging ort in any wise (sic) appertaining. Also one called “Lil” with her calf and their increase, one ewe and lamb and their increase, one sow and pigs and their increase, by increase as used here I mean all that may come from said cow, sheep and sow from this time on, be it many or few. I further will and bequeath use to my said wife, FRANCIS LESTER, one feather bed pillow and bolsters, one bed s___ and all that is attached; a bed such as sheets quilts coverlets blankets and counterparts sufficient to cover a bed in winter and make it comfortable for sleeping also 1 spinning wheel and cords, one table five chairs 1 loom one wash pot one dinner pot, one spider and lid, six cups, six saucers, six plates, six knives, six forks, six spoons, one plow stock and plow hoes, and harness necessary, one cream colored grey mare named Mary and her increase from this time forward. It is my will that the said FRANCIS LESTER have full control and absolute possession of all of said property to manage and control the same, as fully and as completely as if purchased by herself with her own labor and at her death make such disposition of the same as she may see proper. I further will and bequeath that the remainder of my property be equally divided between my two children JAMES LESTER and SARAH wife of Y. M. GILBERT after my just debts are paid: In testimony whereof I have hereunto set my hand and affixed my seal, with a full knowledge of the contents of said _______ and with and for the purposes therein stated. SIGNED: GEORGE LESTER (LS). Signed in Presents of: J. L. Williams, Logan S. Smith (his mark), Henry W. Smith (his mark), and I. H. Smith (his mark). State of Alabama, Clay County: Probate Court May Term 1876: Before me James L. Williams, Judge of Probate for said county personally come Isaiah H. SMITH and Henry W. SMITH who being by me duly sworn depose and say that they were present at Ashland in Clay County, Alabama, when GEORGE LESTER signed his last will and testament, and that the said GEORGE LESTER called on them for that purpose, and at his request, then came to Ashland and signed the said last will as attesting witnesses in the presence of each other and in the presence of said GEORGE LESTER testator and in the presence of James L. WILLIAMS and Logan S. SMITH the other two attesting witnesses and that they recognize the paper now presented to the court as the identical last will so signed by said Testator, and by them as such attesting witnesses and that said GEORGE LESTER was of sound mind and disposing memory at the time he so signed said will, was over twenty-one years of age and deponent further says that according to the best of their memory knowledge and belief, the aforesaid described signing of said will took place about August 1897. SIGNED: Isaiah H. Smith (his mark) and Henry W. Smith (his mark). Sworn to and subscribed before me May 22, 1876 SIGNED: James L Williams, Judge of Probate. ******************************************************************* Pages 25 through 27 JOHN WEBSTER Dec’d. Last Will of: Know all men by these presents that I, JOHN WEBSTER of Clay County, Alabama, considering the uncertainty of this life, and being of sound mind and memory, do make, declare and publish this my last will and testament: 1st I bequeath unto my beloved wife, PHEBE ANN, the use improvement and income of all my lands stock and whatsoever belongs thereto to have and hold the same to her for and during her natural life, with powers that may be necessary to sell any surplus stock or income to pay any of my debts by consent and advice of my Executor. 2nd I direct that at the death of my wife, my Executor sell all my estate both real and personal and the money divided equally between all my heirs except ISAAC A. WEBSTER he has had two hundred dollars already, and I direct that all my other heirs have the same amount of two hundred dollars and then the remainder divided equal with him and the rest of my heirs to wit: ISOBELLA JANE NEWSOME, SUSAN ARMUND FINDLY, SIDNEY A. and EDGAR EUPOROUS FULLER the minor heirs of MARY S. FULLER, ANN WEBSTER, FRANCIS E. A. EIDSON, LOUISA A. DURNET (DURNELT?). 3rd I nominate and appoint my beloved (sic) friend JOSEPH EIDSON to be the executor of this my last will and testament, and direct that he act as guardian of my two grand children, SYDNEY A. and EDGAR E. FULLER, after the death of my wife and that he takes care of their part in my estate and loan the same at interest in this state so long as he lives or remarries in the State of Alabama, and in either event that he return their money into the Office of Probate Judge of Clay County, Alabama, to act as Mordant and loan the money out at interest. But not to loan it out of the County of Clay and State of Alabama. In testimony whereof I have to this my last will and testament contained on one sheet of paper, subscribed my name and set my seal this the firth day of April A. D. 1876. SIGNED: JOHN WEBSTER (LS) Signed sealed declared and published by the said JOHN WEBSTER for and as his last will and testament in presence of us, who at his request and in his presence and in presence of each other have subscribed our names as witnesses hereto: SIGNED: J. L. KNOWLES, Alexander COLDOUGH and H. W.. ARMSTRONG. State of Alabama; Clay County: Probate Court of said county in the matter of the Probate of the last will and testament of JOHN WEBSTER, deceased. Before me, James L. Williams, Judge of the said court personally appeared in open court Alexander COLDOUGH and Joseph T. KNOWLES who having been by me first respectively duly sworn and examined did and do depose and say on oath that they are each subscribing witnesses to the instrument of writing now shown to them and which purports to be the last will and testament of JOHN WEBSTER, deceased, late an inhabitant of this county. That said JOHN WEBSTER since deceased, signed and executed said instrument on the day the same bears date and declared the same to be his last will and testament, and that affiants 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 said will at the time. The same was made as aforesaid affiants further state that said Testator was on the day of the said date of said will of the full age of twenty-one years and upwards. SIGNED: Alexander Coldough and J. T. Knowles. Subscribed and sworn to before me this Dec 18, 1876 SIGNED: James L. Williams, Judge of Probate. The State of Alabama, County of Clay: I, James L. Williams, Judge of the Court 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 thereof, been duly proven with the proper testimony to be the genuine last will and testament of JOHN WEBSTER, deceased; and that said will together with said proof thereof have been recorded in my office in Book of Wills B, 2 page 25-26 & 27. In witness of all which I have hereto set my hand and the seal of the said court this 18th day of December, 1876. SIGNED: James L. Williams, Judge of Probate. ******************************************************************* Pages 27 through 28 Docket A Page 170 Minutes A Page 72 JOHN HARBISON, deceased, Last Will of: Petitions A Page 49 I, JOHN HARBISON of the County of Clay and State of Alabama, being of sound mind and disposing memory and considering the uncertainty of human life, do make ordain, publish and declare this to be my last will and testament. 1st I will my soul to God who gave it and that my body be buried in a decent manner after my death. 2nd I desire that all my just debts be paid. 3rd I will and bequeath to my two youngest daughters MARTHA E. and JANE A. HARBISON one hundred acres off the south side of my land to be equally divided between them, and I mean the land upon which I now reside. 4th The ballance (sic) of my land, and other personal property. I will and bequeath to my wife JANE HARBISON, for her own use and benefit during her life time should she live longer that I do and at her death to be sold or otherwise equally divided equally among all my children, to wit: MARGARET A., SARAH P., JOHN G. B. (or his heirs), FEABA P., ANGELINE, MARTHA E. and JANE A. HARBISON. 5th I hereby authorize and empower a majority of the above named heirs, at the death of my wife, or at my death should I be the longest liver, to select some competent maner (sic) to divide the property equally among them without process of law, always reserving one hundred acres of land to the said MARTHA E. and JANE A. HARBISON extra they being entitled to their share extra of the land. In witness hereof, I have hereto subscribed my name and affixed my seal this the 25th day of February A. D. 1868 SIGNED: JOHN HARBISON (his mark) (S.S.) Published in the presence of James L. Williams, H. A. Manning and Wm H. Pearce. The State of Alabama, Clay County: Probate Court of said county in the matter of the Probate of the last will and testament of JOHN HARBISON, dec’d Before me James L. Williams, Judge of the said court personally appeared in open court Henry A. Manning and William J. Pearce who having been by me first respectively duly sworn and examined did and does depose and say on oath that they are each subscribing witnesses to the instrument of writing now shown to them and which purports to be the last will and testament of JOHN HARBISON, deceased, late an inhabitant of this county. That said JOHN HARBISON since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be his last will and testament, and that affiantrs 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 so made as aforesaid Affiants further state that said Testator was on the day of the said date of said will of the full age of twenty-one years and upwards. SIGNED: H. A. Manning and W. J. Pearce Subscribed and sworn to before me this 22nd day of February 1877. SIGNED: James L. Williams, Judge of Probate. State of Alabama, Clay County: I, James L. Williams, Judge of the Court of Probate in and for said county and state do hereby certify that the within instrument of writing, has this day, in this court, and before me as the judge thereof been duly proven by the proper testimony to be the genuine last will and testament of JNO HARBISON, deceased, and that said will, together with said proof thereof have been recorded in my office in Book of Wills No 2 Page 27 & 28. In Witness of all which I have hereto I have hereto set my hand and the seal of the said court this February 22nd 1877. SIGNED: James L. Williams, Judge of Probate. ******************************************************************* Page 29 Alabama: Clay County: JOHN MACOY, dec’d, Last Will of: In the name of God, Amen, I, JOHN MACOY, of the county and state aforementioned, being weak in body but sound in mind do make and declare this to be my last will and testament of all the property with which a kind providence has blessed me to wit: Ist Item I desire that my body shall be interred in a manner conformable to my circumstances in life and I commit my sole (sic) with humble confidence to my maker relying for salvation on the merits and atonement of my Savior. ******************************************************************* The State of Alabama: Clay County: I, JAMES M. NELSON, of said County and State, being of sound mind and disposing memory and being desirous of growing direction of how my property shall be disposed of after my decease, do make, declare and publish this my last will and testament: Item One: As soon as it is practicable after my death, I want my executrix or executor hereinafter named to pay all my just debts. Item Two: I have heretofore given my daughter LENORA A. MAYO four hundred and fifty dollars, being all that I desire her to have of my property until a final division hereinafter mentioned shall be made. Item Three: I have heretofore given my daughter MINNIE ROBISON three hundred dollars, If I shall not have given her one hundred and fifty dollars more, after making this will and before my death, I direct my said executor or executrix to pay her one hundred and fifty dollars as soon as it is practicable to do so. Item Four: After Carrying out the provisions of items one and three above, I direct that the remainder of my property be kept together for the benefit of my family not mentioned in items two and three above; viz: my wife NANCY P NELSON, my daughter FRANCES IDELLA NELSON, my son JAMES OWEN NELSON and my half sister SUSAN NELSON during the lifetime of my wife and minority of any one of my said children or so many of them as shall remain living together on my homestead where I now reside. Item Five: I direct that my executrix or executor hereinafter named may sell any of my personal or real estate whenever she or he shall deem it necessary in order to carry out the purposes specified in items one and three or for the purpose of educating any one of my said family, except my homestead. And in making any sale of either personal or real property, I hereby direct and empower my said executrix or executor to sell at public or private sale, and or such terms as my said executrix or executor may deem best. Item Six: After the death of my said wife and when the youngest one of my said children then alive shall have become twenty-one years of age, upon the agreement of a majority of my children residing upon my homestead named above, my executrix shall make sale of all my property then remaining in such manner and on such terms as they my said children, except my two oldest daughters or a majority of them shall agree upon and shall decide it as follows: 1st after making provisions to take care of my said half sister, SUSAN NELSON, if she shall then be living in such manner as they shall agree upon, each of my said four younger children shall have four hundred and fifty dollars and 2nd the remainder there to be equally divided among all my six children. Item Seven: The homestead mentioned hereinbefore means the SW 1/4 of SW 1/4 of Section 30 T20 R8; NW 1/4 of NW 1/4 and W 1/2 of NE 1/4 of NW 1/4 of Section 31 T20 R8 and the SE 1/4 of SW 1/4 of SW 1/4 of Section 30 and E 1/2 of NE 1/4 of NW 1/4 of Section 31 T20 R8 and 30 acres in SE 1/4 of SE 1/4 of Section 25 T20 R7, and 2 acres immediately south of the last named lot and all other lands connected with my present homestead where I now reside and owned by me, together with the mills situated on said lands and all other improvements thereon. Item Eight: I nominate and appoint my wife, NANCY P. NELSON to be the executor of this my last will and testament and if she shall not survive me, then my son MONROE C. NELSON, when he shall have arrived at the age of twenty-one years; and after him I desire that next my son JAMES OWEN NELSON shall be executor. I mean by this item that my wife NANCY P. NELSON is my first choice as executrix of this will and at her death on resignation, my next choice is my son MONROE and upon his death resignation or refusal to act then my son JAMES OWEN, to be executor of this my will. And I hereby exempt each of my above named executors and executrix from giving bond. In witness whereof I hereunto set my hand and seal on this the first day of February 1888. SIGNED: J. M. NELSON Witness: GEO W. MACKEY and J. H. NAIL. The State of Alabama Probate Court. 15 February 1890, Clay County: George W. MACKEY a subscribing witness to the last will and testament of JAMES M. NELSON deceased, being sworn testifies as follows: I was present on the 5 day of February 1888 when JAMES M. NELSON signed his will. The paper filed in the Probate Court of Clay County, Alabama, on the 28 day of January 1890 by NANCY P. NELSON is the paper he, said NELSON, signed as his said will. He executed said will in my presence and with presence of J. H. NAIL the other subscribing witness. We each subscribed it as witnesses in said NELSON’s and each there presence and at this said NELSON’s request. Said NELSON was then over twenty-one years of age of sound mind and disposing memory and a citizen of said Clay County, Alabama, and the declared said will to be his last will and testament . SIGNED: G. W. MACKAY. Sworn to and subscribed before me this 15 February, 1890. SIGNED: Hiram M. Evans, Judge of Probate. The State of Alabama Probate Court, 15 February 1890, Clay County: J. H. NAIL, a subscribing witness to the last will and testament of JAMES M. NELSON, deceased, being sworn testifies as follows: I saw JAMES M. NELSON sign his name to said will. He signed it in my presence and in the presence of GEORGE M. MACKEY and we signed it as witnesses in each other’s presence and in the presence of said NELSON. Said NELSON was at the time of sound mind and disposing memory and in my opinion, competent to make a will. He said the will was as he wanted it and that it disposed of his property as he wished it to be disposed of. SIGNED: J. H. NAIL Sworn to subscribed before me this 15 day of February, 1890. SIGNED: Hiram M. Evans, Judge of Probate. ******************************************************************* Pages #132 Will of ELIZABETH JOHNSON The State of Alabama: Clay County: I, ELIZABETH JOHNSON of Clay County, Alabama, do make, declare and publish the following to be my last will and testament. I will and bequeath all my property both real and personal to my son, TOLIVER JOHNSON, who is non composimentis, I hereby appoint as guardian for said TOLIVER JOHNSON my daughter CAROLINE JOHNSON, and direct that after my death, she, the said CAROLINE JOHNSON take charge of all my property of every kind, pay all my debts, and with the residue of my estate, support herself and care for her said brother TOLIVER. I hereby empower her to sell any of my said property at private or public sale, or dispose of it in any other way she may think best for herself and said TOLIVER. The only condition being that she must take care of and support him during his natural life. After the death of my son TOLIVER JOHNSON, I desire that whatever of my property may be left shall descend to my said daughter CAROLINE JOHNSON absolutely. I nominate and appoint and appoint (sic) my said daughter CAROLINE JOHNSON to be the sole executrix of this my last will and testament and hereby direct that she be exempt from making any bond as said executrix. Witness my hand and seal on this the 30 day of May, 1892. SIGNED: ELIZABETH JOHNSON (L.S.) Witness: J. L. CARPENTER and ARTHUR W. EVANS The State of Alabama: Clay County: I, E. A. PHILLIPS, Judge of the Court of Probate in and for said County do hereby certify that the within 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 JOHNSON deceased, and that said will together with the proof thereof has been recorded in my office in Book of Wills Vol. “A” Page 132. In witness whereof I have hereunto set my hand and the seal of the said court this the 4th day of March, 1893. SIGNED: W. A. PHILLIPS, Judge of Probate.