Will of John Tharp, 1873, Colbert, Alabama http://files.usgwarchives.net/al/colbert/will/jtharp.txt ==================================================================== USGENWEB PROJECT 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: Linda Green ==================================================================== March 1999 Will of John Tharp, 1873 The State of Alabama Colbert County Know all men by these presents that I John Tharp of said county and state aforesaid being of_____and disposing mind and memory and in feeble hea___ make and publish this my last will and testament ___whereas on the 15th day of October 1869 I John harp Co___ by Deed of Conveyance to my brother Robert Tharp who is now dead the following described seal est____ lying and being in said county of Colbert & State of Alabama aforesaid to wit the north east quarter the east half of the west quarter, the southwest fourth of north west quarter, the east half of the southwest quarter, the north ____fourth of south west quarter and the est half of the east quarter of sections eighteen in township six range ten east, the east half of the south west quarter and the ____half of the south east quarter of section nineteen of the same township and range containing about 640 acres be the same more or less which deed ____conveyance has been duly recorded in the office of the Judge of Probate of said county in Deed Book C page 242. And whereas on the 30th day of March AD 1872 the said Robert Tharp conveyed the above described land by deed of conveyance as follows to ____Eli Tharp a son of the said Robert Tharp the ____half of northeast quarter and the east half of the southeast quarter all in section eighteen township six range ten west; to Parthany Rebeca Williams wife of James Williams and daughter of the said Robert Tharp decd the northwest fourth of the northeast quarter and the north east fourth of the northwest quarter and the southwest fourth of the northwest quarter in section 18 and the north east fourth of the north west quarter of section nineteen all in township six range ten west; to John H. Tharp a son of said Robert Tharp decd the east half of southwest quarter the south east fourth of the northwest quarter and the north west fourth of the southwest quarter all in section eighteen township six range ten west, and whereas I John Tharp having been informed that a mistake or miss description of the numbers of the land in the said deeds of conveyance made by me to the said Robert Tharp on the said 15th day of October 1869 and that since signing said deeds of conveyance the numbers and descriptions of said land have been corrected and fearing that the corrections of said number after signing ____may posably invalidate or in some way prejudice the validity of the said deed of conveyance made by me to the said Robert Tharp therefore I John Tharp make and publish this my last will and testiment declaring that the corrections of the numbers in the said Deed of Conveyance above above referred to was made at my request and I hereby invalidate the said deed of conveyance made by said Robert Tharp on the said 15th day of October 1869 and in that event it is my will and I do so order an____that the lands herein before described as direct tha________ lands hereinbefore described as having been conveyed by Deed of Conveyance made by the said Robert Tharp on the 30th day of March 1872 to Eli Tharp, Partha Rebecca Williams wife of James Williams, John H. Tharp and Patsey Ann Tharp children of the said Robert Tharp be and same ____ property of the said Eli Tharp, Parthann Rebecca Williams, John H. Tharp and Patsey Ann Tharp, and I will and bequeath the said lands to the above named parties just as described and set forth herein before, and Lastly I do name and appoint Wm. S. Gray of said county and State to be the executor of this my last will and testament. In Testimony whereof I the said John Tharp do make this my last will and testament subscribe ____my name and affixed my seal this 14th day of _____ AD 1873 John (his mark) Tharp Esq. Signed, sealed published and declared by the said John Tharp as and for 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 hereunto subscribed our names as witnesses thereto Gist Richard Taylor D. C. Arnold The State of Alabama Colbert County Probate Court Special Term April 6th 1874 In the matter of the Probate of the Will of John Tharp deceased Richard Taylor and Dewit C. Arnold, the subscribing witnesses to the will of John Tharp deceased propounded for Probate in this Court William S. Gray who is named in said will as executor thereof said Richard Taylor and S______ and said Dewit C. Arnold who being duly sworn to speak the truth the whole truth and nothing but the truth in the premises deposed and says that they are the subscribing witnesses to said will that they signed said will in the presence of each other and in the presence of said testator and at his reuest the sid therefore made and executed and published said will as his last will and testament, that he was of disposing mind and memory, that his mind was not as strong has it had formerly been he was a very old man, but understood what he was doing and understood what he wanted to do said will was made and executed at the residence of said John Tharp decd in this county sworn to and subscribed before me this the 6th day of April 1874 Richard S. Taylor, D. C. Arnold A. W. Ligon Judge