Dallas County AlArchives Court.....Martin, William M. February 24, 1896 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Don Thomas donmthomas@hotmail.com September 4, 2008, 2:35 pm Source: Probate Court Minutes: Information Found In The Dallas County, Courthouse, Selma, Alabama. Probate Court Minutes, Volume, 33. Pages 507, 508, 509, 510, 520, 521, 522, 523, 524, 525, 550, 551, 552, 553, 554, 555, 556, 574 Written: February 24, 1896 Recorded: May 9, 1896 Estate of William M. Martin - deceased Monday February 24th 1896, In the matter of the petition to probate the will of the said deceased. This day comes Hugh S. D. Mallory and files in this court his petition praying this court to admit to probate and accord, as and for the last will and testament of the said William M. Martin, deceased, an instrument in writing preparatory to be his last will and testament, and filed in this court with his said petition, said petition is in type writing, and is under oath, and is as follows: To the Hon P. G. Wood, Judge of Probate Court, Dallas County, Alabama: Your petitioner, H. S. D. Mallory, shows unto your Honor, that he is over twenty one years age and resides in Dallas County, Alabama. 2. He further alleges that William M. Martin, who resided in Selma, Dallas County, Alabama at the time of his death, departed this life on or about the 30th day of January, 1896, having a last will bearing date November the 25th, 1895, and is signed by the said William M. Martin, and is attested by A. L. McLeod and H. S. D. Mallory, who reside in Selma, Alabama, and said codicil is signed by the said William M. Martin, and is attested by John J. Babsick and John P. Furnise, who reside in Selma, Alabama. Your petition is made executor thereof in and by said will. 3. He further alleges that the next of kin of the said William M. Martin, so far as they are known to your petition, are as follows: Elizabeth Smith, an unmarried woman, who resides in Sebastian County, Arkansas; William T. Martin, who resides in Johnson County, Arkansas; Sarah Jane Smith, John T. Martin, Georgianna King, wife of Rule King, Matilda Jacobs, wife of Jasper Jacobs, William B. Martin, Mary E. Johnson, wife of Reed Johnson, all of them reside in Johnson County, Arkansas, except said William B. Martin who resides in said Sebastian County, Arkansas, Mattie Mann, wife of Robert Mann, both of whom reside in Selma, Alabama, Sarah A. Porter, wife of John V. Porter, who resides in Poplar Bluff, Missouri; John M. Lynch, who resides in Sebastian County, Arkansas, James Thomas Lynch, who resides in or near Fort Worth, Texas; William Riley Lynch, and Henry D. Lynch, who reside in or near Spring Town, Texas; Charles W. Lynch, who reside in Newton County, Missouri; Miles Edward Lynch, Cora Lee Lynch, Joseph L. Lynch, all of whom reside at Salem, in the State of Illinois; Charles Lynch, Bertie Lynch, and Jessie Lynch, all of whom reside near or at Paragould, in the State of Arkansas. All of the above named persons are over the age of twenty one years except said Joseph Lynch and Charles Lynch, who are minors over the age of fourteen years, and said Bertie Lynch and Jessie Lynch, who are minors under the age of fourteen years. Neither of said minors has any guardian in the State of Alabama, the mother of said Joseph L. Lynch is dead; his father resides out of the State of Alabama; but his name and residence are unknown to your petitioner. The father of said Charles Lynch, Bertie Lynch and Jessie Lynch is dead. Your Petitioner does not know the name or residence of their mother, except, as he avers, that she does not reside in the State of Alabama. The other next of kin of the said William M. Martin, deceased, and their names and residences are unknown to petitioner. He further avers that the said William M. Martin left us ___, and that he left no next of kin residing in the State of Alabama, except the said Mattie Mann, said testator was over the age of twenty one years at the time he executed will and codicil. 4. Your petitioner herewith produces and files for probate in this honorable court his said will and testament and codicil thereto, of the said William M. Martin as his last will and testament, and he hereby ___ that the same was his last will and testament. The premiss considered. Petitioner prays your honor that notice of the filing of this petition and application to probate said will and codicil, and of the filing of said will and codicil in this court for probate as the last will and testament of said William M. Martin be given to his next of kin as required by law, and that all notices, proceedings, orders and decreed necessary or proper to the due probate of said will and codicil be given, had, taken and rendered in this cause, and that said will and codicil be admitted to probate in this honorable court as the last will and testament of the said William M. Martin, deceased, H. S. D. Mallory H. S. D. Mallory being duly sworn devises and says that all the statements and allegations in the foregoing petition contained are true to the best and ___ of his knowledge and behalf. H. S. D. Mallory Sworn to and subscribed by the said H. S. D. Mallory before me this Feburary 24, 1896. P. G. Wood, Probate Judge. It is therefore ordered, adjudged and decreed by the court that Thursday the 19th day of March, 1896, be, and the same is hereby appointed for hearings the petition in this case, copied above; and that notice of the filing of the petition in this case be given to all the next of kin of the said William M. Martin, deceased, - those of them who reside in the State of Alabama by notice thereof served upon them personally, and to those of them who reside out of the State of Alabama by publication of notice thereof an in a week for three succeeding weeks prior to the 19th day of March 1896, in the Daily Journal a newspaper published in the city of Selma in Dallas County, Alabama and that notice to them who reside in the State of Alabama, be served upon them ten days prior to the 19th day of February, 1896. Estate of William M. Martin, deceased, Wednesday March 18th, 1896. In the matter of the petition to probate the will, and codicil thereto, of the said decedent. This day came Mattie Mann and Annie Porter and Mary E. Smith heirs at law of the said William M. Martin, deceased, by Petters & Petters and Henry F. Resse, their attorneys, and filed in this court their allegations in writing, that the instruments in writing propounded for probate and recorded in this case, as and for the last will and testament and codicil thereto, of the said William M. Martin, deceased, are not his last will and codicil thereof; for reason set forth in said allegations in writing; and they contend the petition filed in this case, and they ask that a jury be summoned and empaneled to try the issue between Hugh S. D. Mallory as the ___, and the said Mattie Mann, Annie Porter and Mary E Smith as contestants. Said allegations in writing said contents is as follows: In the Probate Court of Dallas County, in the State of Alabama, In the matter of the petition of Hugh S. D. Mallory for the probate of a paper ___ propounded as the last will of William M. Martin, deceased. 1. And now come Mattie Mann, and Annie Porter, and Mary E. Smith, and show to the court that said Mattie and Annie are daughters of Sarah A. Lynch, who was a sister of said William M. Martin, deceased, and that said Sarah A. Lynch died in Selma, Alabama, before the death of said William M. Martin. And so, the said Mattie Mann and Annie Porter are heirs at law of the said William M. Martin, deceased, and they further show that said Mattie Mann resides in Selma, in the State of Alabama, and is over the age of twenty one years; and the said Annie porter resides in Poplar Bluff, in the State of Missouri, and is over twenty one years of age; and the said Mary E. Smith is a sister of said William M. Martin, deceased, and also one of his heirs at law, and is over twenty one years, and resides in the State of Arkansas. 2. And the said Mattie Mann, Annie Porter and Mary E. Smith say the said paper writing is not the will of said William M. Martin, deceased, and ought not to be probated as such, and they state the following objections to the probate of said paper writing: First: For that the said paper writing was not executed by said William M. Martin of his own free and voluntary will; but said paper writing was procured to be executed by and control of one Laura Gill and one Callie Golson, who are named in said paper writing. Second: For that the said paper writing was not executed by said William M. Martin of his own free and voluntary will; but said paper writing was procured to be executed by said William M. Martin, by the undue influence and control of one Laura Gill and Callie Golson, who are named in said paper writing. Third: For that the said paper writing was not executed by said William M. Martin of his own free and voluntary will; but said paper writing was procured to be executed by said William M. Martin, whilst he was feeble in body and mind by the undue influence and control of one Callie Golson, who is named in said paper writing. Fourth: For that the said paper writing was not executed by said William M. Martin of his own free and voluntary will; but said paper writing was procured to be executed by said William M. Martin whilst he was feeble in body and mind, by the undue influence and control of one Laura Gill, who is named in said paper writing. Fifth: For that the said Mattie Mann, Annie Porter and Mary E. Smith contest the said petition to probate said paper writing, and pray that a jury may be summoned and empaneled to try the issue between said Hugh S. D. Mallory as proponent, and said Mattie, Annie and Mary as contestants, as required by statute in such case provide. Petters & Petters and H. F. Reese, Attorneys for contestants. It is ordered by the court hereby, that the said contest, copied above, be filed in this court with the original petition in this case, to be taken up with the said petition, in the day set for hearing said petition - on March 19, 1896. Estate of William M. Martin, deceased. Thursday, March 19th, 1896. In the matter of the petition of Hugh S. D. Mallory to probate the will of said deceased. This being the day appointed by the court to hear the petition filed in this court on the 24th day of February, 1896, by Hugh S. D. Mallory, to probate, as and for the last will and testament, and codicil thereto, of William M. Martin, deceased, instruments in writing __ to be his last will and testament and codicil, now comes the said Hugh S. D. Mallory, the petitioner, in person, and by attorney, and come also, Mattie Mann, Annie Porter and Mary E. Smith, heirs at law of the said William M. Martin, deceased, who have filed in this court their allegations in writing, contesting the said petition, by Petters & Petters and Harry F. Reese, their attorneys; and the petitioner show to the satisfaction of the court, that notice of the filing of the petition in this case, and of the day appointed by the court for hearing the same, has been duly given to all the heirs at law of the said William M. Martin, deceased, named in the petition in this case, and to all other persons who are heirs at law of said deceased - to Mattie Mann and her husband, Robert Mann, who reside in the State of Alabama, by notice thereof, duly served upon them more than ten days prior to this day, by the Sheriff of Dallas County Alabama; and to all the heirs at law of said deceased named in the petition in this case who reside out of this State, and to all the heirs at law of said decedent not named in said petition who reside out of this State, if any such there be, by publication of notice thereof once a week for three succession weeks prior to this day in the Daily Journal, a newspaper published in the city of Selma, Dallas County, Alabama; and it appearing to the court that Joseph L. Lynch, Charles Lynch, Bertie Lynch and Jessie Lynch are named in the petition in this case as heirs at law of the said William M. Martin, deceased; and that they are minors under twenty one years of age; and that they reside out of the state of Alabama; and that they have been brought into court in this case by ___ of notice as aforesaid; and that it is necessary for said minors to be represented in this case by guardian and litem; and that Edmund W. Petters, of Selma, Alabama, is a competent and proper person to represent the four said minors as their guardian at litem. Was therefore ordered by the court that the said Edmund W. Petters be, and he is hereby appointed guardian and litem for the said Joseph L. Lynch, Charles Lynch, Bertie Lynch and Jessie Lynch minors, and heirs at law of the said William M. Martin, deceased, in this case in the petition of Hugh S. D. Mallory to probate the will and codicil ___ of the said William M. Martin, deceased. And now comes the said Edmund W. Petters and files in this court his consent in writing as act as guardian and litem in this case, for the said four minors - Joseph L. Lynch, Charles Lynch, Bertie Lynch and Jessie Lynch. Hugh S. D. Mallory, ____} Mattie Man and sisters, ____} In the Probate Court of Dallas County. March 19, 1896. I hereby consent to act as guardian and litem for Joseph L. Lynch, Charles Lynch, Bertie Lynch, and Jessie Lynch, minor heirs of William M. Martin, deceased. E. W. Petters And now, under the direction of the court, and issue is made up between the petitioner in this case, Hugh S. D. Mallory as plaintiff, and the said Mattie Mann, Annie Porter and Mary E. Smith, as defendants; and the said issue is made up by the petitioner enduring upon the contest filed in this court in this case on the 18th day of March, 1896, the words following, ___ "Comes the proponent and takes issue on the allegations of the contestants. Mallery & McLeod, Satterfield & Young, Pitts - Pitts & Soffold Attyn for Proponent And the defendants having asked in their contest paper, filed in this court on the 18th day of March, 1896, that a jury may summoned and even paneled to try the issue between the plaintiff and the defendants in this case: It is ordered by the court, that twenty four names of jurors be drawn from the jury box of Dallas County, in the manner prescribed by section 15 of the jury Law for Dallas County - It being Act No. 301, in the published Acts of ___ for the years 1884 - 85 pages 495; and that an order be issued to the sheriff of Dallas County, ___ heirs to summon so decision, to be and appear in this court on the 24th day of April, 1896, to __ in this case And it is __ ordered by the court, that this case be, and it is hereby continued until Friday the 24th day of April, 1896. Estate of William M. Martin, deceased. Friday, April 24th 1896. In the matter of the petition to probate the will of said decedent & codicil. It is hereby ordered by the court, that the hearing of the petition in this case, set for this day, be, and the same is hereby continued until Monday, April 27th, 1896. Estate of William M. Martin, deceased. Wednesday, April 29th, 1896. In the matter of the petition to probate the will and codicil of said William M. Martin, deceased. On the 24th day of February 1896, Hugh S. D. Mallory filed in this court his petition in writing and under oath praying this court to admit to probate and record in this court, as and for the last will and testament and codicil thereto of William M. Martin, deceased, instruments in writing __ to be his last will and testament, and his codicil thereto, and filed in this court with his said petition; and, therefor, the court appointed Thursday the 19th day of March, 1896, for hearing the said petition. And on the 18th day of March, 1896, Mattie Mann, Annie Porter and Mary E. Smith, heirs at law of the said William M. Martin, deceased, filed in this court their allegations in writing, that the instruments in writing propounded for probate and record in this case, as and for the last will and testament of the said William M. Martin, deceased, and codicil thereto were not duly executed by the said decedent; and that the said decedent was of unsound mind at the time the same were executed; and that the said last will and testament, and codicil thereto were procured to be executed by the said decedent by undue influence executed upon him. And on the 19th day of March, 1896, this court appointed Edmund W. Petters guardian and litem in this case for the heirs at law of the said William M. Martin, deceased, who are minors under twenty one years of age namely, Joseph L. Lynch, Charles Lynch, Bertie Lynch and Jessie Lynch; and, on the same day the said Edmund W. Petters filed in this court his consent ____ to act as guardian and litem in this case for the said minors; and, the contestants having demanded a jury to try this issue made up in this case, on the same day, by and under the direction of the court between the proponent of the will and codicil thereto, Hugh S. D. Mallory, as plaintiff, and the said Mattie Mann, Annie Porter and Mary E. Smith, the persons contesting the validity of the said will and codicil thereto, as defendants, this court made an order to summon twenty four jurors to appear in this court to try the issues __ in this court, on the 24th day of April, 1896, and on the 19th day of March, 1896, this case was duly continued until Friday, the 24th day of April, 1896, this case was duly continued until Monday, April 27th, 1896, came the plaintiff in this case, and showed to the satisfaction of the court, that notice of the filing of the petition in this case, and of the day appointed by this court for hearing the said petition was duly given to all the heirs at law of the said William M. Martin, deceased, in the manner directed by the former order of this court in the premises to these who live in this State, by notice served upon them by the Sheriff, __ ten days prior to the day appointed for hearing said petition - prior to March 19th, 1896, and to these who live out of this State by publication of notice thereof once a week for three succession weeks prior to the day appointed for hearing the said petition - prior to March 19, 1896, in the Daily Journal, a newspaper published in the city of Selma, in Dallas County, in Alabama; and on the 27th day of April, 1896, came the defendants, Mattie Mann, Annie Porter, and Mary E. Smith, in person, and by their attorneys, and the plaintiff and the defendants being ready to try this case, the court did then empanel a jury to try the issues ___ in this case, which jury is comprised of William L. Kirkpatrick and eleven others, good and lawful men, and competent jurors under the law of this State, which jurors were duly sworn according to law, to well and truly try the issues given in this case, and true verdict to render according to the evidence; and, those upon, the parties proceeded to examine their witnesses in open court; and not being able to finish the case on the 27th day of April, 1896, the case was continued until Tuesday the 28th day of April, 1896; on which day the case was again taken up, and witnesses were examined in open court; and not being able to finish the case on the 28th day of April, 1896, the court continued the case until the d29th day of April, 1896; on which day the case was again taken up, and the examination of the witnesses was finished, and the case was argued before the court, and before the jury, and the jury, after consideration returned unto court their verdict, which is in writing, and is as follows: namely, "We the jury find the issue for the plaintiff. W. L. Kirkpatrick, Foreman. This the 29th day of April, 1896." It is therefore ordered, adjudged and decreed by the court, that the petition in this case, filed in this court on the 24th day of February, 1896, be, and the same is hereby granted; and __ the instrument in type writing ___ to be the last will and testament of the said William M. Martin, deceased, - also filed in this court on the 24th day of February, 1896, - signed in writing by the said William M. Martin, and signed also by A. L. McLeod and Hugh Mallory, as subscribing witnesses thereto, and dated the 25th day of November, 1895, be, and the same is hereby declared to be the last will and testament of the said William M. Martin, deceased, and is hereby admitted to probate and record in this court as and for the last will and testament of the said William M. Martin, deceased. And it is further ordered, adjudged and decreed by the court, that the other instrument in type writing ____ to be a codicil to the said last will and testament of the said William M. Martin, deceased, also filed in this court on the 24th day of February, 1896, - and attached to, and following the said last will and testament, and signed by the said William M. Martin in writing, and signed also by John B. Bobsick and John P. Furnise, in writing, as subscribing witnesses, thereto, and dated "December the __ 1895," be, and the same is hereby declared to be a codicil to the last will and testament of the said William M. Martin, deceased, above admitted to probate and record, and is hereby admitted to probate and record in this court, as and for a codicil to the last will and testament of the said William M. Martin, deceased, which is herein above admitted to probate and record. It is further ordered adjudged and decreed by the court, the plaintiff, Hugh S. D. Mallory, have and recover of the defendant, Mattie Mann, Annie Porter and Mary E. Smith, the cost of the contest in this case, to be taxed, for which ___ may be issued. It is further ordered by the court, that the last will and testament of the said William M. Martin, deceased, and the codicil thereto be recorded in this court, in the proper record of wills. Estate of William M. Martin, deceased. Wednesday, April 29th, 1896. In the matter of the petition to probate the will of said decedent, and the contest thereof. In this case it is ordered by the court, that the defendants, Mattie Mann, Annie Porter and Mary E. Smith, be allowed until Monday the 8th day of June, 1896, to file in this court their bill of exception. Estate of William M. Martin, deceased. Thursday April 30th, 1896. In the matter of the appointment of the executor of the estate. This day came Hugh S. D. Mallory and filed in this court his petition in type writing and under oath, praying this court to appoint him executor of the estate of the said, William M. Martin, deceased, without bond. Said Petition is as follows: Hon. P. G. Wood, judge of the Probate Court of Dallas County, Alabama: The undersigned, Hugh S. D. Mallory, respectfully avers and shows unto your Honor as follows: 1. That he resides in Dallas County, Alabama and is over twenty one years of age. 2. That William M. Martin, who was a resident of Dallas County, Alabama, departed this life on or about the 30th day of January, 1896, leaving a last will and testament, which was, on the 29th day of April, 1896, after due proceeding, admitted to probate as the last will and testament of said William M. Martin, deceased, in the Probate Court of Dallas County, Alabama; and that in and by said will and testament, your petitioner is appointed the executor thereof, and __ from giving bond or security as such. He further states that the said William M. Martin owned real and personal property situated in said County, at the time of his death; and that no administration has been granted on his estate. The premises considered, your petitioner prays your honor that letters testamentary on the estate of said William M. Martin be issued to him without bone or security. H. S. D. Mallory Hugh S. D. Mallory, being duly sworn, deposes and says, that the statements contained in the foregoing petition, signed by him are true, to the best of his knowledge, information and belief. H. S. D. Mallory. Sworn and subscribed to before me, by Hugh S. D. Mallory, this 30th day of April, 1896. P. G. Wood, Probate Judge. And it appearing to the satisfaction of the court, that the allegations of the petition in this case, copied above, are true; that the said William M. Martin was an inhabitant of Dallas County, Alabama, at the time of his death; that he died on or about the 30th day of January, 1896; that he left a last will and testament, and codicil thereto; that the said last will and testament and codicil thereto, were duly admitted to probate and record in this court, on the 29th day of April, 1896; that the petitioner in this case, Hugh S. D. Mallory, is named in the said last will and testament as the executor thereof, and is expressly exempted from giving bond as such executor; that he is over twenty one years of age, and is an inhabitant of Dallas County, Alabama; and is a competent and proper person to execute the said last will and testament and codicil thereto; It is therefor ordered adjudged and decreed by the court, that the petition in this case, copied above, be and the same is hereby granted; and that the __ in this case, the said Hugh S. D. Mallory, be, and he is hereby appointed executor of the last will and testament and codicil thereto, of the said William M. Martin, deceased, and of the estate of the said William M. Martin, deceased; and that letters testamentary upon the last will and testament and codicil thereto, of the said William M. Martin, deceased, be, and the same are hereby granted to the said Hugh S. D. Mallory, the petitioner in this case; and that the said Hugh S. D. Mallory be not required to give bone or security as such executor until he further order by this court. Estate of William M. Martin, deceased. Thursday April 30, 1896. In the matter of the appraisement of the said estate It is ordered by the court, that Walter B. Bartlett, John Scarff and Rufus A. Self be, and they are hereby appointed appraisers of the personal property of the estate of the said William M. Martin, deceased; and that the said appraisers appraise the personal property of said estate. Estate of William M. Martin, deceased. Saturday, May 9th, 1896. In the matter of the inventory of said estate. This day came Hugh S. D. Mallory, as the executor of the estate of William M. Martin, deceased, and filed in this court an inventory of the personal property of the said estate, which inventory is in type writing, and under oath; It is ordered by the court, that the said Inventory be recorded. File at: http://files.usgwarchives.net/al/dallas/court/martin231gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 26.9 Kb