Will of Timothy Cuthbert Lee, II, Houston, Alabama http://files.usgwarchives.net/al/houston/wills/tclee.txt ======================================================================== USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Judith A. Fowler ==================================================================== March 1999 Will of Timothy Cuthbert Lee II, Jellico community, Houston County, Alabama WILL OF TIMOTHY CUTHBERT LEE II, Jellico Community, Houston County, Alabama. Wife: Sarah A. E. "Sallie Ann" (Dowling) Lee. They are buried at Winslette Chapel Methodist Church (formerly known as Piney Grove Church). State of Alabama )( Know all men by these presents, that I, T. C. Lee, a resident of Houston County )( said state and county, being of sound mind and disposing memory, and realizing the uncertainty of life and the certainty of death, for the purpose of disposing of all of my real and personal property of every kind and description including what money I may have or had, and all choses in action, of which I may die seizn and possessed do make and publish this my last will and testament, by the terms of which it is intended to dispose of all of said property at the date of my death to wit. 1st It is my will and desire that all of my just debts, which I owe at the time of my death, including burial expenses, and a suitable tombstone, shall first be paid out of my estate. 2nd I will and bequeath to my beloved son James H. Lee, the following portion of my real estate to wit: The South Half of SE ¼ of NE ¼ of Section 7, Township 3, Range 25, containing Twenty Acres more or less, and situated in said county. 3rd It is my will and desire and I so bequeath that if my present beloved wife S. A. Lee shall outlive me, that she shall have the possession and control of all my real estate, including that bequeathed to my son James H. Lee and a sufficient number of my livestock and personal property to operate the farm thereon for her support during the remainder of her natural life, and the disposition of my estate as herein designated shall be postponed until the date of her death, provided she outlives me, when it shall become operatin, and my estate divided in accordance with the provision hereof, except that my executors may sell and dispose of such livestock and personal property as they may determine will not be necessary to keep for the maintenance of said farm for my said wife. 4th I will and bequeath that after the death of my said beloved wife S. A. Lee that all the remainder of my real estate, except the twenty acres bequeathed to my son James H. Lee, and all my personal property and choses in action, be sold by my executors hereinafter named, and that the proceeds shall be divided equally share and share alike, between all of my beloved sons and daughters as follows: Lurey V. Reynolds, Dora U. Jones, R. A. Lee, Lizzie Fowler, C. C. Lee, Callie T. Warren, Ella Fowler, and Lucy Fowler, provided that the twenty acres of land bequeathed to my beloved son James H. Lee shall be valued at $400.00 and shall constitute his entire interest in my estate, unless when all the residue thereof is sold and the sum realized therefrom including all money I may have shall amount to more than $400.00 a piece to each of my beloved sons and daughters shall then be equally divided between all my said sons and daughters, including my said son, James H. Lee, share and share alike. 5th It is my will and desire that when my house and lot at Jellico, Alabama, is sold under the terms of this will that my above daughter, Dora U. Jones, wife of A. L. Jones, have the refusal of the right and privileges to purchase said house and lot at a fair and reasonable price. 6th It is my will and desire and I hereby nominate and appoint my beloved sons Robert A. Lee and James H. Lee executors of this will, to qualify as such executors and dispose of my said estate according to the provisions of this will, without judgment, the same may best be sold and that they shall qualify this will without bond. 7th In testimony whereof I hereunto affix signature on this the 24th day of January 1914. T. C. Lee Executed in the presence of the undersigned witnesses hereto and we the said witnesses have signed our names as witnesses to the signature of said T. C. Lee in his presence and in the presence of each other on the day the same bears date. W. D. Ard J. A. Drew Filed on the 3rd day of June 1918 proved and ordered to be recorded on the 15th day of June 1918. S. W. Burkett Probate Judge Order Appointing Day to Hear Petition for Probate of Will STATE OF ALABAMA ( PROBATE COURT HOUSTON COUNTY ( June 3rd, 1918 Estate of T. C. Lee, Deceased IN THE MATTER OF THE PROBATE OF HIS WILL THIS DAY came R. A. Lee and filed his Petition in writing and under oath, together with an instrument of writing purporting to be the Last Will and Testament of T. C. Lee deceased, alleging that said decedent, who at the time of his death, was an inhabitant of this County, died on the 14th day of May 1918, leaving assets in this State and County, that said Will is attested by H. D. Ard and J. A. Drew, who reside in said County, except Drew, who is dead; that Petitioner is a son of said decedent, and is named in said Will together with James H. Lee, as Executors thereof; that there is no widow of said decedent; and stating the names, ages and residence of the next of kin of said decedent; that all of said next of kin are of sound mind; and praying for such orders, decrees and proceedings as may be necessary for the due probate and record of said Will in this Court, and issuance of Letters of Executorship according to the terms of said Will. IT IS, THEREFORE ORDERED BY THE COURT, That the 15th day of June, 1918, be appointed to hear said Petition, and that notice of said Petition and of the day set to hear the same, be personally served at least ten days before the day set for the hearing, on Mrs. Lurey V. Reynolds, Mrs. Dora U. Jones, Mrs. Lizzie Fowler, C. C. Lee, R. A. Lee, Mrs. Callie T. Warren, Mrs. Ella Fowler, James H. Lee, Mrs. Lucy Fowler, all of whom reside in said county, and all of whom are of the said next of kin, and reside and are within this State. IT IS FURTHER ORDERED, That H. D. Ard be subpoenaed to appear in this Court on the 18th day of June, 1918, and testify concerning all facts touching the validity of said instrument of writing as such Will. Witness my hand and seal of office the 3rd day of June, 1918. S. W. Burkett Judge of Probate I hereby certify that the written instrument has on this date been duly proven and duly admitted to records and probate and recorded in the office of the Judge of Probate of Houston County, Alabama as the last will and testament of T. C. Lee, deceased, and that said will with the proof offered in support thereof has on this date been recorded in the 134th seq. (?) Witness my hand the 15th day of June 1918. S. W. Burkett Judge of Probate (Another copy of will follows this.) THE STATE OF ALABAMA ( PROBATE COURT OF SAID COUNTY HOUSTON COUNTY ( JUNE 15TH, 1918 IN THE MATTER OF THE APPLICATION AND PETITION OF R. A. LEE, TO PROBATE THE LAST WILL AND TESTAMENT OF T. C. LEE, DECEASED. On this 15th day of June, 1918, it being the date set for the hearing of the application and petition in this cause under and order of this court heretofore entered on the 3rd day of June, 1918, under which said order the said application and petition was regularly set for hearing on this date, and this now being the date set for the hearing of said application and petition for the probate of an instrument of writing purporting to be the last will and testatment of T. C. Lee, deceased. And it appearing to the satisfaction of the court from the evidence offered and reduced to writing in court that notice of the said application and petition and of the day set and time appointed for hearing the same has been given in pursuance of law and in conformity with the order of this court made and entered on the 3rd day of June, 1918, and that service of notice thereof was accepted and further service of notice of the date and place of said hearing waived and further, that consent was given in writing for the hearing of the same, by all the lawful heirs and next of kin, to-wit: Mrs. Lurey V. Reynolds, Mrs. Dora U. Jones, R. A. Lee, Mrs. Lizzie Fowler, C. C. Lee, Mrs. Callie T. Warren, Mrs. Ella Fowler, Mrs. Lucy Fowler and James H. Lee, whose acceptance of service of notice is in writing and on file in this court, and proof being duly made in writing that each of said parties signed their respective names thereto, which notice was given for more than ten days before the date of this hearing, and all the heirs and next of kin being now properly before the court, on motion of the said R. A. Lee the court proceeds to hear and determine said application. And now comes in open court the said applicant with the proof offered by him in support of said application and proof of said written instrument and submits the same to the court for consideration, and the court now proceeds to hear the same. And it being made to appear to the court by due proof offered, by examination of the witnesses offered in open court and reduced to writing, to-wit: From the testimony of H. D. Ard that T. C. Lee, the said deceased, did on the 24th day of January 1914, execute the said written instrument bearing the signature of the said T. C. Lee, which is dated the 24th day of January, 1914, a true and exact copy of said instrument is attached to the said petition in this cause, marked "Exhibit A;" that the said T. C. Lee executed said instrument on the date it bears date by subscribing his name thereto, in the presence of the said H. D. Ard and J. A. Drew as subscribing witnesses to the execution thereof, and that thereupon at the same time and place in the presence of the said T. C. Lee, deceased, and in the presence of each other, the said H. D. Ard and J. A. Drew each signed their respective names to said instrument dated the 24th day of January 1914 as such subscribing witnesses to the execution of said instrument, the said T. C. Lee declaring the same to be his last will and testament. It being further made to appear by the testimony of the said H. D. Ard that the said J. A. Drew is dead, that he died since the execution of said instrument, and that the name of the said J. A. Drew as a witness to said instrument was written by the said J. A. Drew by his own hand; that on the date of the filing of the petition and application to probate said instrument the said T. C. Lee was a widower, his wife having previously died, that said T. C. Lee was at the date of his death over the age of twenty-one years, and died in said County, at his home, on the 14th day of May, 1918, he being a resident of said county at the date of his death, and leaving property and assets in said county and state. And the said will being now produced and surrendered to this court. It is therefore ordered, adjudged and decreed by the court that said application and petition be and the same hereby is in all respects granted, and the instrument bearing date of January 24, 1914, be and the same hereby is decreed to be duly proved and established as the last will and testament of said T. C. Lee, deceased, and it is further ordered and decreed that said instrument hereby is decreed to be the last will and testament of the said T. C. Lee, deceased, and as such that said instrument be received and admitted to probate and record in the office of the judge of probate in said county, as and for the last will and testament of the said T. C. Lee, deceased, and that all papers pertaining to this cause be recorded as required by law and that the applicant pay the cost of this proceeding. It is furthered ordered and decreed by the court that letters testamentary issue to said R. A. Lee and James H. Lee, without bond, as prayed in said petition, with full power and authority to execute said will. Dated the 15th day of June, 1918. S. W. Burkett Judge of Probate Depositions of H. D. Ard and R. A. Lee and acceptance of service by the heirs. Filed in office the 15th day of June 1918. S. W. Burkett Judge of Probate Book 8 Page 121 THE STATE OF ALABAMA ( ( PROBATE COURT, SAID COUNTY HOUSTON COUNTY ( IN THE MATTER OF THE ESTATE OF T. C. LEE, DECEASED Petition and application being this day filed in the probate court of said county for the probate and record of the last will and testament of T. C. Lee, deceased, and the court having made an order setting the said petition for hearing on the 15th day of June 1918, and having further ordered that citation and subpoena issue to all the heirs and next of kin, notifying them of the filling of said petition and the day set to hear the same, and that said subpoena be served upon each of said heirs: Now, therefore, we and each of us, who are the sons and daughters, heirs and next of kin, of the said T. C. Lee, deceased, do hereby accept service of notice of the filing of said petition and the purpose for which the same is filed and the date the same is set for hearing, and waive further notice or service of notice by the sheriff or other officer, and consent that said petition by regularly heard, on the date named, to-wit: Saturday, June 15th, 1918. Dated the 5th day of June, 1918. Ella Fowler Dora Udoxie Jones Lucy Fowler Callie Warren C. C. Lee Lizzie Fowler Lurey V. Reynolds R. A. Lee J. H. Lee Exhibit "B" STATE OF ALABAMA ( HOUSTON COUNTY ( PROBATE COURT OF SAID COUNTY. IN THE MATTER OF THE APPLICATION TO PROBATE THE WILL OF T. C. LEE, DECEASED This day came in open court, H. D. Ard and R. A. Lee, witnesses for and on behalf of the petitioner, and each being first duly sworn, depose and say as follows: The said witnesses being interrogated in open court and the questions and their answers being reduced to writing and signed by each, as follows; H. D. Ard being first called, testified as follows: Q. What is your name, age and where to you reside? A. My name is H. D. Ard, I am 27 years of age, and I reside in Houston County. Q. Did you know T. C. Lee in his life time? A. I knew T. C. Lee in his life time. Q. Is he dead, and if so, when and where did he die? A. T. C. Lee is dead. He died at his home in said county of Houston on the 14th day of May, 1918. Q. What was his age at the time of his death, and where did he reside and state if he left property in Houston County? A. T. C. Lee was 75 years of age at the date of his death, he resided at his home in Houston County, and left and owned both real and personal property in said county at the time he died. Q. Was his wife living at the date of his death? A. His wife died prior to his death, and he was a widower. Q. Who are his heirs and next of kin, and where do they live? A. The heirs and next of kin of said T. C. Lee are as follows: Mrs. Lurey V. Reynolds, Mrs. Dora U. Jones, R. A. Lee, Mrs. Lizzie Fowler, C. C. Lee, Mrs. Callie T. Warren, Mrs. Ella Fowler, Mrs. Lucy Fowler, and James H. Lee, all of whom reside in Houston County, Alabama. Q. Are each of them over twenty-one years of age and of sound mind? A. Each of the named heirs are over twenty-one years of age, each is of sound mind. Q. Did you know T. C. Lee on the 24th day of January, 1914? A. I knew T. C. Lee on the 24th day of January, 1914. Q. On said date did he execute in your presence and in the presence of J. A. Drew a paper purporting to be his last will and testament bearing date of January 24th, 1914, and did you and the said J. A. Drew in the presence of said T. C. Lee and in the presence of each other sign your name to said paper as subscribing witnesses to the signature of said T. C. Lee? A. On the 24th day of January, 1914, said T. C. Lee executed in my presence and in the presence of J. A. Drew a paper bearing date of January 24th, 1914, which purported to be and was his last will and testament, by signing his name thereto, and thereupon at the same time and place and in the presence of said T. C. Lee both myself and J. A. Drew signed our names to said paper as subscribing witnesses to the signature of said T. C. Lee, in the presence of each other. Q. Please examine said paper which you and said Drew witnessed attached to the petition in this case as Exhibit "A," and state if it is the original paper which you refer to as the will of said T. C. Lee which you saw him sign and which you and said Drew signed as witnesses? A. I have examined the original paper dated January 24th, 1914, an exact copy of which is attached to the petition in this case marked Exhibit "A," and state that it is the original will which said Lee signed in the presence of myself and said Drew, and that it was signed on the date it bears date, in my presence and myself and said Drew thereupon witnessed it by signing our names to it. Q. Where is the said J. A. Drew? If he is dead, when did he die? A. The said J. A. Drew, who witnessed said will with me, is dead. He died about one year ago the past spring. H. D. Ard R. A. Lee being next called, testified as followed: Q. What is your name, age and where do you reside? A. My name is R. A. Lee, I am 46 years of age, and reside in Houston County, Alabama. Q. Was T. C. Lee your father and is he dead, and when did he die? A. T. C. Lee was my father. He died on the 14th day of May, 1918. Q. Where did he live and what was his age at the date of his death, and did he leave property in Houston County? A. T. C. Lee was a resident of this county and was 75 years of age and left both real and personal property in Houston County at the time of his death. Q. Did he die at his home in Houston County? A. He died at his home in Houston County. Q. Did he leave a widow, or had he a wife preceded him in death? A. The wife of T. C. Lee, who was my mother, died previous to the death of said T. C. Lee, and he left no widow. Q. Who are his children, heirs and next of kin? A. The children who are the heirs and next of kin of T. C. Lee, deceased, are as follows: Mrs. Lurey V. Reynolds, Mrs. Dora U. Jones, R. A. Lee, Mrs. Lizzie Fowler, C. C. Lee, Mrs. Callie T. Warren, Mrs. Ella Fowler, Mrs. Lucy Fowler and James H. Lee. Q. State if they are all over twenty-one years of age, where they reside and if they are of sound mind? R. Each of the persons named as heirs are over twenty-one years of age, each of them reside in Houston County, and each of them are of sound mind. Q. Have you a paper writing on which all the above children and heirs of T. C. Lee signed their names, accepting service of notice of the filing of the petition to probate the will in this case, waiving further service of notice by an officer, and consenting that said petition be heard on the 15th day of June, 1918? Did each of said parties sign their respective names thereto? If you have such a paper signed by all of the parties attach the same to your answers and mark it Exhibit "B." A. I have in my possession a paper writing on which all the above children and heirs of T. C. Lee signed their names accepting service of notice of the filing of the petition to probate the will in this case, waiving further service of notice by an officer, and consenting that said petition be heard on the 15th day of June, 1918. Each of the said parties signed their respective names to said paper, and I herewith produce the same and attach it to my answers and mark the same Exhibit "B." Q. Are all the parties whose names appear on said paper the children of said T. C. Lee, and are there any others who did not sign it? A. All the parties whose names appear on said paper are the children of said T.C. Lee, and there are no others. S. A. Lee Sworn to and subscribed in open court, the 15th day of June, 1918, by both parties, on oral examination. S. W. Burkett Judge of Probate PROBATE COURT, HOUSTON COUNTY Estate Of T. C. Lee Deceased PETITION FOR PROBATE OF WILL The State of Alabama, ( Houston County. ( PROBATE COURT Petition of R. A. Lee for the Probate of the Will of T. C. Lee, Deceased. To the Honorable S. W, Burkett, Judge Probate Court Houston County: The petition of the undersigned R. A. Lee, respectfully represents unto your Honor that T. C. Lee, who was at the time of his death an inhabitant of this county, departed this life at his home in said county, on or about the 14th day of May, 1918, leaving assets in this state and county, and leaving a Last Will and Testament duly signed and published by him and attested by H. D. Ard and J. A. Drew, the latter having since died. That your petitioner, as he verily believes, with James H. Lee named in said Will as Executors thereof, and that he is a son of decedent, and does now herewith surrender said Will to the Court, and pray that after proper proceedings and proofs, it may be probated and admitted to record as the true last Will and Testament of said deceased, a true copy of which is hereto attached, marked Exhibit "A." Your petitioner further represents that said decedent was a widower at the date of his death, and that the names, ages, residence and condition of the next of kin are as follows: Mrs. Lurey V. Reynolds, Mrs. Dora U. Jones, R. A. Lee, Mrs. Lizzie Fowler, C. C. Lee, Mrs. Callie T. Warren, Mrs. Ella Fowler, Mrs.Lucy Fowler, James H. Lee, all of whom are over the age of twenty-one years and resides in said county, each and all of whom are of sound mind. Your petitioner would further represent that J. A. Drew, one of the said attesting witnesses, has died since the execution of said will, and that H. D. Ard, the other and remaining attesting witness, is a resident of said county, within the jurisdiction of this court; and therefore further prays your Honor will set down this application for hearing and cause citation of said hearing and the date thereof, to be served on all the next of kin as shown by this petition, and that on due proof in the manner required and provided by law, the same be admitted to record and probate as and for the last will and testament of the said T. C. Lee, deceased, and that letters of executorship issue to R. A. and James H. Lee, in accordance with the provision of said will. R. A. Lee The State of Alabama, ( Houston County. ( R. A. Lee, being duly sworn, deposes and says that the facts alleged in the above petition are true, according to the best of his knowledge, information and belief. Subscribed and sworn before ( me, this first day of June, 1918. ( R. A. Lee ( T. W. Butler, JP (Another copy of will follows this, as Exhibit "A.")