Jefferson County AlArchives Wills.....Cozby, James, Sr. April 5, 1837 ************************************************ 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: George Barton n2art2@bellsouth.net November 18, 2006, 9:11 am Source: Will Record 1818-1840, Pages 151-153, Transcribed By Vicki Lais From Microfilm At The Birmingham Al Library #1299229 Roll 1 Written: April 5, 1837 Recorded: June 16, 1838 In the name of God, amen. I James Cozby Snr. Of Jefferson County and state Alabama, being sick and weak in body but of perfect mind and memory and knowing it is appointed once for man to die do make and ordain this my last will and testament. First of all I will that all my lawful debts be paid out of my estate and secondly that after my death I will and bequeath unto my well beloved wife Elizabeth Cozby all my estate both real and personal to be disposed of at her discretion, And thirdly I will that she may divide with the children that is now at home when they come of age and marry according to her ability, as we have done heretofore. In the fourth place I will that my grand son Spencer Cosby if he remains in my family till he becomes of age, that he should be made a legal heir with the balance of my children and I do hereby constitute and appoint my son James S. Cozby and my well beloved wife Elizabeth Cozby my sole executor and executrix of this my last will and testament. In witness whereof I have hereunto set my hand & affixed my seal this fifth day April in the year of our Lord 1837. Signed sealed and James Cozby (seal) acknowledged in presence of William Cowden Ephraim Y. Hicks Abner Cozby (his mark) Know all men by these presents that we Elizabeth Cozby James S. Cozby, William Cowden and Benjamin Tarrant are held and firmly bound unto Walker K. Baylor, Judge of the County Court of Jefferson County State of Alabama and his successors in office, in the penal sum of Twelve Hundred Dollars, to which payment well and truly to be made, we and each of us do bind ourselves, our heirs & firmly by these presents sealed with our seals and dated the 16th day of June 1838. Now the condition of the above obligation is such, that whereas the above bound Elizabeth Cozby and James S. Cozby has been duly appointed executrix & Executor of the estate of James Cosby deceased. Now if said Elizabeth Cozby & James S. Cozby shall well and truly perform all the duties which are or may be by law required of them as such executrix & executor then the above obligation to be void, else to remain in full force and virtue. Witness our hands and seals the date above written. Signed sealed and Elizabeth Cozby (her mark) acknowledged in James S. Cozby open court William Cowden Test. B. E. Graw, clk B. Tarrant The State of Alabama County Court of Jefferson County Whereas the last will and testament of James Cozby was duly proved at a county court held for said county at the courthouse in the town of Elyton on the 16th day of June 1838, in which will he appointed Elizabeth Cozby & James S. Cozby executors and said Elizabeth Cozby & James S. Cozby having given bond and securities and taken the oath required by law. Therefore that the will of the testator may be well an truly performed we by these presents grant and commit to said Elizabeth Cozby and James S. Cosby the administration of all and singular the Goods and chattels rights and credits whatsoever belonging to said James Cozby at the time of his death, according to the true intent and meaning of said will, hereby requiring said Elizabeth Cozby and James S. Cozby to file in the Clerks office of said court, within three months from this a true and full inventory of said goods and chattel rights and credits, and to render a full and true account of their administration wherever thereto legally required. Witness Walker K. Baylor, judge of said court at office this sixteenth day of June 1838 File at: http://files.usgwarchives.net/al/jefferson/wills/cozby179gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 4.4 Kb