Lowndes County AlArchives Wills.....Tyson, Winter Lowndes December 7, 1879
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File contributed for use in USGenWeb Archives by:
Carolyn Golowka lowndesgengal@gmail.com March 28, 2010, 4:22 pm

Source: Lowndes County Will Book C, Pages 165-167
Written: December 7, 1879
Recorded: September 6, 1880

The State of Alabama
Lowndes County

In the name of God, Amen.

I Winter Lowndes Tyson of the County and state aforesaid being of sound mind and
disposing memory, and in view of the uncertainty of life, do hereby make and
constitute this my last will and testament.

Item 1st:  I desire that all of my just debts be paid as soon after my death as
practicable.

Item 2nd: I give and bequeath my gold watch and chain I now wear to Archie
Tyson, son of my brother Labon.

Item 3rd: I give and bequeath my buggy to my Mother Sarah J. Tyson and desire my
Executor to give her Fifty dollars with which to have the same put in proper
repair.

Item 4th:  I give and bequeath all of my property of every description, real,
personal and mixed not heretofore specifically bequeathed to my Mother Sarah J.
Tyson, A. Pitt Tyson, Labon M. Tyson, Claudius A. Tyson, Arthur Tyson, Jones
Tyson and Mrs. Sarah 
Render, my sister in equal shares, to have and to hold to them my Mother,
brothers and sister, share and share alike in fee simple forever.  But if any of
the devisees herein named shall die before my death, then the share so
bequeathed to such person, so dying shall vest in the children of such devisee,
if children she or he have, but if such devisee die without children or grand
children then all of my property shall be divided the devisees herein named who
are living at my death, or whose children or grand children are then living.

Item 5th:  In order to carry out the provisions of this will, I hereby appoint
my brothers, A. Pitt Tyson and Labon N. Tyson Executor of this Will and
testament and I hereby clothe them with full discretion and powers to carry out
my intensions.

I direct that they shall sell any or all of the property I may have at my death,
at public or private sale for cash, or on a credit as they may deem best.

In order to effect an equal division of the same, I exempt my said Executors
from giving any bond as such, and desire that they make no return of their
actions as such to the Probate Court except to return an inventory and
appraisement and to make Final settlement of my Estate as soon as practicable
after the same has been divided in accordance with my intentions herein expressed.

In witness whereof, I have hereunto set my hand and affixed my seal on this the
7th day of Dec’r, 1879.

                                              W. L. Tyson

The above instrument was signed in our presence by W. L. Tyson, after he had
declared the same to be his last will and testament and we subscribed the same
as witnesses in his presence and in the presence of each other.
1. A. Douglas
2 .H. M. Howard [Henry Malone Howard]

The State of Alabama
Lowndes County

In the Matter of the Probate of the Last Will and Testament W. Lowndes Tyson,
Deceased

H. M. Howard who being duly sworn sayeth on oath that he with A. Douglas are
subscribing witnesses to the paper now shown to him and purporting to be the
last Will and Testament of W. Lowndes Tyson, deceased, that he signed the same
in the presence of said Tyson, at his request, and in the presence and in the
presence of the other subscribing witness and there attested the same as such,
that said Tyson, since deceased, was of the full age of twenty-one and upwards,
and, in the opinion of affiant, fully capable of making his Will, of sound mind
and disposing memory.

Sworn to and subscribed 
Before me Sept. 6th, 1880                    H. M. Howard
J. V. McDuffie, Judge of Probate

In addition to the above testimony, A. Douglas appeared before me in open Court
and swore to and substantiated the same, also that W. Lowndes Tyson requested
affiant to sigh, proclaiming it to be his last Will and testament.

Sept. 6th, 1880
J. V. McDuffie
Judge of Probate


Additional Comments:
Winter Lowndes Tyson was a son of Archibald Tyson and his wife, Sarah Jane
Warren.  He was born February 01, 1847 and died June 27, 1880.  He apparently
never married.  He was a grandson of Shem & Lucretia Adams Tyson and Laban &
Parthenia Jones Warren.

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