Lowndes County AlArchives Wills.....Tyson, John Adams August 17, 1881
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Carolyn Golowka lowndesgengal@gmail.com April 1, 2010, 7:13 pm

Source: Lowndes County Will Book C, Pages 193-195
Written: August 17, 1881
Recorded: May 20, 1884

The State of Alabama
Lowndes County

I, John A. Tyson, of Fort Deposit, being of sound disposing mind and memory,
make and declare this my last will and testament, revoking all others.

I direct my decent, Christian burial, at the discretion of my beloved wife.

Item:  My beloved wife, Matilda M. Tyson, has a statuary separate Estate in
money on deposit, a certificate of deposit in her name, which will be found
among my papers, will show the amount and where deposited.  I have never claimed
it, but have increased it by putting it at interest.  The certificate of deposit
will show its amount at my death.  This is hers.

Item:  I give to my beloved wife the sum of Ten thousand dollars for and during
the term of her natural life, provided she remains a widow.  At her death or
marriage the principle of the said sum to fall into my estate for division among
my children.  My Gilmer plantation lying west of Calhoun I give in undivided,
equal enjoyment to my wife, Matilda M. and our youngest child, Shem Labon Tyson
for and during the term o my wife’s life, or widowhood, and when my said wife’s
interest ceases, to the son Shem Labon in fee.

My house and lot in Fort Deposit, in which I live, and all the furniture on
hand, at my death, I also give to my beloved wife, during her life or widowhood,
and at her death or marriage, to become the equal property of my children after
named.

Item:  The bulk of my Estate consists in moneys on deposit, notes for money,
generally secured by a mortgage; and notes given me for lands sold, secured by a
lien on the lands.  All the reminder [sic] of my Estate of whatever it consists,
over and above the devises bequests in equal parts to my four children, John R.
Tyson, Virginia Norwood, Silas Tyson and Shem Labon Tyson, to them and their
heirs or descendants forever.  And should any of them died during my life,
leaving lineal descendants, take and have the share of such deceased child would
have taken under this will if living.  Should any of them die before or after my
death, leaving no lineal descendants, then the share or shares of such child or
children so dying, to fall back into my estate for equal division my other
children, and the descendants of such as may have died, if any, leaving
descendants, the descendants in such event to take per [stripes?] my intention
being, not to die intestate as to any of my property.

Item:  Should I advance any of my children during my life, either in money or
property, and make a note or change thereof against them, the same is to be
regarded as an ademption pro tante, and past payment of the legacy herein
bequeathed to such child or children, so advanced, and the same is to be charged
against them in division, in the nature of a hatch pot.  And if I set a price on
value on the advancement, that is to determine the amount with which they are to
be charged, moneys, presents or things not charged as gifts and not to be
accounted for.

Item:  The bulk of my estate, as above shown, being in money, dues, purchase
money of lands bought from me and not paid for, and other dues secured mostly by
mortgages.  I clothe my Executor after named with a large discretion in the
matter of collection or indulging such indebtedness when dues are perfectly
safe, and the security perfectly satisfactory, they are authorized to indulge,
as the interest of my estate and the realization of interest may be promoted
thereby, the intentions being to make the assets of my estate active and
productive as realizing interest on money dues.

I have many debts due me secured by mortgages and liens, which are past due, and
yet the interest is kept down and the security good.  As to debts of this class,
I give my Executors a discretion to indulge the debtors, provided interest is
kept down, and the security remains ample.

In collecting dues to me or my estate, should it become necessary to save the
debts, I authorize my executors to buy property sold in payment thereof, whether
under Chancery or mortgage sale, or otherwise, and to take titles in their names
as executors and the same to sell again for cash, or on credit and to convey,
when purchase money is paid in full.

I also authorize them, as executors, to make title to and to lands sold by me,
when the purchase money is paid, and to enter satisfaction on the mortgages,
when the debts secured by them are paid.

These powers are conferred upon such of my executors as may be in life and
acting at the time.

Item:  In so much as the power and discretion conferred on my executors by this
will may require a considerable time to reduce my entire estate to cash assets,
I authorize and expect my Executors to pay the pecuniary legacy given to my
beloved wife as soon after my death as convenient.  The shares of the children,
I direct to be paid to them, or their guardians, as the same may come in hand,
and can be spared from the purposes of the administrations; and to this end, I
direct that the administration be kept up and open as long as may be necessary
to carry out the purpose of this will.

Item:  Should my money or property fall back or return to my estate, under the
provisions of this will, the same is to be administered and distributed by my
Executors under this will, as other property of my estate is, and as property of
my estate.  In making sales of property under this will, real or personal,
should the same become necessary, they are authorized to sell at private or
public sale, as they may deem best for the Estate.

Item:  I select my wife Matilda M., and my son John R. Tyson and my son-in-law,
 Joseph Norwood to be guardians for my children, Silas, Shem Labon Tyson and
request that they be appointed as such.

I appoint my beloved wife Matilda M. Tyson, and my son John R. Tyson and my
son-in-law Joseph Norwood to be the Executors of this my will.

In testimony whereof, I have hereunto set my hand in the presence of the
subscribing witnesses whose names are signed to this will, and who shall attest
and sign the same at my request, in my presence, and in the presence of each
other, on the 17th day of August, A.D. 1881.

Attest:                                      Jno. A. Tyson
T. P. Lightfoot
W. H. Reynolds.


In Lowndes Probate Court, at Hayneville.

In the Matter of the Probate of Will of John a. Tyson deceased.

Into open Court came W. H. Reynolds, who being duly sworn, deposes and says,
that on the 17th day of August 1881 he was a clerk in the store of Lightfoot and
Norwood at Fort Deposit, Ala., and that the testator, Jon. A. Tyson, occupied a
part of their store as his office.  That on the day above named he was called on
by said Testator Jno. A. Tyson to witness his signature to a paper, that he saw
said named testator sign said paper which is now exhibited to affiant, remarking
at the time that it was his will, that said paper was the will of said J. A.
Tyson, and that he has been shown the same since the death of said Tyson, and it
is the same will which he saw the Testator, Tyson, signed on the 17th day of
August 1881, in his presence and in the presence of the other subscribing
witness, that affiant attested said will in the presence of the testator, J. A.
Tyson, and the other subscribing witness, T. P. Lightfoot, and that the other
witness, T. P. Lightfoot, attested the same in the presence of the testator and
affiant on the day the same bears date, that this is the only will having been
attested for said John A. Tyson, that at the date of the execution of said
paper, which is now shown him, the said testator was over the age of twenty-one
years, and in the opinion of affiant, of sound mind and memory.

Subscribed and sworn to in open Court                  W. H. Reynolds
On the 20 day of May 1884

H. W. Caffey
Probate Judge

The State of Alabama
Lowndes County



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