Lowndes County AlArchives Wills.....Tyson, Labon Warren August 26, 1886 ************************************************ 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: Carolyn Golowka lowndesgengal@gmail.com April 7, 2010, 9:07 pm Source: Lowndes County Will Book C, Pages 238-241 Written: August 26, 1886 Recorded: July 16, 1888 The State of Alabama Lowndes County I, Laban W. Tyson, of the said State and county, being of sound mind and memory, do make constitute and publish this my last will and testament. Item 1: I desire my just debts, if any, to be paid as soon as practicable. Item 2: I give and bequeath my certain plantation in Lowndes County called “White Hall” being the same lands purchased by me from R. D. Rambo and wife and described in their conveyance to me, including the mill and stonehouse thereon, to my beloved son, Archie, to have and to hold the same to him in fee simple forever. Item 3: I give, devise and bequeath that certain plantation in Lowndes County called Morganville, purchased by me from the Administrators of the Estate of J. W .Hardie, dec. and described in their conveyance to me, to my beloved son Labon Warren Tyson, to have and to hold the same to him in fee simple forever. Item 4: All the rest and residue of my real Estate wherever situated, I give and bequeath to my wife, Pattie N. Tyson, but in the event of her marrying again, the estate of my said wife in said lands hereby devised shall cease and determine and the said lands shall at once vest in and belong to such of our children who are living or their descendants, share and share alike. Item 5: I give and bequeath to my beloved wife, Patty twenty-thousand Dollars ($20,000) to be paid to her by Executors in cash, or if she so elect in any evidence of debt due me at my decease to be selected by her. Also my carriage and carriage horses, but in the event of her marriage, such of the property bequeathed in this item shall revert to our children, that is the children of myself and my said wife to be equally divided, share and share alike between them. Item 6: I give and bequeath to my beloved son Labon Warren, a gold watch and chain habitually worn by me. Item 7: I give and bequeath to my two sons, Archie and Warren and such other children may hereafter be born to me, all the rest and residue of my personal property of every description to be divided between them, share and share alike. Item 8: I appoint my brother, A Pitt Tyson the executor of this my Last will and Testament, and in case of his death, refusal, failure or ceasing from any cause to act, then I appoint my brother-in-law, James M. Arrington Executor of this will from the time said A. Pitt Tyson fails or ceases to act as such; and I especially exempt him and each of them from giving any bond or security as such Executor. Item 9th: I give and confer upon my said Executor full power to close up the business of my Estate by collecting compromising, if necessary, or extending any debts due my Estate by selling any personal property in any manner they may deem best without an order of Court, by renting the land of my Estate as fully as I in life, might have done, they being responsible for no mere mistakes in judgement, but only for willful negligence or default, they are exempt from making any returns to any Court except Final Settlement. Item 10: I appoint my beloved wife Pattie N. Tyson the Guardian of our children, and exempt her from giving any bond or security as such. I give her full power to rent the land of my children during their minority, or improve the same, or do any other business connected with the management of the Estate without any order of any Court and she shall not be required to make any settlement with any Court until my said children respectively, at the age of twenty-one years, and she shall not be held responsible for mistakes of judgement or anything but willful default, she shall, however, keep a record of her accounts with each of said children. In witness whereof, I have hereunto set my hand and seal on the 26th day of August, 1886. L. W. Tyson (L.S) In presence of us who saw the Testator sign the foregoing, after he had declared the same to be his last will and Testament, and we signed as witnesses in his presence, and in the presence of each other. H. M. Howard J. M. Rudolph I, L. W. Tyson hereby make and publish this Codicil to my last Will and Testament viz.: If the sum of twenty Thousand Dollars bequeathed to my beloved wife in the fifth paragraph of my said will should not be on hand at my death or when the same becomes payable either in money or evidence of debt exceptable [sic] to my wife, then I direct that all my property bequeathed by this will be kept together by my Executors and manager and controlled by them until said amount of Twenty Thousand Dollars can be realized out of the rents, income and profit of my Estate and collection of debts due me and the payment of other legacies and devises and the division of me Estate is postponed until such bequeath is provided for. Witness my hand & seal this 17th day of July 1887. L. W. Tyson (seal) Attested by us in the presence of L. W. Tyson who signed the above in our presence after he had declared the same to be a codicil to his last Will H. M. Howard J. C. Powell State of Alabama Probate Court Lowndes County In the Matter of the Probate of the Last Will and Testament of Labon W. Tyson, Dec’d Before me A. E. Caffey, Judge of the Probate Court in and for the said County and State aforesaid personally appeared in open Court, H. M. Howard, who having been by me first duly sworn and examined, did and does depose and say that he and J. M. Rudolph and J. C. Powell are subscribing witnesses to the foregoing instrument of writing now shown to the said affiant to wit: A last will and Codicil thereto and which purports to be the last will and testament of Laban W. Tyson, deceased, late an inhabitant of this County that the said Laban W. Tyson, since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be his last will and testament, and that affiant set his signature thereto on the day the same bears date, as a subscribing witness to the same in the presence of said Testator and at his request and in the presence of each other witness and that said Testator was of sound mind and disposing memory and understanding and in the opinion of affiant fully capable of making his said will at the time the same was so made as aforesaid, and deponent further states that said Testator was on the day of the date of said will of the full age of twenty-one years and upwards and a resident of this County. Subscribed and sworn to before H. M. Howard Me this 16th day of July AD 1888 A. E. Caffey, Judge Probate Court Lowndes County State of Alabama Lowndes County I, A. E. Caffey, Judge of the Probate Court in and for said County and State aforesaid do hereby certify that the within instrument of writing has this day in said Court, and before me as Judge thereof, been duly proven by the testimony of H. M. Howard, subscribing witness to the genuine last will and Testament of Laban W. Tyson, deceased, and that said Will together with the proof thereof has been recorded in my office in Book C of Wills on pages 300-301-302-2003. In witness whereof, I have herewith set my hand and seal of said Probate Court on this the 16th day of July AD One Thousand Eight Hundred and Eighty Eight. A. E. Caffey Judge Probate Lowndes County File at: http://files.usgwarchives.net/al/lowndes/wills/tyson62nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 7.9 Kb