Lowndes County AlArchives Wills.....Tyson, Sarah Jane Warren April 27, 1899 ************************************************ 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, 9:52 pm Source: Lowndes County Will Book C, Pages 309-310 Written: April 27, 1899 Recorded: October 16, 1899 State of Alabama Montgomery County In the Name of God, Amen! I Sarah J. Tyson of the County of Montgomery and State of Alabama, being of sound mind and disposing memory, do hereby, revoking all other wills heretofore made by me, declare and publish this instrument to be my last will and testament. Item first – I devise and bequeath unto my son Jones A. Tyson my homestead at Lowndesboro, in the County of Lowndes and the State of Alabama, containing about fifty acres to be held and enjoyed by him for and during the term of his natural life, with remainder after the termination of said life estate to the children of said Jones A. Tyson in fee simple forever. Item second: I devise that all the rest and residue of my estate real and personal shall be divided by my executors into seven equal parts or shares, and subject to the legacies and charges hereinafter given and imposed shall be distributed as follows: To my son, A. P. Tyson, one share, to my son, J. C. Tyson one share, to my daughter, Sallie M. Render, one share, to my son, C. A. Tyson, one share, to my son, S. A. Tyson, one share, and to my son, Jones A. Tyson, one share. Item third: Out of the one-seventh share of my estate yet undivided, I direct my Executors to pay over to my grandson, Warren Tyson the sum of One thousand dollars; and to grandson Archie Tyson the sum of one thousand dollars, and after the payment of said legacies the residue of said one seventh share shall be divided between my sons, Jones A. Tyson and S. A. Tyson, share and share alike. Item fourth: Upon the share of my estate above devised and bequeathed to my son, Jones A. Tyson, I hereby foster a charge of four hundred dollars which sum I hereby bequeath as a legacy to my son, S. A. Tyson, to be paid to him by executors in addition to what has already been allotted to him. Item fifth: It is further my will that should any of my children depart this life before my decease, the children of such deceases shall have and take the sare of my estate their parent would have taken, if in life. Item sixth: It is my will that should either of my said grandsons Archie Tyson or Warren Tyson, depart this life before my decease, the survivor of them shall receive the legacy herein bequeathed to his brother in addition to the legacy of such survivor. Item seventh: For the purpose of making them pay off and discharge the legacies herein bequeathed and to make distribution of my estate in accordance with the provisions above made, I hereby authorize and empower a majority of such of my executors hereinafter named, that my qualify and act as such, to sell and dispose of any of my property real or personal, as in their discretion they may deem best. After the payment of the legacies herein provided for out of the shares upon which they are respectively charged, they shall distribute my estate in accordance with the provisions of this will as above set forth. And I further direct that the receipt of said Archie Tyson and of said Warren Tyson, for the respective legacies bequeathed to them, shall exonerate my executors from any liabilities to further account therefore, irrespective of whether either of my said grandsons shall, at the time thereof, be of full age or not. Item eighth: It is my will that the powers herein conferred on my executors may be exercised by the survivors or survivor of theirs. Item ninth: I hereby nominate and appoint my son, A. P. Tyson, C. A. Tyson, S. A. Tyson, Jones A. Tyson, J. C. Tyson, and my son-in-law, L. J. Render, executors of this my last will and testament, and, having full confidence in them, I expressly exempt them from giving bond as such executors, and I further expressly exempt them from being required to render any inventory or appraisement or from making any settlement of my estate in any Court. In witness whereof, I hereunto set my hand an seal in the presence of the witnesses whose names are hereto attached, on this the 27th day of April 1899. In the presence of S. J. Tyson (L.S) W. M. Teague H. M. Hobbie The State of Alabama Lowndes County Probate Court In the Matter of the Probate of the Last Will and Testament of Mrs. S. J. Tyson, dec’d. Before me, J. C. Wood, Judge of Probate Court in and for said County and State aforesaid, personally appeared in open Court, H. M. Hobbie, who having been by me first duly sworn and examined did, and does and depose and say that himself and W. M. Teague, subscribing witnesses to the foregoing instrument of writing, now shown to the said affiant, and which purports to be the last will and testament of Mrs. S. J. Tyson, deceased, late an inhabitant of this County, that the said Mrs. S. J. Tyson, since Deceased, signed and executed said instrument on the day the same bears date, and declared the same to be her last will and testament, and that affiants set their signatures thereto on the day the same bears date as subscribing witnesses the same, in the presence of said testator, and at her request and in the presence of each other, that said testator was of sound mind and disposing memory and understanding, and in the opinion of affiant, fully capable of making her said will at the time the same was so made as aforesaid. 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 the county. Subscribed and sworn to H. M. Hobbie Before me this 16th day of “October A.D. 1899 J. C. Wood Judge of Probate Lowndes County The State of Alabama Lowndes county I, J. C. Wood, Judge of Probate Court in and for the County and State aforesaid, do hereby certify that the within instrument of writing has this day, in said Court and before me as the Judge thereof, been duly proven by the testimony of H. M. Hobbie, subscribing witness to the genuine last Will and Testament of Mrs. S. J. Tyson, deceased, and that said Will, together with the proof thereof, has been recorded in my office in Book No C of Wills on page 426. In witness whereof, I have hereunto set my hand and affixed the seal of said Probate Court on the 16 day of October, A. D. One thousand Eight hundred and Ninty-nine. J. C. Wood, Judge Probate Court Lowndes County (SEAL) I certify that foregoing to be a true copy of the Will and testimony under which the same was probated. October 16, 1899 J. C. Wood Judge of Probate. Additional Comments: Sarah Jane Warren, daughter of Laban & Parthenia Jones Warren, married Archibald Tyson on June 08, 1843 in Lowndes County, Alabama. Their children were: Archibald Pitt Tyson Winter Lowndes Tyson, died June 1880 Laban Warren Tyson, died June 1888 Claudius Adams Tyson Sarah "Sallie" Matilda Tyson, wife of Lewis J. Render, Sr. California Ann Tyson, died as an infant Shem Arthur Tyson Mary Elizabeth Tyson, died 1897 Jones Archibald Tyson John Caius Tyson File at: http://files.usgwarchives.net/al/lowndes/wills/tyson63nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 7.6 Kb