Lowndes-Montgomery County AlArchives Wills.....Tyson, Mary Chilton October 23, 1895 ************************************************ 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 8, 2010, 1:32 am Source: Lowndes County Will Book D, Pages 1-7 Written: October 23, 1895 Recorded: November 25, 1899 The State of Alabama Montgomery County I, Mary C. Tyson, of said state and county, do make ordain and publish this my last will and testament. First Subject to the payment of my just debts, I devise all my property of every descdription to my husband S. L. Tyson, upon the trusts herein stated. Second It is my will ad desire that said property be held by said trustee for the benefit of my daughter, Annie Mathilda Tyson and for such child or children as may hereafter be born unto me, share and share alike. Third I desire and direct that my estate be kept together by said trustee until my child or children marry or attain their majority when partition shall be made as herein directed. In the meantime and to the end that said Trustee may use his discretion in the execution of the trusts imposed upon him, I hereby confer upon said trustee full power to sell, exchange or encumber any part of said estate when he thinks it prudent to do so, and to execute all deeds, mortgages or other instruments that may be necessary in the premises. The proceeds arising from any such sale, exchange or encumbrance shall be invested upon the same trusts as are herein contained and generally I confer upon said trustee full power to do any and all acts that he may deem best in the management and the investment of the funds of said trust estate. Fourth When any child herein provided for shall marry or attain lawful age, I desire that the share of said child in my estate be turned over either in property or in money or property as may be agreed upon between such child and said trustee. Should they be unable to agree, I desire that three arbitrators be selected – one by said trustee, one by such child and the other by the arbitrators so chosen who shall value my estate and divide into as may parts as there may be children interested in the same and in_______ in the same and may be equalized in money. From said shares such child shall choose one by lot under the supervision of said arbitrators, and thereupon the trustee shall deliver and convey the property or property and money pertaining to such share, and take from said child its release of all interest in the remaining estate. Each succeeding partition, if not agreed upon, shall be made in like manner. If it be necessary for said trustee to raise money in order to affect partitions of said property, he is authorized to do so, by a disposition of any part of the estate he may deem best. Fifth I nominate my husband S. L. Tyson Executor of this will and exempt him from giving bond. Signed and sealed this 23 day of October A.D. 1895. Signed by testator in our Presence and by us as witnesses Mary Chilton Tyson In her presence this 23 day of Oct A.D. 1895 Josie Bell Gaston Janie Martin Bell The State of Alabama Lowndes County In Probate Court Lowndes County I, J. C. Wood, Judge of Probate of said county hereby certify tha the within instrument has this 25th day of November 1899 been duly proven and probated as the last will and Testament of Mrs. Mary Chilton Tyson, deceased and the same with the proof thereof hereto attached has been duly recorded in Book of Wills D at pages one to six. Witness my hand this November 25th, 1899 J. C. Wood Judge of Probate The State of Alabama Lowndes County Probate Court November Term 1899 November 18th, 1899 In the matter of the probation of the last will and testament of Mrs. Mary Chilton Tyson, deceased, on petition of S. L. Tyson. To Cornelius P. McIntyre, Esquire of Montgomery the state of Alabama on to such one or man of yours as shall act herein – Greetings Know ye that we re____ confidence in your integrity, skill and ability have appointed you commissioner to take answers to the interrogatories and cross interrogatories herewith attached of Josie Bell Gaston and Janie Martin Bell, material witnesses for the petitioner, in a certain cause on proceeding, now pending and indetermined in our said court of Probate entitled as set forth in the caption hereof. And we do hereby authorize and empower you, the said commissioners, to call and cause to come before you the said witnesses at such time and place as you shall appoint and their deposition on oath to take, touching their knowledge of the matters and things in controversy in said cause on proceeding and the said depositions when so taken by you, shall be subscribed by said witnesses and the same you shall, together with this commission, return to us with all convenient speed and you shall likewise certify the same to us, under your hand and seals, in all things fully and explicitly, how you have executed this commission. Witness my hand, this 18th day of November 1899. J. C. Wood Judge of Probate The State of Alabama Lowndes County Probate Court In the matter of the probate of the last will and testament of Mrs. Mary Chilton Tyson Deposition of Josie Bell Gaston and Janie Martin Bell. By virtue of the commission hereto annexed issued from the office of the Judge of Probate for the County of Lowndes State of Alabama. I, the commissioner therein named, have called and cause to come before me the said Josei Bell Gaston & Janie Martin Bell the witnesses named in said commission on the 20th day of November 1899, at the residence of Dr. J. L. Gaston in the city of Montgomery Alabama, and having duly cautioned and sworn the said witnesses to speak the truth, the whole truth and nothing but the truth Josie Bell Gaston and Janie Martin Bell the said witnesses deposet and daid as follows: To the first interrogatory the witness Josie Bell Gaston said I was well acquainted with Mary C. Tyson in her lifetime. She died at Hill’s Infirmary, Montgomery on Oct 30th, 1899. She resided at Fort Deposit, Lowndes County, Alabama when she died. To the 2nd interrogatory, the witness Josie Belle Gaston said I have looked at the paper attached to the interrogatories and marked “Exhibit ‘A’” & state that Mary C. Tyson signed said paper on the day it bears date and that said signature of Mary C. Tyson is genuine. She did sign her name to said paper in the presence of myself and the other witness Janie Martin Bell. I have examined what purports to be my signature to said paper and state that the same is genuine. I subscribed my name in the presence of the other witness and also in the presence of Mary C. Tyson. To the third interrogatory the witness Josie Bell Gaston said, At the time of signing said paper writing, Mary C. Tyson was of sound mind and memory. She knew what she was signing and requested me to attest the same. She declared at the time in the presence of myself & the other witness that said paper writing was her will. Signed this the 20th day of Nov 99 Josei Bell Gaston In the first interrogatory the witness Janie Martin Bell deposeth and saith I was very well acquainted with Mary C. Tyson during her lifetime. She died at Hill’s Informatory, Montgomery, Ala. on Oct. 30th 1899. She resided at Fort Deposit, Lowndes County, Alabama, when she died. To the 2nd interrogatory, the witness Janie Martin Bell deposeth and saith I have looked at the paper attached to the interrogatories and marked Exhibit A & state that Mary C. Tyson signed said paper on the day it bears date and that said signature of Mary C. Chilton [sic] is genuine. She did sign her name to said paper in the presence of myself and the other witness Josie Bell Gaston. I have examined what purports to be my signature to said paper and state that the same is genuine. I subscribed my name in the presence of the other witness and also in the presence of Mary C. Tyson. To the third interrogatory the witness Janie Martin Bell deposeth and saith at the time of signing said paper writing, Mary C. Tyson was of sound mind and memory. She knew what she was signing and requested me to attest the same. She declared at the time in the presence of myself & the other witness that said paper writing was her will. Janie Martin Bell I Cornelius P. McIntyre the Commissioner in said commission named do hereby certify that the foregoing testimony and answers taken down and written by me in the words of the witnesses Josie Bell Gaston, Janie Martin Bell were read over to them; that they asserted swore to and subscribed the same in my presense at the time and place herein mentioned; that I have personal knowledge of the personal identity of said witnesses that I are not of counsel or Kin to either of the parties to said cause nor interested in the event thereof. And I enclose the said testimony together with said commission and interrogatories direct and cross to the said office of the Judge of Probate whence the same _______ as my full execution of said commission. Give under our hands and seals, this 20th day of November 1899. C. P. McIntyre [L.S] Commissioner In the Probate Court of Lowndes County In the Matter of the Probate of the Will of Mary C. Tyson. Interrogatories to be propounded to Josie Bell Gaston and Josie Martin Bell, material witnesses for the proponent and whose testimony will be read on the hearing of the application to probate the will of Mary C. Tyson, dec’d, in said Probate Court. Interrogatory First (To each witness) answer severally whether you were acquainted with Mary C. Tyson in her lifetime & when and where did she die. Where did she reside at the time of her death & if you answer in Lowndes County, Alabama, state at what place in said county. Inty-Second (to each witness0 Look at the paper writing hereto attached marked “Exhibit A” purporting go be the will of Mary C. Tyson & have you done so if you state (a) whether Mary C. Tyson signed the same (b) whether she signed in on the day it beard dates, _____ what purports to be her signature to said paper is her genuine signature (c) whether she signed her name to said instrument in the presence of each of you (d) examine what purpose to be your signatures as attesting witnesses on said paper and say if they are your genuine signatures, respectively (e) whether you subscribed your names respectively as witnesses in the presence of said Mary C. Tyson. Interrogatory Third (to each witness): If you say said Mary C. Tyson signed her name to said paper writing, state whether at thee tie of signing the same, she was of sound mind and memory and whether she knew what paper she was signing and requested you to witness her signature to the same. J. M. Chilton Attorney for Proponent State of Alabama Lowndes County In person appeared before me, F. M. Coker, and acting N.P. in and for said County and State S. L. Tyson who being duly sworn deposes and says he is the proponent in the application to probate the will of Mary C. Tyson, dec’d, in the Probate Court of Lowndes County. That Josie Bell Gaston and Jsnie Martin Bell, to whom the foregoing interrogatories are propounded are females, and that they reside in the city of Montgomery, Alabama and are material witnesses for proponents on the trial of said application. Sworn to and subscribed before me S. L. Tyson This 17th day of Nov 1899 F. M. Coker, N.P. I, Joseph Norwood, the Guardian ad litem heretofore appointed by the Probate Court of Lowndes County, Alabama, to represent the interests of Annie Matilda Tyson, Mary Chilton Tyson, and Virginia Tyson infants under 14 years of age in the matter of the application to probate the will of Mary C. Tyson, dec’d, hereby accept service of the foregoing interrogatories waive, confer, and consult that commission issue inst____ to Cornelius P. McIntyre commissioner to take the depositions of said witnesses this Nov 17th, 1899. Joseph Norwood To Joseph Norwood, Esq. Take notice that the above named witnesses Josie Bell Gaston and Janie Martin Bell reside at Montgomery in the State of Alabama and that Cornelius S. McIntyre is suggested as commissioner to take the depositions of said witnesses. J. M. Chilton Atty for Proponent Additional Comments: Mary Chilton was married to Shem Labon Tyson, son of John Adams Tyson and Matilda Martha Warren. File at: http://files.usgwarchives.net/al/lowndes/wills/tyson65nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 13.0 Kb