Will of Patrick H. Averhart, Lowndes, Alabama

http://files.usgwarchives.net/al/lowndes/wills/willbookc/phaverhart.txt
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This file was contributed and copyrighted by:
Carolyn Golowka
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January 2002


Will of Patrick H. Averhart
Lowndes County, Alabama
Will Book C, pages 69 - 70


Know all men by these presents that I, Patrick H. Averhart of the county of Lowndes 
and the State of Alabama, considering the uncertainty of life and being of sound 
mind and memory do make, declare and publish this, my Last Will and Testament:

First:  I give and bequeath unto my nephew, O. H. P. Moorer, son of O. H. P. 
Moorer, Sr., all my property of whatever it may consist, excepting my woman known 
by the name of Betsy and her children, after the payment of my lawful debts, to 
him, the said O. H. P. Moorer, Jr. to his use forever.

Secondly:  It is my will that my woman Betsy do select her a home wherever she 
pleases that her and her children shall thereby stay, provided they are kindly 
treated and taken care of, and in case she is dissatisfied or is not well and 
kindly treated then she shall select another home for her and her children.

Thirdly:  I do nominate and appoint O. H. P. Moorer, Sen. To be Executor of this my 
last will and Testament.

In witness whereof, I have hereunto subscribed my name and affixed my seal on this 
the 25th day of April, 1864.

                                           P. H. Averhart (SEAL)

The State of Alabama   }
Lowndes County         }

Probate Court of said County
In the matter of the Probate of the Last Will of P. H. Averhart, deceased.

Before me, James W. Graham, Judge of said Court, personally appeared in open court 
Robert McFerrin, who having him by me duly sworn and examined did and does depose 
and say on oath that he together with O. H. P. Moorer, Sen. And Jesse W. Crook is a 
subscribing witness to the instrument of writing now shown to him and which 
purports to bet the Last Will and Testament of Patrick H. Averhart, deceased, 
signed and executed said instrument on the day the same bears date, late an 
inhabitant of the County, that said Averhart, 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 together with the other witnesses set his 
signature thereto on the day the same bears date as subscribing witnesses to the 
same in the presence of said Testator; that said Testator was of sound mind and 
memory and in the opinion of deponent, fully capable of making his will at the time 
the same was so made as aforesaid.  Affiant further states that said Testator was 
on the day of the date of Last Will of the full age of twenty-one years and upward.

Subscribed and sworn to                       Robert McFerrin
Before me this 13th day 
Of February 1865
James W. Graham
Judge of Probate

The foregoing is a true copy of the original will admitted to Probate and record February 13th, 1865 and recorded Feb. 1st, 1865
                                              James W. Graham
                                              Judge of Probate