Lowndes County AlArchives Wills.....Shelby, James A., Dr. May 28, 1862 ************************************************ 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 http://www.genrecords.net/emailregistry/vols/00012.html#0002972 March 18, 2005, 11:39 am Source: Lowndes County Will Book C, Pages 179-183 Written: May 28, 1862 Richmond Virginia May 28th, 1862. Know all men by those presents: that I, James A. Shelby of the State of Alabama, Lowndes County, do for and in consideration of the honor love and affection which I bear to my wife, M. Frances Shelby, daughter of Cornelius and M. Robinson, do bequeath to her at my death all of the property that I may possess either of land negroes or money, or anything that is of any value. Given under my hand and seal this the 28th day of May, 1862 Witnesses James A. Shelby (SEAL) E. L. Taylor S. P. Vermilya A. C. Reese State of Alabama Lowndes County I, Hugh W. Caffey Judge of Probate of said County hereby certify that the within will of James A. Shelby, deceased, has been duly probated and proven as such, and admitted to probate on to wit: 30th day of August 1862, and the Probate at that time having omitted at that time to make this certificate, and to record said will, this certificate is now made, and the within will and the testimony of the witnesses has been recorded in Will Book C, page 250, in the Probate office of the County Given under my hand this 27 day of January, 1883 H. W. Caffey Probate Judge In the Matter of the Probate of the Last Will and Testament of Dr. Jas. A. Shelby, dec’d on petion [sic] of his relick and widow, Martha Frances Shelby in the Probate Court of Lowndes County, Ala. In this case, the petitioner having filed her petition for the Probate of said last Will in this Court on the 19th day of August 1862, as shown by said petition and praying probate of said last will which was filed with said petition and praying notice the next of kin of Testator to wit: William Duncan Shelby, a minor over the age of 14 years, a brother of the deceased, and Henry Franklin Shelby, a minor under the age of 14 years and a brother of the Dead, and also Ann Rebecca Shelby a minor, a sister of dec’d under the age of 14 years, residents of Lowndes County, Ala, the two last of whom reside with their mother, Mrs. Catherine Shelby, in said State and County who has the custody and control of them, and notice having been duly served on said William Duncan personally and on Mrs. Catherine Shelby, the said mother for the two minors, under the age of 14 years of the time and place of the trial of said petition, and the application for Probate and record of said last will and a Guardian ad litem to wit: having been duly appointed by the Court for said Minors, his being present in Court and asserting thereto. Now, as this day, to wit the 30th day of August, 1862 the said next of kin are hereby duly notified of the premises, and the said Guardian ad litem for said minors being present in court. The paper attached to the petition purporting to be the last will of said Dr. James A. Shelby was then and there produced and shown to S. P. Vermilya who was personally sworn in open court in the presence of said Guardian ad litem, and who on oath says that he has seen said deceased write frequently and thinks he would know his handwriting, that in his opinion said paper dated 28th of May, 1862, purporting to be the last will of deceased, and purporting to be signed by him as the Testator, and by affiant and E. L. Taylor and A. C. Reese as witnesses is in the handwriting of A. C. Shelby and that the signature purporting to be his is genuine and in his hand writing, that said James A. Shelby is dead, that he was killed on or about the 1st day of July, 1862 in one of the late battles before Richmond, that on the 28th day of May, 18623, ded’d sent for the affiant and said Reece, who went to Capt. Robinson’s tent, near Richmond, VA. And found dec’d sitting down in said tent with said paper purporting to be his last will in his lap on a knapsack or something of that sort, having a pen and ink by him when ded’d told this witness and said Reese that he desired them to witness his Will. Dec’d showed it to witness and told him he could read it for himself, and also mad the same observation to Reese, or at least the same remark was mad by Dec’d to both of them, that witness and said Reese both looked over said paper and then signed the same as witnesses thereto in the presence of the testator and in the presence of each other and at the request of the Testator, that witness saw said Reese sign the same as a witness, that all in the premises was so done on the day the same bears date, that witness was personally acquainted with Dec’d, and also with the two other witnesses whose names are signed thereto, that he has seen said E. L. Taylor write several times, is acquainted with his hand writing and things he would know his hand writing and says his signature to said signature to said will purporting to be his is genuine, and in his own hand writing; that said Reese is dead and that said Taylor is absent from the State of Alabama, that he is a volunteer in the Service of the Confederate States of America, in Virginia, and is now on duty there, says he has a personal knowledge of the situation of the Confederate Army to which said Taylor is attached , the condition of his health, at being good, he is also acquainted with the rules of the Army, he being being attached to the same Army, and that it is impossible to procure the attendance of said Taylor at this Court, and will, in his opinion be so for a long time; that Dec’d was a resident citizen of Lowndes County, Ala. Over the age of 21 years that he knew him well and intimately being in the same Military Company with him for about 5 months, and had known him for about 5 years, that in his opinion was mentally competent to make his last will and Testament, that at the time that he mad said will, he appeared to be in fine health. James W. Graham S. A. Vermilya Cecil D. Whitman, a witness for proponent, also being duly sworn and examined on oath says, that he had personally and familiarly known Dr. James A. Shelby for 12 years before his death, that they were old schoolmates and lived within a mile of each other, during that time, except when deceased was temporarily absent, that he has often seen him write both when they were in school, and when they were not, that he would know his handwriting, if shown to him, and on said paper purporting to the last will of deceased, being exhibited to him date the 28th day of May, 1862, and signed as before stated and attached to the petition, he says that said paper is in the handwriting of said Dr. James A. Shelby, and that the signature thereto purporting to be his is genuine and in his handwriting, that from his long and intimate acquaintance with dec’d he believes he is qualified to give an opinion as to his capacity to make a will, and says that, in his opinion, that he was mentally competent to make a will at the time, that said Dr. Shelby is dead, says that he was killed on one of the battlefields near Richmond, VA on or about the 1st day of July, 1862, that he is personally acquainted with E. L. Taylor, whose name is signed to said paper as the Will of said Shelby and that he was personally acquainted with A. C. Reese, whose name is signed as a witness to said paper in his life time, that he is now dead, says that he has frequently seen them both write and says that he would know their handwriting, if shown to him, he says the signature purporting to be the signature of E. L. Taylor is in his own handwriting and is genuine, and that the signature purporting to be said Reese’s is genuine and in his handwriting, that said Reese is now dead, that said Taylor is in active Military Service of the Confederate States of America in the State of Virginia, and he believes it will be impossible to obtain his attendance at this Court for a long time, that said Taylor enlisted in said Military Service on the 1st day of May last for two years or the War. Subscribed and sworn C. D. Whitman to before me August 27th 1862 James W. Graham Judge of PRobate Additional Comments: James A. Shelby, born about 1837, was a son of William & Mary Bryant Shelby. After Mary died, William Shelby married Catherine McCall, daughter of Duncan B. McCall on March 18, 1844. James married Martha Frances Robinson, born March 26, 1840 the daughter of Cornelius and Martha Owen DeJarnette Robinson, on Nov. 10, 1858 in Lowndes County, AL. After James died, Martha Frances married William Henry Hunter on April 2, 1873 in Lowndes County. There is no evidence that any children were born to either marriage. Marth Frances died on May 12, 1929 in Birmingham, AL. Obviously, there was a battle over James estate made by his half-siblings and their mother. It appears that they did not win the fight. File at: http://files.usgwarchives.net/al/lowndes/wills/shelby65gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 9.5 Kb