Will of James Madison Garrett, Sr., Lowndes, Alabama

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Contributed by Carolyn Golowka, <cgolowka@prodigy.net>
November 1999


James Madison Garrett, I, (son of Silas and Mary Ernest Garrett) was born Jan. 
20, 1829 and died May 11, 1902.  He married Sophronia Arabella Mooney, (daugher 
of Alexander and Sophronia Electa Spencer Mooney of Clinton Co., MO.) in Lowndes 
Co., AL on Aug. 1, 1861.  James and Sophronia 'Belle' are buried in the Mount 
Willing Cemetery, Mount Willing, Lowndes County, AL with several of their 
children, grandchildren and apparently cousins of James.


Will of James Madison Garrett, Will Book D, Lowndes Co., AL, page 22

In the name of God, Amen.

I, J. M. Garrett, of Mount Willing, Lowndes County, Alabama, being sound in body 
and mind but knowing the uncertainty of life, and being desirous that all my 
earthly affairs should be arranged before death, do make my last will and 
testament.

I do hereby give and bequeath unto my beloved wife, Sophronia Arabella Garrett, 
all of the property, both real and personal, which I may be possessed of at my 
death, including all monies and olsims (?) that may be due me, to have and to 
hold during her life and to be used by her in any manner she may see fit.  She 
shall also have the right to sell or to will, at any time, any property either 
personal or real, and at her death all of the property still remaining in her 
hands shall be equally divided among my children.

I hereby nominate and appoint my wife, Sophronia Arabella Garrett, my sole 
executrix of this my last will and testament without bond for the performance of 
her duty, and she shall not be required to make any settlement of my said estate 
with the Probate Court.

January 10th, 1896                         James Madison Garrett

Witnesses:
C. W. Landers
H. W. Sellers

The State of Alabama, Lowndes County           Probate Court

In the matter of the probate of the last will and testament of J. M. Garrett, 
deceased, before me, J. C. Wood, Judge of Probate in and for the county and 
state aforesaid, personally appeared in open Court H. M. Sellers, who, having 
seen by me first duly sworn and examined, did and does depose and say that he 
and C. W. Landers 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 J. M. Garrett, deceased, last an inhabitant of this county, that 
the said J. M. Garrett, since deceased, signed and executed this instrument on 
the day the same bears date, and declared the same to 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, 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 upward and a resident 
of this county.

                                 H. M. Sellers

Subscribed and sworn to this on the sixteenth day of June A. D. 1902
J. C. Wood, Judge of Probate Court, Lowndes County