Lowndes County AlArchives Wills.....Whitley, Hilliard J. September 23, 1907 ************************************************ 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 May 9, 2009, 9:38 pm Source: Lowndes County Will Book D, Page 66 Written: September 23, 1907 Recorded: May 11, 1908 Will of Hilliard J. Whitley Lowndes County, Alabama Will Book D, page 67 The State of Alabama Lowndes County KNOW ALL MEN BY THESE PRESENTS: That I, Hilliard J. Whitley of Letohatchie in the county of Lowndes and State of Alabama, being of sound and disposing mind do hereby make and publish this my last will and testament hereby revoking all former wills, by me at any time heretofore made. As to my worldly estate and all the real, personal or mixed property of which I shall died seized and possessed or to which I may be entitled at the time of my decease I devise bequeath and dispose thereof in the manner following: to wit: First: My will is that all my just debts and funeral expenses shall by my executor hereinafter named be paid out of my estate as soon after my decease as convenient. Second: I give devise and bequeath to my sister Susan C. McDonald of Jefferson County, Alabama, one hundred dollars in cash. Third: I give and devise and bequeath to Julia Carson one mule now in her possession, provided said mule is my property at the time of my decease. Fourth: I five devise and bequeath to my nephew D. C. Whitley one sorrel horse named “Twister” provided the said horse is my property at the time of my death. Fifth: I give devise and bequeath to Minnie Lang fifty dollars in cash and my large trunk. Sixth: I give devise and bequeath to Lewis Jenkins (son of A. J. Jenkins) one hundred dollars in cash. Seventh: All the rest of my estate real, personal or mixed of which I shall died seized and possessed or to which I shall be entitled at my decease, I give devise and bequeath to be equally divided between Julia Carson, and Lewis Jenkins (son of A. J. Jenkins). Eighth: I do hereby nominate and appoint my friend Andrew J. Jenkins to be my executor of this my last will and testament, and I do hereby relieve him from giving any bond, or making accounting to the probate court, or any other Court except to probate this my last will and testament. In testimony whereof, I, Hilliard J. Whitley have to this my last will and testament subscribed my name and affixed my seal in the presence of the witnesses hereto, this the 23rd day of September, 1907. Hilliard J. Whitley (Seal) Signed and published as this the last will and testament of the said Hilliard J. Whitley in our presence and in the presence of each other at his request and we each hereunto subscribe our names as witnesses on the day and date of said will. S. D. Suggs N. M. Bayzer The State of Alabama Lowndes County Probate Court In the matter of the probate and record of the last will and testament of H. J. Whitley, deceased. Before me J. C. Wood, Judge of probate Court in and for the county and State aforesaid, personally appeared in open Court N. M. Bayzer who having been by me first duly sworn and examined, did and does depose and say that S. D. Suggs and himself are 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 H. J. Whitley, deceased, late an inhabitant of this county, that the said H. J. Whitley 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 set his signature thereto, on the day the same bears date, as subscribing witness to the same, in the presence of the 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 last 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. N. M. Bayzer Subscribed and sworn to before me this 11th day of May A.D. 1908. J. C. Wood Judge of probate Court Lowndes County The State of Alabama Lowndes I, J. C. Wood Judge of the 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 N. M. Byazer subscribing witness, to be the genuine last will and testament of Hilliard J. Whitley, deceased, and that said will together with the proof thereof has been recorded in my office in Book Number D of Wills at page 67. In witness whereof, I have hereunto set my hand and affixed the seal of the said probate Court on this the 11th day of May A.D. one thousand nine hundred and eight. J. C. Wood Judge of probate Court Lowndes County, Alabama Additional Comments: Hilliard J. Whitley was born about 1838, the son of David & Kiziah Pearce Whitley. He apparently never married. File at: http://files.usgwarchives.net/al/lowndes/wills/willbookd/whitley51nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 5.6 Kb