Estate Records of Theophilus Powell, Monroe, Alabama

http://files.usgwarchives.net/al/monroe/court/tpowell.txt
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Beth Gay
<josephg@integrity.com>
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February 2002

Information on the will of Theophilus Powell. Not my family. Beth

Source: Monroe County, Alabama, Orphans Court Record of Orders Book No. 1. 1816-
1821. FHL# 1548209

Transcribed by Beth Gay, 26 Jun 2001. 

Orphans Court first Monday of Aug [?] 1816.

Page 3. On the application of Margaret POWELL with the will annexed of 
Theophilus POWELL dec'd ordered that Letters Testamentary, be granted to said 
Margr. POWELL on the Estate of [?] T. POWELL dec'd and that she give Bond & 
security in the sum of Twelve Thousand Dollars for the faithful discharge of the 
Same - and that George STIGGENS & Wm BROWN be accepted of as her securities. 
Ordered also that Jessey PARKER and Joseph BECKHAM be appointed appraisers of 
said estate. 

The subscribing witness Edwin F. HAZLEWOOD, P. Alexander HENDERSON, being duly 
sworn, deposeth & sayeth that they saw Theophilus POWELL sign & Execute this his 
last Will & Testament, and that he was in Sound mind and memory. Martha DYER 
appeared in Court and chose Margaret POWELL as her guardian.

Ordered therefore that Margaret POWELL give Bond & security in the sum of Six 
Thousand Dollars' as Guardian for Martha DYER dec'd Daughter of Nathan DYER 
dec'd and that George STIGGEN & Wm BROWN be acccepted of as her security.

Page 4, Aug [?] Term - 1816, cont;

In the name of God Amen J. Theophilus POWELL of the County of Monroe Miss. 
Terry. Being weak in body, but of sound mind & sensible of this uncertainty of 
life, do constitute & declare this my last Will & Testament, in the form and 
manner following. 

Firstly - after recommending my soul to the mercy of the supreme being from 
whence it came, I wish my body decently buried in a Christian manner.

Secondly - I will that all the property now in my possession, known by the title 
of the late Mary DYER's property dec'd to be equally divided between my well 
beloved wife Margaret POWELL & her sister Martha DYER, that is to say, after the 
full payment of all debts now due from the estate.

Thirdly, I will that that portion of property falling to my wife Margr. POWELL 
be equally divided between her & my children, which property I will that my wife 
keep in her possession till the children shall come of lawful age, or the girls 
shall marry, when I wish them to receive their portion as that circumstances may 
occur, except my wife Margt. Shall marry; then the disposal of the children's 
property to be at the discretion of my Executor, for the due performance of 
[page 5.] will & Testament aforesd. I do appoint my well beloved brother, Thos. 
POWELL of the County of Mobile to be my Sole executor to this my last will & 
Testament revoking all others of whatsoever date, form or nature. In Testimony 
of which, I hereby affix my hand & seal this 17th day of May 1816. Signed Theoph 
Powell [seal]

Signed & delivered in the presence of Edwin T. HAZLEWOOD, Alexr. HENDERSON, 
Thos. G. HOLMES.