Will of Ashby Washington Ethridge/Etheridge, Monroe, Alabama http://files.usgwarchives.net/al/monroe/wills/awethridge.txt ==================================================================== USGENWEB PROJECT NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Ruth Newlan ==================================================================== March 2003 Will of Ashby W. Ethridge 1864 In the name of God Amen. I Ashly Washington Ethridge being in feeble though of sound mind and disposing memory and convinced of the uncertaintys of life and the certainty of death do make and ordain this my last will and testament in the words following firstly After my death I desire to be decently buried within my extra -----------. Secondly I desire all my just debts to be paid out of my estate. Thirdly I will and bequeath to my dutiful and affectionate wife Martha Elizabeth Ethridge all of my real and personal property in the County of Monroe and State of Alabama that is to say The lands upon which is situated my residence together with my plantation situated and lying on the Alabama River, also my tract of land known as the --- ------- ----- and lying on Waller creek all in the County of Monroe and State of Alabama also the following named negroe slaves to wit: Peyseal Yorke John Joseph Jack William Mariah Aggy Emeline Mary Delia Harriet Robert Monroe Lizzie Asley Daniel Adeline and Sarah together with my entire stocks of milk cows hogs all the corn fodder cotton and Dollars on hand at the time of my death. Fourthly I bequeath to my sister Mary Phillips to sum of two hundred dollars to be paid to her accordingly on the first day of January during her nature life and at (almost the enter rest of sentence is too dark to read) Fifthly Having full confidence in the honesty integrity and faithfulness of my affectionate wife Martha Ethridge I do here by constitute and appoint her my Executuix to this my last will and testament without being required to give security for the faithful execution of the same. Sixthly I will and direct that my affectionate wife as Executrix herein appointed shall take possession of my entire estte here in bequeathed, manage and control same, collect all debts which I now owe or which my estate may here after owe, be capable of suing or being sued both in law and equity the same as if she was the sole owner of the enter property in her own name Seventhly I will and direct that the enter estate shll be kept together during the life of my wife at her death the property shall be divided in two equal parts one half of which my wife may dispose of as she may think proper The other half after first giving to Martha Elizabeth Ashby a negro girl named Adeline now about six years old and five hundred dollars to my nephew James Brown shall be divided between the following named persons to wit Ulyses B. Phillips Martha Elizathbeth Ashley/Ashby, Martha Minerva Graves, Mary Isabella Graves and the heirs of Benjamin F. Phillips in equal portions. In testimony where of I have here unto set my hand & seal, this 25th day of Agust AD 1863 Signed read and acknowledged A. W. Ethridge (Seal) in our presense the day and date above mentioned Wm H. Norris Thomas English Andrew I. Lambert State of Alabama Monroe County} Before me M. MCoroey Judge of Probate for said county personally appeared A.J. Lambert who uupon oath says that he subsribed his name as a witness to the written instrument of writing purporting to be the last will of A. W. Ethridge dec that said AW Ethridge signed the same in his presence & in the presenc of the other subsribing witnesses on the day the same date & declared the same to be his last will & testament he was of sound mind and memory & of full age Sworn & Subcribed July 11 1864 M. MCorvey Judge} A. I. Lambert **************************************************************************** Probate Court, Special Term, April 6th, 1868 A.W. Etheridge decd} Estate of } This day, came Jame E. Brown by his atty, & filed his petition, representing that he is over the age of twentyone years, & that he is a legatee under the will of said decedent; that as such legatee, he is entitled to a legacy of five hundred dollars from said Estate, according to the provisions of said will that he has recieved no portion of said legacy; that U.B. Philips is the admr, with the will annexed, of said Estate; that said Estate has been more than eighteen months in course of administration; that the assets of said Estate are more than sugicient to pay the debts thereof, and praying that said U.B. Philips may be cited to appear before this Court, on the second Monday of May next to show cause why he should not make a Settlement of said Estate & pay off such legacy, as contemplated by said will. It is therefore, ordered, that such citations issue to said U.B. Philips, admr as aforesaid, & that the second monday of May next be appointed a day for hearing said petition **************************************************************************** A.W. Etheridge decd} Estate of } This day came U.B. Philips the administrator with the will annexed and of siad A.W. Etheridge decd and it appearing to the Satisfaction and judgement of the court that the precedings heretofore now and reported to this court in this to wit: that the inventories made out by the said admr should have been exclusively of the estate of A.W. Etheridge decd and not of A.W. & M.E. Etheridge decd and not the page 283 Probate Court Special Term October 26th 1868 report of sale should have been made out in conformity thereto and of the personal property of the said A.W. Ethridge decd and that all of the other acts and doings in reference to the said premises have been regular and in conformity to law and the orders of this court and whereas also it appearing to the court and from its records that at a special term therof in February 18th 1867 the said U.B. Philips admr as afore said made a annual settlement as admr with the will annexed of M.E. Ethridge decd when in its opinion he the said admr U.B. Philips should have made such partial or annual settlement as the admr with the will annexed of saidA.W. Ethridge decd and it further appearing to the court that said Settlement was erroneous, it is hereby ordered ? and decreed at the court that the same be set aside and declared of no effect and that the other error herein before mentioned be corrected and that the inventory appraisement report of sale and the other act and doingings of said admr as the representative of M.E. Etheridge decd estate be taken deemed and considered as the act and doins of said U.B. Philips as the admr of the estate of A.W. Ethridge decd. Also on this day came the said U.B. Phillips the admr with the will annexed of said A.W. Etheridge decd the same having been appointed for an anual settlement of said estate. And the notice reuired on a previous order of court having been given also came JF McCorvey who is hereby appointed guard ad litem for all the minors interested in this and in open court consented to act as such guardian ad litem and the account having been examined and stated it appears that said admr is chargeable with the sum of Six thousand one hundred six & 74/100 (6106 74/100) Dollars that he is entitled to credit for the sum of Four thousand eight hundred fifty three & 78/100 (4855 78/100) leaving a balance in hand of said admr on this settlement of one thousand two hundred fifty two & 94/100 (1252 94/100) Dollars. It is ordered that the proceedings statement stand as the Judgement and decree of this court and that the account current as stated be recorded and place on file.