Will of E.B.M. Niblit, Russell, Alabama http://files.usgwarchives.net/al/russell/wills/Niblit.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: Jon F Fuller *********************************************************************** Will of E. B. M. Niblit State of Alabama Russell County Know all men by these presents: That I, E.B.M. Niblit, commonly called E.B. Niblit, of said state and county, being of sound mind and memory, do make this my last Will and testament: 1) I desire and direct that my body be buried in a decent and Christian like manner, and with a moderate expense consistent with my circumstances of life. 2) I desire and direct that all debts which I may owe at the time of my death, and my funeral expenses, be paid without unnecessary delay. 3) To my beloved wife, Susie A. Niblit, I devise and bequeath all the personal and real property which I may own at the time of my death for term of her natural life. 4) To my beloved daughter, Ruby Smith, I devise and bequeath an estate in the remainder on all of my property which my said wife has not disposed of at the time of her death. 5) It is hereby expressly stipulated that the interest and estate herein granted to my wife, said Susie A. Niblit, shall terminate with her death, and that the interest and estate hereby granted to my daughter, said Ruby Smith, shall commence at the death of my said wife and continue forever. 6) But it is expressly stipulated that my wife, said Susie A. Niblit, shall have the right to sell any or all of my personal property whenever in her judgment the interest of herself or the interest of Ruby Smith demands it, or whenever, if ever, she shall need to use the proceeds of any or all of said personal property, she to be the sole judge as to the property of selling the same and in case she shall sell any of such property she is hereby empowered to make or convey a perfect title to the same. She, said Susie A. Niblit is hereby authorized and empowered to use any cash or the proceeds of any such personal property as she may deem necessary. 7) Reposing perfect confidence in the fidelity good judgment and business ability of my wife, said Susie A. Niblit, and knowing her great love for our daughter Ruby Smith, I hereby appoint her and constitute her to be the executrix (sic) of this Will; and I direct that she shall not be required to make the usual administraxis (sic) bond, and she is hereby relieved from making returns to probate, or other Courts. I hereby call my friends Geo. C. Porter and E. Meredith to witness the execution of this instrument. In witness of all I hereunto set my hand and affix my seal this the 9th day of Nov, 1911. E. B. M. Niblit We the undersigned witnesses do hereby declare that at the request of E.B.M. Niblit, while in his presence, and in the presence of each other, after first seeing him sign his name to the above instrument, signed our names as witnesses, this the 9th day of November, 1911. Geo. C. Porter E. Meredith Probate Records In re Petition of Susan A Niblit In the Probate Court For Probate of Will E.B.M. Niblit of Russell County, Ala. Sept. 28, 1920 Mrs. Ruby Smith, J.I. Smith, H. A. Ferrell and C.O. Martin, having been duly sworn by the Court, in the above state case, testified as follows: Mrs. Ruby Smith testified; I know the signature of my father E.B.M. Niblit, this signature to the paper writing in my hand purporting to the Will is his genuine signature. To the best of my judgment the signature of E. Meredith, the witness to the Will is his genuine signature. I do not know the signature of Geo. C. Porter. Geo. C. Porter is now a non resident of the state of Alabama. E. Meredith is now dead. Geo C. Porter and E. Meredith were the subscribing witnesses to this Will. E. B. M. Niblit was my father. He died 24th May, 1919. At the time he made his Will so far as I know and to the best of my judgment, on the 9th day of Nov. 1911, he was of sound mind and fully capable of making his Will. He was over the age of 21 years. Ruby Smith Mr. J. I. Smith testified: I knew Mr. E. B. M. Niblit in his lifetime. He was my father-in-law. He died on the 24th May, 1919, leaving his assets in the county, the next of kin of the descendent is his only child, Ruby Smith, my wife. She is 28 years of age and resides at Girard, Ala. He also left a widow, Mrs. Susie A. Niblit, who is over the age of 21 years and resides at Girard, Ala. Who is named his executor in the Will. Mr. E.B.M. Niblit was of sound mind and disposing memory at the time of the making of his will Nov. 9, 1911, and at that time he was over the age of 21 years J. I. Smith Mr. C. O. Martin testified: My name is C.O.Martin. I have held public office in Russell County, Ala. For a period of covering over 15 years. I have upon many occasions seen Mr. Porter write and have closely observed his handwriting. I am familiar with the signature on the paper writing of Geo. C. Porter purporting to be the last Will and testament of E.B.M. Niblit and am sure it is the genuine signature of Geo. C. Porter C.O. Martin Mr. H.A. Ferrell Testified: I know the signature of Geo. C. Porter. I have had extensive correspondence with Geo. C. Porter, covering a period of 9 years. I have seen him write upon many different occasions and have been associated with numerous lawsuits wherein he was engaged and wherein I seen his signature to numerous Court Papers. I testify that the signature of Geo. C. Porter as subscribing witness to the paper writing purporting to be the last Will and testament is the signature of Geo. C. Porter H. A. Ferrell State of Alabama Russell County I, L. H. Boykin, Judge of Probate of Russell County, Alabama, hereby that I am not of kin nor related to any of the parties in this case: that the above named Ruby Smith, J. I. Smith, C.O.Martin and H.A. Ferrell, are know to me, and are the identified persons named as witnesses. That they were sworn and examined before me at the Courthouse in Seale, Ala, Russell County on the 28th day of September, 1920, upon interrogatories propounded to them orally. And I certify that their answers to said interrogatories were taken down as nearly as might be in their own language. I further certify that such examination of said witnesses was in open Court, and that I have no interest in the proceedings and am not interested in the result there of. In Witness whereof, I hereunto set my hand this the 28th day of Sept. 1920. L. H. Boykin Judge of Probate State of Alabama Russell County I, L. H. Boykin, Judge of the Court of Probate in and for said County, do thereby certify that the within instrument of writing has this day in said Court and before me as the Judge thereof been duly proven to be the genuine last Will and testament of E.B.M. Niblit, deceased, and that said Will together with the proof thereof has been recorded in my office in Book of Wills No.3 Pages 555 and 556. In testimony whereof I have hereunto set my hand and seal of office this the 28th day of September, 1920. Seal L. H. Boykin Judge of Probate