Wills: A. J. Smith, 1933: Russell, Alabama http://files.usgwarchives.net/al/russell/wills/smith.txt ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Copyright © 2003 by Jon F Fuller. This copy contributed for use in the USGenWeb Archives. *********************************************************************** Last Will and Testament of A. J. Smith WILL The State of Alabama Russell County I, A. J. Smith, of Uchee, in said state and county, do make this my Will and testament as follows; 1. I direct that all my just debts be first paid as soon as convenient after my death. 2. I hereby direct my executor to give in cash the sum of one dollar to each of my nieces and great nieces, their names being as follows - my nieces, Willie J. Thigpen, Sarah Torbert, Hattie E. Torbert, Mary Gentry, and Bettie Williamson. My great nieces, Annie _____ Smith, Lizzie Mae Smith, Vana Kindred, Dona Thigpen, Margaret Housen and Willie Hendrick Kerr. 3. I give all my real estate whatsoever, situated, and being in Russell County, with appurtenances thereto belonging, unto my nephew, Frank L. Persons, Sr. in fee simple. 4. I give all my personal property of every kind and description also to my nephew Frank L. Persons, Sr. 5. I hereby appoint F. L. Persons, Sr. executor of this my Will, without bond. 6. I hereby revoke all previous Wills and Codicils hitherto made by me. In testimony whereof, I have this 19th day of August 1933 hereunto set my hand and seal. A. J. Smith Signed, published and declared by A. J. Smith as and for his last will in our presence, and we in his presence and in the presence of each other have hereunto subscribed our names as witnesses on the day and date of said Will. S. B. Williams William P. Floyd --------------------------------------------------------------------------------------- Proof of Will The State of Alabama Probate Court Russell County May 18, 1940 In the matter of the Estate of A. J. Smith, Deceased. Present here: C. B. Gullatt, Jr, Judge of Probate Before me. C. B. Gullatt, Jr. Judge of Probate, in and for said county, personally appeared in open court S. B. Williams who, having been by me first duly sworn and examined, did depose and say on oath, that he is a subscribing witness to the instrument of writing now shown to him and which purports to be the last will and testament of A. J . Smith signed and executed said intsrument on the day the same b__ns date, and declared the same to be his last will and testament, and that affiant set his signature thereto on the day the same b__ns as a subscribing witness to the same in the presence of said A. J. Smith and that such other witnesses subscribes his that said A. J. Smith was of sound mind and disposing memory, and in the opinion of the deponent fully capable of making his will at the time the same was so made as aforesaid affiant further states that said A. J. Smith was on the day of the said date of the full age of twenty-one years and upwards. S. B. Williams (L.S.) Sworn to and subscribed before me this May 18, 1940 C. B Gullatt, Jr. Judge of Probate --------------------------------------------------------------------------------------- Certificate of Proof of Will The State of Alabama Russell County Probate Court In the matter of the application of F. L. Persons, Sr. to admit to probate an instrument purporting to be the last will and testament of A. J. Smith, Deceased. I, C. B. Gullatt, Jr. Judge of Probate in and for said county and State, do hereby certify that the within will has been duly proved and recorded; that the date of proof and probate of the said will is the 18 day of May 1940, and that the said will, together with the proof, is recorded in Book 4, Page 370. Dated this the 17 day of July, 1940. C. B. Gullatt, Jr. Judge of Probate