Tallapoosa County AlArchives Wills.....Adair, James W. February 19, 1853 ************************************************ 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: Beverly Giles Loffler beverly@jloffler.com March 28, 2005, 11:53 pm Source: Tallapoosa Co., Al Will Record Written: February 19, 1853 Recorded: March 11, 1853 Transcribed by Beverly Giles Loffler beverly@jloffler.com Tallapoosa Co., AL Will Record Vol. 1 1838-1907 Pages 73 and 74 LDS Microfilm Number 1304546 Salt Lake City UT JAMES W. ADAIR WILL 1853 The State of Alabama Tallapoosa Cty This is to certify that we the undersigned were at the house of James W. Adair on the sixteenth instant and heard him call on the [can’t read] present to witness what he had to say and wanted it to be established as his last will and testament, on the day previous to his death. 1st He gave a certain Gray mare now in his Father’s possession to his sister, either Matilda E. or Martha J. Adair, and also a certain Sorrel horse called Celenen [?], also in his Father’s possession to one of the aforesaid Sisters, one of them to have the horse, and the other the mare, he did not say which. 2nd He gave a Sorrell Colt also in his Father’s possession to his Brother Joseph M. Adair to have as ong as he lived. 3rd He wanted his sisters to have the cows and their increase, we understood them to be the cattle at his Father’s. 4th He wanted forty acres of the land on which his Father now lives deeded to his Father, and unless John and William H. McKelvy and his Father would pay the two hundred dollars he had paid for the land, the balance of the land on which his Father now lives would have to be sold to pay his own debts. 5th He wanted his wife’s Mother Lydia Dillard to take his wife and children and treat them as if they were her own. 6th He wanted Samuel M. Bell to administer on his Estate and sell his property and pay his debts, and give what was left to his wife and children. Feb. 19th 1853 O. D. Dillard Lydia Dillard Emily C. Gamble [can’t read] We the undersigned witnesses to the will of James W. Adair understood the said James W. Adair to mean the two hundred dollars he had borrowed from N. J. Catching, when he spoke of the $200.00 in his last will and testament, and understood him then and before, that he wanted to leave the land to his Father and Sisters might pay him or them for it, and then he would or they would make a title to the land to his Brother Joseph M. Adair, and that he wanted John and William H. McKelvy to do the same if ever that are paid for it by them. Feb. 19th 1853 O. D. Dillard Lydia Dillard The State of Alabama Tallapoosa Cty Personally appeared in open Court O. D. Dillard and Lydia Dillard who being duly sworn deposeth and saith on oath that the foregoing written pages contain substantially the non cussatiae will of James W. Adair decd., that the same was reduced to writing within six days after the making of the same, that the deponents together with Emily C. Gamble and others when called upon by the testator to take notice that such was his last will and testament; and that the said will was made during the testators last sickness at his dwelling house where he had resided for more than ten days previous to his death, and that at the time of making said will the testator was of sound and deposing mind and memory. O. D. Dillard Lydia Dillard Sworn to and subscribed in open Court on this the 9th March 1853 M. C. Lane, Judge of Probate On this the 9th day of March 1853, came O. D. Dillard, who propounds the foregoing non cussatiae will of James W. Adair decd. For probate, and it appearing to the satisfaction of the Court that the widow of said decedent has [can’t read] and legal notice of the time and plan of probating said will and the same having been duly proven by the testimony of O. D. Dillard and Lydia Dillard, and no one appearing to contest the same, that the same be filed and Recorded. M. C. Lane, Judge Recorded March the 11th 1853 M. C. Lane, Judge of Probate By Simeon Goolsby, Clerk File at: http://files.usgwarchives.net/al/tallapoosa/wills/adair22nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 4.4 Kb