Scott County MsArchives Court.....Lowry, William W. October 27 1891 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/ms/msfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ronald J. Reid rreid21@cox.net June 12, 2004, 5:05 pm Source: Scott Co., Ms Probate Records 1835-1951, Book B, Page 79 Written: October 27 1891 Recorded: October 30 1891 Est of W.W. Lowry Be it remembered that the following petition was filed in the chancery court of Scott County Mississippi to wit; The State of Mississippi Scott County To the Hon E.B. Graham chancellor of the Chancery court District of Mississippi The petition of C.J. Lowry E.B. Lowry & W. Percy Lowry citizens of Scott County State of Mississippi respectfully show unto your honor that on the 27th day of October 1891 W.W. Lowry late of said County departed this life leaving a last will & testament duly signed published and attested as your petitioners and an addition to said Will & testament duly signed published and attested as your petitioners believe and which they in pursuance of the statute hereinwith present to your Honor for Probate. That said will is subscribed by M.D. Graham, O.M. Iham, acts and said addition signed by M.D. Graham & Hi Eastland as witnesses to the signature and publication thereof all of whosoever as your petitioners now reside in said County That said Testator in his said Will & Testament nominates and appoints your petitioners Executors thereof. This petition furthers show that the said W.W. Lowry died seized and possessed of a large real and personal estate consisting of land lying and situated in Scott Smith Newton and other counties of said State And in stock of goods wares & merchandise notes & accounts due said Testator which said personal estate is of the value of dollars. That said Testator in his said last will and testament releases your petitioners as executors from filing of an inventory of his personal property _____ in action and Money and from having said personal property appraised until after all bills due by his estate are paid unless demanded by one or more of his heirs & distribution _______ said will and releases them from giving bond as executors. That your petitioners moved by a desire of making and fulfilling the wishes of their said Testator and that his said last will and testament may in all things be executed according to the true interest & meaning thereof are willing to accept the office and trust conferred on them. In consideration of the promises pray that the said M.D. Graham D.M. Warnack & Hi Eastland subscribing witnesses as aforesaid be summoned to appear before the clerk of this Court forthwith then and there to testify in the matter of said Will as it may please your Honor to _________ _________ ___________ ________ of said will may be therefore granted and the same ordered for record and your petitioners further pray that it may please your Honor to grant to them letters testamentary of said last will and testament on their taking the oath prescribed by the statutes and in duty bound will ever pray &c. Sworn and Subscribed before me C.J. Lowry This 31st day of October 1891 E.B. Lowry W.T. Tibs Chancy Clerk W. Percy Lowry Filed October 31st 1891 W.T. Tibs Clerk Order of Court In the matter of certain instrument Of writing purporting to be the last will Before the clerk in ___________ And testament of W.W. Lowry deceased 31st Oct 1891 Upon _________ and _________ the petitioners duly verified of C.J. Lowry E.V. Lowry and W. Percy Lowry for probate of certain instrument of writing purporting and alleged to be the last will & testament of W.W. Lowry deceased late a resident of this county and for letters testamentary therefrom and on taking and reading the testimony of M.D. Graham & Hi Eastland subscribing witnesses ________ ________ _________ after hearing all and singular the proofs and allegations submitted and considering the same being now verified that said instrument are fully and legally established as the true and original last will and testament of the said W.W. Lowry deceased and that the said W.W. Lowry made it the day of the date of said will and addition thereto of lawful age to devise and of sound disposing mind memory and understanding and of right and in law entitled to make said will. It is therefore considered by the court that the said instrument of writing be submitted to probate and recorded as the true and original last will and testament of the said W.W. Lowry deceased and it is further ordered that letters testamentary of said last will and testament be granted to the said C.J. Lowry E.B. Lowry and W. Percy Lowry on their taking the oath prescribed by the Statute Ordered this 31st day of October 1891 W.T. Giles Clerk Will & Proof (I William W. Lowry of the town of Forest County of Scott and State of Mississippi do hereby make, declare and publish this as my last will and testament) I have become ____________ and assume to pay for my son W. Percy Lowry on or before the first day of November 1891 to T.B. Smythe and others the sum of four thousand and three hundred dollars ($4300.00) This I intend as an advancement to him out of my estate and if not paid by me in my life time then I direct that it be paid out of my estate or if paid by him then such amount as hem may pay is to be refunded to him out of my estate. I have given and transferred jointly to my other children vizt: Lucy May Lowry Edgar B. Lowry Lizzie Lowry Lottie and Maude B. Lowry the following property to wit: Thirty three shares (33) of the stock of the Meridian Fertilizer Factory of Meridian Miss valued at $100.00 per share Five (5) shares of the Capital Stock of the National Bank of ________ Texas valued at $100.00 per share Thirty (30) shares of the Capital stock of the Central National Bank of Dallas Texas valued at $110.00 per share. Forty (40) shares of the Capital Stock of the Meridian National Bank of Meridian Miss valued at $160.00 per share. Forty (40) shares of the North Texas National Bank in the State of Texas valued at $100.00 per share Twenty shares of the Jackson Grocery Company in Jackson Miss valued at $100.00 per share one note on M.D. Graham & Co., for one Thousand dollars ($1000.00_) The estimated value of said property $21500.00 The shares each one of the _____ ______in common being $4310.00 This is considered as an advancement to them to equal the amount to my son W. Percy Lowry. I have fifty shares (50) of the Capital Stock of the Chattanooga National Bank at Chattanooga Tenn. The certificate of the Stock is issued in the joint names of myself and my wife C.J. Lowry. I give and bequeath to her my said wife all my right title and interest in said stock of fifty shares. I give bequeath and devise to my said wife for life my residence in which I now reside and the block on which it is situated with out houses gardens &c in the town of Forest County of Scott and State of Mississippi and Block forty one in said town of the E/2 of the W/2 of SW/4 of Section 10 T6 R8 in said County and State together with all the household and kitchen furniture and all other property used for the family including domestic animals I further direct that after discharging all of my debts and funeral expenses the residue of my estate be equally divided between my said wife and all of my children. If _________ any ________ the income from the estate of my minor daughter Maud B. shall be insufficient for her support and education then I will and direct that a sufficient amount be taken from the general fund for that purpose. If at any time of my death I shall have on hand a stock of goods I direct that the sum be disposed of as soon as possible and if it can be disposed of as a whole without great sacrifice, it shall be so done. But if found unpracticable to so sell then I direct authorize my son Edgar to make such small purchases as will enable him to sell the balance of the stock but such purchases ___ continue longer than twelve months should my said son Edgar continue the business as clerk I direct that he be paid for his services for selling out stock a sum not less than fifty ($50.00) per month. My brother Charles Lowry is old and has but little property; he may be so circumstanced that he will need assistance in that event I request my executors to aid him to the extent of not more than one hundred dollars per annum but this shall not constitute a legal demand against my estate. I direct that my Executors shall settle my estate speedily _________ and without any unnecessary delay And when they shall collect in any Money not needed to pay debts and expenses they shall immediately distribute the same to the heirs such distributions to be made at least once every three months. I appoint my wife C.J. Lowry and my sons Edgar Lowry & W. Percy Lowry my executors to execute this will or the survivors of them should either die. And I encourage them to sell and dispose of my property both real and personal either at public or private sale and to Execute deeds of conveyance without first obtaining an order of court therefore and they may likewise compromise or sell any claim or debt due my estate without applying to the Court for permission, And I hereby invest them as such executors with title to all of my personal and real property to such extent as will empower them to make good and valid titles to purchases and I direct that as speedily as it can be done without injury to the estate that they sell and convert into money all my property (not having loans?) and distribute the same among my heirs as hereinbefore directed. In making sales of my property I authorize and direct that either of my Executors may become purchasers as individuals of an item paying __________ and reasonable price for the property and on the same terms as other purchasers. If in settlement of my estate my Executors shall disagree then I desire that such of my other heirs as are convenient shall be consulted and their wishes considered and any party interested may appeal to the court. My Executors are not relieved from filing inventory appraisement and annual and final accounts but shall make such accounts regularly. I will and direct that no bond be required of my said executors. I appoint my wife C.J. Lowry and my son Edgar Lowry guardians of my minor daughter Maud B. Lowry and I relieve them (if the law will permit) from giving bond as such. I will and direct that my executors be empowered and authorized to purchase for my estate any property sold for the collection of debts due in either under execution trust deed or inheritance if deemed best by him for the protection of my estate such property items purchased to be resold at the first possible opportunity my property remaining in hand at the time my daughter Maud B shall obtain her majority shall be divided or sold and the proceeds distributed and final settlement promptly made. I direct my executors to pay what I may owe John G. Lowry as his guardian to the guardian appointed after my death. It is my wish and I request that the Bank stock and other property herein before mentioned as given to my five children jointly be held jointly by them until my daughter Maud B. shall arrive at the age of twenty one years except it becomes necessary to collect the note or sell the stock or a part of it for any good reason then in such event only the dividends necessary collection ________ of sale to be distributed. I recognize that I have no control over this property and only express this as a wish. The word “these” in the 15th line the word “Factory” in the 14th line & the words besides ________ _________ ____________ “in 24” line all ________ were interlineated before signing. In witness hereof I have hereunto signed my name and affixed my seal this 5th day of Sept AD 1891 W.W. Lowry Signed in our presence on the date mentioned and we sign our names as witnesses thereof in the presence of the Testator and at his request in presence of each other. M.D. Graham D.M. Warnack I William W. Lowry of the town of Forest County of Scott and State of Mississippi having heretofore _____________ on the 5th day of September AD 1891 made published and declared my last will and testament do now make publish and declare this additional vizt. I will and direct that if at the time of my death I shall be engaged in the mercantile business and shall have a stock of goods wares and merchandise on hand then my executors are authorized and impowered to continue the business (for the purpose of selling the same speedily) without any interruption or delay for the purpose of obtaining orders of the court and in such manner as in their best judgement will be to the interest of my estate and to that end they are released from obtaining any order or decrees from the court except the probating of my will and the issuance of letters testamentary and from making any inventory of my personal property chosen in action and money or from having said personal property appraised until after all debts due by my estate are paid unless demanded by one or more of my heirs and distributed under my will. I further direct that my executors shall speedily pay all debts due by me and it shall not be necessary that the same shall be probated but they may __________ ________ first probated and registered when they are satisfied of the Justice of the claim. In making annual accounts it shall be sufficient to debit in ____ _____ all moneys received and credit by the quarterly receipts from the heirs for distribution made to them. The sales and accounts due me are of such doubtful order I do not wish that any inventory or valuation shall be made of them or any other personal property of my estate unless so requested by one or more of the heirs named in any wise. W.W. Lowry Signed in our presence on this 17th Sept 1891 & we signed our names as witnesses thereof in the presence of the Testator at his request and in the presence of each other M.D. Graham Hi Eastland The State of Mississippi Chancery Court October 31, AD 1891 Scott County The State of Mississippi Chancery Court October 31, AD 1891 Scott County In the matter of a certain instrument of writing purporting to be an addition the last will and testament of W.W. Lowry deceased of Scott County personally appeared before me N.T. Liles clerk of the Chancery Court in and for said County M.D. Graham and Hi Eastland subscribing witnesses to the said instrument of writing purporting to be the last will and testament of W.W. Lowry deceased late of Scott County who having first been duly sworn deposed and said that the said W.W. Lowry signed published and declared said instrument as an addition to his last will and testament on the 17th day of September 1891 the day of the date of said instrument in the presence of the deponents and that the said Testator was then of sound deposing mind and memory and more than twenty one years of age and that these deponents subscribed and attested said instrument as witnesses to the signature and of ____________ thereof at the specific _______ and in the presence of the said Testator and in the presence of each other on the day and year of the date thereof Sworn to & Subscribed in open M.D. Graham Court on this the 31st day of Hi Eastland October 1891. W.T. Liles Clerk The State of Mississippi Chancery Court October 31st AD 1891 Scott County Receipts of heirs to Estate of W.W. Lowry’s estate $5453.00 Vicksburg Mississippi Feby 18, 1898 Received of C.J. E.B. & W. Percy Lowry Exr Five thousand four hundred fifty three /00 dollars being my prorated share of the final distribution of the estate of W.W. Lowry deceased. This is in accordance with a provision in the last will and testament of W.W. Lowry deceased Sworn to & subscribed before Lottie Lowry Barber Me this the 18th day of July 1898 John Groom JP W. Percy Lowry Recpt 5455.0 Forest Miss July 25th 1898 Received of C.J. E.B. & W. Percy Lowry Exr Five thousand four hundred and fifty three /00 Dollars being my prorated share of the final distribution of the estate of W.W. Lowry deceased. This in accordance with a provision in the last will and testament of W.W. Lowry deceased W. Percy Lowry Lucy M.L. Easterling (should be Eastland) 5453.00 Waco Texas Feby 1898 Received of C.J. E.B. & W. Percy Lowry Exr Five thousand four hundred and fifty three /00 Dollars being my prorated share of the final distribution of the estate of W.W. Lowry deceased. This in accordance with a provision in the last will and testament of W.W. Lowry deceased Lucy May Lowry Easterling (Eastland) The State of Texas County of McLennon Before me R.L. Allen a notary Public in and for McLennon County Texas on this day personally appeared Lucy May Lowry Eastland wife of Alfred M. Eastland known to me to be the person who signed the instrument on the reverse hereof and having been examined by me privately and apart from her husband and having the same fully explained to her the said Lucy May Lowry Eastland acknowledged such instrument to be her act and deed and declared that she had willingly signed the same for the purposes and __________ therein expressed and that she did not wish to detract it Given under my hand and seal of office this 18th Feby 1898 R.L Allen Notary Public McLennon Co., TX. Lizzie Lowry Receipt $5453.00 San Antonio, Texas Feb 14th, 1898 Received of C.J. E.B. & W. Percy Lowry Exr Five thousand four hundred and fifty three /00 Dollars being my prorated share of the final distribution of the estate of W.W. Lowry deceased. This in accordance with a provision in the last will and testament of W.W. Lowry deceased Lizzie Lowry 5453.00 Received of C.J. E.B. & W. Percy Lowry Exr Five thousand four hundred and fifty three /00 Dollars being my prorated share of the final distribution of the estate of W.W. Lowry deceased. This in accordance with a provision in the last will and testament of W.W. Lowry deceased C.J. Lowry E.B. Lowry Receipt 5453.00 San Antonio Texas Feby 14, 1898 Received of C.J. E.B. & W. Percy Lowry Exr Five thousand four hundred and fifty three /00 Dollars being my prorated share of the final distribution of the estate of W.W. Lowry deceased. This in accordance with a provision in the last will and testament of W.W. Lowry deceased E.B. Lowry Maud Lowry Receipt 5453.00 San Antonio Texas Feby 14, 1898 Received of C.J. E.B. & W. Percy Lowry Exr Five thousand four hundred and fifty three /00 Dollars being my prorated share of the final distribution of the estate of W.W. Lowry deceased. This in accordance with a provision in the last will and testament of W.W. Lowry deceased C.J. & E.B. Lowry Guardian Maud Lowry By J. A. Ware Estate of W.W. Lowry deceased C.J. E.B. W. P. Lowry Executors This day came on to be heard the petitioners of said Executors to discharge them from further accounting to this court and it appearing from said petition that all of the legatees of said estate to wit. C.J. Lowry Mrs A. M. Eastland W. P. Lowry Mrs A. C. Barber Lizzie Lowery Maud B. Lowry are above the age of twenty on years and that each of said legatees have signed a receipt that said Executors have settled with him or her in full of his or her prorated share of said estate said receipt being herewith filed and made exhibit E & A. It is therefore ordered by this court that said Executors make no further account to this court of their proceedings as such Executors of said Estate until further ordered by this court is it further ordered that the clerk make final record, of this decree and the said receipts marked Ex “A”. Ordered adjudged and decreed this 23rd day of February 1898. A.M. Byrd Chancellor This file has been created by a form at http://www.genrecords.org/msfiles/ File size: 20.2 Kb