CHATHAM COUNTY, NC - WILLS - John Jones Alston, 15 Sep 1842 ==================================================================== USGENWEB 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 Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Steven Brooks sbrooks4@nc.rr.com ==================================================================== State of North Carolina Chatham County We Richard C. Cotten and Elizabeth Alston of the County of Chatham and State aforesaid, do hereby certify and declare, that on Thursday the 15th of September AD 1842, John J. Alston late of the County & State aforesaid, we the subscribers, having been specially required to bear witness thereto, Mr. Alston did make & declare his last will & testament in the following words, To wit: "I give all my property to my wife (Adeline) to do with as she pleases." We further certify & declare, that the said John J. Alston was in his proper mind & as we believe capable at the time of speaking the above words of making a will or of transacting any other kind of business, & further that he was soon taken violently ill & remained in that situation until the Sunday immediately following, to wit 18th September 1842, when he died in his own dwelling house. RC Cotten [SEAL] EM Alston [SEAL] Subscribed by the said Richard C. Cotten and Elizabeth Alston in the presence of us, this 22nd September AD 1842. The words of Mr. Alston being _______ before signing of the said witnesses. Albert Webster James [illegible] State of North Carolina Court of Pleas and quarter Chatham County Sessions Feb. Term 1846 Be it remembered that at a court of Pleas and quarter sessions begun and held for the County of Chatham State of North Carolina on the second Monday of February AD 1846 - The following proceedings were then and there had and by the Court ordered to be recorded to with (no 65) Adeline Alston against Alston A. Jones and wife Elizabeth M and against John J. Alston, Delia Alston, Margaret L. Alston, William W. Alston, Marina T. Alston, Nathaniel M. L. Alston, Henrietta V. B. Alston and Adeline E. Alston infants who defend by their Guardian ad litem Philip K. Alston. Petition for Reprobate of nuncupative will of John Jones Alston Deceased. This case coming on to be heard on the petition answer &c the court order and direct a Jury to be empanelled to inquire whether the said John Jones Alston Dec did make a nuncupative will in the words, manner and form set forth in said petition and if he did, whether two creditable witnesses were present at the making thereof, and whether they or some of them were specially required to bear witness thereto by the testator himself and whether it was made in his last sickness and in his own dwelling house and whether it was put in writing within ten days from the making thereof and whether the Testator was at the time of making said will of sound mind and disposing memory and whether the said nuncupative will is and doth contain the last will and testament of the said John Jones Alston Decd. Whereupon the following jury of good & lawful men, to wit, Nathaniel Roberson, John Fields, James Sellars, John E. Nettles, Jacob Fox (son of John), Nathaniel Newlin, James Tally, Daniel Campbell, Benjamin Crutchfield, H. C. Burns, William Dowdy, & Terrell Brooks are duly sworn & empannelled to inquire into and respond to the aforesaid issues. When Richard C. Cotton and Elizabeth M. Jones personally appear in open court & being duly sworn & examined as witnesses, they & each of them do then and there depose and say that on Thursday 15th day of Septr A.D. 1842 John Jones Alston, late of the County of Chatham & State of North Carolina did make in the following words, to wit, "I give all my property to my wife Adeline to do with as she pleases" and that they the said witnesses were present at the making thereof, and that they were specially required to bear witness thereto by the Testator himself and that it the said will was made in his, the said Testator's last sickness and in his own dwelling house and that the said will was put in writing and subscribed by the said witnesses within ten days from the making thereof, to wit, on Thursday the 22nd day of September A.D. 1842 and that the said John Jones Alston was at the time of speaking the above words and making the above will in his proper mind and capable of making a will or transacting any other kind of business and that he was soon taken violently ill and remained in that situation until the Sunday immediately following, to wit, the 18th day of September A.D. 1842 when he died in his own dwelling house - the aforesaid case being therefore submitted to the jury aforesaid, the jury find, That the said John Jones Alston Dec. did make and publish a nuncupative will the 15th day of September 1842 in he words following, to wit, "I give all my property to my wife Adeline to do with as she pleases" and that two creditable witnesses, to wit, Richard C. Cotton and Elizabeth M. Alston, now Elizabeth M. Jones, were present at the making thereof and that the said witnesses were specially required to bear witness thereto by the Testator himself and that it the the [sic] said will was made in his the said Testator's last sickness and in his own Dwelling House, and that the said will was put in writing by the said witnesses within ten days from the making thereof, to wit, on the 22nd day of September 1842, & that the Testator was at the time of making the said will of sound mind and disposing memory and that the said nuncupative will is and doth contain the last will and testament of the said John Jones Alston Decd - Whereupon the Court doth pronounce, declare and adjudge that the said John Jones Alston Decd duly made and published this nuncupative will on the 15th day of September 1842, in the words following, to wit, "I give all my property to my wife Adeline to do with as she pleases" and that the said nuncupative will is and doth contain the last will and testament of the said John Jones Alston Decd and that the said nuncupative will is duly proved in all respects as required by law, & doth order the same to be recorded and on motion judgment is granted against the petitioner for the cost of this court.