Will of Martha C. Smith McGehee, Lowndes, Alabama http://files.usgwarchives.org/al/lowndes/wills/willbockc/mcmcgehee.txt ================================================================================ USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Carolyn Golowka ================================================================================ March 2001 Will of Martha C. Smith McGehee Lowndes, County, Alabama Will Book C, pages 113 - 114 State of Alabama Lowndes County I, Martha C. McGehee of the County and State aforesaid, being of sound mind and of a disposing memory, do make, constitute this as my last will and testament. 1st: It is my wish that a suitable tomb be placed over my grave. 2nd: It is my will that my executor pay to the Secretary of the Missionary Society of the Methodist Episcopal Church South, Five Hundred Dollars. 3rd: I give and bequeath to Jos. B. Mason, B. W. Mason and Martha McGehee Mason, daughter of Jos. B. Mason, five hundred dollars each out of my Estate. 4th: I hereby authorize and instruct my Executor to deduct 25 percent from the gross amount due me from my brothers, James H. and H. V. Smith, if not settled before my death. 5th: It is my wish and desire that the rest and residue of my Estate not heretofore disposed of, be equally disposed of between my brothers, B. J. and H. V. Smith and my sister Sarah A. Menefee, with the exception of my household furniture, which I give to my brother, B. J. Smith. 6th: I give my Executor full power to dispose with all the forms of a regular administration, if they chose to do so, dispensing with an inventory and appraisement. 7th: I hereby constitute and name my brother, B. J. Smith, and Jos. B. Mason, Executors of this my last will and testament. In witness of all which, I have hereunto set my hand and affixed my seal this first day of March, 1867. Martha C. McGehee Witness: B. V. Wilkin (Walker?) D. O. Lockhart W. E. McGehee State of Alabama Lowndes County Probate Court of said County In the Matter of the Probate of the Last Will and Testament of Martha C. McGehee, deceased. Before me, J. V. McDuffie, Judge of the said Court, personally appeared ...... in open Court, David O. Lockhart and R. W. Walker who having been by me first duly sworn and examined, disposes and says 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 Martha McGehee, deceased, late an inhabitant of this County, that said Martha C. McGehee, since deceased, signed and executed said instrument on the day the same bears date in the presence of Affiant and B. W. Walker and M. E. McGehee, and declared the same to be here last will and testament, and that affiant together with the other subscribing witnesses set their signatures thereto on the day the same bears date as subscribing witnesses to the same in the presence of said testator, and in the presence of each other. That said testatrix was of sound mind and disposing memory, and tin the opinion of the deponents, fully capable of making her will, at the time the same was so made, as aforesaid. Affiant further states that said testator was on the day of the date of the said Will of the full age of twenty-one years and upwards. D. W. Lockhart B. W. Walker Subscribed and sworn to before me This 10th day of Oct. 1870 J. V. McDuffie Judge of Probate Martha C. McGehee, Deceased. In the Matter of the Probate of the Last Will and Testament. The application of Joseph B. Mason for the Probate of said Will having been set for hearing on the 12th day of September, A.D. 1870, and the said applicant having been duly continued to this day, now comes the said applicant and also comes H. D. Rugeby who was heretofore duly appointed by the orders of this Court and who now consents to act as Guardian ad litem for Sallie H. Smith, who is a minor, a niece and heir of said Deceased, and it appearing to satisfaction of the Court that the notice of the said application and of the time appointed for the hearing the same, has been given in pursuance of law and in strict accordance with the former order of this Court made and entered into the premises on the .... day of ...., 18.. by publication continued for three successive weeks in the Hayneville Examiner, a newspaper published in said County, and by citations served personally upon the heirs at law, and next of kin of said decedent as divided ...... is said former order, and Now, on motion of the said Joseph B. mason, the Court proceeds to hear said application, and it appearing to the satisfaction of the Court, the testimony of D. O. Lockhart and D. W. Walker, that they respectively signed the said instrument of writing, purporting to be the last will and testament of the said decedent, and which writing is now shown him, on the day of the date thereof, in the presence of said testator, and at her request as subscribing witnesses to the same, the said testator then declaring that said instrument constituted her last will, and it being also shown by proof which is satisfactory to the Court, that said testator was of the full age of twenty-one years of age and upwards at the time of making said will; and that she was of sound mind and was full capable of making her said will. It is therefore ordered, adjudged and decreed by the Court that said Will of Martha C. McGehee, deceased, be received and the same is here by declared to be duly proven as the last will and testament of the said decedent, and as such admitted to probate and ordered to be recorded together with the proof thereof, and all other papers on file relating to the proceeding. It is further ordered that said applicant pay the cost of said proceedings. The State of Alabama Lowndes County Probate Court, October 10,th 1870 The will of Martha C. McGehee of said County, having been duly admitted to record, Patters Testamentary are hereby granted to Joseph B. Mason, the Executor named in said Will who has complied with the requisitions of the law, and is authorized to take upon hilmself the Executorship of said Will. Witness: J. V. McDuffie, Judge of Probate at office this 10th day of October, A. D., 1870 J. V. McDuffie Judge of Probate