Re: HOLLOWAY--WILLS
-
In reply to:
HOLLOWAY--WILLS
margie croney 9/26/07
Caleb Holloway had no children. His will left estate to his wife Margaret and his surviving siblings and the children of his deceased siblings.
Caleb Holloway Will , Chambers County Wills Book 3, p. 427. [transcribed by Tom Sheffield, June 2003)
The State of Alabama Chambers County.Know all men by these proceeds that I, Caleb Holloway, a citizen of said county and State being of sound mind and disposing memory do make and declare this to
be my last will and testament.
Item 1st, I will and desire that my executrix and executor or thos that qualify as such shall pay all my Just debts.
Item 2nd,I will and desire that they shall pay my funeral expenses and burial expenses costs and Expenses of carrying into effect this will.
Item 3d, I give and bequeath to my beloved wife Margaret Holloway the following real estate situated in Chambers county, Alabama, to wit, commencing at a point where the public road from Lafayette to Dudleyville intersects the line between my Lands and those of John C. Fords ( Tooles?) it being the centre line running
North & South of Section fifteen (15) and running West along said road about two hundred yards to the South and West bank of the little creek on which are situated Wilson's old Mill, and thence down the South fork of said creek to where the second branch runs into it from the South side, thence from the Mouthof said branch due South until it intersects the line between me and A. Finley thence East and South along the line between me and Finley until it intersects the road from Lafayatte to Finley's Plantation thence East along said road to the centre line running North and South of Section fifteen (15) thence North along said road to the beginning corner at the Lafayette and Dudleyville road said lands being a portion of Sections nine, ten, fifteen, and sixteen and
twenty two Township Twenty- one (21) and Range Twenty-six (26) containing five hundred acres more or less including my residence, gin house and other improvements thereon.
Item 4, I give and bequeath to my said wife Margaret Holloway all my Household and Kitchen furniture, my horse and buggy and after taking out the amounts required by Items 1st and 2d of this will one half of the remainder of my personal property including notes, accounts, money and Everything except real estate And in case She and my executor cannot agree about the said division of said property I desire that she shall select one disinterested man, not related, my executor one, and the the third and these three shall make an equal division of the said property & shall turn over to her, my said wife, one portion the title to which shall vest in her absolutely.
Item 5, I will and desire that my executor executrix or those qualifying as such shall sell all the remainder of my real and personal property not herin before disposed of, as soon after my death as practable without injury at public sale for cash after having given thirty days public notice of the time and place of said sale and take the proceeds of said sale and the remainder of my notes, accounts, and money not hereinbefore disposed of and divide the same amongst my heirs at Law in the same manner as it would have been done under the Laws of
this State as prescribed in Chapter One (1) Title four (4) of the Revised Code of Alabama that is in equal parts to my brothers and sisters and where they are dead to their descendants as required by said Chapter.
Item 6,I hereby appoint and constitute my wife Margaret Holloway my executrix and J. M. Norwood my executor to carry into effect this my will & after the probate my said will and qualify as such executrix and executor that they shall not be required to file any inventory or appraisement or obtain any orders of sale or make any settlement in Probate [1 unclear word] to incur any costs whatever therein. In testimony whereof I have hereunto set my hand and seal this the 6 th day of October 1873.Caleb Holloway seal
This instrument has been signed and sealed by Caleb Holloway as his Last will and testament in our presence and we hereby sign the same as attesting witnesses in his presence and in the presence of each other this Oct 6, 1873. F. [S or T?] Trammell, R. A. Allen.
State of Alabama Chambers County
Probate Court of said county. In the matter of the matter of the Probate of the last will and Testament of Caleb Holloway, deceased: Before me, Peter M. Rowland, Judge of the said Court personally appeard in open Court, F. D. Trammell & R. W. Allen who having been by first respectively duly sworn and examined, did and do depose & say on oath that they are each subscribing witnesses to the instrument of writin now shown to them & which purports to be the last will and testament of Caleb Hollow deceased late an inhabitant of this county; that said Holloway, since deceased signed and executed said instrument on the day the same same bears date, and that declared the same to be his last will & testament & that affiants set their signatures thereto on the day the
same bears date as subscribing witnesses to the same, in the presence of said testator: That said testator was of sound mind and disposing memory and in the opinion of deponents , fully capable of making his will, at the time the same was so made, as aforesaid. Affiants furtherstate that said testator was, on the day of the said date of said will, of the full age of twenty-one years and upwards. F. D. Trammell, R. A. Allen. Subscribed and sworn to before me this August 9, 1875, P. M. Rowland Probate Judge. The State of Alabama Chambers County. I Peter M. Rowland, Judge of the Court of Probate in and for said county & State do hereby certify that the within instrument of writing was on this 9 Day of August 1875 in said Court & before me as the Judge thereof duly
proven by the proper testimony to be the genuine last will & testament of Caleb Holloway, deceased, and that said will together with said proven proven thereof has this day been duly recorded in Book C of Wills pages 427-8-9 & 430. Given under my hand this 20 day of August 1875. P. M. Rowland Judge of Probate.
More Replies:
-
Re: HOLLOWAY--WILLS
margie croney 10/24/08