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This is not my family. I am a volunteer preparing Jefferson Co. Loose Records for eventual digitizing. If you would like copies, please contact me re making a much-needed donation to Birmingham Genealogical Society, specify Loose Records Project, in exchange for these records. We don't know where our next file folder money is coming from. hellomlu @ bellsouth.net [close up the spaces]
A will was made by William R. O’Rourke, retyped below “as is” from copy in case folder, Box 8287, Folder 5566. Signed original may be in a Probate record. By: Mary Lu Johnson
STATE OF ALABAMA, JEFFERSON COUNTY}
I, William R. O’Rouke of Birmingham in the State of Alabama, hereby make this my last will and testament.
As to my worldly estate, and all real, personal or mixed property of which I shall die seized and possessed, or to which I shall be entitled at the time of my death, I devise, bequeath and dispose of in the manner following:
First, my will is that all my just debts and funeral expenses shall by my executors, hereinafter named be paid out of my estate as soon after my deceased as convenient.
Second; I give and bequeath to Mary L’Rouke my divorced wife One dollar ($1.00) and direct the same to be paid out of my estate by my executor, within six months after my death.
Third: I give and bequeath to Mary Teresa O’Rouke my daughter (child by my divorced wife Mary O’Rouke) One Dollar to be paid out of my estate by my executor within six months after my death.
Fourth: I give and bequeath to John McMurray O’Rouke my son (child of my divorced wife Mary O’Rouke) One Dollar to be paid out of my estate by my executor within six months after my death.
Fifth; I give and bequeath to my brother, J. J. O’Rouke One Dollar ($1.00) to be paid out of my estate by my executor within six months after my death.
Sixth; I give and bequeath to my brother, M. F. O’Rouke One Dollar ($1.00) to be paid out of my estate by my executor within six months after my death.
Seventh; I give and bequeath to my brother Charles O’Rouke One Dollar ($1.00) to be paid out of my estate, by my executor within six months after my death.
Eighth; I give and bequeath to my sister Maggie O’Rouke Ferry One Dollar ($1.00) to be paid out of my estate by my executor within six months after my death.
Ninth: I give and bequeath to my brother Fred O’Rouke One Dollar ($1.00) to be paid out of my estate by my executor, within six months after my death.
Tenth; I give and bequeath to my sister Mary O’Rouke Owens One Dollar ($1.00) to be paid out of my estate by my executor within six months after my death.
Eleventh; All the rest and residue of my estate, real personal and mixed, of which I shall die seized and possessed, or to which I shall be entitled at my decease. I give devise and bequeath, to be equally divided share and share alike between my beloved and honored mother Hannah Terresa O’Rouke, and father Charles Thomas O’Rouke.
Twelth; I do nominate and appoint my friend W. H. Cutcliff Jr., to be the executor of this my last will and testament, and should he refuse to act as executor. Then I ask that the County administrator perform the duties of executor.
In testimony whereof, I the said William R. O’Rouke have to this my last will and testament, subscribed my name and affixed my seal this 30th day of January, 1907.
[s/s] William R. O’Rourke
The writing contained on this page and other side was signed and sealed by the above name William R. O’Rouke and by him published and declared as being his last will and testament in the presence of us, who have hereunto subscribed our names as witnesses at his request, in his presence of each other.
This 20th day of January 1907.
[Signed] W. T. Stewart
[Signed] L. J. Cox
BILL OF COMPLAINT
Filed14 July 1910, stored in Box 8287, Case Folder 5566
John M. Haran, as guardian of John M. O’Rourke, minor
Complainant PENDING IN THE CHANCERT COURT
OF JEFFERSON COUNTY, ALABAMA
v.
Wm. H. Cutliff, Jr., as Executor of
Wm R. O’Rourke, deceased, et als
Defendants
To the Honorable A. H. Benners, Chancellor of said Court:
1. John M. Haran respectfully shows unto Your Honor that he is of the age of more than twenty-one years, and is a residence of the County of Jefferson and State of Alabama, and is the duly appointed and qualified guardian of the person and estate of John M. O’Rourke, who is a minor.
2. That the said William H. Cutliff, Jr., is the Executor of the estate of William O’Rourke, deceased…
3. That the administration of the estate… pending in the Probate Court of Jefferson County.
4. That the heirs, distributees and legatees…are as follows:
Mary Teresa O’Rourke Colvert [or Calvert] Daughter 21 Birmingham, AL
John McMurray O’Rourke son & Complainant 19 Birmingham, AL
J. J. O’Rourke brother over 21 Birmingham, AL
M. T. O’Rourke brother over 21 Birmingham, AL
Chas. O’Rourke brother over 21 Birmingham, AL
Maggie O’Rourke Ferry sister over 21 Birmingham, AL
Mary O’Rourke Owens sister over 21 Birmingham, AL
Fred O’Rourke brother over 21 Birmingham, AL
Hannah Teresa O’Rourke Mother over 21 Birmingham, AL
Chas. Thomas O’Rourke Father over 21 Birmingham, AL
Mary A. Vaughn divorced wife over 21 Birmingham, AL
5. …Mary A. Vaughn, formerly Mary A. O’Rourke, is the widow… and was duly divorced from him before his death, and has no share in the said estate of the said decedent.
6. …John M. O’Rourke is the only minor child of the said decedent, and he is entitled to all of the homestead exemptions allowed to the widow, and minor child, or children, or either of them of the said decedent under and by virtue of the laws of Alabama.
7. That the said decedent, at the time of his death, had no homestead exempt to him from levy and sale under process… section 4189 of the Code of Alabama… and is entitled to homestead exemption… shall conform to section 4196 of the Code of Alabama.
8. …decedent at the time of his death owned the following real estate situated in said State and County… as follows, to-wit:
Lots 9 to 14 in Block #12 in the survey of North Smithfield, Birmingham, Alabama.
The SW ¼ of the NE ¼ and the E ½ of the NW ¼ of S. 11, T. 18, 2 West.
9. There has been no final distribution of the said decedent’s estate…
10. Complainant further shows… that it is provided by law that under no circumstances shall the widow and minor children, or either of them be deprived of a homestead, or two thousand dollars in lieu thereof, if they or either of them apply therefor in the manner provided by section 4197 of the Code of Alabama before a final distribution of the said estate…
[Complaint asked that a writ of summons be served on the Defendants, and a sufficient part of the real estate be sold to set aside $2,000.00 for the Complainant’s use. Dated 5 July 1910. Cause was heard 5 January 1915, and Judge Benner ruled in the Complainant’s favor.]
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