honorable the Court of Ordinary of said County and the Hon. J.M. Warren
The petition of R. E. Stubbs of said County respectfully shows that
Alice F. Stubbs a resident of said county wife of our petitioner on the
18th day of November 1901 departed this life owning the
following real and personal property.
grocery business of Fuller & Co. Abbeville, Ga
of lot of land no 36 in 1st district Wilcox C.
of lot of land no 38 in 1st district Wilcox Co. Ga
house and lot and Store house in Abbeville, Ga
7 acres in
Abbeville near Johnson Old Mill site west of Bluff Creek
21 Acres at
Half Moon Bluff on Ocmulgee River in Wilcox Co. Ga
goods & kitchen Furniture & all good in dwelling
4 mules and
etc. to run 4 horse
65 head of
1 Buggy & 1
money notes of Frank Gibbs for 100 acres of land
for $50. one for $100. one of $100. one for $150. said notes
due Oct. 15th
Due Nov. 1st
1902 on Lot of land no 38 in 1st
Now due on
That on Friday Nov. 15th 1901 during her last sickness the
said Alice F. Stubbs duly made a nuncupative will which your petitioner
(illegible word) was made according to law and which is hereto attached.
The said Will was reduced to writing within thirty days after speaking
of the same by the said Alice F. Stubbs and is now herewith offered for
probate within six months after her death.
The testatrix left as her sold surviving heirs at law the following
children, Emma Love age 8 years, Marsha Grass age five years, Alice Eone
three years and Elizabeth Fuller an infant of nine months old and
petitioner her husband.
That petitioner hereby renounced any and all interest that he has or may
have in her said property in favor of said four minor children.
That it was the wish and desire of testatrix as espoused in her said
will and upon various occasions prior to the making of the same that
petitioners should act as executor with full power to manage control
improve and dispose of said property in such way as would in his
judgment best serve the interest of testatrix said children above named
and secure for teach of them the best possible training education and
maintenance and that the testatrix relied during her life solely upon
petitionerís judgment and advice in all her act regarding said property
and desire him after her death to take her place in deeds and wishes so
often expressed to him during her life and that the words used by her
and recorded as her will (illegible words) of the fact and circumstances
surrounding her (illegible words) to give expression to this desire.
and petitioner desiring to prove said will as other wills are proved in
solemn form prays that he usual citation may issue requiring all persons
interested to be and appear at the July Term 1902 of the Court of
Ordinary of said County to hear the probate of said Nuncupative will and
contest the same if they so desire.
Petitioner further prays that service may be made upon said minors and a
guardian ad item be appointed for them as required by law.
Petitioner further prays that a judgment of the court may be rendered
setting up said will and construing the same as such and in said
petition and that letters testamentary may issue to your petitioners
authorizing him to take charge of said estate as trustee for his said
minor children and manage it as their said mother desired without the
expense of annual returns or other expenses save the Court of probate
and letters testamentary.
came R.E. Stubbs who being sworn say that to the best of his knowledge
and belief the Statement made in the foregoing petition are true.
and subscribed before me
This Jan. 6th
petition of R.E. Stubbs for probate in Solemn form of the nuncupative
will of Alice F. Stubbs January Term Court of Ordinary 1902.
foregoing petition read and considered ordered that Emma Lou Stubbs,
Martha Grace Ttubbs, Alice Eone, Stubbs and Elizabeth Fuller Stubbs to
be and appear before the Court of Ordinary to be held in and for said
State and County on the 1st Monday in Feby 1902. Let Citation
issue accordingly and they be personally proved ten days before said
term of this Court and it is further ordered that the usual Citation do
petition of R. E. Stubbs for probate in Solemn form of the nuncupative
will of Alice F. Stubbs I Wilborn Fuller of said state and County do
agree to serve as guardian ad litem for Emma Lou Stubbs, Martha Grace
Stubbs, Alice Eone Stubbs and Elizabeth Fuller Stubbs minor heir at law
of Alice F. Stubbs to represent said minors in said proceedings.
petition of R. E. Stubbs for probate in solemn form of the nuncupative
will of Alice F. Stubbs.
the Ordinary January term 1902.
appearing that Emma Lou Stubbs, Martha Grace Stubbs, Alice Eone Stubbs
and Elizabeth Fuller Stubbs minor heirs at law have been duly cited and
made parties to said case ordered that Wilborn Fuller who comes into
Court and signified his willingness to act be and he is appointed
guardian ad litem to represent said minors in said proceedings.
petition of R.E. Stubbs for probate in solemn form of the nuncupative
will of Alice F. Stubbs Court of Ordinary January term 1902.
E. Stubbs of said County claiming to be executor of the nuncupative will
of Alice F. Stubbs has filed said nuncupative will in my office for
probate at the regular term of the Court of Ordinary to be held for the
County of Wilcox on the first Monday in February 1902. You Emma Lou
Stubbs, Martha Grace Stubbs, Alice Eone Stubbs and Elizabeth Fuller
Stubbs minor heirs at law of Alice F. Stubbs deceased and Wilborn Fuller
guardian ad item of said minors and all other person who may be
interested in the same are hereby cited and summoned to be and appear at
the Orinaryís Office at the Court House of said County on the First
Monday in February 1902 then and there to attest the probate of said
nuncupative will to contest the same if you so desire.
whereof I have hereunto set my hand and official signature this January
copy of the above citation acknowledged this Jan. 22nd 1900.
Lou Stubbs, Martha Grace Stubbs, Alice Eone Stubbs and Elizabeth Fuller
Stubbs, minor heirs of Alice F. Stubbs deceased.
undersigned being present at the meeting of Alice F. Stubbs nuncupative
will at the last sickness of Alice F. Stubbs at her dwelling in said
County heard her dictate her will as follows: I want my children to have
my property You (speaking to R.E. Stubbs, her husband) take charge of it
for them and manage it like you have been doing, this was said by Alice
F. Stubbs after she had been told that there was no chance for her to
recover in answer to questioning asked by R.E. Stubbs as to the
disposition of her property on Friday morning Nov. 15th 1901
all of which on the Fifth ay after Alice F. Stubbs death was reduced to
writing and signed by us.
our hands in presence of A. N. Jennings Notary Public W.C. Nov. 23, 1901
solemnly swear that he above writing contains the true last will of
Alice F. Stubbs deceased so far as I know or believe and that I will
well and truly execute the ame in accordance with the laws of the State
so help me God.
and subscribed before me
This Feby 3rd