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Nuncupative Will

Alice F. Stubbs

 

Nuncupative Will

Alice F. Stubbs

 

Georgia Wilcox County

To the honorable the Court of Ordinary of said County and the Hon. J.M. Warren Ordinary.

1st 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.

Interest in grocery business of Fuller & Co. Abbeville, Ga                                 $500.

470 acres of lot of land no 36 in 1st district Wilcox C. Ga.                                   750.

490 acres of lot of land no 38 in 1st district Wilcox Co. Ga                                  500.

Dwelling house and lot and Store house in Abbeville, Ga                                   1000.

7 acres in Abbeville near Johnson Old Mill site west of Bluff Creek                       75.

21 Acres at Half Moon Bluff on Ocmulgee River in Wilcox Co. Ga                     175. 

Household goods & kitchen Furniture & all good in dwelling                               275.

4 mules and one horse                                                                                         450.

Corn fodder etc. to run 4 horse farm                                                                    250.

65 head of cattle                                                                                                  325.

1 Buggy & 1 Wagon (old)                                                                                    50.

Farming tools                                                                                                        25.

10 Hogs                                                                                                               15.

4 Ponchos money notes of Frank Gibbs for 100 acres of land

one note for $50. one for $100. one of $100. one for $150. said notes

due Oct. 15th 1905.                                                                                            $400.

                                                                                                                        $4790.

 

Liabilities.

Due Nov. 1st 1902 on Lot of land no 38 in 1st district                                      $324.

Now due on Half Moon property                                                                          75.

                                                                                                                        $399.

           

 

2nd 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.

 

3rd 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.

 

4th 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.

 

5th 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.

 

6th 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.

 

7th 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.

 

8th Petitioner further prays that service may be made upon said minors and a guardian ad item be appointed for them as required by law.

 

9th 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.

C.R. Warren

Petitionerís atty

 

Georgia Wilcox County

Personally 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.

R.E. Stubbs

Sworn to and subscribed before me

This Jan. 6th 1902

J.M. Warren Ordinary

 

Georgia Wilcox County

In re petition of R.E. Stubbs for probate in Solemn form of the nuncupative will of Alice F. Stubbs January Term Court of Ordinary 1902.

The 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 issue.

J.M. Warren Ordinary

 

Georgia Wilcox County

In re 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.

Wilborn Fuller

 

Georgia Wilcox County

In re petition of R. E. Stubbs for probate in solemn form of the nuncupative will of Alice F. Stubbs.

Court of the Ordinary January term 1902.

It 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.

 

Citation

Georgia Wilcox County

In re petition of R.E. Stubbs for probate in solemn form of the nuncupative will of Alice F. Stubbs Court of Ordinary January term 1902.

Whereas R. 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.

In witness whereof I have hereunto set my hand and official signature this January 6th 1902.

J. M. Warren

Ordinary

 

Georgia Wilcox County:

Service of copy of the above citation acknowledged this Jan. 22nd 1900.

Wilborn Fuller

Guardian ad litem

For Emma Lou Stubbs, Martha Grace Stubbs, Alice Eone Stubbs and Elizabeth Fuller Stubbs, minor heirs of Alice F. Stubbs deceased.

 

Georgia Wilcox County:

We the 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.

L.E. Shepherd

M.A. Pittman

R.E. Stubbs

Given under our hands in presence of A. N. Jennings Notary Public W.C. Nov. 23, 1901

 

Georgia Wilcox County

I do 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.

R. E. Stubbs

Sworn to and subscribed before me

This Feby 3rd 1904

J.M. Warren Ordinary

 

 

Source: Will Book 1858-1957

Film No. 271348

transcribed by Janet Moore
to provide free research
to Wilcox County families.
 
 

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