Will of Isaac Parker
Adm. Rec. I, 1858-1865, p. 13 - 16
The State of Alabama
To the Honorable Jackson Gardner Judge of Probate within and for said County. The petition of George W. Howard respectfully represents unto your Honor that the late Isaac Parker who was an inhabitant of Bibb County Alabama at the time of his death departed this life on the 5th day of December A.D. 1858 leaving a last will and testament duly signed and published by him & attested by R. M. Ilvain and A. R. P. Conwill who reside in said county of Bibb and also attested by John W. Caddell who resides in the County of Houston & State of Texas in which your petitioner as he verily believes is named as executor thereof which said will is herewith produced to your Honor and propounded for Probate & record in your Honors Court. Your petitioner further states that the widow of said decedent is Mrs. Mary Parker of full age & a resident of Bibb County Alabama & that the next of kin of said decedent are his children-Towit-
1st Isaac Parker of full age & a resident of Bibb County Alabama
2nd Thomas Parker of full age & a resident of Bib County Alabama
3rd Henry Parker of full age & a resident of Bibb County Alabama
4th Edmond Parker of full age & a resident of the County of Tuskaloosa Ala
5th Howard Parker of full age & a resident of the county of Fannin & State of Texas
6th Ruth Elam who is a daughter of said deceased & wife of Hiram Elam & both of full age & both residents of Bibb County Alabama
7th Sarah James who is a daughter of said deceased & wife of Daniel M. James & both of full age & both residents of Bibb County Ala.
8th Caroline Yancy who is a daughter of said deceased & wife of James T. Yancy & both residents of Bibb County Ala.
And the following Grandchild.
9th Towit: William H. Parker a minor under the age of fourteen years who is a son of one Reuben Parker deceased who was a son of the said Isaac Parker deceased the said William H. Parker is now residing with one William Blocker in the County of Tuskaloosa & State of Alabama as your Petitioner has been informed and believes.
In consideration of all of which your petitioner prays that a day may be set for hearing of the matter of this petition that subpoenas may be issued to bring in said subscribing witnesses to testify on such appointed day-that due notice of this application may be given to the said widdow & next of kin of said deceased & that such other proceedings orders & decrees may be had & made in the premises as may be requisite & proper to effect the Probate & record of said will according to law. And as in duty bound will --- pray
George W. Howard by his Attorney.
The State of Alabama
Personally appeared before me Jackson Gardner Judge of Probate of said County, George W. Howard who being by me first duly sworn says on oath that the facts & statements in the foregoing Petition are true to the best of his information & belief.
Subscribed & sworn to, December 13 1858.
Jackson Gardner George W. Howard
Judge of Probate
The State of Alabama
In the Probate Court of said County.
In the matter of the Probate of the last will & testament of Isaac Parker deceased.
Before me Jackson Gardner Judge of the said Probate Court personally appeared in open Court Robert McIlwain & Allen R. P. Conwill who having been by me first respectfully duly sworn & examined did & do depose & say on oath that they are each subscribing witnesses to the instrument of writing now shown to them & which purports to be the last will & testament of Isaac Parker deceased late an inhabitant of Bibb County Alabama, that said Isaac Parker since deceased, signed, executed, said instrument on the day the same bears Date & 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 & disposing memory & in the opinion of deponants fully capable of making his will, at the time the Same was so made as aforesaid-Affiants further state that said testator was on the day of the said date of said will of the full age of twenty one years & upwards.
Subscribed & sworn to before me this 10th day of January 1859.
Jackson Gardner R. McIlwain
Judge of Probate A. R. P. Conwill
In the name of the Benevolent Father of all I Isaac Parker of the County of Bibb and State of Alabama do make and publish this my last will and testament.
Item first-I give and bequeath to my beloved wife Mary Parker, during her lifetime only, all my property-both real and personal to be used by her for her support and maintainance after her death to inure to those of my children and Grandchildren hereinafter named in the manner following
Item second-After giving to my son Isaac Parker Junior one Hundred Dollars extra or more than any of the other heirs, it is my wish and desire that my children (with the exception of Ruth the wife of Hiram Elam who is not to have, or receive any share or part of my estate) take of my estate share and share alike of both the realty & personalty.
Item third-It is my wish and desire that my daughter Caroline Yancy have the house and lot in Centreville Bibb Ala. Whereon James T. Yancy now lives to inure to her and the lawful heirs of her body. I consider said house and lot worth Two Hundred and Eighty Dollars and it is my will that after the death of my wife that my daughter Caroline receive Two Hundred and Eighty Dolars less than the other heirs or her equal part; on account of having received said house & lot as an advancement and that her share, after said deduction of Two Hundred and Eighty Dollars, inure to her and the lawful heirs of her body.
Item fourth-It is my will that the full and entire share of my son Edmond Parker descend to the lawful heirs of his body and that the same be so managed by my executor that my said son Edmond cannot squander or waste said portion of my estate-but that the same may inure to the venefit of said Edmond's children forever.
Item fifth-It is my will and desire that should my wife die before my two grandchildren William H. Parker and Sarah Parker, son and daughter of my son Reubin Parker, now deceased, attain to the age of twenty one, or marry that Daniel M. James and Isaac Parker Junior have each of them of their four hundred Dollars out of my estate to be kept by them without Interest for the benefit of the said William H. Parker and Sarah Parker and to be paid over to my said grandchildren as soon as they marry or become of age.
But should my wife not die before my two grandchildren aforesaid become of age or marry then and in that case it is my will and desire that after her death shall take place and my entire estate disposed of according to this my last will and testament, that the said two grandchildren receive from my executor the sum of four hundred dollars each, as their full portion as heirs of my estate.
Item sixth-After the death of my wife I wish my estate so disposed of as may best carry out this my last will and testament.
Item seventh-I nominate Geo. W. Howard my Executor.
In testimony whereof I have hereunto set my hand and seal this 8th day of May 1852.
A.R. P. Conwill
John W. Caddell
List of heirs as of 2 Mar 1867
The following is a correct list of the heirs of said estate to wit
1. Henry Parker, son of said deceased of full age and resident of Bibb County, Alabama
2. Isaac Parker, son of said deceased of full age and resident of Bibb County, Alabama
3. Thomas Parker son of said deceased of full age and resident of Bibb County, Alabama
4. Sarah James wife of Daniel M. James and daughter of said deceased of full age and resident of Bibb County, Ala.
5. Caroline Yancy wife of Jas T. Yancy and daughter of said deceased of full age and resident of Monroe County, Mississippi
6. William H. Parker son of Reuben Parker deceased who was a son of Isaac Parker Sr decd minor under twenty one years of age and resides in Perry County Alabama
7. The children of Edmond Parker decd who was a son of Isaac Parker Sr decd to wit Mary A. Parker George A. Parker Minerva L. Parker, and Sarah L/T Parker all minors and residents of ___ County, Texas
8. The children of Howard Parker decd to wit Lucinda Parker, Philip Parker and Theresa Parker all minors under twenty one years of age and reside in Fanning County, Texas.
George W. Howard