Original Recored - Probate

Josiah Higgins' Will

Contributed 4 Sep 2002
by  Glenda Cox

Lauderdale County, Alabama
Estate Packet # 1012 - Josiah Higgins

          Know all men by these presents that I Josiah Higgins a Citizen of 
          Lauderdale County Alabama, being in feble health but of sound mind
          and disposing memory and knowing the uncertainty of human life, and
          wishing to make some disposition of my property both Real and 
          personal do make and and [sic] constitute this my last Will and 
          Testament, hereby revoking all former Wills by me at any time 
          heretofore made.
1st     I hereby Appoint my Two Sons d. b. Higgins and Richard Higgins my
          Executors and having full confidence in Their integrity, desire that they be 
          not required to give bond as Executors
2nd    I disire at my death that all my Real Estate of whatever it may consist be
          Sold to the highest bidder for cash after giving Legal Notice of time and 
          place of Sale also that all my personal property at my Death be sold in the 
          same Terms and after paying all Court and other expenses out of 
          proceeds of Sales the balance be disbursed as follows viz,  That my wife 
          Kate B Higgins Receive from Executors the sum of Five dollars ($5.00).  
          The balance whatever it may be I will to be divided equally between my 
          Several children Calvin Higgins, Katharine Parker, Martha J. Lindsey, 
          Izillar Simons, Margaret Hairell, d. B. Higgins, Richard Higgins and 
          Elender E. Tune.
          Signed in the presence of the following Witnesses, who after hearing
          this Will read signed it as Witnesses in my presence and in the 
          presence of each other, Waterloo Alabama October the thirteenth 
          A. D. 1890
          Witnesses                                                      his
          Hiram Richardson                             Josiah   X   Higgins
          John W. Haynes                                           mark

The State of Alabma.                               Probate Court.
Lauderdale County.                                 December 15th 1890.
Before me, J. J. Mitchell, Judge of the Probate Court in and for the State 
and county aforesaid, personally appeared John w. Haynes, one of the 
subscribing witnesses to the paper heretofore filed in this Court, purporting
to be the last will and testament of Josiah Higgins, deceased, who being by me
duly sworn upon his oath says that the paper here now shown him and hereto 
attached purporting to be the last will and testament of Josiah Higgins, 
deceased, was signed by said Josiah Higgins on the day the same bears date in
his presence and in the presence of Hiram Richardson the other subscribing 
witness; that they signed the same as subscribing witnesses in the presence of
said Josiah Higgins and at his request and in the presence of each other; that
said paper was declared and published by said Josiah Higgins as his last will 
and testament and so understood by them all; that said Josiah Higgins at the 
time of signing said paper was of sound mind and disposing memory and over the 
age of twenty one years of and a resident citizen of said County. That said 
Josiah Higgins departed this life more than fifteen days prior to this date.
                                          John W. Haynes
Sworn to and subscribed before me
this the 15th day of December 1890

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