Miles R. Barnes Deceased Estate of
Marion County Alabama, July 29, A.D. 1891
Know all men by these presents that I Miles R Barnes of the above State and County,
considering the uncertainty of my life and being of sound mind and memory do make, declare
and publish this my last will and testament. (First) I give and bequest unto my beloved
wife Margarett Lucrecia Barnes all of my land and stock, and the use and income of the
same her life time and at her death the ______ property to be sold and divided equally
among the heirs. (Sec) I give and bequeath unto Surrinie Adaline Barnes 39 5/9 acres on
the south side of SE ¼ frac Sec 24 T9 R16 also 17 7/9 acres of the South side of South
west ¼ of Sec 19 T9 R15 and also the appurtainances [sic] thereunto belonging.
(Third) I bequeath unto my daughter Angaline Roberson 17 7/9 acres, the north side of SE
fra ¼ S. 24 T9 R16, also 17 7/9 acrs [sic] off south end S 24 T9 R16, also 17 7/9 acres
of north end. SW ¼ of S19 T9 R15; to have at our deaths.
(Fourth) The balance and the remainder of my land to [be] equally divided among my 7
heirs. These lines are to run east and west and each share is divided as follows 35 5/9 of
an acres [sic] a piece in the frac E ½ S24 T9 R16 to be divided east and west. Also the
remainder of SW ¼ S19 T9 R15 to be equally divided among the 7 same heirs, and these
parcels of Land is [sic] to be No. each separately and the 7 same heirs is [sic] to draw
for their land. And all 9 of my heirs is [sic] to pay each their part of dividing their
land, and further expenses if there be any.
(Last) I appoint my son M. C. Barnes trustee and manager of my will.
In testimony where I have to this my last will contained on two sheets of paper I hereunto
sign my name and affix my seal.
Witness by S. M. Davis Miles R. Barnes
J. C. Hargett
The State of Alabama
Marion County I Jason P Ford Judge of Probate Court in and for said County do hereby
certify that the within instrument of writing has this day in said Court and before me as
the Judge whereof been duly proven to be the genuine last will and testament of Miles R
Barnes Deceased and that said will together with the proof thereof have been recorded in
my office in Book of Wills No (1) page 35.
In witness whereof I have hereunto set my hand and the seal of the said Court this the 6th
day of Feb 1894
Jason P. Ford (seal)
Judge of Probate
The State of Alabama
Marion County Probate Court
Petition of M C Barnes for the Probate of the will of M C [sic] Barnes Deceased
To the Hon Jason P Ford Judge of Probate Court, Marion County: The petition of the
undersigned M C Barnes respectfully represents unto your Honor that M C [sic] Barnes, who
was at the time of his death an inhabitant of this County departed this life at his
residence on or about the 26th day of October 1892, leaving assets in this State, and
leaving a last will and Testament, duly signed and published by him and attested by S M
Davis and J C Hargett. That your petitioner, as Executor verily believes is named in said
will as executor and does now herewith surrender said will to the Court and pray that
after proper proceeding, and proofs it may be probated and admitted of record as the true
last will and testament of said deceased. Your petitioner further represents that
Margarett Lucrecia Barnes is the widow of said Deceased and that the names, ages,
residences and condition of the next kin are as follows to wit: Martha Jane & her
husband T. J. Emerson, Angaline & her husband J. K. Robison, S. H. Barnes Z. F.
Barnes, residents of Marion County, and Mintie Levina & her husband John Wright. T B
Barnes, residents of Franklin County, and petitioner M C Barnes who resides at Rara Avis
Mississippi. L. L. Barnes who resides in Howard County Ark. all over twenty one years of
age and of sound mind, and Benjamin Avery, Grandson of decedent, and a minor resigning
[sic] with his father Grant Avery in Marion County. Your petitioner would further
represent that S M Davis & J C Hargett the said attesting witnesses be caused to
appear before your Honor and prove the execution of the above named will, and therefore
further prays that your honor will cause such orders decrees and proceedings to be had as
are necessary to have the same probated, and in duty bound he will ever _____
M C Barnes
The State of Alabama
Marion County M C Barnes being duly sworn deposes and says that the facts alleged in the
above petition are true, according to the best of his knowledge information and belief.
Subscribed and sworn to M. C. Barnes
Before me this 11 day of
November 1892
Jason P Ford
Judge Probate Court Marion County
The State of Alabama
Marion County Probate Court Special Term Nov. 16th 1893
To B R Fite Esq. Take notice. That by an order of this Court this day made and entered,
you were appointed to act as Guardian adlitum for Benjamin Avery Jr Grandson of Decedent
and minor heir of M A Avery deceased to represent and protect his interest upon the
hearing of the application of M C Barnes to have probated the last will & testament of
Miles R Barnes Dec'd.
Given under my hand this 16th day of Nov. 1893.
Jason P. Ford
Judge of Probate
I hereby accept the appointment of Guardian Adlitum for Benjamin Avery Jr. deceased, to
represent and protect his interest upon the hearing of the above application and hereby
contest said application.
Witness my hand this 16th day of Nov. 1893
B R Fite
Guardian Adlitum
The State of Alabama
Marion County Probate Court 16 day of Nov. 1893
This day came M C Barnes and produced to the Court a paper purporting to be the last will
and testament of Miles R Barnes Deseased [sic], and moves the Court to admit the said will
to probate, and to issue letters testamentry, under said will to the said M C Barnes as
Executor. It is therefore ordered that a citation issue to M L Wright & her husband
John Wright and B R Fite Guardian Adlitum for Benjamin Avery Jr. to be and appear before
this Court on the 20 day of December 1893, and show if anything they have to allege why
said will should not be admitted to Probate and Letters thereunder issue to the said M C
Barnes.
Jason P. Ford
Judge of Probate
The State of Alabama
Marion County Probate Court 16 day of Nov 1893
This day came M. C. Barnes and produced to the Court a paper purporting to be the last
will and testament of Miles R Barnes Deceased, and moves the Court to admit the said will
to Probate, and to issue letters testamentary, under said will to the said M. C. Barnes as
esecfutor. It is therefore ordered that a citation issue to B. R. Fite Guardian ad Litum
for Benjamin Avery Jr to be and to appear before this Court on the 20 day of December
1893, and show, if any thin they have to allege, why said will should not be admitted to
probate, and letters thereunder issue to the said M. C. Barnes
Jason P. Ford
Judge of Probate
Received in office Nov 16th 1893
W. W. Hall, Shff
Executed on B. R. Fite Nov 18th 1893
W W Hall, Shff
The State of Alabama
Marion County Probate Court 16 day of Nov 1893
This day came M. C. Barnes and produced to the Court a paper purporting to be the last
will and testament of Miles R Barnes, deceased, and moves the Court to admit the said will
to Probate, and to issue letters testamentary under said will to the said M C Barnes as
executor. It is therefore ordered that a citation issue to M L Wright & her husband
John Wright to be and to appear before this Court, on the 20 day of Dec 1893, and show, if
any thing they have to allege why said will should not be admitted to Probate, and letters
thereunder issue to the said M C Barnes
Executed in full this the 11 day of Jason P Ford
Dec 1893. W. S. Wilson Sheriff Judge of Probate
C. M. Malone D
State of Alabama
Marion County We the undersigned heirs of M R Barnes Deceased hereby agree that the will
made by said M R Barnes on the 29th day of July 1891, and attested by S M Davis and J C
Hargett may be Probated and M C Barnes appointed executor thereof without any notice being
given us. Z. F. Barnes
S. A. Barnes
M. C. Barnes
M. J. Emerson
N. A. Robison
Dr. T. B. Barnes
Margarett L Barnes
The State of Alabama
Marion County Probate Court
To any Sheriff of the State of Alabama Greeting:
You are hereby commanded, without delay to summon S M Davis and J C Hargett personally to
be and appear before me the Judge of the Probate Court of Marion at my office, on the 20th
day of December 1893 then and there to testify of the truth to speak in the matter of the
Probating of the last will and testament of Miles R Barnes Deceased. And have you then and
there this writ with your endorsement shown in what manner you have executed the same.
Witness Jason P. Ford, Judge of the Probate Court for Marion County this 16th day of Nov
1893.
Jason P Ford
Judge of Probate
The State of Alabama
Marion Co Probate Court, Special Term Nov 16 1893
In Reg. Miles R Barnes, Deceased.
To L. L. Barnes: You will take notice that an application has been filed in this office by
M C Barnes to have a paper purporting to be the Last Will and Testament of Miles R Barnes
probated, and February 2nd 1894 is the day sit [sic] for hearing the same. You are
therefore hereby commanded to appear before me at my office on said day and contest said
application if you think proper.
Jason P Ford
Judge of Probate
The State of Alabama
Marion County Before me Jason P Ford Judge of Probate, personally appeared J. S. Clements,
who, being duly sworn, doth depose and say that he is publisher of the Hamilton Free
Press, a weekly newspaper published in the town of Hamilton, State and County aforesaid
and that a certain advertisement (a true copy of which is hereunto attached), has been
published in said news paper for 3 consecutive weeks from the 2nd day of February 1894,
and that there is no agreement between Publisher and Editor, and that the actual and
lowest cost of said advertisement is Three & 60/100 Dollars, due and unpaid.
J S Clements
Publisher Hamilton Free Press
Sworn to and subscribed before me this 2 day of February 1894.
Jason P Ford
Judge of Probate
The State of Alabama
Marion County Probate Court
In the matter of the application of M. C. Barnes to Probate the Will of Miles R Barnes
Deceased
This being the day heretofore set by the order of this Court for appearing the application
above mentioned and it appearing to the Court that Margaret Lucretia Barnes the widow of
Deceased, and Martha J & her husband T J Emerson, N A & her husband J. K.
Robison[,] S A Barnes, Z F Barnes[,] T B Barnes & M C Barnes have each waived notice
of this application said waiver being in writing & on file in this Court and that M L
Wright & her husband John Wright and B R Fite Guardian ad Litum for Benjamin Avery the
only minor concerned in this proceedings [sic] and next kin have had ten days notice on
said application and day of hearing, by citation served upon them, and that L. L. Barnes
non resident of this State, being brought into Court by publication of the day of hearing
said application and the nature whereof, for three successive weeks before this day, in
the Hamilton Free Press, a newspaper published in said County, thereupon S M Davis and J C
Hargett the subscribing witnesses to the instrument purporting to be the last will and
testament of Miles R Barnes Deceased, being duly called and duly sworn, deposeth and saith
that each of them is a subscribing witness to the instrument of writing now shown to them,
and which purports to be the last will and testament of Miles R Barnes Deceased, late an
inhabitant of Marion County Alabama. That Miles R Barnes since deceased, signed and
executed said instrument on the day the same bears date, and declared the same to be his
last will and testament and that affiants respectively set their signatures there to 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 and disposing memory and in the opinion of
deponents fully capable of making his will at the time the same was made, as aforesaid
that said testator was on the day of the date and making of said will of the full age of
twenty one years and upwards.
S M Davis
J C Hargett
Sworn to and subscribed to before me this 6th day of February 1894
Jason P Ford
Probate Judge
Miles R Barnes Deceased
In the matter of the Probate Probate Court
Of his last will ant testament Feb 6th 1894
This day having been regularly appointed for hearing the application of M C Barmes, which
was heretofore filed in this Court for the Probate of an instrument of writing purporting
to be the last will and testament of said deceased. Now comes the said applicant and also
comes B R Fite Esq who was heretofore duly appointed by the order of this Court and now
consents to act as the Guardian ad Litum for Benjamin Avery who is an heir of said
deceased and it appearing to the satisfaction of the Court that the notice of the said
application and of the time appointed for hearing the same has been given in pursuance of
law and in strict accordance with the former order of this Court made and entered in the
_____ on the 16th day of Nov 1893 by publication once a week for three consecutive weeks
in the Hamilton Free Press a newspaper published in said County and by citations
personally served as directed in said former order. Now on motion of said M C Barnes the
Court proceeds to hear said application. And it being made to appear to the satisfaction
of the court by due proof that said______ from the testimony of S M Davis and J C Hargett,
that they on the date whereof in the presence of the testator and at his request
respectfully signeth the said instrument as subscribing witnesses to the same, the said
testator then declaring that said instrument constituted his lasst will, and it being also
shown by satisfactory proof that said testator was of the full age of twenty one years and
upwards at the time of making said will. It seems to the Court that said application
should be granted. It is therefore ordered adjudged and decreed by the Court that said
Will of said Miles R Barnes Deceased be received, and the same is here by declared to be
duly proven as the last will and testament of decedent, and as such admitted to probate,
to be recorded together with the proof thereof and all other papers on file relating to
this [sic] proceedings. It is further ordered that said applicants pay the costs of this
[sic] proceedings.
Jason P Ford
Judge of Probate
Copy of will
contributed by Jerry Duncan |