Henry T. Eatman Will
Will of Henry T Eatman
Will Book C (1842-1864), Greene County, Alabama
Pages 593-595
In the matter of probating the Will of Henry Eatman
October 10th 1859
This being the time set for hearing the application of
Thomas Eatman in relation to the probating of a certain Instrument of
writing filed and propounded by him as the will of Henry Eatman deceased.
The case being called came the proponent by his counsel W. P. Webb Esq. and also
came A S & Mary A Seymore by their Counsel T C Clark Esq. and it appearing to
the Court that the ten days notice of the filing of said application and of the
filing of said instrument of writing purporting to be the last Will and
testament of the said Henry Eatman deceased and of the time set for taking the
proof thereto and of considering the matter had been given to all of the Heirs
at Laws of the said Henry Eatman deceased to wit Mourning Eatman the
widow of decedent A. S. Seymore and his wife Mary H Madison M
Eatman and Henderson H Eatman all of who are of lawful age and
residing the State of Alabama and to Isabella J Eatman, Frances Eatman,
Augustus H W? Eatman and Thomas H Eatman minors and to their
Guardian ad litem and to the person with whom they live by citation executed on
them the Court proceeded to consider said application and said instrument of
writing on the testimony of John W Scarborough one of the witnesses to said
instrument of writing in attendance which said testimony is reduced to writing
and after due consideration it is ordered, adjudged and decreed by the Court
that the said Instrument of writing bearing date the ___ day of 1856 signed
Henry Eatman and witnessed by William S Price and John W Scarborough one of the
subscribing witnesses to said will
Henry Eatmans Will
The last Will & testament of Henry Eatman of Greene Co.,
Alabama April 12th 1856
I Henry Eatman being of sound mind & disposing memory do
make & publish this my last will & testament
I.
I give to my beloved wife Mourning Eatman my negroe boy Joseph (or
Joe) my negroe woman Charity and her infant; and all the future increase of said
Charity, to be born after the date of this will.
II.
I desire all the remainder of my property real & personal to be sold and
equally divided among my said wife Mourning Eatman and my children Madison M:
Anderson (sic) H: Isabella J: Frances: Augustus H W: share and share alike.
III.
If my wife or either of my above named children shall die before said
division the share of the one so dying shall remain in the general fund to be
divided as a part of said general fund unless the one so dying be one of my
above named children who leaves issue on his or her death, in which case such
issue shall take the share of its ancestor.
IV.
I desire my Executor to advertise and sell said property for cash or on credit without applying to the court of probate for any order to do so and to
execute deeds & bills of sale for the same on the payment of the purchase money.
V.
My daughter Mary H has left my home clandestinely and is supposed
to be married to one A S Seymore. She has disregarded my wishes, which were for
her own good. She has chosen her lot & she must abide by it. I desire that my
Executor out of any monies that may come to hand to pay to said Mary H. the sum
of one dollar, which is to be understood as her full share of my Estate under
this will
VI.
The negroes given to my wife in clause first are given to her absolutely,
and in addition to the share she takes under clause Second.
VIII.
I appoint my brother Thomas Eatman my Executor;
(note
there is no section VII, original marked as VIII)
In testimony whereof I have
hereunto set my hand and seal this ____ day of ____ 1856
Henry Eatman
Signed by the said Henry Eatman
in our presence & by us in his presence on the above date & by him declared to
be his last will
Wm S Price
John W Scarborough
State of Alabama
Greene County
Probate Court October 10th
1859
The testimony of John W
Scarborough taken in open court by W C Oliver Judge of the Probate Court of said
County in the matter of the probating of the Will of Henry Eatman Decd, late of
Greene Co., Ala (said Jno W Scarborough being one of the subscribing witnesses
to the Will propounded) who being first duly sworn by the court on oath saith as
follows to wit
I was acquainted with Henry
Eatman in his life time he was a resident of and died in Greene Go Alabama at
his residence on the 7th day of September A. C. 1859 at the time of
his death he was about fifty years of age, the paper now shown me by the Court
is the last Will & testament of Henry Eatman Deceased He executed the Same in
my presence and in the presence of the other subscribing witness in April 1856.
the precise day I do not recollect and at this request William S Price and
myself (Jno W Scarborough) signed the same as witnesses in his presence & in the
presence of each other -- and the then & there d้class้ the paper or will now
before me to be his last will & testament at the time of making said Will he
was in the Town of Clinton and was about to start to the State of North
Carolina, was of sound & disposing mind & memory and was capable of making a
will I know of no other will of the said Henry Eatman nor do I know of any
reason why the same should not be admitted to probate
John W Scarborough
Taken down by me in open court
and sworn to & subscribed before me by Jno W Scarborough (known to me) on this
the 10th day of October AD 1859, witness my hand & seal of office
this the 10th Oct AD 1859
W C Oliver
Judge
|
