Will of McGilbie Finley, dated July 22, 1870

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Covington County, AL probate records.
[Pg.154]
Petition to Probate Will

State of Alabama
Covington County
In the Probate Court of said County
To the Hon. J.M. Robinson Jr., Judge of said Court. Your petitioner, Julia M. Thames, who is a resident of Red Level, Covington County, Ala and who is over the age of twenty one years, respectfully represents unto your Honor.
1st. That during the year 1885 McGilbie Finley departed this life in the County of Covington, State of Alabama, leaving a last will and testament wherein and whereby your petitioner as an heir of the body of Mary Johnson who was a daughter of the said decedent, was bequeathed a portion of his said estate and your petitioner now has an interest in said estate; that said will was attested by James [p.155] M.K. Little and C.S. Thomason, the said James Little is now dead but C.S. Thomasson is living and resides in Covington Co, Ala and your petitioner herewith produces to your Honor, and propounds for probate and record in this Court the said last will and testament of said decedent.
2nd. That said decedent was a married man and left his widow surviving him at his death but since that time and before the filing of this petition she has died. That the next of kin of decedent as far as known to your petitioner are as follows to wit: Martin Finley who resided in Conecuh County, Ala, George Finley who resides in Escambia County, Ala, Bluford Finley who resides in Covington Co, Ala, each of whom are sons of decedent and who are over twenty one years of age. Sarah Findley who is the widow of William Finley, a deceased son of said decedent and who is over the age of twenty one years and resides in Escambia Co., Alabama, John Franklin who is the surviving husband of Sealy Franklin, another child of decedent and who is over twenty one years of age and resides in Covington Co., Alabama, Julia M. Thames, wife of J.J. Thames and who is the petitioner, Dollie Mason, wife of Henry T. Mason, Caroline F. Mason, wife of W.W. Mason, each of who are over twenty one years of age and who reside in Covington County, Alabama and who are daughters of Mary Johnson, another deceased child of decedent. Also the following next of kin who are each over the age of twenty one years and who are surviving sons and daughters of deceased children of said McGilbie Finly, the decedent. George Finley, a son of William Finley and John Finlay, Jim Finly and George Finly, a son of Jack Finly. Will Franklin, Susan Smith, Jack Franklin, Mary Hogg, Riley Franklin, and Liza Hassell all whom reside in Covington Co., Ala. Winnie Purvis, Davis Finly and Martha Bush all of whom reside in Escambia County, Alabama. Ida McCreary, wife of Andrew McCreary, who resides in Conecuh Co., Alabama. John Finley, Will Finley, Sarah Ann Peoples, and Rabe Craker, all of whom reside in the State of Florida. John Finley, Riley Finley, Steve Finly, Jesse Finly, Lizzie Finly, Charlie Finly, Comer Harville, Lou Ann Dormant, Bunk Harvill, Dora Brackin, and Kate Howell all of whom reside in the State of Mississippi. The premises considered your petitioner prays that a day be set for the hearing [p. 156] of the petition and that due notice as required by law be given to the next of kin of said Decedent and that such proceedings, orders and decrees, may be had and made in the premises as may be requisite and proper to affect the due probate and recording of said will according to law.
J.M. Thames, petitioner
Sworn to and subscribed before this the 16 day of Dec. 1905.
J.M. Parker, J.P.
Filed in my office for record and recorded on the 18th day of Dec. 1905.
J.M. Robinson, Jr., Judge of Probate

Order Appointing a Day to Hear Petition:

Estate of McGilbie Finley, deceased.
In probate Court of Covington County, Ala
Dec. 18, 1905.
In the matter of the petition of Julia M. Thames to probate the last will and testament of said decedent. This day came Julia M. Thames and filed in this court her petition in writing and under oath praying the Court to admit to probate and record in this Court as and for the last will and testament of said McGilbie Finley, deceased, an instrument in writing purporting to be his last will and testament of said McGilbie Finley said petition is as follows to wit:

State of Alabama, Covington County
In Probate Court of said County.
To Hon. J.M. Robinson Jr. Judge of said Court.
Your petitioner Julia M. Thames who is a resident of Red Level, Alabama, County of Covington, and who is over the age of twenty one years respectfully represents unto your Honor
1st That during the year 1885 McGilbie Finley departed this life in the County of Covington and State of Alabama leaving last will and testament wherein and whereby your petitioner as an heir of the body of Mary Johnson who was a daughter of said decedent was bequeathed a portion of his estate and your petitioner now has an interest in said estate. That said will was attested by James M. K. Little and C.S. Thomasson. The said James M.K. Little is now dead, but C.S. Thomasson is living and resides in Covington County, Alabama and your petitioner herewith produces to your Honor and propounds for probate and record in this Court the said last will and testament of said decedent.
2nd The said decedent [p. 157] was a married man and left his widow surviving him at his death, but since that time and before filing this petition she has died. That the next of kin of decedent as far as known to petitioner are as follows to wit: Martin Finley who resides in Conecuh Co, Ala, George Finley who resides in Escambia County, Ala, Bluford Finley who resides in Covington County, Ala each of whom are sons of decedent and who are over twenty one years of age. Sarah Finley, who is the widow of William Finley a deceased son of decedent and who is over the age of twenty one years and who resides in Escambia county, Alabama, John Franklin who is the surviving husband of Sealy Franklin, another child of decedent, and who is over twenty one years of age and resides in Covington County, Alabama. Julia M. Thames, wife of J.J. Thames, and who is the petitioner, Dollie Mason, wife of Henry T. Mason, Caroline F. Mason, wife of W.W. Mason, each of whom are over twenty one years of age and who reside in Covington County, Alabama and who are daughters of Mary Johnson, another deceased child of decedent also the following next of kin who are each over the age of twenty one years and who are surviving sons and daughters of deceased children of said McGilbie Finly the decedent: George Finly, a son of William Finly, and John Finly, Jim Finly, and George Finley, a son of Jack Finley, also Will Franklin, Susan Smith, Jack Franklin, Mary Hogg, Riley Franklin, and Liza Hassell all of whom reside in Covington County, Alabama. Winnie Purvis, Davis Finly, and Martha Bush all of whom reside in Escambia County, Alabama. Ida McCrary, wife of Andrew McCrary, who resides in Conecuh Co, Ala. John Finly, Will Finly, Sarah Ann Peoples, Rabe Craker all of whom reside in the State of Florida. John Finly, Riley Finly, Steve Finly, Jesse Finly, Lizzie Finly, Charlie Finley, Comer Harvell, Lou Ann Dorman, Bunk Harvell, Dora Bracken, and Kate Howell all of whom reside in the state of Mississippi. The premises considered your petitioner prays that a day be set for hearing this petition and that due notice as required by law be given to the next of kin of the decedent and such other proceedings, orders and decrees be had and made in the premises as may be requisite and proper to effect the due probate and recording of said will according to law.
Sworn to and subscribed before me this the 16th day of Dec. 1905.
J.M. Parker, J.P.
J. M. Thames, Petitioner

[p. 158]
It is therefore ordered by the Court that the 11th day of Feby. 1906 be and the same is hereby appointed for the hearing of said petition above copied and that notice of the filing of said petition and of the day appointed for hearing of the same be given to each of the next of kin of said McGilbie Finley, deceased, named in said petition who are over twenty one years of age and reside in this State viz Bluford Finly, John Franklin, Dollie Mason, Caroline F. Mason, George Finly, John Finley, Jim Finly, George Finly, Will Franklin, Jack Franklin, Mary Hogg, Riley Franklin, and Liza Hassell and Susan Smith, all of whom reside in Covington Co, Alabama. George Finly, Sarah Finly, Winnie Purvis, Davis Finly and Martha Bush all of whom reside in Escambia County, Alabama. Martin Finly and Ida McCrary who each reside in Conecuh County, Alabama by notice thereof to be served on them as required by law at least ten days before the day set for said hearing, and that notice of the filing of the said petition and of the day appointed for hearing the same be given to each of the next of kin of the said McGilbie Finley who are nonresidents of this State viz. John Finly, Will Finly, Sarah Ann Peoples, and Rabe Craker all of whom reside in the state of Florida. John Finley, Riley Finley, Steve Finly, Jesse Finly, Lizzie Finly, Charlie Finly, Comer Harvell, Lou Ann Dormant, Bunk Harvill, Dora Braken, and Kate Howell, all of whom reside in the State of Mississippi by publication in the Andalusia News a weekly newspaper published in the County of Covington and State of Alabama once a week for three successive weeks. It is further ordered that subpoena be issued to C.S. Thomasson, the surviving witness to the execution of said will, requiring him to appear before this Court on said day to testify and give evidence of and concerning all and any facts touching the question of the validity of and instrument as such will.
J.M. Robinson Jr., Judge of Probate
Filed in this office and recorded 17 day of Dec. 1905
J.M. Robinson Jr., Judge of Probate

[p. 159]
Notice to Nonresidents

State of Ala. In the Probate Court of Covington County, Ala.
This the 18th day of Dec. 1905.
This day came Julia M. Thames and filed in this Court her petition together with a paper purporting to be the last will and testament of McGilbie Finly, deceased, late of this County and State, for Probate and record in this Court and it appearing from said petition that the following named persons who are the next of kin to the said McGilbie Finley, deceased, are nonresidents of this state to wit: John Finly, Will Finly, Sarah Ann Peoples, and Rabe Craker all of whom reside in the State of Florida and John Finly, Riley Finly, Steve Finly, Jesse Finly, Lizzie Finly, Charlie Finly, Comer Harvell, Lou Ann Dormant, Buck Harvell, Dora Bracken, and Kate Howell all of whom reside in the State of Miss. It is ordered by the Court that the 19th day of Feby. 1906 be set apart for the hearing of said petition and that notice thereof be given by publication for three successive weeks in the Andalusia News, a weekly newspaper published in said County and State, notifying all persons to be and appear before me on that day and contest said application if they think proper. Now therefore the above named nonresidents wherever they may reside are hereby notified of the filing of said petition and that the 19 day of February 1906 has been set for hearing the same on which day they may appear before this Court and contest the same if they desire to do so.
J.M. Robinson Jr., Judge of Probate

Petition to Martin Finly & Ida McCreary:
The State of Alabama
Covington County
Probate Court
Martin Finly and Ida McCreary
You will please take notice that on the 18th day of Dec. 1905 a certain paper in writing purporting to be the last will and testament of McGilbie Finley was filed in my office for probate by Julia M. Thames and that on the 19 day of Febry. 1906 was appointed a day for the hearing thereof at which time you can appear and contest the same if you see proper. Given under my hand this 21st day of Dec. 1905.
J.M. Robinson Jr., Judge of Probate
Received this 12 day of Feb 1906.
Executed by handing a copy to the within named parties.
This 13th Feby. 1906.
Alex T. Thames, N.P.

[p. 160]
Notice of day set for hearing of Probate of Will.
To Bluford Finly, John Franklin, Dollie Mason, Caroline F. Mason, George Finly, John Finly, Jim Finly, George Finly, Will Franklin, Susan Smith, Jack Franklin, Mary Hogg, Riley Franklin and Liza Hassell. You will please take notice that on the 18th day of Dec. 1905 a certain paper in writing purporting to be the Last Will and Testament of McGilbie Finly was filed in my office for Probate by Julia M. Thames and that the 19th day of Febry. 1906 was appointed a day for the hearing thereof at which time you can appear and contest the same if you see proper.
Given by my hand this 19th day of Dec. 1905.
J.M. Robinson Jr., Judge of Probate
Received in office Dec, 19, 1905.
J.S. Bradshaw, Shff.
Executed by leaving a copy of the within notice with each of the within named persons.
This the 24th day of Dec. 1905.
J.S. Bradshaw, Shff.

The State of Alabama
Covington County
Probate Court
To: Geo. Finly, Sarah R. Finly, Winnie Purvis, Davis Finly and Martha Bush. You will please take notice that on the 18th day of Dec. 1905 a certain paper in writing purporting to be the Last Will and Testament of McGilbie Finly was filed in my office for Probate by Julia M. Thames and that the 19th day of Febry. 1906 was appointed a day for the hearing thereof at which time you can appear and contest the same if you see proper.
Given by my hand this 19th day of Dec. 1905.
J.M. Robinson Jr., Judge of Probate
Executed by serving all the within named this the 27th day of Dec. 1905.
J.W. Raley, Shff.

[p. 161]
Citation to C.S. Thomason:

The State of Alabama
Covington County
Probate Court, Special Term, 1905, Dec. 19, 1905
To any Sheriff of the State of Ala-Greeting
You are hereby commanded to summon C. S. Thomasson to appear in and before the Probate Court of said County on the 19th day of Feby. 1906 to give evidence in a certain matter now pending in said Court wherein Julia M. Thames has filed for Probate an instrument in writing purporting to be the last will and testament of McGilbie Finly, deceased. And this you shall in no wise omit under the penalty prescribed by law therein fail not pass you this and there this writ at the office of the Judge of said Court.
Witness my hand at office this 19th day of Dec. 1905.
J.M. Robinson Jr., Judge of Probate

Testimony of C.S. Thomasson:

State of Alabama in the Probate Court of Covington County, Alabama.
In the matter of the Petition to Probate the last will and testament of McGilbie Finly, deceased, Comes into open Court C.S. Thomasson who on oath, to him duly administered, deposes and says My name is C.S. Thomasson. I am 69 years of age and reside in the County of Covington and State of Alabama. I knew McGilbie Finly for many years prior to his death, he died during the year 1885, he was an inhabitant of Covington County, Ala at the time of his death. On the 22nd day of July 1870 at his home in said County of Covington, Alabama the said McGilbie Finly in the presence of myself and one James M.K. Little, who is now dead, did cause the said James M.K. Little to write a will him the said McGilbie Finly he dictating the terms of the same as it was written and when the same was written out and read to him the said McGilbie Finley he did cause the said James M.K. Little, his McGilbie Finley's name thereto in writing which the said James M.K. Little did in my presence and his presence and by his directions put in writing the name and signature of McGilbie Finly to said will said James M. K. Little wrote it. McGilbie Finle and the said McGilbie Finly did thereupon affix his mark to said instrument and his signature as written thereto in the presence of myself and the said James M.K. Little and did declare the same to be his will and the said written instrument so written out and executed as aforesaid is the same instrument and writing [p. 162] that was propounded for probate and record on the 18th day of Dec. 1905 in this Court and is the same one that is shown to me for identification at the time of giving this testimony that at the time of signing and of dating the said instrument in writing the said McGilbie Finly was over the age of 21 years and was of sound mind and resided in Covington County, Alabama. He signed and executed the instrument at and for his last will and testament and at the same time and place I, J.S. Thomasson and the said James M.K. Little did sign our names to said instrument as attesting witnesses thereto at the request of said McGilbie Finly in his presence and in the presence of each other.
C.S. Thomasson
Sworn to and subscribed before me this 19 day of Feby. 1906.
J.M. Robinson Jr., Judge of Probate

Order Admitting Will to Probate:

Estate of McGilbie Finly Deceased
Probate Court Covington County, Ala
In the matter of the Petition to Probate the last will and testament of decedent. On the 18th day of December 1905 Julia M. Thames filed in this Court her petition in writing duly verified by affidavit praying the Court admit to Probate and record as and for the last will and testament of McGilbie Finly, Deceased an instrument in writing that purports to be his last will and testament and which was filed in this Court with the petition in this case and thereupon the Court appointed Monday the 195h day of Febry. 1906 for the hearing of said petition and on the same day notices of this filing of the petition in this case and of the day appointed by the Court for the hearing of the same were issued our of this Court to Martin Finly, George Finly, Bluford Finly, Sarah Finly, John Franklin, Dollie Mason, Caroline F. Mason, George Finly, John Finly, Jim Finly, George Finly, Will Franklin, Susan Smith, Jack Franklin, Mary Hogg, Riley Franklin, Liza Hassell, Winnie Purvis, Davis Finly, Martha Bush, Ida McCrary, John Finly, Will Finly, Sarah Ann Peoples, Rabe Craker, John Finly, Riley Finly, Steve Finly, Jesse Finly, Lizzie Finly, Charlie Finly, Comer Harvell, Lou Ann Dormant, Bunk Harvill, Dora Brackin and Kate Howell who are the heirs at law of said decedent.
[p. 163]
And now on this the 19th day of February 1906 it is shown to the satisfaction of the Court that the heirs at law of the said McGilbie Finly have been given notice of the filing of the petition in this case and of the day appointed for hearing the same by personal service upon those who reside in the State of Alabama and by publication in The Andalusia News weekly newspaper published in Andalusia, Covington Co., Alabama once a week for three successive weeks beginning on Dec. 21st, 1905 as to those who reside without the State of Alabama and the Court does now have said petition and it appearing to the satisfaction of the Court by the testimony of C. S. Thomasson a witness named in open Court that on the 22nd of July 1870 at his home in said Covington County and State of Alabama in the presence of C.S. Thomasson and James M.K. Little the last named person being now deceased the said decedent did cause his name to be signed in writing which was done in his presence and by his direction and did affix his mark thereto to the instrument in writing that purports to be his last will and testament and which was propounded for probate and record in this Court the 18th day of Dec. 1905 and that at the time of signing and executing the same the said McGilbie Finly was over that age of twenty one years and was of sound mind and that he signed and executed said instrument as and for his last will and testament and that at the time and place of signing and executing the said instrument C.S. Thomasson and James M.K. Little did sign their names to said instrument in writing the same being the last will and testament of McGilbie Finly as aforesaid as attesting witnesses thereto at the request of said McGilbie Finly and in his presence and in the presence of each other and that the said McGilbie Finly died during the year 1885 and that he was an inhabitant of Covington County, Ala at the time of his death. It is therefore ordered adjudged and decreed by the Court that the petition in the cause be and the same is hereby granted and that the instrument in writing which was propounded for Probate and record on the 18th day of December 1905 which purports to be the last will and testament of the said McGilbie Finly deceased which is dated the 22nd day of July 1870 and signed by the said McGilbie Finly, Deceased, with his name is written and spelled McGilbie Finle to said instrument and to which he affixed his mark and attested by the said C.S. Thomasson and James M.K.Little [p. 164] as witnesses be and the same is hereby declared to be the last will and testament of the said McGilbie Finly, deceased, and that it be and hereby is admitted to Probate and record in this Court as and for the last will and testament of the said McGilbie Finly, Deceased. It is further ordered that the last will and testament of the said McGilbie Finly, Dec'd, with the proof thereof be recorded in the Probate office of said County of Covington and State of Alabama.
This the 19th day of Febry. 1906.
J.M. Robinson Jr., Judge of Probate

Will of McGilbie Finly:

The State of Alabama
Covington County
In the name of God, Amen
I, McGilbie Finly, of the county of Covington and State of Alabama being advanced in life and knowing the certainty of death and being of sound body and mind do this day make and publish this as my last will and testament in revocation of all other wills made or signed by me.
1st. I hereby give and bequeath my soul to God who have it.
2nd. It is my will and desire that for and in consideration of the love and affection that I bear towards by beloved wife Sarah Finle I give and bequeath unto her at my death the following described property as follows: a certain tract or parcel of land known and distinguished as the Northeast quarter of the North West quarter of section 30 Township 5 Range 15 containing forty acres, more or less, lying on the west side of land above described and known as the land purchased from Elbert Howard. The branch known as the line of said land on the west, all of the land lying in the County of Covington, Alabama. And I further bequeath unto my wife Sarah Finle two cows and yearlings marked with a cross and hole in left ear, a swallowfork in the right ear together all their future increase. And I further give and bequeath unto my wife Sarah two sows and pigs marked in the same mark as the cows towit cross and hole in the left ear, swallowfork in the right ear together with all their future increase. And I further give and bequeath unto my wife Sarah one work steer and cart. The steer known as the steer I got from John A. Franklin. And I further give and bequeath unto my wife Sarah all the household and kitchen furniture that may belong to me at the time of my death, and I give unto my wife Sarah all the [p. 165] peas, potatoes, rice, meat and all other provisions that may be on hand at the time of my decease.
3rd. It is my will and desire for the love and affection that I bear towards my daughter Mary Johnson I give unto her and the heirs of her body the following described property towit: The North East quarter of the South west quarter and South East quarter of the North west quarter section 36 T.5 R.14 in the County of Covington, Ala and I further give and bequeath unto Mary Johnson and the heirs of her body one mare colt now in my possession.
4th. I give and bequeath unto John Finle, William Finle, Martin Finle, Bluford Finle, George Finle, Mahala Craker, Sealy Franklin, Martha Harvill, and the heirs of Riley Finly, Deceased, all being my lawful heirs all the other property that I may be possessed of at the time of my death both real and personal except that above given to my wife Sarah Finle, and my daughter Mary Johnson. Said division being made equal between all of said heirs as above directed. In testimony whereof I have hereunto set my hand and affix my seal in the presence of C.S. Thomasson and James M.K. Little on the 22nd day of July 1870.
McGilbie Finle (his mark)
We the undersigned McGilbie Finle signed his name and at his request witnessed the same.
C.S. Thomasson
James M.K. Little

State of Alabama
Covington County
I, J.M. Robinson Jr, Judge of Probate in and for said County do hereby certify that the written instrument of writing has this day in said Court and before me as the Judge thereof been duly proven to be the genuine last will and testament of McGilbie Finly, Deceased, and that said will together with the proof thereof has been recorded in my office in Book of Probate Minutes on page 164.
In witness thereof I have hereunto set my hand and seal of said Court.
This the 19th day of Feby. 1906.
J.M. Robinson Jr.
Judge of Probate