J. Hugh LeBaron
100 South Rosebud Lane
Starkville, MS 39759
The State of Alabama} Know all men by these presents that I, William Mills, of the State and County
Coosa County } aforesaid, farmer, being of sound disposing mind and memory, do make and
publish this my Last Will & Testament.
First, It is my wish that after all my debts are paid that my sons, William Mills & Mathew Mills, shall have a good farm or English education, also a horse and a saddle each, and a bed each.
Second, That my daughter, Anna Mills, on her marriage, have a bed.
Third, It is my Will, that the residue of my entire estate be spared and enjoyed by my dear wife Nancy Mills during her natural life or her remaining single.
Fourth, After the death or marriage of my said wife, for my entire estate of personal & real property be divided between my heirs as follows, viz.
Fifth, First, after paying Mary Roberson one Dollar then my sons Hartwell Mills, Charley Mills, William Mills, Mathew Mills, daughters Anna Mills, Martha Ware, my heirs and distributees receive each a pro rata share of my said estate, to the above named children and their heirs. I leave and device respectively, to be divided in equal shares between them.
Sixth, Second, I ordain and appoint my son Charley Mills as executor of this my Last Will & Testament and on the death or inability of my son Charley Mills, then my son William Mills as executor of this my Last Will & Testament.
In testimony where of I have hereunto set my hand and seal and publish and de-clare this to be my Last Will & Testament in the presence of the witnesses named below this [8th] day of [July] in the year AD 1859.
William Mills Seal
For his Last Will & Testament, in presence of us who in his presence and in the presence of each other and at the request his request have herewith subscribed our names as witnesses.
Estate of William Mills, Deceased
The State of Ala-bama} Probate Court Vacation
Coosa County } August 25th 1859
In the matter of the Probate of the Will of William Mills, Deceased.
This day came Charles Mills and filed his petition in writing and under oath therewith producing and filing in this court an instrument of writing purporting to be the last will and testament of William Mills Deceased and praying for such orders and decrees as may be neces-sary and requisite for the due probate and record of said will in this court. And it appearing to the court that petitioner is one of the next of kin of said Deceased & Nancy Mills widow of de-ceased resides in this County & that the following heirs & distributees of said deceased live in this county. To wit, Charley Mills, William Mills, Ann Mills, all of whom are of Lawful age, and Mathew Marion Mills, who is a minor also residing in this county, Mary Roberson, wife of Charles Robeson who reside in Tallapoosa County in this State, & the following named heirs of said decedent who are non residents. To wit, Hartwell Mills & Martha Mills, wife of Robert G. Ware.
It is, therefore, ordered
That the fourth Monday in September next be, and the same is hereby appointed, a day for hearing Testimony in proof of said instrument as such will.
That M. Peavy & A. Roberson be subpoenaed to be and appear on said day in and before this court to testify and give evidence of and concerning all and any facts, touching said will or its validity.
That the widow & heirs of said deceased residing in this State be notified of this proceeding and of the day above set for hearing the matter by citation to be served on them personally ten days before the hearing thereof.
That said Hartwell Mills & Martha Ware, wife of Robert G. Ware, be notified and brought in as a party to this proceeding by publication in this County.
A. A. McMillan, Judge
The State of Alabama } Probate Court of Said County
Coosa County }
In the matter of the probate of the Last Will & Testament of William Mills, Dec'd.
Before me, A. A. McMillan, Judge of Probate in & for said County, personally appeared in open court Allen Roberson who having been by me first duly sworn and examined, did & doth depose & say, on oath, that he is a subscribing witness to the instrument of writing now shown him and which purports to be the Last Will & Testament of William Mills, deceased, late an inhabitants of this County. That said William Mills signed and executed said instrument on the 8th day of July AD 1859 and declared the same to be his last Will & Testament and that affi-ant set his signature thereunto on said 8th day of July AD 1859 as a subscribing witness the same in the presence of said Testator. That said Testator was of sound and disposing mind and memory and in the opinion of deponent fully capable of making his will at the time the same was so made as aforesaid. Affiant further states that said Testator was on said 8th day of July AD 1859 of the full age of twenty-one years & upwards.
Sworn to and subscribed before me Allen Roberson this 1st day of October 1859
A. A. McMillan
Judge of Probate
Filed in office this 25th day of August 1859
A. A. McMillan
Judge of Probate
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