Will/Estate Record

Will of Lena R. Nave Chiles
(C. Avis Catalog entry #718)
(Document ID #78)


STATE OF ALABAMA)
JEFFERSON COUNTY)

    KNOW ALL MEN BY THESE PRESENTS:
    THAT I, Lena R. Chiles, of the City of Fairfield, Jefferson County, Alabama, being of sound and disposing mind and memory, do hereby make, publish and declare this My Last will and Testament, hereby revoking any and all other last Wills and Testaments by me heretofore made;

    1. I give, devise and bequeath unto my daughter, Sue Chiles Morris absolutely whatever motor car or cars I my own at the time of my death; also I give, devise and bequeath unto my said daughter, Sue Chiles Morris, all of my furniture, furnishings, household goods, wearing apparel and all of my jewelry, with the exception of one ring with three small diamonds, which I give, devise and bequeath to my granddaughter, Mary Morris. I also give, devise and bequeath unto my said daughter all of my silverware.

    2. I hereby nominated constitute and appoint, my son, David Ayers Chiles, my daughter, Sue Chiles Morris and Mr. W. G. Schuster as Trustees of my Estate under this, my Last will and Testament, subject to all the conditions and with all the powers and privileges hereinafter conferred upon them as such Trustees.

    3. With the exception if that portion of my property given, devised and bequeathed in Clause one of my will, all of my property, both real estate, personal property and mixed property which I own at the time of my death shall constitute a Trust Fund to be held and disposed of by my said Trustees herein named, or their successors in the Trust, in the manner hereinafter set forth and for such purposes, I hereby give, devise and bequeath unto the said David Ayers Chiles, Sue Chiles Morris, and W. G. Schuster as Trustees of my Estate, all of my property, both real estate; personal property and mixed property, with the exception of that part given, devised and bequeathed in Clause One.

    4. I give unto my said Trustees, David Ayers Chiles, Sue Chiles Morris and Mr. W. G. Schuster, full and complete power to administer all of my property in the same miner that I would be able to administer it personally without any legal restrictions placed by law upon the administration of Trust hands, except as herein noted.  Any time after three (3) years from the date of my death, my said Trustees shall have full power to make sale of any part or all of my property and to reinvest the same in real estate situated in the City of Birmingham, Alabama, First Mortgages on such real estate, or in the paid up stock of the Alabama Home Building and Loan Association or the mortgage certificates of the Alabama Home Mortgage Company of Birmingham, Alabama, and all such reinvestments shall be subject to the terms of this Trust in every way, it being my wish that some part of my Estate shall be kept invested in the stock of said The Alabama Home Building and Loan Association and in the mortgage certificates of the said Alabama Home Mortgage Company and whatever part is not so invested is to be kept invested in the first mortgages on or in the purchase of improved real estate situated in the City of Birmingham, Alabama. In the event of the death, incapacity or refusal to act of any my said Trustees herein named, the others of the Trustees shall have full power to my such vacancy or vacancies and in the event of the death, incapacity or refusal to act of all of my Trustees herein named, then the Judge of the Probate Court of Jefferson County, Alabama, shall have power to name and appoint trustees of this my Last will and Testament and when such appointment shall have been made and acceptance made by such appointees, they shall proceed to execute the terms of the Trust hereby created. If my Estate is administered by the Trustees herein named, or by as many as two of them, then, in such event,  the only bond which they shall give to the Probate Court shall be in the total sum of Ten Thousand ($10,000.) Dollars made by all of my Trustees acting as a unit.  But in the event that a majority of such Trustees herein named shall fail to act and others are named in their stead, then their bond shall be fixed at such an amount as the discretion of the Probate Court directs. The Trust herein and hereby created shall, in any event, last for a period of three (3) years after the  date of my death, and shall endure until Charles Dwight Chiles, Jr., son of my deceased son, Charles Dwight Chiles, reaches the age of twenty-one (21) years and in the event of his death, shall endure until his sister, Margaret Mooring Chiles, shall reach the age of twenty~one (21) years, or in the event of the death of both of them the Trust herein and hereby created, shall be executed and completed within a period of one (1) year after the death of the survivor of the said two children, Charles Dwight Chiles, Jr., and Margaret Mooring Chiles.  Any two of my said Trustees shall have full power to act instead of all three of them in any matter except the selling and conveying of real estate.

    5. My said Trustees shall dispose of my Estate constituting said Trust Fund in the manner followings:  They shall pay to my son, David Ayers Chiles, and his wife, Clara J. Chiles, share and share alike, one-third (1/3) thereof;  they shall pay to my daughter, Sue Chiles Morris, one-third (1/3) thereof, such payments to be made to the said David Ayers Chiles, Clara J. Chiles and Sue Chiles Morris at any time after three (3) years from the date of my death; the remaining one-third (1/3) of my estate, my said Trustees shall pay to Margaret Mooring Chiles and Charles Dwight Chiles Jr., share and share alike at any time after the younger of the two children shall have become twenty-one (21) years of age; and in the event of the death of either of them, such amount shall be paid to the survivor thereof. In the event of the death of both, the said Charles Dwight Chiles, Jr., and Margaret Mooring Chiles before they reached age or twenty-one (21) years, such part of my estate directed by my said Trustees to be paid to them shall revert to my estate and become the rest and residue thereof, and by my said Trustees shall be paid to said children, David Ayers Chiles, and Sue Chiles Morris;  and in the event of the death of either or both of them, one-half (1/2) of the rest and residue of my estate shall be paid to the heirs of the said David Ayers Chiles and  one-half (1/2) thereof to the heirs of the said Sue Chiles Morris, subject to the following;   My said Trustees shall have the privilege of using the income from my Estate for the education of and maintenance of my grandchildren to any extent that they may deed necessary, but without any requirements as to same, leaving this as a matter of their discretion, and judgment without being in any way a charge on the Estate.

    6. In the handling and distribution of Trust Funds, a receipt from any of said beneficiaries under the Trust for such portion or portions advanced or paid such beneficiaries shall be all the evidence required of such expenditure on the part of my send Trustees and my said Trustees shall not be required to make any other or further accounting for such funds so paid or distributed, but in no event shall the amount so paid and distributed exceed the net amount to which such beneficiary is entitled.

    7. My said Trustees for their service in acting as Trustees shall fix the amount of their own compensation, which amount shall be at least One Hundred Dollars ($100.00) per annum and not in excess of Three Hundred Dollars ($300.00) per annum each for the first three (3) years that they act as such Trustees and thereafter such compensation shall not exceed One Hundred Dollars ($100.00) per annum each.

    8. My Trustees shall be and act as Executors of my Estate and as such shall be exempt from giving any bond whatsoever except as herein before provided for, acting as much Trustees.

    IN WITNESS WHEREOF, I the said Lena R. Chiles have to this My Last Will and Testament subscribed my name and affixed my seal on this the 25th day of August, 1926.

            LENA R. CHILES (signed)           (SEAL)

Signed, sealed, published and declared by the said
Lena R. Chiles as her last will and Testament in the
presence of us as witnesses, who in the presence of
each other, and in her presence have hereunto
subscribed our names on the day, month year as
aforesaid.

Frances H. Glasgow
Lewis H. Bush
Ruth T. Bush

JMN

Will of Lillian Avis Baum
(C. Avis Catalog entry #32)
(Document ID #546)

Vol. 282  Page 99-100

LAST WILL AND TESTAMENT OF LILLIAN BAUM

STATE OF TEXAS    )
COUNTY OF WICHITA )

  KNOW ALL MEN BY THESE PRESENTS: That I, Lillian Baum, a widow, being of lawful age and of sound mind, do hereby make and publish this my last Will and Testament, hereby revoking all instruments of a testamentary nature which I have heretofore made. 
  I hereby appoint my brother, Jake Avis, as Executor of my estate 'to act without bond and without compensation.  
  I direct that no probate proceedings be had upon my estate other than the filing and probating of this Will.  
  I direct that the Maskat Gratuity (Masonic Policy) be paid to my Executor and used for my funeral expenses and the expenses of my last illness, if sufficient; otherwise said expenses shall be paid from my estate.  After my debts and said expenses are paid, I direct that the remainder of my estate be divided equally among my brother, Jake Avis; my sister, Ruby Dunkelberg; and my sister, Katie Lou Weeks, or divided equally among such of them as may survive me.

  IN TESTIMONY WHEREOF, I have hereunto signed my name and identified this instrument as my last Will and Testament in the presence of {Juanita Hanna} and {Vera Suggs} as my attesting witnesses, who, at my request and in my presence, and in the presence of each other, sign their names hereto on this October 25th, 1962.

{signed}
Lillian Baum, Testatrix

{signed}  Witness
{signed}  Witness


STATE OF TEXAS    )
COUNTY OF WICHITA )

  BEFORE ME, the undersigned authority, on this day personally appeared LILLIAN BAUM, and {Juanita Hanna} and {Vera Suggs}, known to me to be the testatrix and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, LILLIAN BAUM, the testatrix, declared to me and to the witnesses in my presence that said instrument is her last will and testament, and that she had willingly made and executed it as her free act and deed for the purposes therein expressed; and the witnesses, each on his oath stated to me, in the presence and hearing of the testatrix that the testatrix had declared to them that said instrument is her last will and testatment, and that she executed it as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the testatrix and at her request; that she was at that time nineteen years of age or over and was of sound mind; and that each of said witnesses was then at least fourteen years of age.

{signed}
Lillian Baum, Testatrix

{signed}  Witness
{signed}  Witness


  Subscribed and acknowledged before me by Lillian Baum, testatrix, and subscribed and sworn to before me by {Juanita Hanna} and {Vera Suggs}, witnesses, this October 25th, 1962.

{Charles C. Glaae}
Notary  Public,  Wichita County,  Tex.

——————————————————
THE STATE OF TEXAS
COUNTY OF WICHITA  

  I, DORA DAVIS, Clerk of the County Court, in and for Wichita County, Texas, do hereby certify that the above and foregoing instrument of writing is a true and correct copy of Will.  As same was filed in this office.  In Re:  Est. Lillian Baum, Dec’d #15360 - in Probate.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT, this the 24 day of March A.D. 1975.

DORA DAVIS, Clerk County Court
Wichita County, Texas

By [signed] Deputy
 

Texas Supreme Court ruling on Avis court case
(C. Avis Catalog entry #415)

(Document ID #415)

Abstract:
Whether or not the Bank trustee can execute mineral leases on land belonging to trust estate.  Trial court said yes, as did the appeals court.

J. D. Avis executed his will on 11/16/1931; died on 9/29/1935
His wife was Minnie Ola Avis
The property at the corner of ninth and Burnett in Wichita Falls is separate property having received it from his mother's estate.
The couple's seven children:
    F. P. Avis
    J. D. (Dave) Avis
    A. W. (Jake) Avis
    Mrs. W. F. Weeks
    Mrs. H. S. Baum
    Mrs. W. U McCutchen
    Mrs. Ralph Dunkelberg
Inventory showed debts of over $24,000

This opinion written by Associate Justice J. H. Sharp of the Texas Supreme Court on 2/24/1943 and said no to the leasing.

Harris County, Texas Probate Book vol. A
(C. Avis Catalog entry #53) 
 

ESTATE OF ALEXANDER HODGE, DECEASED

Recorded:  Probate Records Vol. A p. 36

Probate Court in Session 17th 
Apl. 1837

In persuance with the above summons, M. M. Battle, and Joseph Woods appeared and probate was made on the following will to the satisfaction of the Court.

STATE OF TEXAS

Department of Brasos, Jurisdiction of Austin.

In the name of God Amen.

I, Alexander Hodge of the State of Jurisdiction as aforesaid being of strong, but low in body, and knowing the certainty of death and the uncertainty of life, have thought fit to make this my last will & testament, after committing my Body to the dust and commending my soul to God, I will unto each & every one of my children the lawful heirs of' my body, as follows (to wit)

Unto Alexander E. Hodge and James Hodge, I will and give unto unto them the League of Land wherein I reside to be laid out for James Hodge, to have upper half to the exception of one hundred acres to be laid out in the timber for James Pevehouse three hundred yards in weadth & the Perarie lying in the front thereof to the back or North line and unto Alexander E. Hodge I will & bequeath the lower half of sd. league with two negroes by name of Anne & Jim with all the stock, hogs, horses, farming utensils household & kitchen furniture, with all the money, debts, dues and obligations of any nature whatever, and unto Arche Hodge, I will and bequeath forty dollars, unto Ruth Harris I will and bequeath forty dollars, unto Lucinda Richardson I will & bequeath forty dollars, unto Polly Pevehouse I will and bequeath forty dollars.

I hereby enjoin it on my son, Alexander E. Hodge to take charge of and attend to the raising & education of the two girls, Polly Hodge and Ruth Hodge.

And I do hereby appoint my son, Alexander E. Hodge, my executor to this my last Will & testament, and that he will pay unto each and every one of my heirs, whose names are herein contained the sum of amount bequeathed unto them, and see that justice is done to all parties agreeable to my wishes.

Given under my my hand and own signature this the fourteenth day of January in the year of our Lord one thousand eight hundred and thirty six.

Signed and executed in the presence of the subscribing witnesses, day & date as above. 
 

Alexander Hodge (Seal)

ATTEST: M. M. Battle 
Joseph Woods 
Squire Pevehouse. 

Cumberland County, PA Will Book E
(C. Avis Catalog entry #84) 

p. 148

LAST WILL AND TESTAMENT OF JOHN HODGE DECEASED

In the name of God amen, I, John Hodge of West Pennsborough township, in the county of Cumberland and province of Pennsylvania

Yeoman; Calling to mind the mortality of my body and all flesh though sick in years yet blessed be God of a sound understanding memory and disposing mind do constitute this my last will and testament and desire that it may be received by all as such hereby disannulling all former wills and bequeathments whatsoever.

Item - I most humbly give my soul to God who give it beseeching his most gracious acceptance of it through the merits and mediation of Jesus Christ amen,

Item- I give and bequeath to my loving wife Agnes Hodge (should she live longer than me) the house and garden that I stand now possessed of together with a milch cow a bed and clothing with the half of all furniture in the house and what remains after my burial (which I desire may be decent without pomp at the discretion of my executors hereafter named) I allow my executors to divide equally between my son William Hodge and my grandson John Hodge son of William Hodge. Likewise I do appoint my beloved friends Samuel Finley and Samuel Mathers to be my executors of this my last will and testament and trustees of my affairs as witness my hand and seal this thirteenth day of November, one thousand seven hundred and eighty nine, 1789. 
Witness present;

John Rippeth 
John Barnes 
 

his

        John    Hodge (Seal)

mark

Be it remembered that on the twentieth day of December Anno Domini 1789 the last will and testament of John Hodge,deceased, was legally proved of which the foregoing record is a true copy, and letters testamentary issued to Samuel Finly & Samuel Mathers the executors above named. Inventory and account to be exibited into the Registers in Carlisle in the time appointed by law.

Witness my hand: 
William Lyon  - Regs. - 
 

Abstracts of Wills of John and William Hodge

(C. Avis Catalog entry #251)

Georgia Pioneers, vol. 12 
Elbert Co., GA Early Records

p. 10 
John Hodge - will - submitted 8/20/1795  proved 8/3/1801 
wife Catrina 
7 children (2 named):  William and John Hambleton<?> 
Exr:  Friends Wm. Appleby and Alexander Hodge

p. 11 
William Hodge - will - submitted 9/20/1794  proved 10-3-1794 
sons:  John, Alexander, Francis, Elliott, James 
daus:  Mary, Elizabeth, Nancy, Cynthia 
(mentions money from Penn.) 
Exrs:  Wm. Appleby & son John Hodge 
Wit:  John Calvert, James McCurdy

Jefferson Co., MS Will Book A #3
Will of Arthur Brown Ross
(C. Avis Catalog entry #653)

In the name of God Amen
I Arthur Brown Ross do make and ordain this my last will & testament in manner and form following I give my soul to almighty god my creator & my body to be buried at the discretion of my executor herein after named – my worldly goods & possessions I give & bequeath in the following names   First I give & bequeath to my two sons Isaac Arthur Brown & John Isaac Ross two hundred dollars each to their heirs and assigns forever & if in case either of them should die with out a lawful heir of theirs then the survivor to be the others heir for their divide and of my Estate real & personal.  After all my just debts is paid I give & bequeath to my beloved wife (Hannah Ross) her natural life time all the remainder of my estate real & personal and at her death to be divided in manner and form following that is I give my eldest daughter Eliza Sims ten dollars & my next oldest daughter Sarah Conger O’Quin ten dollars & to youngest daughter Abigail Gibson Sims ten dollars to their heirs & their xxxx(illegible) use for ever now the balance of my estate real & personal to be divided in manner & form following.  I will one sixth part to my daughter Eliza Sims children lawfully begotten one other sixth part to my daughter Sarah Conger O’Quin’s children lawfully begotten one other sixth part to my daughter Abigail Gibson Sims three children say Hannah Brown Sims, Arthur Brown Ross Sims and Eliza Hill Sims and one other sixth part to my son Ely Kershaw Ross one other sixth part to my son Isaac Arthur Brown Ross and one other sixth part to my son John Isaac Ross my will is that if Isaac Arthur Brown Ross or John Isaac Ross dies with out heirs lawfully be gotten the survivor to be the others heir of my estate and its my will that my estate be kept all together and under the care & direction of my Executor till my grand children marrys or comes to the age of twenty one years of age, that my daughters children’s parts & if either of their children all dies than their dividend to go to the rest of my grand children shear & share a like my will is that the above four hundred dollars lift Isaac Arthur Brown & John Isaac Ross be said thru one year after my death or at the discresion of my beloved wife my will is that my executrix or executors may sell any property for the full value if its not done with an entention of fraud -- Turn over (end of page one)
I do hereby nominate constitute and appoint my said loving wife Hannah Ross executrix and my loving brother Isaac Ross, Isaac Arthur Brown Ross, and John Isaac Ross my lawfull executors of this my last will and testement revoaking all others.

Signed sealed and delivered & declared to be his last will an testament in the presense of:
Catherine Crane (last name not entirely legible)
Mary Al… (last name not entirely legible)
David Duncan
                                    A. B. Rofs (Ross)

Jefferson County Clerk note on bottom of will:
No. 3-“A”
Est. Arthur Brown Ross, Dec’d
Not filed – about 1800
Recorded Nov. 8, 1963
O.S. Gillis, Jr., Clerk

* Transcribed by Lance H. Salge on 5/18/2001.  The majority of misspelled words were left as per the original will. Corrections were only made where clarity was essential.

Abstracts of the Wills of the State of South Carolina  1760-1784
(C. Avis Catalog entry #174)

p. 238  Will Book TT  p. 280
Isaac Ross of Wateree River, will dated 3-12-1775, recorded in Charleston.

Will mentions: 
sons:  Isaac (under 21), Samuel
daughters:  Elizabeth, Jane, Mary, Euphemia (all under 21 and unmarried)
brother:  Arthur Brown Ross