BUTLER COUNTY, ALABAMA. WILL BOOK 2

6 September 1872 WILL of JAMES WILLIAM JOSEY

Know all men by these presents that I JAMES W. JOSEY of the County and State aforesaid considering the uncertainty of this life, and being of mind and memory door make, declare, and publish this my Last Will and Testament, and it revokes all former Wills by me made. First I give and bequeath unto my Wife, everything I am possessed of at the time of my death, both real and personal, to hold during her life time, then to be equally divided among all my lawful heirs, except my Daughter NANCY SOLOMON; I don't want her to have anything more than what she has got. And I do nominate and appoint my Sons, ROBERT, and JAMES S. JOSEY, and R.S. HUGHS, to be the executor of this my Last Will and Testament, in testimony whereof I have to this, set my Last Will and Testament, set my hand and affixed my seal this September 6th, 1872.

JAMES W. JOSEY

BUTLER COUNTY, ALABAMA. ESTATE BOOK 15 PAGE 82

9 August 1875 Estate Records of JAMES WILLIAM JOSEY

Your petitioner respectfully represents unto your Honor, that the late JAMES JOSEY, who was an inhabitant of this County at the time of his death, departed this life on the 30th day of June in the County of Butler, State aforesaid, leaving a Last Will and Testament, duly signed, and published by him, and attested by HENRY C. SMITH, HILLARY R. SHINE, and W.P. SHINE, who reside in this County, which your petitioner, as he verily believes, is named as executor thereof, which said Will is herewith produced, to your Honor, and propounded for probate and record in this Court. Your petitioner further states that the next of kin of said decedent are his Children, ROBERT JOSEY, who resides in Covington County, over the age of Fourteen years, JAMES S. JOSEY of full age, ELIZA S. HUGHS of full age residing in Butler County, NANCY SOLOMAN, Wife of HENRY S. SOLOMAN, who resides in Crenshaw County, OLIVE JONES, of full age and resides in Conecuh County, all of the above named heirs residing in this State. MARY BROWN, of full age, and resides in the State of Arkansas, REBECCA LONG, & E.T. JOSEY, of full age and reside in the State of Texas. In consideration of all which your petitioner prays, that a day may be set for the hearings of the matters of this petition: That subpoenas may be issued to bring in said subscribing witnesses to testify on said appointed day. That due notice of this application may be given to their next of kin, of said deceased, and that such other proceedings, orders and diaries may be had and made in the premises, as may be requisites and proper to effect, the due probate and record of said Will according to law. And as in duty bound. Subscribed and Sworn to

J.L. POWELL Probate Judge RICHARD S. HUGHS

In matter of the Estate of JAMES JOSEY dec'd; Probate Court, Butler County, Alabama.

To; JAMES S. JOSEY, ELIZA S. HUGHS of Butler County, and R.M. JOSEY of Covington County, You are hereby notified that application has been made to this Court to probate the Last Will and Testament of JAMES W. JOSEY dec'd; and that the 19th day of August has been set apart as a day to hear said application, if you think proper. Given under my hand this 9th day of August A.D. 1875.

J.L.POWELL Probate Judge

ESTATE BOOK 15 PAGE 268

State of Alabama, Butler County. To the Honorable J.L. POWELL Judge of the Probate Court, in the said County, The undersigned would most respectfully say that he was appointed executor of the Estate of JAMES W. JOSEY dec"d; That the Last Will and Testament of said testator has been duly admitted to Probate in your Honorable Court.

He therefore tenders to your Honorable Court his resignation of said trust, as such executor, and prays the acceptance of the same by your Honor. As in duty bound.

This the 16th day of February 1876.

RICHARD S. HUGHS

ESTATE BOOK 15 PAGE 318

ESTATE of JAMES W. JOSEY, Deceased, Petition to Probate Will.

State of Alabama, Butler County; Your petitions respectfully represents, unto your Honor, that the late JAMES JOSEY, who was an inhabitant of this County at the time of his death, departed this life on the 31st day of June 1875, in the County of Butler, State aforesaid, leaving a Last Will and testament, duly signed and published by him, and witnessed by HENRY C. SMITH, HILLARY R. SHINE & W.P. SHINE, who reside in this County, in which your petitioner as he verily believes is named an executor thereof, which said Will is herewith produced to your Honor, and produced for Probate and record in this Court. Your petitioner further states that the next of kin, of said deceased, are his Children ROBERT JOSEY, over the age of Fourteen years, who reside in Covington County, JAMES S. JOSEY, of full age, ELIZA A. HUGHS, of full age resides in Butler County, and all the above named heirs residing in this State, OLIVE JOSEY, of full age and resides in Conecuh County, State of Alabama. MARY BROWN, of full age and resides in the State of Arkansas. REBECCA LONG, E.T. JOSEY, of full age and residing in the State of Texas. In consideration of all which your petitioner prays, that a day may be set for the hearing of the matter of this petition, that subpoena may be issued to bring in said subscribing witnesses to testify on such appointed day, that due notice of this application may be given to those next of kin, of said deceased, and that such other proceedings, orders and decrees, may be had and made in the premises, as may be requisite and proper, to effect the due Probate and record of said Will according to law. And as in duty bound. Subscribed, and Sworn to.

J.L. POWELL Probate Judge RICHARD S. HUGHS

ESTATE BOOK 15 PAGE 388, 389,390,390,392. BUTLER COUNTY, ALABAMA

ESTATE of JAMES W. JOSEY, dec'd; and Petition to sell Land

To the Hon. J.L. POWELL, Judge of Probate for said County, The undersigned administrator of the Estate of JAMES W. JOSEY, late of said County deceased, respectfully alleges that his intestate died seized and possessed of the following real estate in the said County, to-wit; N.E.1/4 of S.E.1/4 and S.E.1/4 of S.W.1/4 of Section 16, also S.W.1/4 of S. E.1/4 of Section 16, and S.W.1/4 of S.W.1/4 of Section 15, except 3 acres where the Church stands. All in Township 7 of Range 15. He further alleges that the following named persons, and they alone, are the Heirs and Distributes of the Estate to wit; JAMES S. JOSEY, is over the age of Twenty One years, and ELIZA S HUGHS, Wife of R.S. HUGHS, over the age of Twenty One years, both of said Heirs reside in Butler County, Alabama. ROBERT JOSEY, a minor over Fourteen years, and resides in Covington County, Alabama. OLIVE JONES, Wife of RANSEY JONES, over the age of Twenty One years, and resides in Conecuh County, Alabama. MARY BROWN, Wife of ____ BROWN, of full age, and resides in the State of Arkansas, and REBECCA LONG, & E.T. JOSEY, both over the age of Twenty One years, and reside in the State of Texas, but at particular place in said State of Arkansas & Texas, is unknown to adm. NANCY SOLOMAN, Wife of H.S. SOLOMAN, who resides in Crenshaw County, Alabama. He further alleges that the personal property is insufficient to pay the debts of said Estate, and that it is necessary to sell the lands for the purpose of paying the debts against said Estate. He therefore asks your Honor to grant and make an order in pursuance of law, authorizing and empowering him to sell said lands for said purpose. All of which is respectfully submitted.

JAMES W. JONES Administrator, Contestaments, Exe.

State of Alabama, Butler County

Before the undersigned came, JAMES W. JONES, Administrator who being sworn on oath, says that the allegations in the forgoing petition contained, are correct to the best of his knowledge & belief. Sworn to and Subscribed before me. 27 December 1876 J .W. JONES

J.L. POWELL. Judge of Probate

BUTLER COUNTY, ALABAMA. In the Probate Court. In the matter of the Estate of JAMES W. JOSEY dec'd.

To the personal property of said Estate, sufficient to pay the debts against the same, will it not be necessary to sell the lands for the purpose of paying the debts against said Estate & state anything else your knowledge in behalf of the petition. GAMBLE & BALLING atts. for petition.

L.B. WILSON, a witness sworn & examined under and by virtues of a commission issued out of the Probate Court of the State of Alabama, for Butler County, in a certain cause therein depending, between J.W. JONES as Administrator of the Estate of J.W. JOSEY, dec'd, in application to sell land, is plaintiff, and Heirs at law of said Estate, are defendants. L.B. WILSON of Butler County being sworn to speak the truth, doth depose and say as follows:

To the first interrogatory he saith. I am acquainted with the lands belonging to the Estate of JAMES W. JOSEY dec'd, but I don't know them by numbers.

To the second Inty; I am acquainted with the Heirs and distributes of said Estate, they are as follows, to wit; JAMES S. JOSEY of full age and ELIZA HUGHS, of full age, and both reside in Butler County, Alabama. and ROBERT JOSEY, of full age, and the Heirs of JOHN JOSEY dec'd, I think they are all minors, and all live in Covington, Alabama. and NANCY SOLOMAN, Wife of LOUIS SOLOMAN, of full age, and reside in Crenshaw County, Alabama. and OLIVE JONES, the Widow of RANSOM JONES, of full age, and reside in Conecuh County, Alabama. and MARY BROWN, Wife of _____ BROWN, and resides some where in the State of Arkansas, but I don't know where. and TRAVIS JOSEY, of full age, and resides in the State of Texas, but I don't know exactly where he lives in said State, and the Heirs of HENRY JOSEY dec'd, they live somewhere in the State of Texas, but I don't know exactly where, they are all minors, I don't know how many there are of them, and the Heirs of HARRIETT THOMAS dec'd, all of whom live in the State of Texas, and I think they are all minors. I don't exactly know where they live in said State. and the Heirs of REBECCA LONG dec'd, who was the Wife of JAMES LONG dec'd, all of whom reside in the State of Texas, I don't know their names. Some are minors and some of full age. and the Heirs of MARTHA BALLARD dec'd; I think they reside in Monroe County, and I think they are all of full age. I don't know how many of them there are, they are all of sound mind. I have named all the Heirs & distributes of said Estate of JAMES W. JOSEY.

To the Third Inty. he saith; The personal property of said Estate is insufficient to pay the debts of said Estate, and I think it will be necessary to sell the land belonging to the said Estate, to pay the debts against it.

To the Fourth Inty. he saith; I don't know anything else.

10 February 1877 L.B. WILSON

ESTATE BOOK 15 PAGE 390,391 Depositions of JOHN CRITTENDEN

JOHN CRITTENDEN a witness sworn and examined under and by the virtues of a commission issue out of the Probate Court of the State of Alabama, for Butler County, in a certain cause therein depending between J.W. JONES, as Administrator of the Estate of J. W. JOSEY dec'd, is Plaintiff, and the Heirs at law of said Estate are defendants.

JOHN CRITTENDEN, of Butler County, being sworn to speak the truth, and nothing but the truth, doth depose and say as follows.

To the First Inty. he saith; I am acquainted with the lands belonging to said Estate of JAMES W. JOSEY dec'd, but there is more land described in the first interrogatory than I thought belonged to the said Estate, I don't know the numbers of the land.

To the Second Inty. he saith; I don't know all of the Heirs and distributes of said Estate, some I have never seen. some are in Texas. I know all that reside about here, they are as follows. Viz; JAMES JOSEY, over the age of Twenty One years. ELIZA HUGHS, Wife of R.S. HUGHS, of full age, and the Heirs of JOHN JOSEY dec'd, I don't know their names. I believe they are all minors, but One of them is married to a Mr. BURT, I don't know his given name, all of the above reside in Butler County, Alabama. OLIVE JONES, the Wife of RAMSEY JONES, of full age, and reside in Covington County or Conecuh County, Alabama. ROBERT M. JOSEY of full age, and resides in Covington County, Alabama. and NANCY SOLOMAN, Wife of LOUIS SOLOMAN, of full age, and reside in Crenshaw County, Alabama. and MARY BROWN, who is a Widow, of full age, and resides in the State of Arkansas, I don't know at what particular place in Arkansas, There are other Heirs, but I don't know them, I believe they are all of sound mind.

To the Third Inty. he saith; I don't think the personal property of said Estate is sufficient to pay the debts against said, and I think it is necessary to sell the lands belonging to the Estate, for the purpose of paying the debts.

To the Fourth Inty. he saith; I don't know anything else.

February 9th 1877 JOHN CRETTENDEN

BUTLER COUNTY, ALABAMA. Estate book 15 page 391,392.

Depositions of H.C. SMITH.

H.C. SMITH, a witness sworn & examined under and by virtue of a Commission issued out of Probate Court of the State of Alabama, for Butler County, in a certain cause of therein depending between J.W. JONES, a admin. of the Estate of J.W. JOSEY dec'd, in application to sell lands is Plaintiff, and the Heirs at law are defendants. H.C. SMITH, of Butler County, being sworn to speak the truth, and nothing but the truth, doth depose and say as follows.

To the First Inty. he saith; I know where the lands are that belong to the Estate of J.W. JOSEY, but I don't know the numbers.

To the Second Inty. he saith; I am acquainted with the Heirs, and distributes of said J.W. JOSEY, dec'd, they are as follows, Viz; JAMES S. JOSEY, over the age of Twenty One years, and resides in Butler county, Alabama. ELIZA HUGHS, Wife of R.S. HUGHS, over the age of Twenty One years, and reside in Butler County, Alabama. NANCY SOLOMAN, Wife of HENRY SOLOMAN, over the age of Twenty One years, and reside in Crenshaw County, Alabama. ROBERT M. JOSEY, over the age of Twenty One years, and resides in Covington County, Alabama. and the Heirs of JOHN JOSEY dec'd, Viz; JAMES, WILLIAM, & HARRIETT, all minors over Fourteen Years of age, and all reside in Covington County, Alabama. OLIVE JONES, the Widow of RAMSEY JONES, who is over the age of Twenty One, and reside in Conecuh County, Alabama. Mrs. MARY BROWN, the Widow of JAMES BROWN, over Twenty One years of age, and reside somewhere in the State of Texas, but I don't know exactly where. TRAVIS JOSEY, over Twenty One years of age, and resides some where in the State of Texas, but I don't know in what County. HENRY JOSEY, who went to Texas and dec'd there, I am not certain, but I think he left an Heir. and HARRIETT THOMAS, who was the Wife of JOHN THOMAS, who did reside in Texas, she dec'd, and I think she left an Heir, they are all of sound mind.

To the Third Inty. he saith; The personal property of said Estate is not sufficient to pay the debts of said Estate. I think it is necessary to sell the lands belonging to said Estate, for the purpose of paying the debts thereof.

To the Fourth Inty. he saith; I don't know anything at all that would benefit the petitioner.

26 January 1877 H.C. SMITH