William Mills Will, 1859, Alabama

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 state 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 declare 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. 

Allen Roberson
Michael Pevy

----------------------------------------------------------

Estate of William Mills, Deceased

The State of Alabama}
       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 pro-ducing 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 necessary 
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 deceased 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 affiant 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 afore-
said.  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

J. Hugh LeBaron
100 South Rosebud Lane
Starkville, MS 39759
Hlebaron@aol.com

Source:  Will of William Mills - Coosa Co., AL,
Contributed by : J. Hugh LeBaron
100 South Rosebud Lane
Starkville, MS 39759
Hlebaron@aol.com
SEP 1998


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