Pike County Alabama Wills.....Hiram Tucker December 15 1852 ************************************************ Copyright. All rights reserved. http://www.genrecords.net/alpike/ ************************************************ File contributed for use in USGenWeb by: Karen Tapley http://www.genrecords.net/emailregistry/vols/00030.html#0007328 May 21, 2003, 9:02 am Written: December 15 1852 Recorded: November 15 1857 In the name of ?? I Hiram Tucker of Montgomery County and State of Alabama, being of sound mind and memory, and considering the uncertainty of this frail and transitory life do Therfore make, ordain, publish and declare, this to be my last Will and Testament. That is to say, First I resign my Soul into the hands of Almighty God hoping and believing in the remission of my sins in and through the merits and they mediation of Our Lord and Savior Jesus Christ and my Body I commit to the Earth to be buried at the discretion of my Exector, Lastly to my beloved wife Catharine Tucker after all of my debts is paid and discharged the residue of my Estate said and person I give and bequeath unto my beloved wife during her widowhood all of my lands all of my Stock, of horses, Cattle hogs, Household & Kitchen furnature, Books. Cash on hand and every thing belonging to me in and manner shape or form the the nigoes Viz Tena, Lime Dave and Red during her widowhood wtih the Exception of one Feather bed and furniture which I give to my Grand Daughter Lariah Ann Tucker. But should my beloved wife marry then in that case she is to inherit only one third of my Estate during her natural life time only and at her decease widow or not all my Estate that or Personal after Expenses debts is paid is to be Equally divided between my Children and lastly I do herby Constitute and appoint Ira J. Tucker and Hiram C. Tucker my Executors of this my last will and Testament hereby revoking all wills here after made by me In witness whereof I the said Hiram Tucker have hereunto Subscribe my name and acknowledged my Seal this the 15 of December in the Year of Our Lord One Thosand Eight Hundred and fifty two-- subcribed in the presence} John W. May Wm. E. Jefcoat Wm. H. Beatty Hiram Tucker (Signs and seal) Under this is written: The State of Alabama Pike County } Special Court of Probate Nov 15 1857 This day came into open court William E. Jefcoat one of the subscriing witnefs to the forgoing last will and testament of Hiram Tucker both of said County deceased who being duly Sworn according to law departh and saith that he was called on by said Hiram Tucker to witnef this instrument as his last will & testament that said deceased signed the same in their presence and that they all signed in the presense of each other on the day the ? here dates, that said deceased was of sound and desposing mind & memory at the time of signing the same and uninfluenced by any person and that he signed publishes and declares the sworn to be his last will and testament and that his is the instrument spoken of. Sworn to and Subscribed in open Court day and date above Bird FitzPatrick, Judge of Probate}}}} Wm. E. Jefcoat It is therefore ordered and judge and dece's'; that the said will of the dec'd Hirman Tucker be admitted to Probate as the said last will and testament of the Hiram Tucker. It is further order that the ? be filed and recored Nov 17 1857 Bird FitzPatrick Judge of Probate. ************************************************************* Hiram Tucker dec'd Est of Ira Tucker Exr __________________ Application to sell Land for distrubution _________________________ Filed Aug 19/68 2nd Monday Oct to hear H. C. Wily ? Guardian Solen? notice to non residents in Messanger Advistiser W. C. Wood Judge of Probate _______________ Continued docette? 2 Monday of Nov 1868 W. C. Wood Judge of Probate P & H. (This is on the fold left side states the following:) for the purpose of a distubution among the heirs & grant such other or future orders as maybe & proper in the premises & as in duty bound ye. Sworn to & subscribed this 19 Aug 1868 W. C. Wood Judge of Probate Ira J. Tucker signed. I deny the allegations contained in the within petition and insist on proof the sames Henry C. Wiley Guardian and Liteus(?) on the right Petition Granted Aug 9/68 (Comments: this was the following document in same handwritting as the envelope folded page) ************************************************************* The State of Alabama Pike County } To the Hon. W. C. Wood Judge of the Court of Probate for said County: Your petitioner Hiram C. Tucker Exr of the Testement & last will of Hiram Tucker Dec'd respectfully presents unto you Honor that his testator died seized & possesed the following described lands to wit: SE 1/4 of NW 1/4 Sec 6 Township 11 Range 19 NE 1/4 of NW 1/4 Sec. 6 " 11 " 19 SW 1/4 of NE 1/4 Sec 6 " 11 " 19 SW 1/4 of SW 1/4 Sec. 6 " 11 " 19 all in Pike County Alabama NW 1/4 of NE 1/4 of Sec 1 township 11 Range 18 situated in Crenshaw County Alabama NW 1/4 of SW 1/4 Sec. 31 Township 12 Range 19 SW 1/4 of SW 1/4 Sec. 31 " 12 " 19 all situated in Montgomery County Alabama W 1/2 of NW 1/4 Sec 6 Township 11 Range 19 NW 1/4 of NE 1/4 Sec 6 " 11 " 19 NE 1/4 of NW 1/4 Sec. 6 " 11 " 19 NW 1/4 of SW 1/4 Sec 6 " 11 " 19 all situated in Pike County Alabama Your petitioner further shows that said land cannot be fairly, equitably or impartally divided among all the heirs at law of said Estate without a sale thereof. And the only heirs & all the heirs at law of said Estate are the following to wit; Alexander Tucker, Annie J. Champion comments: (end of page but his writing appears to match the handwriting of the page were E. Y. Williams, Williams Lawrence, and John Carter witness: this above page is not dated) ************************************************************* State of Alabama, Pike County. To E. Y. Williams Know ye that we having full faith in your prudence and competency, have appointed you Com-sioner and by these presents do authorize you at such time and place as you may appoint to call before you and examine Wm. Lawrence and John S. Carter as witness in behalf of Ira J. Tucker in a cause pending in our Probate Court for Pike County, and State aforesaid, wherein Ira J. Tucker admin of Hiram Tucker is Plaintiff and the heirs at law of said deces'd an Defendant's, on oath to be by you administered upon Interrogatories annexed to his Commission, to take and certify the Deposition of witness and return the same to our Court to be held at Troy, in County, on the 2nd Monday in October next, under you hand and seal. Witness, W. C. Wood Judge of said Court, at office in Troy Issued the 2nd day of October 1868 W. C. Wood, Judge Comments: This page is a printed form filled in by W. C. Wood, Judge at the bottom list the Directions for the com-sioner to follow. ************************************************************* Interrogations, to William Lawrence & John S. Carter Erwin Y. Williams suggested Commissioner residing near Briar Hill in Pike Co. Ala. Filed in Office Aug 26th 1868 (on this same page is written at the side as if it was folded) Interrogns came said land be fairly quitably a impartially divided between the heirs at law of said Estate without a sale (or division *this is scratched through) thereof? Inventory 4th State anything else that you may know of benefit of the planif. Parks & Herbbard Atty's for Plaff. Ira J. Tucker Exs of Hiram Tucker dec. ) In Probate Court of Pike County Ala. vs Heirs at Law of Hiram Tucker dec.) Application to sell land for Distrubution. Interogatories to be exhibted & pronounced by Williams Lawrence & John Carter residing near Brier Hill in Pike County Ala.the answers to which are to be used in evidence on behalf of Plaintiff in the above stated cause upon the hearing thereof. Interog. 1st Are you acquainted with the parties to this suit, if yes, please state the residence of early their names, those that are named women & to whom named which ones are of full age, & which not, & there, if any, who are insane: Interog. 2nd. Are you acquainted with the the Estate of Hirman Tucker (there are two marks that look like circles drawn with dots inside the circles) SE 1/4 of NE 1/4 Sec 1.7.11 R. 18 situated in Crenshaw Co. Ala NW 1/4 of SW 1/4 Sec & SW 1/4 of SW 1/4 Sec. 31 ( now this could be sec. 3 but there is a #1 beside it maybe a slip of ink) Township 12 R. 19. all situated in Montgomery Co. Ala, W 1/2 of NW 1/ of NE 1/4 & NE 1/4 of NW 1/4 & NW 1/4 of SW 1/4 Sec. 6. T. 11 Range 19 all in Pike Co. Ala. (on this page signatures of E. Y. Williams in a circle also William Lawrence John Carter Evidence) folded all hand written 2 folder page J. Champion, Harriet M. Champion wife of Zabidee Champion, Hiram J. Tucker (this look like strike through the names or written over in dark ink it could have been smudged as the page was folded) all of full age and residing in Crenshaw County Alabama. Nelson Tucker & (?) Tucker, over 14 years of age, Lydia, Robert, Alvin, & Elisabeth Tucker under 14 yrs of age, & all minor heirs of George W. Tucker dec'd & all reside in Crenshaw County Alabama with their mother Mildred Tucker. James E. Tucker of full age resides in Pike County Alabama. Julia, Louanna, & Joanna Tucker minor heirs of James Tucker, dec'd, all under 14 years of age residing with John V. Davis in Pike Co. Ala. William Rylander under 14 years old resides with John Rylander in Montgomery Co. Ala Jeff Davis Bradly under 14 years old resides with Eliza Bradly in Coffee County Alabama. Some of the heirs both of full age & minors reside in the States of Florida & Louisana but there names are unknown to petitioner. Hiram C. Tucker, Isaac D. Tucker, Richard T. Tucker, Elisabeth Garner, (next are crossed /////) Hanah M. Chesser wife of Robert T. Chesser all of full age & resides in Montgomery Co. Ala. Hannah Chesser, Wife of Robert T. Chesser reside in Crenshaw Co. Ala of full age. & petitioner residing in Crenshaw Co. Ala. John R. V. Tucker of full age & resides in Pike Co. Ala. (below this is The State of Alabama Pike Co. } Before me W. C. Wood Judge of the court of Probate for said county personally names Ira Tucker who been duly Wherefore may it please you Honor to grant said orders as in the premises may be respect ?? to authorize your petitioner to sell the above named lands next page Depositons of John S. Carter & Wm Lawrence Sworn and is examined under and by virtue of a commission issued our of the probate Court of the State of Alabama for the county of Pike in a certain cause wherein depending between Ira J. Tucker plaintiff and the Heirs at law of Hiram Tucker deceased Defendant John S. Carter & Wm. Lawrence being duty Sworn & examined on the part of the plantiff depose and say Interg. 1 they are acquainted with the parties t this suit 5 of heirs reside in Montgomery 6 reside in Crenshaw county and four that is deceas'd & left heirs all in the state of Ala. names of the heirs at law in said case are as follows: Alex Charley Ira Hiram Isaac Richard, & John R. V. Tucker living male heirs James & Jefferson Tucker decec'd Female living Jane Champion Eliza Garner Harrett Champion Mealindy Chesser Catty Bradley all of age and sane Intergo 2nd. And your acquainted with the following described land as belonging to the Estate of Hirman Tucker NE 1/4 of NE 1/4 sec. 1 T. 11 R. 18 situated in Crenshaw Co. Ala NW 1/4 of SW 1/4 & Sw 1/4 Sec 31 T. 12 R 10 situated in Montgomery Co. Ala. and W 1/2 of W 1/4 NE 1/4 & NE 1/4 of NW 1/3 & NW 1/4 of SW 1/4 Sec 6 Township 11 Range 19. next page they are acquanted with said lands Intergo 3rd Can said land be fairly equally & improperly divided between the heirs and at law of said Estate withourt a Sale thereof They say it cannot be divided between the heirs of said Estate without a sale Oct the 15-1868 signed J. S. Carter Wm. Lawrence I the commissioner of said commission do herby certify to the Judge of said court-that-the evidence of the witnesses was taken down under oath & subscribed by them in My presence on the 15 day of Oct-1868 at Brier Hill in the County of Pike State of Ala and I have a personal knowledge of Said witnefs E. Y. Williams Commissioner Comments: This appears to be a very poorly written petition lots of bad ink and strikes///////// trying to transcribe this is very much out of order, but was found and copied this way from the basement Troy Courthouse in 1997. ************************************************************* The State of Ala County Pike County } Before me W. C. Wood the Judge of Probate Court for said County personally came Ira J. Tucker one of the Executors of the Estate of Hiram C. Tucker deceased who after being duly sworn according to law saith that the forgoing account current & vouchers, & exhibits annexes are true and correct to the best of his knowledge & belief and furthermore that he has not used any of the funds of said Estate for his own benefit; Also that the following named persons and the above are the heirs & legatees of said Estate: to wit, Ann J. Champion, widow of Wm J. Champion dec'd, Alexander Tucker, Elizabeth Garner, Ira J. Tucker, Hiram C. Tucker, Isaaca D. Tucker, Richard T. Tucker, Harriett M Champion, widow of Zebidee Champion dec'd, John R. V. Tucker, Hannah M. Chesser wife of Robt. T. Chesser--The heirs of James S. Tucker Son of Testator: to wit, James Ellis Tucker now dec'd but of full age at death, and no sepuseutalice (?), Julia & Louanna & Luvanna, Minors: Also the heirs for Catharine Bradly daughter of Testator: to wit J. D. Bradley minors, and for whom Eliza Bradley is Guardian, and Wm. A. Rylaner for whom John R. Rylander is Guardian: also heirs of Geo W. Tucker dec'd to wit: John Nelson (or Aelvon) Tucker, who is of unsound mind. Mary, Lydia A. Robert, Elizabeth, all minors, & for whom Mildred Tucker is Guardian---Heirs of Charles Tucker dec'd names unknown----- (in a ^ after sentence Also the heirs of Catharine Bradley daughter of Testator: to wit: written is Allen Bradley & Malinda Bradley, deceased children) Sworn to and subscribed before this Jany 21, 1871 Willis C. Wood Judge of Probate } signed Ira J. Tucker (this page was folded on the side as I printed at the bottom as was folded it says Ira J. Tucker & Hirman C. Tucker the Exct of the Last Will and Testament of Hiram Tucker Est of H. J. and J. J. Tucker Exc. ______________________ Report of payment of purchase money of the land & ask order for conveyance ____________________________ Filed the May 8th 1871 Grants Willis C. Wood Judge of Probate ______ Recorded June 5th 1871 in Sale C. page 769 W. C. Wood Judge of Pro Comments: This will has greatly improved to read underlined are the names after Robert Chefser the heirs of James S. Tucker son of Testator: to wit then the names of Julia Louanna Minors: are underlined (the word Also underlined before heirs of Geo W. Tucker. Additional Comments: This will was filed in Montgomery County Alabama and probated in Pike County Alabama. He owned land in Montgomery, Pike & Crenshaw Counties. Please refer to those counties for more records. 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