Pike County Wills.. Joshua Fortune 1859 ************************************************ Copyright. All rights reserved. http://www.genrecords.net/alpike/ ************************************************ File contributed for use in USGenWeb by: Patsy McCoy pmccoy@pacifier.com May 2003 FORTUNE, JOSHUA Died Aug. 8, 1859 Will Contested Book 18, Pages 412-449 In the House off God Amen. I Joshua Fortune in the county of Pike, and Stat of Alabama, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain , publish and declare this to be my last will and testament: That is to say first , after all my lawful debts are paid and discharged, the reissue of my estate, real and personal, I give, bequeath and dispose of to my beloved wife, all of which is in the count y of Pike and State of Alabama. Likewise I make, constitute and appoint my wife, William Lee and Josiah Davis, to be executor of this my last will and testament, hereby revoking all former will by me made. In witness there of, I have here unto Subscribed my name and affixed my Seal, the eight day of August in the year of our Lord one thousand eight hundred and fifty nine. The undersigned are verified that the above instruments is what it supports the last will and testament of Joshua Fortune (dec’d) John Freeman William Lee Jason Carroll "Abstracts From General Estates Books 13-19, 1823-1880." Fortune, Joshua......Died Aug 08 1859......Book 18, Pages 412-449 Heirs: Richard Fortune; John Jefferson Fortune; James Fortune; Elijah Fortune; Nancy, wife of John Roberts; heirs of Jane McDaniel, deceased, who was the wife of James McDaniel, viz, James H. & Catherine McDaniel, minors; and Elizabeth, wife of Franklin Stewart. FORTUNE, JOSHUA Died Aug. 8, 1859 Will Contested Book 18, Pages 412-449 The supposed will of Joshua Fortune, on Page 412 was dated Aug. 8, 1859 & witnessed by John Freeman, William Lee & Jason Carroll. it was not signed by Joshua Fortune or by an agent for him. In the will Joshua Fortune supposedly left all his property to his wife (he had no children) & named her & William Lee & Josiah Davis as executors. Heirs: Richard Fortune; Jefferson Fortune; James Fortune; Elijah Fortune (minor son of John Fortune & brother of Joseph Fortune, deceased); Nancy, wife of John Roberts; heirs of Jane McDaniel, deceased who was the wife of James McDaniel, viz. James J. & Catherine McDaniel, minors; & Elizabeth, wife of Franklin Stewart. On Sept. 6, 1859 Richard Fortune & the other heirs at law of Joshua Fortune contested the will on the grounds that it was not signed by Joshua Fortune, that he was too ill to have made a will and that his wife exercised undue influence on him to exclude his heirs at law and obtain all his property for herself. The contestants asked that a jury consider the evidence. Proponents of the will were Catherine Fortune, the widow & Josiah Davis & William Lee. The trial was held on Sept. 29, 1859. Jurors were James F. Curtis, James D. Dorough & Oscar F. Knox. TanYard; Peter Campbell & James M. Salter, Mitchell's Beat; James M. Hodges & Daniel Carr, Troy; Joseph C. Newbery, Monticello, Wiley Gilmore, Bug Hall; Jordan G. Brook & Mastin E. Berry Sr., China Grove; Hugh F. McDougald, Valley; J.C. Pitts, Missouri Beat; D.W. Siler, Orion & John C. McCormick, Goshen Hill. Jason Carroll stated to the Court that at 1:00 p.m. on the day of death Joshua Fortune called his wife, Catherine & told her to have the paper brought in, that he was ready to sign it, & that she left the room & brought in Mr. John Freeman, a schoolteacher who boarded there, who read the paper to Joshua Fortune & asked him if it was ok. He said yes, as far as it went, but it named no executor & he directed Freeman to name his wife & Josiah Davis & William Lee as executors. Freeman left the room, supposedly to add the names and the witnesses did not see the paper again. Jason Carroll did not know why Joshua Fortune did not sign the paper unless it was because of a chill and spasm which came on him immediately after it was read to him, from which he died. He testified that after the chill or spasm, Joshua talked little or none, but when aroused seemed to be in his senses. Someone had offered him brandy 2 or 3 times and he had asked if it was palatable. Jason stated that the deceased had told him on several occasions that if his wife outlived him, she should have all his property. Mr. Freeman testified that he wrote in the names of the executors, then went to the schoolhouse where he was teaching and did not see Joshua Fortune again until just before his death. He stated that Joshua Fortune asked him to write the will, that it was all written before his death and read to him, except that he names of the executors were added, and the witnesses signed it later. He stated that Joshua died about 8 p.m. Aug. 8th, and the witnesses signed the paper in Troy, several miles from the residence on Aug. 11, 1859. Mrs. Louisa Fortune, mother of the deceased, stated that she had lived near him in Renfroe Co. and in Pike Co. and that he died at night on Aug. 8th. She stated that he was physically unable to write a will and mentally unsound part of the time but that his mind was clear a few moments when the paper was read to him. She stated that Mr. Freeman, the schoolteacher boarding there, wrote the will in a back room about 10 or 11 a.m. the day without any directions from Joshua Fortune. She did not know if Joshua's wife Catherine directed him or not. She stated that she had known Catherine about 9 years since their marriage & had lived about 5 miles from them, that Catherine was sometimes friendly to Joshua and sometimes not at all, sometimes agreeable and sometimes had Joshua under her control & compelled him to do things to suit her own notions. She stated that Catherine was industrious and had helped him accumulate his estate. Joshua Fortune owned 120 acres of land and $2000 worth of personal property. The outcome of this case was not given.