Susan Mitchell's Will
Submitted by: Dana Mitchell Womack
Susan Mitchell
Born: November 28, 1818 in Clarke Co. Georgia
Died: April 6, 1900 in Winston Co. Alabama
Buried: Henryfield Cemetery, Double Springs, AL
The State of Alabama
Winston County
I, Susan Mitchell, of Winston County, State of Alabama, do hereby make this, my last will and testament.
First – I direct that all my just debts be paid by my executor, hereinafter named, as soon after my death as may by him be found convenient.
Second – I give to my beloved daughter, Sallie Musgrove, my sewing machine, and all other household and kitchen furniture of which I may die seized and possessed.
Third – I direct that all my real estate and personal property, except that above described, bequeathed to Sallie Musgrove, of which I may die seized and possessed be sold by my executor hereinafter named and the proceeds of said sale by him distributed as follows: In equal parts between all the heirs of my estate with the following exceptions: The children of my son, Samuel M. Mitchell deceased, shall receive fifty dollars less than the amount received by anyone of the other heirs, i.e. they shall receive fifty dollars less than the part of one heir if I were to die intestate. The children of my beloved daughter, Sallie Musgrove, instead of the said Sallie Musgrove, herself, shall receive her part of said estate (one part) which shall be divided equally among them and paid over to them as they may severally arrive at the age of twenty-one years. And the part of each one, until that one arrives at said age, shall be held by my executor, hereinafter named and by him used to the best of the legatee.
The first exception above mentioned is made for the reason that fifty dollars has already been by me paid to the children of my deceased son, Samuel Mitchell.
Fourth – I hereby appoint my son, Thomas F. Mitchell, executor of this will without bond.
In testimony whereof, I being of sound mind, hereunto set my hand and seal, this July 12th, 1899.
Susan Mitchell
X (her mark)
Signed and published as here last will by the said Susan Mitchell, in our presence; and we, in her presence and at her request and in the presence of each other, have hereunto subscribed our names as witnesses on the day of the date of said will.
Geo. W. Vanderford
James S. Vanderford
WITNESSES
EXECUTION OF
THE SUSAN MITCHELL WILL
The State of Alabama
Winston County
May 14th 1900
For the matter of the last Will of Susan Mitchell, Deceased
Geo. W. Vanderford, one of the subscribing witnesses to the last will of the said Susan Mitchell, deceased, appears in open court on this day, and after being duly sworn to speak the truth, makes the following statements pertaining to the probate of said last will and to his attestation of the execution of the same;
My name is Geo. W. Vanderford, James S. Vanderford and I subscribed our names to the instrument, which I now hold and which I understand to be the last will of Susan Mitchell, deceased. The said Susan Mitchell was at the time of the execution of this instrument – her last will – on the day the same bears date, and directed me, George W. Vanderford to sign her name to the same, which I did, she signed by mark, while I held the pen, all being done in the presence of and at the request of the said testator. At the time of the said execution of said last will the testator – Susan Mitchell – declared the same to be her last will. She was, at the time of executing this will, of sound mind, over the age of 21 years, and in every way capable of making a will.
James S. Vandeford and I subscribed our names as witnesses to this will and to the execution of the same, in the presence of each other, and in the presence of and at the request of the said testator.
George W. Vanderford
Sworn to and subscribed before me, this May 14th, 1900
R.L. Blanton
Probate Judge
The State of Alabama
Winston County
In Probate Court Regular May Term, 1900 – May 14th 1900
In the Matter of the Last Will of Susan Mitchell, deceased
James S. Vanderford, one of the subscribing witnesses to the last will of the said Susan Mitchell, deceased, appears in open court on this day, and after being first duly sworn to speak the truth, makes the following statements pertaining to the probate of said last will and to his attestation of the execution of said last will.
My name is James S. Vanderford. Geo. W. Vanderford and I subscribed our names to the instrument which I now hold and which I understand to be the last will of Susan Mitchell, deceased. The said Susan Mitchell was at the time of the execution of this instrument and at the time of her death, an inhabitant of this county and state, and she did execute this instrument – her last will – on the day the same bears date, and directed George W. Vanderford to sign her name to the same, which he did, she signing by mark, while he held the pen, all being done in the presence of, and at the request of the said testator. At the time of the said execution of said last will the testator – Susan Mitchell – declared the same to be her last will. She was, at the time of executing this will, of sound mind, over the age of 21 years, and in every way capable of making a will.
George W. Vanderford and I subscribed our names as witnesses to this will and to the execution of the same in the presence of each other, and in the presence of and at the request of the said testator.
James S. Vanderford
Sworn to and subscribed before me this May 14th, 1900
R.L. Blanton
Probate Judge
I, R.L. Blanton, Probate Judge of Winston Co., Ala., hereby certify that the forgoing will of Susan Mitchell, deceased and the testimony of witnesses in proof of same, was recorded in the record on this, the 14th day of May 1900.
R.L. Blanton, Judge of the Probate Court
EXECUTORS PETITION OF PROBATE
The State of Alabama
Winston County
Probate Court
Petition of Thomas F. Mitchell for the Probate of the Will of Susan Mitchell, Deceased.
To the Hon. R.L. Blanton, Judge Probate Court, Winston County.
The petition of the undersigned, Thos. F. Mitchell, respectfully represents unto your honor that Susan Mitchell, who was at the time of her death an inhabitant of this County, departed this life at her house in said Co., on or about the 6th day of April 1900, leaving assets in this state, and leaving a Last Will and Testament, duly signed and published by her and attested by Geo. W. Vanderford and James S. Vanderford.
That your petitioner, as he verily believes, is named in said Will as Executor and does now herewith surrender said Will to the Court, and pray that, after proper proceedings and proofs, it may be probated and admitted to record as the true last Will and Testament of said deceased. Your petitioner further represents that the names, ages, residences and conditions of the next of kin are as follows, to wit:
A.D. Mitchell, male, over 21 years, residing in Marion Co., Ala.; Lucinda Chapman, female, over 21 years, married to S.K. Chapman, residing in Cherokee Nation, I.T., Texanna, P.O.; Delie Nix, female, over 21 years, married to Lem Nix, residing in I.T.; Sally Musgrove, female, over 21 years, married to John Musgrove, residing in Winston County, Ala.; Walter, Carroll, Monroe, males over 21 years and George, male under 21 years, residing in Winston Co., Ala., Children of Sam Mitchell, deceased; Your Petitioner, T.F. Mitchell, male, over 21 years, residing in said county, all of sound mind. Your petitioner would further represent that G.W. Vanderford and James S. Vanderford the said attesting witnesses reside in this county and state and therefore further prays that your honor will appoint a day for the hearing of said last will and give notice thereof as the law requires to all parties in interest and do all things necessary to effect the legal proof of the same – and that you will.
The State of Alabama
Winston County
Thos. F. Mitchell, being duly sworn, deposes and says that the facts alleged in the above petition are true according to the best of his knowledge, information, and belief.
Subscribed and sworn to before me this 10th day of April 1900.
R.L. Blanton
Judge Probate Court
Winston County
Also signed:
T.F. Mitchell
The State of Alabama
Winston County
Probate Court
In the matter of the Estate of Susan Mitchell, deceased.
To the Hon. R.L. Blanton, Judge of Probate, Winston County:
The following is a full inventory of all the Goods and Chattels, Money, Books, Papers, and evidences of debt of the said Susan Mitchell, testator.
Cash on hand at time of decease - $40.00
Books, papers, and evidences of debt, due or accruing:
S.N. Farrington – Debt: Note – Due: Nov. 1st 1900 – Amount: $33.40
S.N. Farrington – Debt: Note – Due: Nov. 1st 1900 – Amount: $28.30
Isaac West – Debt: in Oct. – Due: 1st of Feb. 1900 – Amount: $2.00
T.F. Mitchell – Debt: in Oct. – Due: Nov. 1st 1900 – Remarks: In From or Front? – Amount: $117.00
T.F. Mitchell – Debt: in Oct. – Due: Nov. 1st 1900 – Remarks: Without Interest – Amount: $90.00
S.L. Cagle – Debt: in Oct. – Due: Nov. 1st 1900 – Amount: $20.00
John Musgrove – Debt: in Oct. – Due: Nov. 1st 1900 – Remarks: Without Interest – Amount: $14.00
S.K. Chapman and Lucinda Chapman – Debt: in Oct. – Due: Oct. – Remarks: Part Due – Amount: $125.00
Total amount owed: $427.70
The State of Alabama
Winston County
I, T. F. Mitchell, executor of the last will and testament of Susan Mitchell, deceased, being duly sworn, makes oath that the foregoing inventory, made by him is full and complete as to the goods and chattels, debts and money, which were of the said deceased at the time of her death, so far as the same have come to his knowledge or possessions.
Subscribed and sworn to before me this 10th day of April 1900.
R.L. Blanton
Judge Probate Court
Winston County
Signed by:
T.F. Mitchell