LAST WILL AND TESTAMENT OF McCUIN COBB

O. C. R. BOOK V p. 345
Barbour County, Al.

 

If you have additional information on this or other families in Barbour County please send them to Margie Daniels <margie@majorinternet.net>

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LAST WILL AND TESTAMENT OF McCUIN COBB

 

In the name of God amen.  I, Maccuin Cobb of the County of Barbour and State 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 personal debts are paid and discharged the residue of my estate real and personal I give bequeath and dispose as follows to wit:

 

To my beloved wife Harriett W. Cobb all my real and personal property for her use and management during her natural life and at her death all the property to be equally divided between my children that is to say provided my said wife Harriet W. remains a widow or if she marrys then the property real and personal to be divided as above directed equally between my children at such time of marriage.  Likewise I make and constitute and appoint my wife Harriett to be the executrix and Jesse Lee executor of this my last will and testament.

 

In witness whereof I have hereunto subscribed my name and affixed my seal this eleventh of January in the year of our Lord one thousand eight hundred and fifty three.

 

                                                                                                                                                                                                      McCuin Cobb

 

Signed sealed published and declared by the said MacCuin Cobb as and for his last will and testament in the presence of us who at the request of the said MacCuin Cobb and in his presence and in the presence of each other have subscribed our names and respective place of residence as witnesses.

 

Z. H. Williams   Barbour County Alabama

James W. Hunter   Glenville Alabama

Edwin Franklin   Barbour County Alabama

 

 

 

The State of Alabama, Barbour County

Personally came in open Court Edwin Franklin one of the subscribing witnesses to the written Last Will and Testament of McCuin Cobb late of said County deceased who after being duly sworn stated that he was present and saw the said McCuin Cobb sign seal and publish and declare the same to be his last will and testament he the said testator signed sealed the said will on the day it bears date in his presence and in the presence of Z. C. Williams, James W. Hunter and -----Brandon the other witnesses and in the presence of the testator and of each other on the day aforesaid as the special instance and request of the said McCuin Cobb, decd.

 

Sworn to and subscribed in open court Septr. 12th, 1853

 

 

H. D. Clayton be appointed guardian ad lit em of Joshua A., John L., Mary J., Susanna E., Walter S. G., Jesse C., Nancy S. S. S., Walton F. M., Cary L., Harriett W. S., Wm. H. C., and Augusta M. C. Cobb, minor heirs of the said McCuinn Cobb decd and afterwards, to wit, this 12th September 1853 the following proceedings were had to wit, came Harriett W. Cobb, widow of McCuin Cobb late of said County decd who says she is Executrix of the Last Will and Testament of the said McCuin Cobb decd and makes suit to this court to have the same admitted to Probate the Last Will of said decd and it appearing that heretofore to wit, on 19 July, 1853 H. D. Clayton was appointed to guardian ad lit em of Joshua A., John L., Mary J., Susanna E., Walter T. G., Jesse, Nancy S. S. S., Walton F. M., Cary L., Harriett W. L.., Wm. H. C., and Augusta M. C. Cobb, minor heirs of said decd that then only persons intended under said Will and that the said H. D. Clayton guardian has been duly notified of this application by acceptance of service of notice to appear and show cause why the same should not be admitted to probate and letters ----- thereon  ----- I have ----- to come before me -------- said will who being duly sworn and examined ----- the execution of said Will and it appearing to the Court by said testimony that the said McCuin Cobb executed the said will on the day the same bears date in the presence of the several subscribing witnesses who subscribed to same as witnesses in the presence of this special instance and request of the said McCuin Cobb and that the said testator at the time of executing the said will of the said McCuin Cobb admitted to Probate as the Last Will and Testament of the said McCuin Cobb.  It is further ordained that the same be recorded and filed.

 

Marguerite Davis

mbd1925@mindspring.com