COLBERT COUNTY, ALABAMA
PROBATE - WILL
Last Will & Testament
Contributed 29 Feb 2004
by Ed Vengrouskie
Will of Thomas Spencer
The State of Alabama
I Thomas Spencer of the County of Colbert and the State of Alabama, being of sound and disposing mind, and aware of the uncertainty of life, and the certainties of death do make this my last will and testament, and do appointment well beloved wife Mrs. Ruth Spencer, Executrix of source, and direct that no bond shall be required of her to discharge the duties of such Executrix, and I do request the heirs and benefactors of this my last will to carry out the provisions of this will in peace and harmony as they respect and serve my memory.
First: To my beloved son W. S. Spencer I hereby give and bequeath Five Dollars, and direct my Executrix to pay the amount promptly when this will is probated.
Second: To my granddaughter, Sarah Nance, daughter of the late Mrs. Ella Nance, I hereby give and bequeath, Five Dollars to be promptly paid to her legal representative when this will is probated.
Third: To my grandchildren, the heirs of my late daughter Mrs. Sarah Stenny, I hereby give and bequeath Five Dollars to be promptly paid by my Executrix, to their legal representative as soon as the will goes into probate.
Fourth: To my daughter Mrs. Mary Wallis, I give and bequeath Five Dollars to be promptly paid by my Executrix as this will is probated.
Fifth: To my daughter Mrs. Julia Swinford I give and bequeath Five Dollars and direct my Executrix to pay the same promptly as this will goes to into effect.
Sixth: To my daughter Mrs. Fannie Wallis I give and bequeath Five Dollars to be promptly paid when this will is probated & request her to remain and live with my wife, and Executrix Mrs. Ruth Spencer, as she has heretofore done.
Seventh: To my grandson James Thomas Davis I hereby give and bequeath Two Hundred Dollars, to be paid to him by my Executrix when he "reaches twenty one of age" and I request him to remain and live with my wife, and Executrix Mrs. Ruth Spencer till he reaches that age, and to aid and assist her in the management of her affairs as much as he is able.
Eighth: To my well beloved wife Mrs. Ruth Spencer I hereby give and bequeath all the remainder of my property after paying above bequests and any outstanding and unpaid debts, both real and personal, including Charter to Public Ferry at Riverton, Ala. I hereby authorize her to collect all unpaid debts due to me to pay debts justly owned by me when this will goes into effect and to sell trade and dispose of any personal and real property as her own two hundred dollars only to be paid to my grandson James Thomas Davis when he attains his majority. In witness where of I bear here into my hand & seal this 23 day of May 1898.
Thomas Spencer (signed)
Geo. J. McWhorter
The State of Alabama Probate Court, October 11th 1898
In the matter of the probate of the will of Thomas Spencer deceased, Before me Fox Delaney Judge of Probate, in and for said County personally afford George J. McWhorter into open court who being by me duly sworn and examined deposes and says that he is one of the ambo arching with - uses to the instrument of writing now shown to him, and which purports to be the last will and testament of Thomas Spencer, deceased, a inhabitant of Colbert County Alabama, and that the said Thomas Spencer, deceased, signed, and executed said instrument on the day the same bears date and discharged the same to be his last will , and testament, and that affiant and R.J. Moore signatures thereto on the day the same bona fiad ,as subscribing witnesses to the same, in the presence of said testator and it his request, and that said testator was of sound mind and disposing memory, and in the opinion of deponent was fully capable of making his will at the time the same was a aforesaid that said testator was on this day of the date and making of said will, of the full age of twenty one years, and afterwards.
Subscribed and sworn to before me, this 11th day of October 1898.
Fox Deloney Judge of Probate
SOURCE: Colbert County Will Book A (1867-1903) pages 320-321.