Will of Robert M. Nicholson,
dec'd
(Transcribed & Submitted by Sunni Montgomery 2005)
Day set to hear Petition to Probate
January 11, 1887 Lawrence County, Alabama
This day came Martha Ann NICHOLSON and filed her petition in
writing and made oath therewith producing and filing in this
Court an instrument of writing, purporting to be the last Will
and Testament of the said Robert M. NICHOLSON deceased and
praying for such orders, details and proceedings as may be proper
and required for the due Probate and record of said Will in this
County which said instrument appears to be attested by W. J.
WHITE and W. D BORDEN of this County, who are alleged to have
signed the same as subscribing witnesses thereunto.
And it appearing to the Court from said Petition that the next of
kin to said decedent are as follows to wit:
1. Jane NICHOLSON, widow of said decedent who resides in this
County.
2. The children of William NICHOLSON, deceased who was a son of
said Robert M. NICHOLSON deceased, to wit: Alvira NICHOLSON,
Joseph NICHOLSON, Balzora NICHOLSON and Lover NICHOLSON all of
whom are of full age and reside in this County.
3. Mary Jane SANDLIN, daughter of decedent who is of full age and
resides in this County.
4. Penelope M. WEAR a married woman and wife of James H. WEAR,
both of who are of full age and reside in this County.
5. Henry NICHOLSON, child of decedent who is of full age and
resides in Veriona, Lee County, Mississippi.
6. Lucinda IRWIN, a child of decedent and who is a married woman
and wife of Jenkins B. IRWIN both of whom are of full age and
reside at Stevens, Rusk County, Texas.
7. *Mahalia MONTGOMERY, child of decedent who is a married woman
and the wife of Val MONTGOMERY, both whom are of full age and
reside at Jacksonville, Arkansas.
8. The children of Sallie DRAIN deceased, who was a daughter of
decedent to wit; Sallie DRAIN and Henry DRAIN, both minors under
the age of 21 years and both reside in this County.
9. Your Petitioner Martha A. NICHOLSON, a child of decedent who
is of full age and resides in this County.
It is therefore ordered that the 28th day of February be set as a
day for hearing testimony in proof of said instrument as such
Will; the W. J. WHITE and W. D. BORDEN be subpoenaed to be and
appear on said day in and before this Court to testify and give
evidence of and concerning all and any facts touching the
question of the validity of said instrument as such Will.
That notice of the day set for hearing the matter be given to
Jane NICHOLSON, Alvira NICHOLSON, Joseph NICHOLSON, Balzora
NICHOLSON, Lover NICHOLSON, Mary Jane SANDLIN, Penelope M. WEAR
and James H. WEAR at least ten days before said 28th day of
February 1887, by citation to be served upon them personally, and
that said Henry NICHOLSON, Lucinda IRWIN, Jenkins B. IRWIN,
Mahalia MONTGOMERY and Val MONTGOMERY be notified and brought
into Court as parties to this proceeding, by publication once a
week in the Moulton Advertiser a newspaper published in this
County.
That D. LYNCH be and he is hereby appointed guardian ad litem to
be present and protect the interest of Sallie DRAIN and Henry
DRAIN, minors and children of Sallie DRAIN deceased on in hearing
of said petition.
* Note
The Mahalia Montgomery mentioned in this record was Elizabeth Mahalia NICHOLSON married to William Luke Valdora “Val” Montgomery 12 September 1867 Lawrence County, Alabama. The marriage record, which lists her as Elizabeth M. Nicholson, appears to show M. L. V. Montgomery and that is in error. See below census record:
Census Place Township 7, Moulton,
Lawrence, Alabama, 1880
Family History Library Film 1254018
NA Film Number T9-0018
Page Number 426D
W.
L. V. MONTGOMERY Self M Male W 34 AL Farmer AL AL
Elizabeth
MONTGOMERY Wife M Female W 34 AL Housekeeping KY TN
Percy
I MONTGOMERY Son S Male W 12 AL AL AL
Elizabeth
N MONTGOMERY Dau S Female W 9 MS AL AL
William
W. MONTGOMERY1 Son S Male W 6 MS AL AL
E.
J. MONTGOMERY Son S Male W 4 MS AL AL
C.
V. MONTGOMERY Dau S Female W 1 AL AL AL
Val is the son of Jackson Craig Montgomery and Permelia Parks Hargrove of Lawrence County, my 3rd g grandparents. The 1850 and 1860 Lawrence County census records list him as William in the HH of J. C. Montgomery and wife Permelia.
Robert M. Nicholson’s middle name was Moore and he was an elder in the Old Prospect Church. AKA Cumberland Presbyterian. Source used was the handwritten pages of the Church Minutes located in the Lawrence County Archives, Moulton, Alabama.