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Capell |
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By: Billie Capell |
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Deed Bk PP:2-3 Wilcox County, AL State of Alabama ) Wilcox County ) H. S. Capell under and by virtue of the power in me as sole surviving executor and trustee (the other executor and trustee being deceased) under and in the will of Sarah Nugent purported in the Probate Court of said county of December 22, 1873 and recorded in Book of Wills No. V in said Probate Office and recorded in Book of Wills No. V, in said Probate Office on pages 463-4 of said book whereby I am vested as said surviving executor and trustee to divide the trust estate created by said will among my "children" when in my judgement of said executor and trustee I may determine it proper to make such division, and whereas, such executor and trustee, I deem it and it is my judgement, that now is the proper time to make such division of said trust estate and said estate now consisting of the following described real estate situated in Wilcox County, to wit: SE 1/4 of NW 1/4 and S 1/2 of NE 1/4 of Section 15, Township 11, Range 7, which under said power I hereby convey and set apart to DeWitt Gordon, Ethel Gordon and Harvey Gordon, the only heirs and children of Mary Gordon, my deceased daughter; East of Pursley Creek, N 1/2 of NE 1/4 and SE 1/4 of NW 1/4 of Section 14, Township 11, Range 7, which under said power I hereby convey and set apart to Willy S. Capell, Donie Dannelly, wife of P. M. Dannelly, and Thomas Ashby Capell, the only heirs and children of my deceased son Charley Capell; SE 1/4 of SW 1/4 of Section 3, NE 1/4 of NW 1/4 and W 1/2 of NW 1/4 of NE 1/4 of Section 10, all in Township 11, Range 7, which under said power I hereby convey and set apart to H. C. Capell; W 1/2 of SE 1/4 of Section 15, and NW 1/4 of NE 1/4 of Section 22, all in Township 11, Range 7, which under said power I hereby convey and set apart to Rebecca Ann Smith; N 1/2 of NW 1/4 and SW 1/4 of NW 1/4 of Section 14, Township 11, Range 7, which under said power I hereby convey and set apart to Sallie E. Dunn; the W/2 of SE 1/4 of Section 15, and NW 1/4 of NE 1/4 of Section 22, all in Township 11, Range 7, which under said power I hereby convey and set apart to Milton A. Capell; the E 1/2 of NW 1/4 of NE 1/4 and NE 1/4 of NE 1/4 of Section 10, and NW 1/4 of NW 1/4 and N 1/2 of SW 1/4 of NW 1/4 of Section 11, all in Township 11, Range 7, which under said power I hereby convey and set apart to Katie M. Cook; the S 1/2 of NE 1/4 and SE 1/4 of NW 1/4 of Section 10, Township 11, Range 7, which under said power I hereby convey and set apart to R. E. L. Capell; the S 1/2 of SW 1/4 of NW 1/4 and W 1/2 of SW 1/4 of Section 11 and E 1/2 of SE 1//4 of SE 1/4 of Section 10, all in Township 11, Range 7, which under said power I hereby convey and set apart to Lucy C. Duke; the W 1/2 of NE 1/4 and NE 1/4 of NW 1/4 of Section 15, Township 11, Range 7 east of Pursley Creek, which under said power I hereby convey and set apart to R. Spratley Capell. The foregoing being the divison of said trust estate among my children and the children of my deceased children under said power in me vested by said will, and the respective parts as above set forth to nine of said grantees, being to one of my children or the children of my deceased child, to have and to hold to each of said grantees, their heirs and assigns in fee simple forever as his or her several part or portion where set apart to any of my children, and as to each part to the children of my deceased children, as their separate joint portion or part of said trust property, free and discharged from all right and interest, and title of any other of my said children and of any other of my said children or of any said deceased children. Witness my hand and seal on this the 9th day of July A.D., 1906. Attested in the presence of H. S. Capell (SEAL) J. S. Barley Z. G. Nettles Recorded 12 August 1909. Deed Bk PP:4 & 5 Wilcox County AL State of Alabama ) Wilcox County ) Know all men by these presents that I H. S. Capell under and by virtue of the power in me vested as sole surviving executor and trusteee (the other executor and trustee being deceased) under and in the will of Sarah Nugent probated in the Probate Court of said county on December 22, 1873, and recorded in Book of Wills No. V in said Probate Office on pages 463-4 of said book, whereby I am invested as said surviving executor and trustee to divide the trust estate created by said will among my "children" when in my judgement as such executor and trustee I may determine it proper to make such division, and ewhereas such executor and trustee, I deem it and it is my judgement, that now is the proper time to make such division of said trust estate and said estate now consisting of the following described real estate situated in Wilcox County, Alabama, to wit: SE 1/4 of NW 1/4 and S 1/2 of NE 1/4 of Section 15, Township 11, Range 7, which under said power I hereby convey and set apart to DeWitt Gordon, Ethel Gordon and Harvey Gordon, the only heirs and children of Mary Harvey Gordon, my deceased daughter; (east of Pursley Creek) the N 1/2 of NE 1/4 and SE 1/4 of NW 1/4 of Section 14, Township 11, Range 7, which under said power I hereby convey and set apart to Willy S. Capell, Donie Dannelly, wife of P. M. Dannelly, and Thos. Ashby Capell, the only heirs and children of my deceased son Charley Capell; the SE 1/4 of SW 1/4 of Section 3, the NE 1/4 of NW 1/4 and W 1/2 of NW 1/4 of NE 1/4 of Section 10, all in Township 11, Range 7, which under said power I hereby convey and set apart to H. C. Capell; the W 1/2 of SE 1/4 of Section 15 and NW 1/4 of NE 1/4 of Section 22, all in Township 11, Range 7, which under said power I hereby convey and set apart to Milton A. Capell; the E 1/2 of NW 1/4 of NE 1/4 and NE 1/4 of NE 1/4 of Section 10 and NW 1/4 of NW 1/4 and N 1/2 of SW 1/4 of NW 1/4 of Section 11, all in Township 11, Range 7, which under said power I hereby convey and set apart to Katie M. Cook; the S 1/2 of NE 1/4 and SE 1/4 of NW 1/4 of Section 10, Township 11, Range 7, which under said power I hereby convey and set apart to R. E. L. Capell; the S 1/2 of SW 1/4 of NW 1/4 and W 1/2 of SW 1/4 of Section 11 and E 1/2 of SE 1/4 of SE 1/4 of Section 10, all in Township 11, Range 7, which under said power I hereby convey and set apart to Lucy C. Duke; the N 1/2 of NE 1/4 and NE 1/4 of NW 1/4 of Section 15, Township 11, Range 7, east of Pursley Creek, which under said power I hereby convey and set apart to R. Spratley Capell. The foregoing being the division of said trust estate among my children and the children of my deceased children under said power in me vested by said will, and the respective parts as above set forth to to each of said grantees, being to one of my children or the children of my deceased child, to have and to hold to each of said grantees, their heirs and assigns, in fee simple forever as his or her several part or portion where set apart to one of my children, to to each part the children of my deceased children, as their separate joint portion or part of said trust property, free and discharged from all right and interest, and title of any other of my said children and of any other of my said children of my said deceased children. Witness my hand and seal on this the 9th day of July, A.D. 1906. Attested in presence of H. S. Capell (SEAL) J. A. Barclay or Barley Z. G. Nettles Recorded 6 September 1909 (Note: These deeds seem to be identical. They are, however, recorded twice as shown by the above page numbers. BRC) EsTATE OF SARAH NUGENT, DECEASED Will Bk V:464 Wilcox County , AL State of Alabama ) Wilcox County ) Probate Court of said County In the matter of the probate of the last will and testament of Sarah Nugent, dec'd. Before me, Jno. T. Cook, Judge of Probate of the said Court personaly appeared Pauline A. Eslava and R. H. Dawson who having been by me first respectively duly sworn and examined did and do depose and say on oath that they are each subscribing witnesses to the instrument of writing now showed to them and which purports to be the last will and testament of Mrs. Sarah Nugent, late an inhabitant of this County, that said Mrs. Sarah Nugent since deceased signed and executed said instrument on the day the same bears date and declared the same to be her last will and testament and that affiants set their signatures thereto on the day the same bears date as subscribing witness to the same in the presence of the said testator and in the presence of each other: That said testatrix was of sound mind and disposing memory and in the opinion of deponents fully capable of making her will at the time the same was so made as aforesaid. Affiants further state that said Testatrix was on the day of the date of said will of the full age of twenty one years and upwards. Sworn to and subscribed P. A. Eslava before me this 22 day of R. H. Dawson December 1873 Jno. T. Cook Judge of Probate -------------------------------------------------------------- Probate Minutes Bk 21: pp. 197, 201, 202 Wilcox County , AL December 10, 1873 Estate of Sarah Nugent This day came W. N. Capell and H. S. Capell and filed their petition in writing and under oath, therewith producing and filing in this court an instrument of writing purporting to be the last will and testament of Sarah Nugent, deceased, and praying for such orders, decrees and proceedings as may be proper and required for the due probate and record of said will in this court, which said instrument appears to be attested by R. H. Dawson and Pauline A. Eslava of this county and who are alleged to have signed the same as subscribing witnesses thereunto. And it appearing to the court from said petition that said petitioners are two of the next of kin of said deceased, who are her only children. It is therefore ordered by the court that the 22nd day of December 1873 be set as a day for hearing testimony in proof of said instrument as such will. That said R. H. Dawson and Pauline A. Eslava be subpoened to be and appear on said 22nd day of December 1873 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 said W. N. Capell and H. S. Capell be notified of this proceeding and of the day above set for hearing the matter by subpoena to serve upon them two days before the said date above appointed for hearing said application. It is further ordered that said petition be recorded and the same is in words and figures as follows, to wit: State of Alabama ) Wilcox County ) To Honorable John T. Cook, Judge of the Court of Probate The petition of W. N. Capell and H. S. Capell respectively represents unto your Honor that the late Mrs. Sarah Nugent, who was an inhabitant of this county at the time of her death, departed this life on the 23rd day of November 1873 in this county, leaving assets in this county, leaving a last will and testament duly signed and published by her and attested by Pauline A. Eslava and R. H. Dawson, who rside in this county and which will your petitioners are named as the executors thereof, which said will is hereto produced to your Honor and propounded for probate and record in this court. Your petitioners further state that the next of kin of said decedent are your petitioners, who are her children. In consideration of all which your petitioners pray that a day may be set for the hearing of the matter of the petition, that subpoena may be issued to bring in said subscribing witnesses to certify on said appointed day, and that such other proceedings may be had in the premises, as may be necessary to effect the due probate and record of said will according to law. Respectfully, W. N. Capell H. S. Capell by Cochran & Dawson, his attorneys State of Alabama ) Wilcox County ) Before me, J. T. Cook, Judge of Probate in and for said county personally came R. H. Dawson, who being duly sworn says that the contents of the foregoing petition are true to the best of his knowledge, information and belief. R. H. Dawson Sworn to and subscribed before me this 10th day of December 1873 John T. Cook, Judge of Probate
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