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Wills, Letters & Legends

Last Will & Testament of Henry Hume Leland,

Transcribed by Richard McLester Leland III;  from will copied at Tuscaloosa County Courthouse on 1 May, 2000.



 
 
 
 
 

Tuscaloosa, Alabama
November 16, 1944
I, Henry Hume Leland, of the City of Tuscaloosa, County of Tuscaloosa, State of Alabama, being of sound mind, make this my last will and testament - After the payment of my just debts and funeral charges, I devise and bequeath as follows: -
1st.     To Henry Hume Leland Jr.; as Trustee for Frederick Thomas and Annie Eugenia Thomas, the following real estate - House and lot # 2640 - 18th St. - Lot 5 Blk. 2 - J. F.Alston Sub in Resurvey of Blk. 351 T.C. I & L Co.- House and Lot # 825 - 17 St. - Lot No. 8 in Block 358 T.C.I. & L Co Survey - House and Lot # 2613 - 21st St - Part of Lots # 6 & # 7  Block 522 - T C I & L Co. Survey - House and Lot - Lot # 3 Block 6 - Kennedy Addition in NW ¼ of SW¼ -
2nd = All the Rest and Residue of my property and estate - both Real and personal -
Situated in Tuscaloosa County, Alabama - Orange County, Florida - Lot 12 Block 14
Sec. 1 Map 361 2nd Ward Div. A - Southhampton, N.Y. - Jackson County, Miss - To Henry Hume Leland, Jr. and Henry Hume Leland, Jr. as Guardian for Henry Hume Leland the III - and Catherine C Leland -  I hereby nominate Henry Hume Leland Jr. and Catherine C Leland to be executors of this my will and request that they Shall be exempt from giving a surety or Sureties on their official bond - I request that they may not be compelled to give any Bond or Security as such Executors or as Guardian, and that they may handle the real & Personal Estate as they may think best and pay debts without being compelled to account to the County or any other Court-
In witness whereof, I have hereunto subscribed my name and affixed my seal the Sixteenth day of November in the year of our Lord One Thousand nine Hundred and forty four-
                                                    Henry Hume Leland      (Seal)
(over)
This Instument was on the day of the date thereof signed, published and declared by the said testator Henry Hume Leland to be his last Will and Testament, in the presence of us who at his request have subscribed our names thereto as witnesses, in his presence, and in the presence of each other -
Witness                      S. T. Hardin   M. D
                                   Ruth Young
                                                                                                                                        Recorded before
Filed Sept. 17 1948                                                                              being probated Oct. 15, 1948
Chester Walker  Judge of Probate                                    Chester Walker, Judge of Probate
Tuscaloosa County, Alabama

Recorded before being probated in Will Book # 13 page 109, Oct 15, 1948
                                                                        Chester Walker, Judge of Probate

The State of Alabama
Tuscaloosa County
                                                                    In The Probate Court
I, Chester Walker, Judge of Probate Court in and for Tuscaloosa County Alabama, hereby certify that the instument of writing hereto attached which purports to be the Last Will and Testament of Henry Hume Leland, deceased, has on this 15th day of October 1948 been duly and legally proven to be the true, genuine, and legal last Will and Testament of the said Henry Hume Leland Deceased, that the said will has been admitted to probate and record in the said Probate Court of Tuscaloosa County, Alabama, and that the said will and also proof have been duly and legally recorded in the Probate records of Tuscaloosa County, Alabama in Will Book No 13 page 110.
Given under my hand and official seal this October 15th 1948

Chester Walker       (Seal)
Chester Walker, Judge of Probate

The State of Alabama  Tuscaloosa County
                    Probate Court
Oct. 15, 1948
In the Matter of the Estate of Henry Hume Leland, Deceased.
    Present, Hon. Chester Walker, Judge of Probate.
Before me, Chester Walker, Judge of Probate, in and for said County, personally appeared in open Court   Ruth Young, who, having been by me first duly sworn and examined, did depose and say on oath, that she is a subscribing witness to the instument of writing now shown to her and which purports to be the last will and testament of Henry Hume Leland deceased, late an inhabitant of this County, that said Henry Hume Leland signed and executed said instument on the day the same bears date, and declared the same to be his last will and testament, and that affiant set her signature thereto on the day the same bears date as a subscribing witness to the same in the presence of said Henry Hume Leland and of S. T. Hardin, M. D. and that such other witness subscribed his name as a witness in her presence and in the presence of said Henry Hume Leland
That said Henry Hume Leland was of sound mind and disposing memory, and in the opinion of the deponet fully capable of making his will at the time the same was so made as aforesaid - Affiant further states that said Henry Hume Leland was on the day of the said date of said will of the full age of twenty-one years and upwards.
Ruth Young.   (L.S.)
(L.S.)
(L.S.)
Filed Oct 15 1948
Chester Walker, Judge of Probate
Tuscaloosa County, Alabama

Sworn to and subscribed before me this October 15, 1948

Chester Walker
Judge of Probate


 
 
 

State of Alabama
Tuscaloosa County                                                Probate Court

To Mrs Jane Dishuck, Tuscaloosa, Tuscaloosa County, Alabama,
Greetings:
            Know ye, That, we, reposing confidence in your integrity, skill and ability, have appointed you Commisioner to take the testimony of S. T. Hardin, M. D. of Tuscaloosa County, Alabama, a material witness in the matter of the application of Henry Hume Leland, Jr. and Catherine C. Leland to admit to probate an instument purporting to be the Last Will and Testament of Henry Hume Leland, deceased, now pending in the Probate Court of Tuscaloosa County, Alabama, and we hereby authorize and empower to call and cause to come before you S. T. Hardin, of Tuscaloosa County, Alabama, the said witness and take his deposition on oath in proof of the said will of Henry Hume Leland, which deposition, when so taken, shall be signed by said witness and certified by you, and you are further commanded, the deposition, when so taken, with this Commission, to return under your hand and seal to the Judge of Probate, Tuscaloosa County, Alabama, with all convenient speed.
                        Witness my hand this 15 day of October, 1948.

Chester Walker
Judge of Probate
Filed Oct. 15, 1948
Chester Walker, Judge of Probate
Tuscaloosa County, Alabama

State of Alabama,
Tuscaloosa County,
In The Probate Court of
Tuscaloosa County, Alabama
The Petition for Probate of
the Will of Henry Hume Leland,
deceased.

Deposition Taken Before Commissioner
     On Oral Examination

Oral examination before the Commissioner of the following witness

S. T. Hardin,  M.D.
who resides in Alabama, said examination being conducted in Tuscaloosa Tuscaloosa County, Alabama, on this the 15th day of October, 1948 and there being present Thomas W. Christopher.
    The said witness being first sworn to speak the truth, the whole truth and nothing but the truth, testified as follows:
    My name is S.T. Hardin.  I am a physician and have practiced in Tuscaloosa County for more than twenty years. I was acquainted with Henry Hume Leland during his lifetime.
    I am a subscribing witness to the instument writing now shown to me which purports to be the last will and testament of Henry Hume Leland, deceased, late an inhabitant of this County, said instument bearing the date:  November 16, 1944.  Said Henry Hume Leland signed and executed the said instument on the day the same bears date, and he declared the same to be his last will and testament.
    I set my signature thereto on the day the same bears date as a subscribing witness to the same in the presence of said Henry Hume Leland and of Ruth Young.  Ruth Young, the other witness, subscribed her name as a witness in my presence and in the presence of said Henry Hume Leland.
    Said Henry Hume Leland was of sound mind and disposing memory, and in my opinion fully capable of making his will at the time the same was so made as aforesaid.  And said Henry Hume Leland was on the day of said will the full age of twenty-one years and upwards.
 
  S. T. Hardin  MD (L.S.)
    I, Jane Dishuck, as Commissioner, appointed by the Probate Court, hereby certify that the foregoing deposition on oral examination was taken down by me in writing in the words of the witness and read over to him and he signed the same in my presence at the time and place herein mentioned, that I have personal knowledge of the personal identity of the said witness, or had proof made before me of the identity of said witness; that I am not of counsel or of kin to any of the parties to said cause; or in any manner interested in the result thereof.
    Given under my hand and seal this the 15th day of October, 1948.
Jane Dishuck   (L.S.)
Commissioner
Filed.  Oct. 15, 1948
Chester Walker, Judge of Probate
Tuscaloosa County, Alabama

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