Winston County Probate Record 1847-1849
pages 71 thru 76
In the matter of a certain Instrument of writing purporting to be the last will and testament of John S. Savage,Dec'd Probate court February term, A.D. 1848 On reading and filing the a certain Instrument of writing, purporting and alleged to be the last will and testament of John S. Savage late a resident of this county deceased. And for Letters Testamentary thereupon, and on taking and reading the testimony of Issac Easterly and Jas A. Savage subscribing witnesses thereto, the Court after hearing all and singular the proofs and allegations addvanced, prefered and submitted, and maturely considering the same, being now satisfied that said Instrument is full and legally established as the true and original last will and testament of the said John S. Savage deceased. And that the said John S. Savage was on the date of said will, that is to say on the twenty fifth day of March A.D. eighteen hundred and forty seven of lawful age to demise, and of sound disposing mind memory and understanding and of right and in law entitled to make said will. It is therefor considered, Ordered, Adjudged and Decreed that the said Instrument of writing be admitted to Probate and recorded as the true and original last will and testament of the said John S. Savage deceased. And whereas by the last clause of the said last will and testament the said Ann H. Savage is appointed and nominated the Executrix of the said last will and testament, without being required to give security as such Executrix. And it is further considered, ordered and decreed on motion of said Ann H. Savage that Letters Testamentary of said last will and testament be granted to her the said Ann H. Savage on her taking the oath prescribed by the statute. And the said Ann H. Savage Executrix named and appointed in the said last will and testament, having now appeared in open court and taken the oath prescribed by law. Letters Testamentary of said last will and testament are therefor now accordingly granted to the said Ann H. Savage and ordered to be issued and recorded according to statute.
Petition to the Honorable William B. Smith, Judge of the Probate Court of the County of Winston in the State of Mississippi. Respectfully represents the petition of Ann H. Savage of said county that sometime in the month of December last, John S. Savage late of said county departed this life leaving a last will and testament duly signed published and attested as your petitioner believes and which she in pursuance of the statute herewith presents to your honor for Probate, that said will is subscribed by Isaac Easterly, James A. Savage and Eleanor J. Atkins as witnessed to the signature and publication thereof all of whom except Eleanor J. Atkins reside in said county. That said Testator in his said last will and testament nominated and appointed you sole Executrix thereof without being required to enter into bond or give security in the premises. In consideration whereby and to the end that the said last will and testament may be performed as aforesaid, your petitioner prays that the said lst will and testament may now be admitted to Probate and record, and that Letters Testamentary may be granted to your petitioner on her taking the oath prescribed by law, and your petitioner as in duty bound will every ( I am not able to read this last word it looks like praifte).
Sworn to and subscribed before me this 7th Febry A.D. 1848
Will
The last will and testament of me, John S. Savage, of the county of Winston in the state of Mississippi
First. I direct that all my just debts and funeral and testimentary expenses may be paid by my Executrix hereinafter named with all convient speed after my decease: And I do hereby subject, charge, and make liable all and every my real and personal estate and effects whatsoever and wheresoever, to and with the payment of the same, and of the legacies hereinafter bequested accordingly.
Second. I will and direct that all the meat, flour and provisions of every kind which shall be and remain in my dwelling house at the time of my decease, shall be appropriated to the use of my family and that the same shall not be inventoried by my Executrix or any account taken thereof in the settlement of my estate.
Third. I give and bequeath to my wife Ann H Savage for and during her natural life, all of my household goods and furniture and all stock of horses, cattle, hogs, farming utensils and all my real estate.
Fourth. I desire my wife Ann H. to sell any or all of the above named property both real and personal either at private sale or otherwise as she shall deem most conducive to the interest of my estate for the payment of my debts or the support of my family and if my said wife should sell my real estate it is my desire that she purchase with the proceeds of the same a place for a home for herself and my minor children where she thinks proper.
Fifth. I give and bequeath to my two daughters Ann Adeliza and Mary Emily when they respectively arrive the age of eighteen years or marry, a horse, saddle & bridle with one hundred and twenty five dollars. And a bed and furniture worth twenty five dollars, or the sum of one hundred and fifty dollars to each respectively, to be paid by my Executrix herein after named, out of the effects of my estate, provided that there shall be a sufficiency left of my estate after the payment of my just debts & funeral & testamentary expenses. And provided that there shall be a sufficiency of my estate left for the support of my wife during her natural life.
Sixth.I desire that should my wife Ann H. marry that my property of every kind be equally divided between my said wife Ann H. and my son James A. & my daughters Elenor Jane Atkins, Ann Adaliza & Mary Emily share and share alike. And in case that my wife Ann H, does not marry I desure that all my estate after the payment of any debts and the legacies herein before sepcified remain in her possession until her death to be equally divided between my then surviving children or the natural heirs of them, share and share alike.
Seventh. I do hereby declare that all deeds, mortgages and other instruments of writing, which may be executed by my Executrix hereinafter named in the proper execution of the trusts in this will contained shall be good, valid and binding in law as to all parties in any manner concerned therein.
Lastly. I do hereby nominate and appoint my wife Ann H., Executrix of this my last will and testiment with full power to act in the premises without being required to give security as such Executrix. In witness whereof I have hereunto set my hand and seal this twenty fifth day of March A.D. Eighteen hundred and Forty Seven.
Sworn and subscribed in open court the 7th day of February A.D. 1848
The State of Mississippi
Winston County
By the Probate Court of said county whereas John S. Savage, deceased, late or said county made in his life time, his last will and testament which at a term of our said court, begun and held at the courthouse of said county, on the first monday in the year of our Lord one thousand eight hundred and fourty eight, was proved, approved, and admitted to record in said county, and Probate thereof, granted to Ann H. Savage the Executrix thereof and threin appointed and the said Ann H. Savage having come plied with the provisions of said will and the _____in such case made and provided. Therefore to the intent that the said will may be well and truly performed we do give, grant, and commit unto the said Ann H. Savage, the administration of all and singular the goods, chattels and credits of and belonging to the estate of the Testator with full power to take the same into her hand and possession, and to act, levy, recover and receive the same wherever they may be in this state thereby requiring and enjoining upon the said Executrix to make a true and perfect inventory, of all and singular the said goods, chattels and credits which have or come to her hand, possession or knowledge, of into hands or possession of any other person or persons for .......the said inventory to our said court within time limited by law, to well and truly administer said goods, chattels and credits according to law, to make a just and true account of her actings and doings and when thereto required by our said court and to well and truly pay and deliver all the legacies contained and specified in the said will, so far as the said goods, chattel, and credits, according to the term of the said last will and testament, and the true intent and meaning of the said Testator, by virtue of these presents.
[legal seal] Witness the honorable William B. Smith, Judge of Probate of said county, at the court house therefor on the first monday of February in the year of our Lord one thousand eight hundred and forty eight, and of the Independance of the United States the seventy second. Issued and recorded the 10th day of February A.S.
State of Mississippi
Wisnton County
I Erastus Huntley, clrek of the Probant Court in and for said county do hereby certify that the forgoing orders, petition, will & letters testamentary were all duly recorded on the 10th day of February A.C. 1848.
Erastus Huntley, Clerk
Winston County Probate Record 1847-1849 page 356-364
In the matter of the settlement of the Probate Court February
Estate of John S. Savage, deceased term A.D. 1849
The first annual account of Ann H. Hamill (formerly Ann H. Savage) Executrix of the Last will and testament of John S. Savage deceased having at this term of this Court been filed and presented for audition and allowance and the Court now here having audited and examined the same and caused it to be properly and being now satisfied that the same is in all things correct and that all the charges therein contained and for which allowance is craved are duly supported by proof for and valid vouchers. It is therefor ordered by the Court that said account exhibiting a balance of fifty four & 12/100 dolllars, and said executrix for said Estate be and the same is hereby and allowed to be recorded.
Annual account of Ann H. Hamell Executrix of John S. Savage, deceased. Ann H. Hammell Executrix of the Last will and testament of Jno S. Savage, dec'd charges herself with the following amounts recieved by her and not heretofore accounted for and charged. To cash realized fromcotton on hand at the death of decedant $66.04
To cash from John not heretofore charged $1.00
Total in the year 1848 received $13.04
All of which is respectfully submitted July 2 of 49
Ann H. Hamill Executrix of the Last will and Testament of Jno S. Savage deceased craves an allowance for the following sums of moneydisbursed by her for and on account of said extate and not heretofore allowed
To this amount paid Jas Bellutt on debt of the estate $36.04
To the amount paid Robt. H. Brown on debt of the estate $30.00
To the amount paid C. William Lowery $20.62
To the amount paid to P. Crawford (by asignment to me $15.00
To the amount paid to Mr. Pinion on debt of the estate $5.00
To the amount paid to Mrs. Sarah Nabors on debt of the estate $4.50
To the amount paid Jno. Bevil on debt of the estate $16.00
Total expenditures for 1848 $127.16
All of which is respectfully submitted Feby 2 of 49
The State of Mississippi
Winston County
Personally appeared before me, Erastus Huntley Clerk of the Probate Court in and for the county aforesaid Ann H. Hamil (formerly Ann H. Savage) who being duly sworn deposeth and saith that the foregoing account as stated is just true and correct.
Sworn & subscribed to before me in open court this 20th day of Febyary A.D. 1849.
The State of Mississippi
Winston County
Probate Court
February term A.D. 1849
To the Honorable Wm B. Smith Judge of said Court. Ann H. Hamill formerly ann H. Savage Executrix of the late will testament of John S. Savage late of said county deceased. Now here presents to your Honor the following report exhibit and schedule of the property sold by whom purchased and the price bid for the same at the sale of the goods and chattels of her testator the 26th day of Febuary A.D. 1848 at the lste residence of said testator in said county and prays that the same may be received allowed and approved by your Honor as her report in this behalf.
1 Wagon to M.S. Kellum $50 00
1 lot of ploughs to M.S.Kellum $ 5 00
1 cow & calf & colt to Fred Bagwell $70 75
1 horse & lot of hogs to John Shaw $50 00
2 cows & calves to A.F.Nabors $19 00
1 lot of hogs & yearlings to Jas A Savage $18 38
1 hog 1 cow & calf toC.W.Montgomery $11 00
Total amount $224.63 All of which is respectfully submitted and prayed to be allowed and approved by your Honor Febuary 26th A.D. 1849
(signature) Ann H. Hamill Exetrix
The State of Mississippi
Winston County
Personally appeared Ann H. Hamill before me Robert S. Hudson an (???) Justice of the peace in and for said county who being first duly sworn deposes & says that the above report is true, full, and correct as set forth, that the sale was conducted on the day there in mentioned & at the place specified and was well orderly fairly and in good faith made & done in (???) and according to law as affiant verily believes, and the articles sold went for as much as the same would and these command and that some thirty persons present and in attendance upon said sale.
Sworn to & subscribed before me. This 20th day of Febuary A.D. 1849
Robert S. Hudson (seal)}
Justice of the peace
(signature) Ann H.. Hamill
The State of Mississippi
Winston County
Probate Court to wit: Feby Term A.D. 1849
To the Honorable William B. Smithsole and presiding judge of the Court aforesaid in the County of Winston in said state of Mississippi. The petetion of James Hamill Executor in right of his wife and Ann H. Hamill Executrix of the last well and testament of John S. Savage late of said county deceased respectifully presents unto you honor that since the death of the said testator the probate of his said last will and testament and the grant of letters testementary thereon by your honor and before the filing of this petition Ann H. Savage the widow of said testator & executrix of the last will and testament to wit: on the 2nd day of January A.D. 1847 at to wit: in said county intermarried with James Hamill of said county and is now the wife of the said James Hamill. That the said testator died (???)in his own right of about two hundred and fourty acres of land *(the deed recorded on page 152 of deed book J states that James G. Weeks sold xxxx to John S. Savage for $607.50.This land actually totals 200 acres) designated as follows to wit: The south half of the southwest quarter of section two (2) the southeast fourth of the southwest fourth of section eleven (11) the south half of the east half of the southeast quarter of section three(3) and the northeast quarter of the southwest quarter of section eleven (11) all in twonship sixteen (16) north of Range twelve (12) east lying and being in the state and county aforesaid and in the Columbus Land District, that by the provisions and requisitions of the said testator in his last will and testament the said land enures to the benefit of one of your petitioners formerly Ann H. Savage, widow of the said testator but now Ann H. Hamill wife of James Hamill during her natural life or widowhood, charged & subjection to the just debts and liabilities of the said testator and at her death to be equally divided among the children of the said testator mentioned in his said last will testament. Should his said widow marry which event has now occured then the said lands were to be disposed of in the manner aforesaid as though she was dead. Except that said Ann H. is entitled to one equal share as the same will more fully appear to the Court. The same being now here of record in this court and reference being thereto had. And your petitioners alledge and represent unto your honor that the said Estate is considerably in debt and embarraced and that sale of the said lands will be necesary in order satisfy and dischare the out standing debts and liabilities of the estate. The same being a charge upon said lands by the provisions of the will of the said testator, and your petitioners further represent unto your honor that the said estate cannot be equally divided in kind and value between the heirs of the said testator. And further that a sale of the same will be condusive tot he intent and beneficial to the heirs of said estate. Your petitioners therefore pray your honor grant unto them an order of sale of the lands aforesaid belonging to said estate for the purpose of paying off the debts of aforesaid estate and for distribution among the several legaters thereof and for the benefit of said legaters. That said order direct the sale of said land to be on the premisis at the residence of said testator at such time as your honor shall direct. and to the highest bidder at public auction on ?? it of one and two years. And your petitionrs further represent that Elanor J. Atkins and her husband Joseph Atkins of Neshoba County and state aforesaid, James A. Savage, Ann Adaliza, & Mary E. Savage, and your petittionersare the only legaters and heirs of said Estate. And all of them reside in the county of Winston and state aforesaid except the Jos Atkins & his wife and that all of therm are of age except Ann Adaliza & Mary E. who are still minors, and for whom your petitioners pray your honor to grant or appoint a gardian ad litem and that your honor cause citation to be issued and served upon said heirs and legaters, and the gardian as litem appointed for the said minors citing them to appear at the court house in the town of Louisville in the stated county first aforesaid on the 3rd monday of march, 1849. ?? the next term of thei court then and there to show cause if any they can, why the said order of sale should not issued as preyed for in this petition. And your petititons further represent unto your honor that the said will and testament exhonorate Ann H. one of your petitioners and the executrix of the said last will and testament from giving andy security for her official acts in the premisis and pray that no security will now, be required of your petitioners in this proceeding and to grant unto your petitioners such other and further relief as to your honor shall seem meet and your petitioners as in duty bound will ever pray.
Sworn to & subscribed before me this 20th day of February A.D. 1849
Petition granted April Term 1849
(The judge appointed Hiram G. Woodruff as the gurdian ad listem for Ann Adaliza and Mary E)
Created on ... March 16, 2005