Will of Josiah Higgins
Contributed by Glenda Cox on 4 Sep 2002
Lauderdale County, Alabama Estate Packet # 1012 - Josiah Higgins Know all men by these presents that I Josiah Higgins a Citizen of Lauderdale County Alabama, being in feble health but of sound mind and disposing memory and knowing the uncertainty of human life, and wishing to make some disposition of my property both Real and personal do make and and [sic] constitute this my last Will and Testament, hereby revoking all former Wills by me at any time heretofore made.
1st I hereby Appoint my Two Sons d. b. Higgins and Richard Higgins my Executors and having full confidence in Their integrity, desire that they be not required to give bond as Executors
2nd I disire at my death that all my Real Estate of whatever it may consist be Sold to the highest bidder for cash after giving Legal Notice of time and place of Sale also that all my personal property at my Death be sold in the same Terms and after paying all Court and other expenses out of proceeds of Sales the balance be disbursed as follows viz, That my wife Kate B Higgins Receive from Executors the sum of Five dollars ($5.00). The balance whatever it may be I will to be divided equally between my Several children Calvin Higgins, Katharine Parker, Martha J. Lindsey, Izillar Simons, Margaret Hairell, d. B. Higgins, Richard Higgins and Elender E. Tune. Signed in the presence of the following Witnesses, who after hearing this Will read signed it as Witnesses in my presence and in the presence of each other, Waterloo Alabama October the thirteenth A. D. 1890 Witnesses his Hiram Richardson Josiah X Higgins John W. Haynes mark
The State of Alabma. Probate Court. Lauderdale County. December 15th 1890.
Before me, J. J. Mitchell, Judge of the Probate Court in and for the State and county aforesaid, personally appeared John w. Haynes, one of the subscribing witnesses to the paper heretofore filed in this Court, purporting to be the last will and testament of Josiah Higgins, deceased, who being by me duly sworn upon his oath says that the paper here now shown him and hereto attached purporting to be the last will and testament of Josiah Higgins, deceased, was signed by said Josiah Higgins on the day the same bears date in his presence and in the presence of Hiram Richardson the other subscribing witness; that they signed the same as subscribing witnesses in the presence of said Josiah Higgins and at his request and in the presence of each other; that said paper was declared and published by said Josiah Higgins as his last will and testament and so understood by them all; that said Josiah Higgins at the time of signing said paper was of sound mind and disposing memory and over the age of twenty one years of and a resident citizen of said County. That said Josiah Higgins departed this life more than fifteen days prior to this date. John W. Haynes Sworn to and subscribed before me this the 15th day of December 1890