William Ananais Newton Estate

Contributed by Peggy Joice Horton, Nov 2001
 

Note by Submitter: WILLIAM ANANIAS NEWTON was the son of WILLIAM E. and RUTHA (SPRINGER) NEWTON and was married to MARY ANN SPRINGER, the daughter of JOHN N. and SARAH ANN “Sally” (COMER) SPRINGER.
         

The name of my grandmother, Rosa Ella JOICE, was spelled as “JOYCE” in the probate documents – except when she signed the citation notifying her of the “Day Set for Hearing Probate of Will”. There she wrote her name as “JOICE”.

 

LAST WILL AND TESTAMENT of
WILLIAM ANANIAS NEWTON

The State o f Alabama}
Lauderdale C o u n t y}
                                   I, WILLIAM A. NEWTON, of Lexington, County of Lauderdale, and State of Alabama, and over the age of twenty one years, being of sound mind and disposing memory do hereby make and publish this my last will and testament, revoking all former wills by me at any time heretofore made.
         

First.     I will that all my just debts and funeral expenses shall be paid by my executor as soon after my decease as practicable.
         

Second.    I will and devise to my son J. J. NEWTON a certain tract of land now owned by me described as follows to wit, twenty acres of land bounded on the east by lands of SAM PORTER, on north by lands of HARDY SMITH on west by lands of BEN GRAY, and on south by lands of BEN GRAY.
         

Third.     I will and devise to my daughter ROSA ELLEN JOYCE thirty seven acres of land described as follows, to wit,  bounded on west  by A. L. PHILLIPS, on south J. H. BELEW, on east by SAM NEWTON, and on the north by J. B. NEWTON.
          

Fourth.     I will and devise to W. T. NEWTON the homestead I now occupy, comprising two and one half acres, with all the buildings and improvements thereon except the store  house I now occupy.
         

Fifth.     I will, devise and bequeath to my three children, W. T. NEWTON, ROSA ELLEN JOYCE, and J. J. NEWTON, all my household and kitchen furniture, farming tools, stock, notes, accounts, and personal property of every kind and character, of which I may die seized and possessed, share and share alike.
         

Sixth.  It is my will and desire that my daughter ROSA ELLEN JOYCE shall pay out of her share of my estate the sum of seventy five dollars to the children of SARAH MATILDA JACKSON or their descendants living at the time of my death, the said sum of seventy five dollars to be equally divided between them and the said sum to be a charge on the interest of the said  MARY [sic] ELLEN JOYCE in my said estate.
         

Seventh.     It is my will and desire that my son W. T. NEWTON shall pay out of his share of my estate the sum of seventy five dollars to the children of SARAH MATILDA JACKSON or their descendants living at the time of my death, the said sum of seventy five dollars to be equally divided between them and the said sum to be a charge on the interest of my son W. T. NEWTON in my said estate.
         

Eigth [sic].     I nominate and appoint my son W. T. NEWTON, as executor of this my last will and testament and declare that he shall not be required to make any report or settlement in any court of his acts and doings as such executor.
         

Witness my hand and seal this the 19th day of March, 1909.

                                                                            /s/ WILLIAM A. NEWTON {Seal}

Signed and declared to be his last will and testament by WILLIAM A. NEWTON in our presence, and we in his presence and in the presence of each other and at his request, have hereunto set our names as witnesses on the day the same bears date.
                                                                           /s/ R. F. STEWART 
                                                                           /s/ C. E. DAVIS 

The State o f Alabama}
Lauderdale C o u n t y }
                                                                            In the Probate Court
             

To the Honorable J. F. KOONCE, Judge of the Probate Court in and for said State and County:
             

Comes now your petitioner, W. T. NEWTON, and alleges and shows unto your Honor as follows, to-wit:
        

WILLIAM A. NEWTON died in said County on to-wit January 3, 1914, siezed [sic] and possessed of certain lands and personal property therein; and leaving a last will and testament disposing of said property.
        

By the terms of said will the undersigned is named as Executor thereof without bond and without being required to settle in court.
        

The heirs at law and next of kin of said WILLIAM A. NEWTON are as follows, to-wit:
        

J. J. NEWTON, ROSA ELLEN JOYCE, W. T. NEWTON, MOLLIE JAMES, ROSE ELLA BUTLER, PEARL THORNTON, FRESSIE SCOTT, EDGAR JACKSON, TINY KELLEY, NANNIE JACKSON, JOHNNIE JACKSON, and VESTOR JACKSON.
        

All of said heirs at law and next of kin reside in said County and they are all over the age of twenty-one years excepting said NANNIE, JOHNNIE, and VESTOR JACKSON, the latter being minors over the age of fourteen years. Said NANNIE JACKSON resides with said ROSA ELLA BUTLER, said VESTOR JACKSON resides with said TINY KELLEY, and said JOHNNIE JACKSON resides with his father, A. J. JACKSON, in said County. Said A. J. JACKSON is the father of all said minors.
        

Said last will and testament is dated March 19, 1909, and is attested by R. F. STEWART and C. E. DAVIS.
        

The premises considered, Petitioner herewith tenders said Will for probate and prays for process from this court to that end.

                                                                                       /s/  W. T. NEWTON
                                                                                                  Petitioner
Sworn to and subscribed be-
fore me January 13th, 1914.
                                                /s/   A. L. PHILLIPS,
                                                         Notary Public

                                                                               Probate Court, Jan. 14, 1914
         In re the will of     WILLIAM A. NEWTON Deceased.

Comes now W. T. NEWTON, and files in court an instrument in writing purporting to be the last will and testament of WILLIAM A. NEWTON, also a petition in writing asking that the same be admitted to probate as such last will and testament; alleging in said petition that the widow and next of kin with their ages and residences are as follows:
J. J. NEWTON, ROSA ELLEN JOYCE, W. T. NEWTON, MOLLIE JAMES, ROSE ELLA BUTLER, PEARL THORNTON, FRESSIE SCOTT, EDGAR JACKSON, TINY KELLY [sic], NANNIE JACKSON, JOHNNIE JACKSON, VESTOR JACKSON, and A. J. JACKSON.
It is therefore ordered that the 26 day of Jan., 1914, be appointed a day on which to hear said application, and the proof concerning the execution of said instrument, that
__________________(line left blank)____________________________
have notice of the filing of said instrument and petition and of said day of hearing by publication once a week for three successive weeks in some newspaper published in this county, and that J. J. NEWTON, ROSA ELLEN JOYCE, W. T. NEWTON, MOLLIE JAMES, ROSE ELLAN BUTLER, PEARL THORNTON, FRESSIE SCOTT, EDGAR JACKSON, TINY KELLY [sic], NANNIE JACKSON, JOHNIE [sic] JACKSON, VESTOR JACKSON & A. J. JACKSON be notified of this proceeding and of said day of hearing by citation to be personally served upon them by the sheriff ten days prior to said day of hearing.
                                                                                       J. F. KOONCE       
                                                                                           Judge of Probate

NOTICE OF DAY SET FOR HEARING PROBATE OF WILL – Times Press

The State o f Alabama   }
                                                      To any Sheriff of the State of Alabama:
Lauderdale   C o u n t y  }

        

To J. J. NEWTON, ROSA ELLEN JOYCE, W. T. NEWTON, MOLLIE JAMES, ROSE ELLA BUTLER, PEARL THORNTON, FRESSIE SCOTT, EDGAR JACKSON, TINY KELLY [sic], NANNIE JACKSON, JOHNIE [sic] JACKSON, VESTOR JACKSON & A. J. JACKSON.

 

You will please take notice that on the 1 4 day of Jan. 1914, a certain paper in writing, purporting to be the last will and testament of WILLIAM A. NEWTON was filed in my office for Probate, by W. T. NEWTON and that the 26 day of Jan., 1914, was appointed a day for the hearing thereof, at which time you can appear and contest the same, if you see proper.

         Given under my hand, this -14- day of Jan., 1914.

                                                                                       /s/     J. F. KOONCE
                                                                                                          Judge of Probate

==============================================================
(Reverse side of Citation document)

13 Citations
Record in Bk. 13, Page 275

(Following handwritten above signatures):

 

We the parties whom the within citation is directed hereby accept service thereof and waive all others and different notice by the Sheriff and otherwise.

                                                    1/14/14

/s/   ROSELA [sic] BUTLER
/s/   MOLLIE JAMES
/s/   PIRL [sic] THORNTON
/s/   TINNIE [sic] KELLEY
/s/   NANNIE JACKSON
/s/   VESTER [sic] JACKSON     X
/s/   EDGAR JACKSON
/s/   W. T. NEWTON
/s/   J. J. NEWTON
/s/   ROSA ELEN [sic] JOICE 
/s/    JOHNIE [sic] JACKSON
/s/   A.. J. JACKSON
/s/   FRESSIE SCOTT

                                           Probate Court, Jan. 26, 1914

Estate of WILLIAM A. NEWTON

 

This being the day heretofore appointed by order of this court to hear the application W. T. NEWTON at admit to probate as the last will and testament of WILLIAM A. NEWTON, deceased, an instrument in writing filed in the court on the 14 day of Jan. 1914, purporting to be such will. Comes now the said W. T. NEWTON and moves the court to proceed with the hearing, and it appearing to the court that the next of kin, to-wit   J. J. NEWTON, ROSA ELLEN JOYCE, W. T. NEWTON, MOLLIE JAMES, ROSE ELLA BUTLER, PEARL THORNTON, FRESSIE SCOTT, EDGAR JACKSON, TINY KELLY [sic], NANNIE JACKSON, JOHNIE [sic] JACKSON, VESTOR JACKSON, & A. J. JACKSON have all had notice of the filing of said instrument and application and of the time and nature of this hearing by citation personally served upon those residing in this state, and by publication in the Florence __________ to the non-resident next of kin; the court proceeds with the hearing: and it further appearing to the court from the testimony of R. F. STEWART and C. E. DAVIS, two of the subscribing witnesses to said instrument whose evidence was reduced to writing in the presence of said witnesses and signed by them, that the said WILLIAM A. NEWTON signed said instrument heretofore referred to as his last will and testament in their presence and that they signed said instrument as subscribing witnesses in the presence of WILLIAM A. NEWTON and in the presence of each other, that the said WILLIAM A. NEWTON at the time of signing said instrument on the day of its date declared the same to be his last will and testament, and that the said WILLIAM A. NEWTON was at the time of signing said instrument over twenty-one years of age and of sound mind and disposing memory and no one appearing to contest the same, it is ordered adjudged and decreed by the court that said instrument purporting to be the last will and testament of WILLIAM A. NEWTON be and the same is hereby admitted to, probate as the last will and testament of WILLIAM A. NEWTON, deceased. It is further ordered that said will and testament be recorded. And it further appearing to the court that W. T. NEWTON is the executor named in said will and said W. T. NEWTON now appearing in court and showing to the court that he is the legal executor as mentioned in said will.

 

It is therefore ordered adjudged and decreed by the court that said W. T. NEWTON be and is hereby appointed executor of said will and that letters testamentary thereupon be forthwith issued to him.

                                                                             /s/   J. F. KOONCE
                                                                                        Judge of Probate