The Creek Documents 3

 

Will of Mary "Polly" BAILEY (Mrs. Arthur) SIZEMORE
Typed from a transcription of the original; have copy of the most of the original

Baldwin County, Alabama
Will Book A 1809-1881 Pages #172 & #173

In the name of God, Amen, I Mary Sizemore of the County of Baldwin and State of Alabama, being of sound and disposing mind and memory, and knowing the uncertainty of human life, do make and order this my last will and Testament, herein and hereby revoking and making void any and all wills heretofore made by me.

In the first place it is my will and desire upon my death that my body shall be decently interred according to the rites of Christian burial, and that all my just debts shall be paid by my executor herunafter named, and for the purpose of raising money to pay said debts, said Executor shall have the power and authority to keep my Estate together till the profits and produce of the same shall produce money sufficient to pay said debts.

Item 2: It is my will and desire and I do hereby bequeath unto my daughter, Cynthia Padget, the following negro slaves namely, Peggy, Martha, Frank, Lucinda, and Lavinia, and for their increase, froom the date of this will, to be held by the said Cynthia Padget for and during her natural life and upon death of the said Cynthia Padget, it is my will, and I do hereby bequeath the above negro slaves unto my Grand-son Elijah Padget, for and during his natural life, and upon his death, then unto the lawful heirs of his body begotten, and I do further give unto said Grand-son Elijah Padget, one bed furniture being the same which I now have use.

Item 3: I do hereby give and bequeath unto my daughter Amelia Stiggins negro slave man Sam, for and during her natural life, and upon death of the said Amelia Stiggins, I give said Slave Sam unto the lawful heirs of the body of the said Amelia Stiggins.

Item 4: I do hereby give and bequeath unto my daughter Celia Colbert the sum of five Hundred dollars in money, to be paid to the said Celia Colbert from and out of the first monies which may come from the hands of my Executor from my Estate, or its produce and profits.

Item 5: I give and bequeath unto the lawful heirs of my son William Sizemore the sum of five dollars, to be paid them by my Executor.

Item 6: I give and bequeath unto the lawful heirs of my son Absolom Sizemore the sum of five dollars, to be paid them by my Executor.

Item 7: I give and bequeath unto the lawful heirs of my daughter Nancy Moniac, the sum of five dollars, to be paid them by my Executor.

Item 8: I give and bequeath unto the lawful heirs of my son Samuel Sizemore, the sum of five dollars, to be paid them by my Executor.

Item 9: I give and bequeath unto my daughter Betsy Tarvin the sum of five dollars, to be paid them by my Executor.

Lastly, I do hereby nominate and appoint my Grand-son Elijah Padget the Executor of this my will.

And it is my further wish and desire, and I do hereby bequeath the Sam hereunbefore given to my daughter Amelia Stiggins, for and during her natural life, from and after her death, unto my Grand-son James Grey Stiggins for and during his natural life only, meaning hereby to limit the use of said slave to my Grand-son, and upon his death said slave is hereby bequeathed to the lawful heirs of the body begotten of said James Grey Stiggins.

In witness whereof I do hereunto set my hand and seal this fifteenth day of August in the year of our Lord one thousand eight hundred and fifty seven.

Mary (her mark X) Sizemore (seal)

Signed, sealed, published and declared by the said Mary Sizemore, as and for her last will and Testament in presence of us, who signed the same as witnesses in the presence of said Mary Sizemore Testarix, and in oresence of each other.

Francis Earle
John Earle
Witnesses

Whereas my Grand-son Elijah Padget has departed this live -- Therefore I give all that was intended bt the written will for him, to his childrenm share and share alike, and I hereby appoint David A. Moniac my Executor of this my last will and Testament in the staed of my said Grand-son deceased, and this is a Codicil to my said last will and Testament.

Signed and sealed this 4th day of August 1860.

In presence of Mary (her mark X) Sizemore (seal)
J. W. Shomo
B. F. Earle

State of Alabama
Baldwin County
Probate Court of Said County

In the matter of the Probate of the last will and Testament of Mary Sizemore, deceased,

Before me C. W. Wilkins, Judge of Said Court, personally appeared in Open Court, Francis Earle and John Earle, who having been by me, first sworne and examined, did and do depose, and say on oath, that they are each Subscribing witnesses, to the instrument of writing now shown to them and which purports to be the last will and Testament of Mary Sizemore, deceased, late an inhabitant of this County, that said Mary Sizemore, 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 witnesses to the same, in the presence of said Testatrix, 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 said date of said will of the full agew of twenty-one years and upwards.

Sworn and Subscribed to before me this 19th day April A. D. 1862

C. W. Wilkins Judge Probate

John Earle
Francis Earle

And on the same day, appeared personally before me, the said Judge, Benjamin F. Earle who being by me first duly sworn, deposeth and says, that the Codicil to the last will and Testamnet of Mary Sizemore, deceased, was signed, and executed by the said Testatrix on the day of the date thereof, and in the presence of this affiant signed his name J. W. Shomo, the other subscribing witness to said Codicil in the presence of said Testatrix, that said Testatrix was of sound mind and disposing memory, and in the opinion of deponent, fully capable of making her will, at the time the same was so made aforesaid.

Affiant further that said Testatrix was, on the day of said date of said Codocil, of the full age of twenty-one years and upwards.

Sworn and subscribed to this 19th April 1862

C. W. Wilkins
Judge Probate

Benjamin F. Earle

State of Alabama
Baldwin County

I, C. W. Wilkins, Judge of the Court of Probate, in and for said County and State do hereby certify that the foregoing instrument of writing, has this day, in said Court and before me, as the Judge thereof been duly proven, by the oaths of John Earle, Francis Earle, and Benjamin F. Earle to be the genuine last will, together with said proof, have been recorded in my office, in Book A of wills, pages 216, 217, 218, 219, 110, and 221, this 19th April A. D. 1862.

C. W. Wilkins
Judge Probate


Will of Arthur Sizemore

Probate Records
Baldwin County, Alabama

Arthur Sizemore, dec'd. report that the heirs of said deceased so far as he knows or can ascertain are as follows, to wit:

Mary Sizemore, widow of Arthur Sizemore

William Sizemore was the son of Arthur Sizemore, the said William died leaving a widow and eleven children, to wit:
Levitia Sizemore
Adaline Renault
, wife of John Renault
William Sizemore
Elizabeth Sizemore
David H. Sizemore
Alexander M. Sizemore
Charles W. Sizemore
Virginia Sizemore
Fredericka Sizemore
Mary Sizemore
John W. Sizemore

Absolom Sizemore was the son of Arthur Sizemore, the said Absolum died leaving children to wit:
William Sizemore
George Sizemore
Charlotte Forbes
, wife of Ed Forbes

Joseph Sizemore is dead, left one child:
Josephine Sizemore

Amelia Stiggins, daughter of Arthur Sizemore

Elizabeth (Betsy) Tarvin daughter of Arthur Sizemore

Celia (Mrs. William) Colbert, daughter of Arthur Sizemore
Cynthia Padget
, daughter of Arthur Sizemore
Nancy Moniac
, daughter of Arthur Sizemore, died and has three children living, to wit:
Lotty Moniac
Jane Moniac
Polly Moniac

Samuel Sizemore, son of Arthur Sizemore died leaving some children, how many, their ages or residents are unknown to said administrator.

Sworn and Subscribed to before me this 10th May A. D. 1858.

C. W. Wilkins
Judge Probate

Neal Smith Administrator


The Estate of Arthur Sizemore, dec'd. In account with Neal Smith, Adm.

Received from U. S. Government $1420.00

Deduct one half due Adm. by agreement with deceased, in his life time ($)710

Adm. commissions for receiving & disbursing 35.50
Allowed Guardian a litum 5.00
Court Fees 50.00 (Total) 90.50

This amount reported for distribution: $619.50

Mary Sizemore, widow, one-fifth $123.90
1 To William Sizemores 11 children
$5.00 each $55.06
2 Absolum Sizemores 3 children
$18.35 each $55.06
3 Joseph Sizemore full share $55.06
4 Amelia Stiggins full share $55.06
5 Elizaebth Tarvin full share $55.06
6 Celia Colbert full share $55.06
7 Cynthia Padget full share $55.06
8 Nancy Moniacs 3 children
$18.35 each $55.06
9 Samuel Sizemores children no. not known $55.06

$619.44

Sworn & Subscribed before me this 10th May A. D. 1858

C. W. Wilkins
Judge Probate

Neal Smith Administrator

Examined, audited, allowed and ordered to be recorded. May 10th 1848.

C. W. Wilkins
Judge Probate