Marion Dist. Minute Bk. of the Ordinary (SCMAR v. XII, no.1, p. 26-27)

At a Court of Ordinary Held at Marion Court House the 22 [sic] Day of September
1809.  Ja. McRee, Ordinary.

In Consequence of a Pettition from David Godbold, Martin Middleton, James
Legett, and Malcolm S. Smith, praying that the Probit of the law will and
Testament of Job Foxworth Senr decd might be reviewed & taken in Legal form. 
The parties being present, The Court was Opened.

Willis Conner ... was personally present and Did see Job Foxworth Senior sign
seal and pronounce the said Instrument of writing as His last will and
testament.   And also that the testator was in as good senses as ever He was. .
. . 

Clement Lucas, being sworn, declared that He was present and did see the said
Job Foxworth Senr Sign seal and declare the said will be to his last will and
testament, and that the testator did not appear to be out of His senses, but as
He commonly was being low in health.

... others being separately sworn did not prove the insanity of the testator.

The Opinion of the Court is that as no proof of the incapacity of the testator
is made, the probit will stand good as from its own witnesses.  That the
Ordinary after such proof being made cannot interfere with the propriety of the
testators intentions in devising.   JA McRee Ordy.

Note - listed in chron. order which would make this more likely 2 Sep 1809 not
22 Sep


2 Sep 1809: This day Granted Citation to Job Foxworth to shew cause why He
should not administer on certain goods and chattels of Job Foxworth decd not
mentioned in the last will and testament of said Decd.

9 Sep 1809:  This Day Letters of Appraisment and Administration Granted to Job
Foxworth on part of the personal estate of Job Foxworth Senr Decd.  Also
letters of appraisment directed to Joshua Muselwhite, Jesse Wood & Able
Foxworth.

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