Wilcox County Will Book, Vol.5, p. 452-454

Transcribed by B.J. Smothers, bjsmothers@prairiebluff.com

In the name of God Amen! I Josiah E. Irby of the County of Wilcox and the State of Alabama being of sound mind and memory and being mindful of the uncertainty of this frail and transtory life, do therefore make ordain, publish, and declare this to be my last will and testament. That is to say after my death I wish all my lawful debts paid out of my estate, then I wish all my estate both real and personal dispersed as follows. That is to say first, I give devise and bequeath unto Emeline Gee a freed woman now living with me, the north east quarter of the south east quarter of section fourteen Township fourteen Range seven containing forty acres more or less and on which Joe Gayle is now living. Also I give and bequeath unto the said Emeline Gee all that portion of land lying south of the Cahaba and Prairie Bluff Road known as the Christian tract which said tract is describe in a Deed from E.W. Christian & wife to me bearing date the 16th of December AD 1856 and Recorded in Book of Deeds M page 365 in the office of the Judge of the Probate in Wilcox County and state aforesaid. Also I give and devise unto the said Emeline Gee, about fifty acres of land known as the Saw mill field, and bounded as follows to wit commencing at the point at which the P Bluff and Cahaba Road crosses the Athens and Parks Landing Road thence down the P Bluff & Cahaba Road to Chillatchie Creek at the Cahaba Bridge, thence up the said creek to a line between sections 11 and 12; thence West to Parks Landing Road; thence along said Road to the starting point in Township fourteen Range seven in Wilcox County. It is further my will and desire that at the death of the death of the said Emeline Gee, that all the land herein before desvribed and devised to the said Emeline Gee shall go to her and belong to her son Duncan. I also give and bequeath to the said Emeline Gee my Roan Horse named Tom. I hereby give and devise to Asia Vaughn all the balance of the Christian Tract lying north of the Prairie Bluff & Cahaba Road which said tract is herein before described by Deed from E.W. Christian & wife to me. I hereby give and devise to Amanda, Rodah, & Joe Irby Children of Susana Brown formerly Susana Irby, the south West quarter of section fourteen Township fourteen Range seven containing one hundred & suxty acres more or less, lying in Wilcox County. I also give and devise to the said Amanda, Rodah & Joe Irby all the land in section eleven Township fourteen of Range seven, lying south of Chillatchie Creek in Wilcox County supposed to be about one undred acres. All the remainder of my real estate, herein before not devised I hereby give and devise unto my two brothers Charles & Wm Irby and my sister Mrs. Harriet Pegues, to be equally divided between the said Charles, Wm & Harriet.

That this is my last Will & Testament may be fully carried out I hereby niominate constitute and appoint my brother Charles Irby my executor, hereby investing him with full power and authority to manage my Estate, hereby releasing and exempting him from giving and bond or security as such executor. And it is further my will and desire that my said executor shall not be required to make any returns tot he Probate Court, or make any settlement with said Court or other Courts of this State or to have any appraisement of my estate. In testimony whereof I Have set my hand and seal this the 23rd day of November AD 1870.

J.E. Irby {SEAL}

Signed sealed and delivered in our presence and in the presence of each of us as witnesses who signed the same at the request of the Testator who acknowledged this to be his last Will and Testament.

T.W. Price
T.C. Seltzer

State of Alabama }
Wilcox County }

Probate Court of said County
In the matter of the Probate of the last will & testament
of Josiah E. Irby deceased:

Before me, J.H. Burdick Judge of said Court personally appeared, in open court T.W. Price who having been by me first duly sworn & examined did & does depose and say, on oath that he is a subscribing witness tot he instrument of writing now shown to him & which purports to be the last will & testament of Josiah E. Irby deceased late an inhabitant of this County that said Irby since deceased signed & executed said instrument on the day the same bears date and declared the same to be his last will and testament and that affiant & T.C. Seltzer the other subscribing witness set their signatures thereto on the day the same bears date as subscribing witnesses tot e the same in the presence of said testator, that said testator was of soundmind, and disposing memory and in the opinion of affiant fully capable of making his will, at the time the same was made, as aforesaid. Affiant further sattes, that said testator was, on the day of the said date of said will of the full age of twenty years and upward.

T.W. Price

Subscribed and sworn to before me
this the 9th day of January 1871

J.H. Burdick
Judge of Probate

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July 25, 1999
© 1999 by B.J. Smothers. All rights reserved.