I, J. O.
Moye, of said State and County, being of sound and disposing mind and
memory do make this my last will and testament, hereby revoking all will
heretofore made by me.
Item I. I
direct that my Executor hereinafter named to pay all of my just debts as
soon after my death as possible. If a sale of any of my property real or
personal, shall become necessary for the purpose of paying my debts my
executor is hereby authorized to sell any of my property at either
public or private sale, as he may see fit, without any court order or
previous advertisement, it being my desire that such debts be paid at
once, without any delay by any application to the courts for any order
Item II. I
give and bequeath to my beloved wife Mattie Moye, a life estate in and
to all of my property real and personal of which I am possessed. It is
my wish will and desire that all of my property and my present home and
lands be held and kept by her and for her benefit for and during her
life, and after her death the same to be disposed of as hereinafter
Item III. I
hereby give and bequeath to my grandson Oliver Hollingsworth the sum of
$500.00 in cash to be delivered and paid to him by my executor as soon
as and not before he reaches his majority. It is my wish and I hereby
direct my executor to sell any or all of my personal property at either
public or private sale and without any order of court for the purpose of
raising the said sum of $500.00 to be paid to my said grandson as soon
as he becomes twenty one years of age and not before that time.
Item IV. I
hereby give and bequeath to my son S.P. Moye, of the lands which I now
own and possess in lots 30, 31 and 2 in the 12th Dist. of
Wilcox County, and lying and adjacent to the lands now held and owned by
my said son the amount of Fourteen (14) acres same to be measured
lengthwise and broadside along and adjacent to the said lands so held
and owned by my said son S.P. Moye.
Item V. I
hereby give and bequeath to my son D. G. Moye, the balance of the lands
above mentioned, after measuring off the fourteen acres above mentioned
which said tract herein conveyed being Sixty-four acres more or less and
being the remainder of my present home place and this bequest and gift
being made to the said with the provision that in the event the said
D.G. Moye should die before the death of my said son S.P. Moye above
mentioned, then the said tract herein described in this paragraph shall
become the property of my said son S.P. Moye. It being my wish and
desire that in the event of the death of my said son D. G. Moye before
the death of S.P. Moye then the lands bequeathed to D. G. Moye herein
shall pass to and become the property of my said son S.P. Moye, his
heirs or legal representatives. The purpose of this bequest and
conveyance is to give to my said son only such an interest in and to the
said lands that he may use and enjoy for his own use and benefit and not
such an interest as will pass to his wife and child upon his death but
it being my will and purpose to have the said lands at the death of my
said son D.G. Moye pass to and become the property of my said son S. P.
Moye or his heirs and legal representatives.
Item VI. I
hereby name constitute and appoint my son S.P. Moye my executor of this
my last will and testament and do hereby clothe him with full and
exclusive power to do and perform any and all acts or things as may
become necessary and incident to the discharge of his duties as such
executor and he is hereby authorized to sell any of the property either
real of personal that my become necessary for the performance of his
duties, in the payments of debts or the payment of the bequest to my
grandson as herein set forth and said sale or sales shall be had and
done by him without any order from court and without any bond or
formalities of court procedure.
testimony whereof, I have hereto set my hand and affixed my signature,
this the 6th day of Aug. 1926
published by J. O. Moye as his last will and testament in the presence
of the undersigned who subscribe our names hereto as witnesses at the
instance and request of said testator and in his presence and in the
presence of each other.
This the 6th
day of Aug. 1926.
J. M. Mixon
and Testament of J.O. Moye
Warren Ordinary of Said County:
petition of S. P. Moye, resident of said county and nominated executor
of the last will of J.O. Moye also a resident of said County, who died
on the 2nd day of July 1927 owning valuable real and personal
estate in the State disposed of by said will amounting to the sum of
Three Thousand Dollars and which remains to be administered
respectfully, showeth that said J. O. Moye died testate, that his will
is herewith presented for probate at the regular term of the Court of
Ordinary of said County, in common form that our petitioner is named in
said will as its executor. Wherefore your petitioner prays leave to
prove said will in common form and the issuing to him of letters
testamentary upon his taking he oath of office.
day of Aug. 1927
Ordinary for the County of Wilcox
petition of S.P. Moye nominated executor of the last alleged will of J.
O. Moye duly filed, having been supported by proper proof of Wright
Mixon, a witness to said will, that said J. O. Moye, died a resident of
said County, that he and the other witnesses J.M. Mixon, Jr. and J.M.
Warren saw him sign and heard him publish the alleged will as his own
last will; that he attested the same as a witness at his request and in
his presence with J. M. Mixon Jr. and J.M. Warren so attesting also at
his request; that said J. O. Moye was at the time of said signing and
attestation of sound and disposing mind and memory, and did in the
execution of said will, act freely and voluntarily: it is ordered that
the same be duly recorded, having been duly proved in common form, and
that letters testamentary issue to him upon his taking the usual oath of
Moye do solemnly swear that this writing contains the true last will of
the within named J.O. Moye deceased so far as I know and believe; that I
will well and truly execute the same in accordance with the laws of this
state. So help me God.
S. P. Moye
and subscribed before me August 1st 1927.