WILLS

WALKER COUNTY ALABAMA

JAMES M. PRESLEY

Will Book 2, Page 195
26 November 1926

Transcribed from a copy of the original by Nancy Pressley
 

State pf Alabama
St. Clair County

I, James M. Presley of said county in said state being of sound mind and capable of making a disposition of whatever property I may own at the time of my death, and being desirous of doing so, do make this my last will and testament, hereby revoking and annulling any and all former wills and testaments of whatever nature I may have heretofore made.

ITEM ONE

It is my will and desire that all my just debts be paid, if any I should owe at the time of my death and that as soon as practicable.

ITEM TWO

I will and bequeath unto my children and my grandson O. G. Crow all property of whatever nature I may owe at the time of my death after payment of my debts, if any I should owe, share and share alike and should either of my children depart this life before my estate is finally distributed, then and in that event the portion that such child or children would have received of my said estate undistributed to them shall go to their children, share and share alike.

ITEM THREE

I hereby nominate and appoint my two sons, R. P. Presley and W. E. Presley executors of my estate and they are fully authorized and empowered to administer the same without bond, and without obtaining any order from any court for such purpose, or making any settlement with any court or their acts and doings as such executors.  It being my purpose to clothe them with just such powers I would have over my estate and the distribution thereof were I living, and in the event it is necessary for them to sell or dispose of any property, real or personal they are authorized to do so without obtaining any order of any court for such purpose and such sales may be made either privately or publicly, and they are authorized to execute proper conveyances to the purchasers of the same.  It is my will and desire that should either of my sons fail or refuse to qualify as executor or should either resign or depart this life before my estate is fully administered, then the survivor is hereby clothed with all the power and authority that both would have in the administration of my estate, it being my purpose to clothe my executors or either of them in the event the duties of administering my estate should for any cause be cast upon either of them, with full power to administer the same as fully and completely as I could do were I living, the only court proceedings required of them is the probating of this instrument as the law directs.

In witness whereof I hereunto set my hand and affix my seal in the presence of these attesting witnesses, and who attest the same as such subscribing witnesses in my presence and in the presence of each other, on this the 26th day of Nov. 1926

James M. Presley   L.S.

Attest:
William Bohnsack
Bob McLendon

State of Alabama
Walker County

PROBATE COURT

The within will was presented for Probate Jan 18, 1928, and Jan 31, 1928 set as the day to hear and pass upon the evidence adduced before the court in support of petition to probate the will.  And sufficient evidence being produced to convince the court that the within is the genuine last will and testament of James M. Presley deceased, it is the order and judgment of the court that same be and is hereby admitted to probate and recorded in will record 2 at page 195.

This 31 day of January 1928

E. W. Long
Judge of Probate