Person:Phebe Moss (3)

1880 Blount Co., AL Census: Township 14, Page 424B Benton CORNELIUS Self M M W 42 AL Occ: Farmer Fa: SC Mo: SC Elisabeth CORNELIUS Wife F M W 32 AL Occ: Keeping House Fa: AL Mo: AL Guye H. CORNELIUS Son M S W 13 AL Occ: Works On Farm Fa: AL Mo: AL John L. CORNELIUS Son M S W 10 AL Occ: Works On Farm Fa: AL Mo: AL Emartta CORNELIUS Dau F S W 6 AL Occ: At Home Fa: AL Mo: AL Bennarick CORNELIUS Son M S W 5 AL Occ: At Home Fa: AL Mo: AL Tiny E. CORNELIUS Dau F S W 2 AL Occ: At Home Fa: AL Mo: AL Pheba CORNELIUS SMother F S W 65 TN Occ: At Home Fa: SC Mo: SC Phelan TIDWELL Other M S W 35 AL Occ: Farm Laborer Fa: NC Mo: NC

Blount County, Alabama Will Book "I" (1892-1933); Pages 126 - 128 Phebe Cornelius, deceased; Probate of Will July 18, 1886 (Beginning of document on page 126) Phebe Cornelius, deceased } July 18th, 1886 In the Matter of the Probate of her Will } And now, on this day comes Wm. Hullett and filed his petition in writing and under oath. And there with producing and filing in this Court an instrument of writing purporting to be the last Will and Testament of Phebe Cornelius, deceased, and praying for such orders, decrees and proceedings, as may be requested for the probate and record of said Will in this Court. Which said instrument appears to be attested by Wm. Young and B. F. Reese of this County and who are alleged to have signed the same as subscribing witnesses thereto. And it appearing to the Court, from said petition that said petitioner is named in said Will as the executor thereof and that the names, ages, residence and condition of the heirs and next of kin ____ unknown to petitioner. It is therefore ordered, that said instrument be place on file for the inspection of all concerned and that the 15th day of August 1885 be set as a day for hearing proof thereof in support of said instrument as such wills. And it is further ordered that notice of the filing of said instrument and the day above set for hearing the same be given by publication for three successive weeks, in the Blount County News, a weekly newspaper published in said county. (Continuing page 126) Phebe Cornelius, dec'd } August 15th, 1885 In the Matter of the Application }This being the day regularly appointed of her last Will & Testament }for hearing the application of Wm. Hullett which was heretofore filed in this Court for the probate of said instrument of writing purporting to be the last Will and Testament of said deceased. And comes the said applicant and moves the Court to proceed to the hearing of said applicant and it appearing to the satisfaction of the Court, that notice of the filing of said application and of the two appointed for hearing the said has been given in pursuance of law and in strict accordance with the former order of this Court, made and entered in the premises on the 18th day of July 1885. And it further appearing from the testimony of William Young that he and B. F. Reese respectively signed the instrument of writing purporting to be the last Will and Testament of said deceased, and which writing is now shown him, on the day of the date thereof, in the presence of the said testator and at his request, as subscribing witnesses to the same, the said testator, then declaring that said instrument constituted her last Will and Testament - and it also being shown by proof which is satisfactory to the Court that said testator was of the full age of twenty-one years at the time of making her said will - that she was of sound mind and fully capable of making her said Will. It is therefore ordered, adjudged, and decreed by the Court that said Will of said Phebe Cornelius, dec'd… (End of page 126. Beginning of page 127) be received and the same is hereby declared to be duly proven as the last Will and Testament of said deceased and as such admitted to probate and ordered to be recorded together with the proof thereof and all papers on file relating to the proceedings. J. W. Moore Probate Judge (Continuing page 127) Petition for Probate of Will The State of Alabama }Probate Court Blount County } To the Hon. J. W. Moore, Judge of Probate of said Blount County. The petitioner of the undersigned Wm. Hullett respectfully represents unto your honor that Phebe Cornelius, who was at the time of her death an inhabitant of this County, departed this life at her house on or about the 6th day of July A. D. 1885. Leaving assets in this state and leaving a Last Will and Testament duly signed and published by Phebe Cornelius and attested by Wm. Young and B. F. Reese. That your petitioner is named in said Will as the Executor thereof and does now herewith surrender said Will to the Court and prays that after proper proceedings and proofs, it may be probated and admitted to record as the true Last Will and Testament of said deceased. Your petitioner further represents that the names, ages, residence and condition of the next of kin are unknown to petitioner. Your petitioner would further represent that Wm. Young and B. F. Reese the said attesting witnesses reside in said County and therefore prays that a day may set for the hearing of this petitioner, and that due notice thereof be given, as required by law, to the next of kin of said deceased and that such other proceedings, orders and decrees may be had and made in the premises as may be requisite and proper to effect the due Probate and record of said Will according to law. William Hullett Sworn to and subscribed before me this 17th day of July A. D. 1885. J. W. Moore, Probate Judge Filed this the 18th day of July 1885 and the 15th day of August A. D. 1885 Set for hearing. J. W. Moore, Probate Judge (Continuing Page 127) Proof of the Execution of Will - Deposition of Wm. M. Young The State of Alabama }Probate Court of said County Blount County }In the matter of the Probate of the last Will and Testament of Phebe Cornelius, deceased. Before me J. W. Moore, Judge of Probate in and for said County, personally appeared in open Court William M. Young, who having been by me first duly sworn and examined, did, and does depose and say on oath, that he and B. F. Reese, are witnesses to the instrument of writing now shown him, and which purposes to be the last will and testament of Phebe Cornelius, dec'd. Late an inhabitant of this County. That said Cornelius, ___ deceased, signed and executed said instrument, on the day the same bears date and… (End page 127. Beginning of page 128) …declared the same to be her last will and testament, that applicant and the said B. F. Reese set their signatures thereto on the day the same bears date, as subscribing witnesses to the same in the presence of the testator. That said testator was of sound mind and disposing memory, and in the opinion of ___ fully capable of making her will as the time it was so made as aforesaid and applicant further states that said testator was on the day of the date of said Will, of the full age of twenty-one years and upward. William M. Young Sworn to and subscribed before me this the 15th day of August 1885 J. W. Moore, Probate Judge (Continuing of page 128) Will of Phebe Cornelius, dec'd I, Phebe Cornelius in the Co. of Blount and State of Ala., being of sound mind and memory and understanding, I do make my last Will and testament in manner and forever following: First. I devise and bequeath to Minerva Campbell One feather bed - one trunk, Two pillows, two quilts. 2. I give Martha Cornelius all of the cooking and water bowls and all the table ware that I possess at the time of my death. Also chairs and table. 3. Cincinnati Cornelius I give one bed - stead, One clortos chest, One cargo box and all my wearing apparel three pillows and all the rest of my personal property, money and notes that may be left at my death after burial and other expenses are paid. 4. I hereby direct and inform my executor to carry out my Last Will and Testament. 5. I hereby appoint Wm. Hullett executor of my Last will and testament. In Witness whereof, I Phebe Cornelius, the testator have to this my last Will and Testament, set my hand and seal, this May 19th 1885. Signed, Sealed, published and declared by the above named Phebe Cornelius, as and for last will and testament in the presence of us who have hereunto subscribed our names. her Witness: William Young. Phebe (X) Cornelius B. F. Reese mark (Continuing page 128) Certificate of Probate Judge endorsement on Will. The State of Alabama } I, J. W. Moore, Judge of the Probate Court in and for Blount County } said County and State do hereby certify that that the written instrument of writing has this day in said Court and before me as the Judge thereof, been duly proven by the proper testimony, to be the genuine last will and testament of Phebe Cornelius, deceased, and that said will, together with said proof thereof have been recorded in my office in Probate Record I on pages 127-128. In witness of all of which I have hereunto set my hand and the seal of said Court of Probate as Office in Blountsville this 15th day of August A. D. 1885. J. W. Moore, Probate Judge (End of page 128) (End of document) ......................................................................................................................... Transcribed by Robert C. Johnston, Jr. of Wetumpka, Alabama, from a copy of the original located in the Blount County, Alabama Courthouse. This is an exact copy complete with misspellings and punctuation. Document transcribed August 4, 2001. Blount County, Alabama Probate Court Minutes "H" (1878-1885); Pages 522 - 523 The Estate of Phebe Cornelius, deceased Will Filed July 18, 1885 (Beginning of document on page 522) Phebe Cornelius, deceased } July 18th, 1885 In the Matter of the Probate of her Will } And now on this day came Wm. Hullett and filed his petition in writing and under oath, and therewith producing, and filing in this Court, an instrument of writing purporting to be the last will… (End of page 522. Beginning of page 523) …and testament of Phebe Cornelius, deceased, and praying for such orders, decrees and proceedings, as may be proper and requested for the due probate and record of said will in this Court; which said instrument appears to be attested by Wm. Young and B. F. Reese of this County, and who are alleged to have signed the same, as subscribing witnesses thereto. And it appearing to the Court, from said petition, that said petitioner is named in said will as the Executor thereof, and that the names, ages, residences and condition of the heirs and next of kin unknown to petitioner. It is therefore, ordered by the Court, that said instrument be placed on file for the inspection of all concerned and that the 15th day of August 1885 be set a day for hearing proof thereof in support of said instrument as such will. And it is further ordered that notice of the filing of said instrument and the day above set for hearing the same be given by publication for three successive weeks, in the Blount County News, a weekly newspaper published in said county. (End of document on page 522-523) Blount County, Alabama Probate Court Minutes "H" (1878-1885); Pages 525 - 526 The Estate of Phebe Cornelius, deceased Probate of Will August 15, 1885 (Beginning of document on page 525) Phebe Cornelius, Dec'd } August 15th, 1885 In the matter of the Probate of } her last will and testament } This day having been regularly appointed for hearing the application of Wm. Hullett which was heretofore filed in this Court, for the probate of an instrument of writing purporting to be the last Will and Testament of said deceased. Now comes the said applicant and moves the Court to proceed to the hearing of said application; and it… (End of page 525. Continuing on page 526) …appearing to the satisfaction of the Court, that the notice of the filing of said application and of the time appointed for hearing the same has been given in pursuance of law and in strict accordance with the former order of this Court, made and entered in the premises on the 18th day of July 1886. And it further appearing from the testimony of William Young that he and B. F. Reese, respectively signed the instrument of writing purporting to be the last will and testament of said deceased, and which writing is now shown him, on the day of the date thereof, in the presence of the said testator and at his request, as subscribing witnesses to the same, the said testator, then declaring that said instrument constituted her last will, and it also being shown by proof which is satisfactory to the Court, that said testator was of the full age of twenty one years at the time of making said will; and that she was of sound mind and fully capable of making her said Will. It is therefore ordered, adjudged, and decreed by the Court that said Will of said Phebe Cornelius, deceased, be received and the same is hereby declared, ordered and proven as the last Will and Testament of said deceased and as such admitted to probate and ordered to be recorded together with the proof thereof, and all papers on file relating to the proceeding. (End of document on page 526) Blount County, Alabama Probate Court Minutes "H" (1878-1885); Page 528 The Estate of Phebe Cornelius, deceased Grant of Letters Testamentary August 21, 1885 (Beginning of document on page 525) Phebe Cornelius, Dec'd } August 21st , 1885 Grant of Letters Testamentary } It being known to the Court that the last will and testament of said decedent has been duly admitted to probate and record in this Court. And that William Hullett, is named by said testator, in said will as the Executor thereof; And the Court being further advised that the outline estate of said testator does not exceed in value two hundred and fifty dollars ($250). And the said William Hullett having entered into bond in the sum of five hundred dollars ____ conditioned with Wm. Hullett and Uriah Tidwell as his sureties the ___ which bound so secured is taken and ____ as good and sufficient: It is ordered, adjudged and decreed, that letters testamentary be and the ____ be granted to the said William Hullett, whom the said testament, the said letters to be forthwith is same in accordance with the terms of said Will. (End of document of page 528) Blount County, Alabama Probate Court Minutes "I" (1886-1891); Pages 43-44 The Estate of Phebe Cornelius, deceased August 21, 1885 (Beginning of document on page 43) Phebe Cornelius, Dec'd September 11th, 1886 And now on this day came William William Hullett the Executor of the last Will and Testament of Phebe Cornelius, deceased and presents to the Court under oath his account and vouchers for the final settlement of his administration, and therewith also presents under oath a statement of the names, ages, residence and conditions of the heirs and legatees of said deceased, in form as required by law. It is therefor ordered by the Court that said account, vouchers, evidence and statement be placed on file for inspection of all concerned, and that the 16 day of October 1886, be set for examining and auditing said account, and that notice of the filing of said account and vouchers and of the day set… (End of page 43. Continuing on page 44) …for hearing the same be given by publication for three successive weeks in the Blount County News, a newspaper published in Blount County, Alabama, notifying all persons interested to be and appear before this court on the 16th day of October 1886, to show cause, if any, why said account shown not be allowed, and it is further ordered that A. J. Ketchum be and he hereby is appointed all guardian adliture of Daniel Pearson, a minor interested in this settlement. (End of document on page 44) Blount County, Alabama Probate Court Minutes "I" (1886-1891); Page 58 The Estate of Phebe Cornelius, deceased Final Settlement October 16, 1886 (Beginning of document on page 58) Phebe Cornelius, Dec'd October 16th , 1886 Final settlement by Exr. Con't to Oct. 27th, 1886 (End of document on page 58) Blount County, Alabama Probate Court Minutes "I" (1886-1891); Page 66 The Estate of Phebe Cornelius, deceased Final Settlement October 27, 1886 (Beginning of document on page 66) Phebe Cornelius, Dec'd October 27th, 1886 This being the day appointed for examining and auditing the account the account heretofore filed by William Hullett, as the Exr. Of the last Will and Testament of said Phebe Cornelius for a final settlement thereof; now comes the said executor and moves the Court to proceed with such settlement and it appearing to the Court that due notice of the time and nature of settlement has been given by publication for three successive weeks in the Blount County News, a weekly newspaper published in this County; And A. J. Ketchum, who was heretofore appointed guardian aliture to represent and defend the interest of Daniel Pearson, a minor interested in this settlement, coming now and consenting to act, denying the correctness of said account and each and every item charged on the credit side thereof; The Court proceeds to examine and audit said account and vouchers, and it appearing to the satisfaction of the Court from such examination and from the evidence presented in support of the same that said account and vouchers are just true and correct; it is ordered, adjudged and decreed by the Court that said account is just, true and correct as be and the same is hereby passed and allowed and ordered recorded. And it further appearing to the Court that said executor has received of the assets of said estate in cash the sum of one hundred and forty one and 71/100 dollars, and of the said sum has expended the sum of Sixty Five and 97/100 dollars Seventy five and 74/100 dollars. It is ordered, adjudged and decreed by the Court, that Cincinnati Cornelius, sole devisee of said deceased have and ___ of the said Executor the sum of Sixty five and 97/100 ($65 97/100) for which together with the cost of administration let Executor issue. (End of page 66) (End of document) (End of transcription)

RIN: MH:I679