CH's Will & Testament

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STATE OF ALABAMA,            LAST WILL & TESTAMENT OF C.H. MINTZ OF ETOWAH

ETOWAH COUNTY.                 & CALHOUN CO., ALABAMA.

         Know All Men By These Presents:

    That I,  C. H. Mintz of Gadsden, Etowah County, Alabama, does hereby make and declare this to be my last Will & Testament, revoking any & all heretofore made by me at any time.

-1-

    I hereby give and bequeath to my daughter, Fannie Woodward, of Glencoe, Ala. from the proceeds of my estate the sum of $200.00.

-2-

    I hereby give & bequeath to my daughter, Mrs. Susie Thomas of Willington, R. 1, the sum of $200.00.

-3-

    I hereby give & bequeath to my daughter, Mrs. Katie Howell, of  Gadsden, Ala., R. 2, with whom I now live the sum of  $400.00 from the proceeds of my estate.

-4-

    I hereby give & bequeath unto my grandson, Ed Handy, of Albertville, Ala., R. 2, from the proceeds of my estate the sum of  $100.00.

-5-

    I hereby give & bequeath to the heirs of Mark L. Mintz, my son, the sum of $5.00 from the proceeds of my estate.

-6-

    I hereby give & bequeath to the heirs of A. L. Mintz, or to his widow, Mary, of Anniston, Ala., the sum of $5.00 from the proceeds of my estate.

-7-

    I hereby give & bequeath unto my sons, R.E. L. Mintz of Wellington, Ala., R. 1, and to J.W. Mintz, Glencoe, R. 1., and to W.C. Mintz, Glencoe, R.1, from the proceeds of my estate the sum of $5.00 each.

-8-

    I hereby give & bequeath unto my Grand Children of my daughter, Lucissa  Howell, from the residue of my estate, if there is money left, after above amounts are paid, the sum of $100.00 in equal amounts to each child.

-9-

    I hereby give & bequeath unto my daughter, Lizzie Gilbert, of Handley, Texas, from the residue of my estate the sum of $25.00.

-10-

    I hereby nominate & appoint Dr. W. M. Anderson of Glencoe, Ala., to be my sole Executor, without bond, to administer the proceeds  of my said Estate in my Will.

-11-

    I hereby direct my Executor to take in charge all my land, and sell same to the best advantage and divide the proceeds as above directed as nearly as may be done.  My land consists of the following to wit:

W 1/2 of the SE 1/4  and the SE 1/4 of NW 1/4 of NW SEC. 22, TS. 13, R. 7, Calhoun Co. AND

SE 1/4 of SE 1/4   of SEC. 22, TS. 13, R. 7, Calhoun Co.

and any other land I may own at my death.

-12-

    I hereby direct my Executor to pay from the proceeds of my estate, and residue of my funeral or burial expense that may remain due after all my personal property shall be spent for such use. It being my intention to have on hand money enough to pay this expense.

-13-

    I hereby direct my Executor in event that my estate is not sufficient to cover all the money above directed to be paid out, that is if it is short for any reason then he shall pay to each heir his proportionate part thereof.

-14-

    I hereby direct my Executor to use any residue of my estate to defray the expenses of probating my will and any other legal expense that may arise, and especially to pay the amount appropriated to the children of my daughter Lucissa Howell.

-15-

    My personal property consists of beds & bed clothes which I  hereby give & bequeath to my daughter, Katie Howell, of Gadsden, R. 2.

-16-

    I hereby direct my executor, in the event there is a surplus after all above payment have been made & expenses paid, that said surplus shall be proportioned according to the proportionate part that each is entitled to under the above terms of this Will.

    In Witness whereof I hereto set my hand & seal this day & publish & declare same to be my last Will & Testament, this the 3rd day of January, 1928.

                                                                                                 C. H. Mintz            L.S.

    Signed, Sealed & Published and declared by C.H. Mintz as his last Will & Testament in presence of E. Jones & W.R. Teague, and at his request and in the presence of each other, hereby set our hands hereto as witnesses.

                                                                                                     E. Jones      

                                                                                                      W. R. Teague

 

Filed for Probate Dec. 3rd, 1928                        H. Ross Gilliland

Set for Jan. 4, 1929                                                 Judge of Probate

CERTIFICATE

THE STATE OF ALABAMA:

COUNTY OF ETOWAH.

    Before me, E.L. Hurst, Judge of Probate, in and for said County and State, do hereby certify that the within instrument of writing has this day in said County, and before me as the Judge thereof, been duly proven to be the genuine last Will & Testament of C. H. Mintz, deceased, and that said Will, together with the Proof thereof, have been recorded in my office in Book of Wills Record "C", pages 165-6-7 thereof.

In WITNESS WHEREOF, I have hereunto set my hand and seal of said Court this the 18th day of January, 1929.

                                             (SEAL)               E.  L. Hurst

                                                                       Judge of Probate