Monday, September 17, 2007

Will of Josiah Settle (1799-1869)

Set forth below is the will of Josiah Thomas Settle (1799-1869). He was the son of David Settle (1758-1833) and Rhoda Mullins (1768-1852)


JOSIAH SETTLE, dec. Exemplification of nunciepative will

J. M. Walker et al ex Josiah Settle, dec.

This day come this cause on to be heard, on the petition of said J. M. Walker, E. G. Howard [Elizabeth Graves Settle Howard], and her husband W. A . Howard [Henry Allen Howard, M.D.] and Thomas L. Graves, alleging that Josiah Settle, late of the County of Tishomingo, Mississippi, departed this life, sometime in the month of May 1869, leaving a last Will and Testament; that said Will, was left with A. B. Delworth, of the County of Tishomingo, State of Mississippi that said Will, was accidentally lost by said Delworth, that diligent search has been made for said Will in all places where it was probable the same would be found, and that said Will cannot be found; that said Will was duly signed and Witnessed by three attesting Witnesses, Josiah Walker, Daniel Hudson and W. F. Wallace, That said Will, contained the following bequests, namely; to his daughter Elizabeth G. Howard, he gave the following Negroes, namely, Lovenia and her children, John and Margaret, Julia and her children; Martha and her children, Winston, Moses, Madison, Lucinda, and her child. To W. A. Howard, he gave Dick, and his wife, Hester and Whet. To his granddaughter, F. T. Howard, he gave a girl, Ray. To his grandson, Josiah Howard he gave a boy John. To his daughter F. L . Seams [Graves], he gave Patsey , and her child Lafayette, Anderson and his wife Eliza, and her child Aaron, Cid and his wife, Lucy and her children , Albert, Enos, Dianna, and two children. To his grandson J . Graves, he gave Frank and his wife Jane, and her children and the residue of his Estate both real and personal, bequeathed to his two daughters, the petitioners above named , E. G. Howard and F. L. Graves, share and share alike. To Nancy and her children, Sidney, Pinkney, W. H. Harrison, Henry Clay, Winfield Scott, Cornelia, Josiah, Josephine, his former Slaves, the property which he had before the making of said Will given them in the State of Ohio. That the said petitioners E. G. Howard , and F. L. Graves, are heirs at law of the said Testator, and praying that said Will, as set forth in said petition, be upon due proof established and admitted to Probate and made as matters of record in this Court; and that said J. M. Walker, one of the petitioners be appointed Executor of said Will & after due consideration, and after having the affidavits and depositions made by petitioners, and the testimony of Witnesses in open Court, it is adjudged by the court, that in the fall of 1860, the said Josiah Settle, made a last Will and Testament, which was duly signed by him and published; that said Will was attested by three subscribing witnesses who subscribed their names to said Will, at the request of said Settle and that said Settle signed said Will in the presence of said subscribing Witnesses, and that the Witness signed in the presence of the Testator, and in the presence of each other.

The said above Will, as set forth, be admitted to probate , as the last Will and Testament of Josiah Settle, dec. Tis therefore now ordered and decreed by the court, that said J. M. Walker, be appointed Executor of the last Will and Testament of the said Josiah Settle, deceased, and that letters issue and be recorded, he having this day appeared in open court, and taken the oath prescribed by law and entered into bond, in the penalty of one thousand dollars, with B. B. Boone and W. O. Howard, as his Sureties.

J. W. Stevens, Probate Judge

Sept. 14, 1869 Second days minutes State of Mississippi, Tishomingo County; I. J. Webster, Clerk of Probate Court for said County, do hereby certify that the foregoing is a true copy or transcript of an order of the Probate Court of said County, of the probate of the Will and grant o f letters thereon of Josiah Settle, deceased, as appears of record on the minutes of said Court, Witness my hand and official seal at office Jacinto, Miss. this 17th day of Sept. A. D . 1869 Joshua Webster, Clerk

The State of Ohio, Butler County Ss:-Probate Court:- Be it remembered that at the probate court of Butler County, Ohio holden at Hamilton, in said County and State, on the 5th day of March 1870, a copy of the last Will and Testament of Josiah Settle, deceased, was produced in open court, and it appearing that said Will, was duly proven and allowed in the Probate Court of Tishomingo County, in the State of Mississippi, as the valid last Will and Testament of Josiah Settle deceased. It is therefore ordered, adjudged and decreed by the Court, that the same be admitted to record, among the records of Wills of this office, as the valid last Will and Testament of Josiah Settle, deceased . By the Court Joseph Traber Probate Judge

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