The State of Mississippi

Lauderdale County

Civil proceedings in the probate court of Lauderdale count held at the court house in the town of Marion on the 2^nd Monday of December AD 1852 before the Honorable Jubal B Hancock Judge of Probate.

Be it remembered that a regular term of the probate court was begun & held in and for Lauderdale County, at the court house thereof in the town of Marion on the 2^nd Monday in June 1852 it being the fourteenth day of said month. Present the Hon’l Jubal B Hancock Judge. Benj F. Parke, clerk RGB Harper sheriff.

In the matter of a certain instrument of writing purporting to be the last will and testament of David White deceased.
Upon reading the application duly made by Joel P. Walker for probate of a certain instrument of writing purporting & alleging to be the last will and testament of David White deceased, late a resident of this county, and on taking and reading the testimony of Isaac Canterberry William S. Patton & David McMillan subscribing witnesses thereto.

Page 2.

In the matter of a certain instrument of writing purporting to be a codicil to the last will & testament of David White, deceased.

Order of court:

Upon reading & filing the petition of Joel P Walker renouncing his appointment as executor of the estate of David White deceased as named in the will of decedent and also relinquishing all right to letters testamentary

Page 3.

of said will. It was ordered by the court that his renunciation & petition be recorded.

And it was therefore ordered by the court that Richard B G Harper, sheriff, take possession of the estate of David White deceased, and administer the same according to law with the will annexed, and carry out the provisions named in said will.

Know all men by these presents that I David White of the county of Lauderdale & the state of Mississippi being of sound disposing mind & memory do make & publish this my last will & testament.

First—I give and bequeath to my son James White a negro man slave for life named Jesee, aged about thirty five years.

Second—I give and bequeath to my son John White a negro boy slave for life named George aged about fourteen years.

Third—I give and bequeath to my sons-in-law G W Null, Robert Phillips, Joseph Dewett & Elijah White and Henry White, and my daughter Charlotta wife of Henry White each five dollars.

Fourth—I give and bequeath to the children of my daughter Margaret Dewett five dollars each.

Fifth—I give & bequeath to my granddaughters Mary & Amelia daughters of my daughter Malinda White, each five dollars.

Sixth—I give and bequeath to my beloved wife Jemima White all my household furniture, and all the rest and residue of my personal property, after paying from the same the several legacies already named, during her natural life and from and after the decease of my said wife. I give and bequeath the remainder thereof to my Grandchildren George, Julia Ann, Martha Ann, Jasper, Joel & Zachariah children of my daughter, Malinda White & David & John Wesley, children of my daughter Mary Null.

Greenberry White: to be divided in equal shares or amounts and delivered to my said grandchildren when they shall have attained the age of twenty one years or days of marriage which shall first happen.

Seventh—I give & devise to my beloved wife, Jemima White all of my real estate together with any and all estate right or interest in lands which I may acquire after the date of this will, during her natural life and from & after the decease of my said wife I give and devise the said real estate, together with any and all estate right or interest in lands, which I may acquire after the date of this will to my said Grandchildren, George, Julia Ann, Martha Ann, Jasper, Joel & Zachariah, children of my daughter Malinda White and David and John Wesley children of daughter Mary Null, also John, Mary & Greenberry White, children of my son Greenberry White and their heirs respectively to be divided in equal shares, portions or amounts between them, and delivered to my said grandchildren when they shall have attained the age of twenty one years or days of marriage which shall first happen, which said legacy given to my said wife aforesaid, I hereby declare is intended to be and is so given to her in full satisfaction and recompense of and for her dower & thirds –which she may or can in any wise claim or demand out of my estate.

Eighth—It is my will that my said wife Jemima White shall not, shall not in any wise sell or dispose of any part of my personal property or real estate without the consent and advise of my executor.

Ninth—I will & ordain after the decease of my said wife Jemima White, that the executor of this my last

Page 5

will & testament or his executor or executors shall with all convenient speed bargain & sell all the personal estate as well as bargain sell and alien in fee simple all the real estate belonging to me, and my said executor is hereby empowered and authorized to use the moneys arising from the sale of said estate in such a way or manner as he may think will be to the best interest of my aforesaid Grandchildren, George, Julia Ann, Martha Ann, Jasper, Joel & Zachariah White—children of my daughter, Malinda and David & John Wesley children of my daughter Mary Null also John Mary & Greenberry White, children of my son Greenberry White.

Tenth—I ordain and appoint my trusty friend & neighbor, Joel P. Walker as executor of this my last will & testament.

In testimony whereof I have here unto set my hand and seal and publish and declare this to be my last will and testament in presence of witnesses named below this the 23^rd day of December 1850.

Signed sealed published and declared by the said David White as and for his last will & testament in presence of us –who in his presence and in the presence of each other and at his request have here unto subscribed our names as witnesses, the 23^rd day of December 1850.

                                                                                                  Isaac Canterberry
                                                                                                  William S Patton
                                                                                                  David McMillan

Filed in office June 14^th 1852. Recorded in Book D page 389 & 90 June 16 1852.

One of the subscribing witnesses to the attached will in relation to the will of David White presented in probate court, June Term AD 1852.

1^st I believe that David White was of sound & disposing mind at the time he signed the same. It was the only will I know of his having made except from hearsay; and the will I signed as a witness was dated 23 of December 1850. I saw David White sign & seal the will and acknowledge the same to be done for the purposes therein specified on the day of its date, & that he subscribed the same in the presence of William S Patton one of the witnesses.

                                                                                                                                                    Isaac Canterberry
Sworn to and subscribed in open court June 14 1852.
J B Hancock Judge of probate.

The State of Mississippi Evidence of William S Patton on of the subscribing witnesses
Lauderdale County to the attached will, in relation to the will of David White, presented in probate court June Term AD 1852.
I saw David White sign, seal & acknowledge the paper exhibited to me, as his last will, on the 23 day of December AD 1850 and believe he was of sound & disposing mind.
William S Patton
Sworn to & subscribed June 14^th 1852 in open court.
J B Hancock Judge of probate

Page 7.

The State of Mississippi In the probate court of said county
Lauderdale County To the Hon’l Jubal B Hancock judge of probate

To the Honorable Jubal B Hancock judge of the probate court of Lauderdale County, in the state of Mississippi

The petition of David, John Wesley & Mary Null by their next friend, George W Null would respectfully show unto your honor that they are minors under the age of twenty-one years and that they are heirs at law of the estate of David White deceased late of said county of Lauderdale, that their mother, Mary Null now deceased, was the daughter of the said David White and that the said David White departed this life sometime in the month of May AD 1852.

Page 8.

(there appears to be at least one line missing from the top of this page)

Will and testament an another instrument purporting to be a codicil thereto, the first bearing date the 23^rd day of December AD 1850 and the last bearing date the 13^th day of March AD 1852, that said instruments were presented at the June Term AD 1852 of your Honorable court, and by the judgment & decree of said court admitted to probate as such will & codicil of the said David White deceased, and R G B Harper sheriff of said county appointed administrator with the will annexed and that he there upon entered the discharge of his said duties. Your petitioners further shows unto your honor and expressly charge the truth to be that the said David White on the 23^rd day of December AD 1850 and on the 13^th day of March AD 1852, the days on which the said will and the codicil thereto was made as aforesaid, was not of perfect sound and disposing mind and memory & understanding, or that he well knew what he said and did—or what was said and done in his presence.

Page 9.

or for making a testamentary disposition of his property, and these petitioners further shows that they are informed and believe it to be true, that the said will & codicil hereto was not the free and spontaneous act of the deceased but that they were procured to be made by the arts, contrivances & threats of one James White the son of said deceased, who took advantage of the infirm state of mind of the said deceased and excited his fears for the purpose of inclining his mind upon such a disposition of his property as would suit the views and purposes of the said James White

And your petitioners further show that the said deceased died leaving the following named persons heirs at law (to wit) Robert Phillips & Nancy his wife, Madison & Greenberry DeWett , Washington & Jane Morgan & John Allen & wife Eliza James & John White, that said parties are all citizens of said county of Lauderdale, except John White who resides in the state of Alabama.

Your petitioners, the premises considered, therefore pray your honor that the said persons be made parties to this petition & citations be issued, and that for the reasons before stated the probate of said will & codicil may be set aside and the same for naught held, all of which matters and things your petitioners are ready to verify and prove and maintain as this honorable court shall direct.

Evans & Daniels                                                                                                                                    David Null
Solicitors                                                                                                                                                John Null
                                                                                                                                                               Wesley Null
                                                                                                                                                               Mary Null

Page 10.

The state of Mississippi
Lauderdale County Personally appeared before me Benj F Parke clerk of the probate court of said County, George W Null who being duly sworn, makes oath that the facts stated in the foregoing petition are just and true to the best of his knowledge & belief.
                                                                                                                                                                   Geo W Null

Sworn & subscribed before me
8 November 1852
Benj T Parke clerke
Filed 8 November 1852. Recorded Book D pages 452 & 3.
Benj F Parke clerk

Reply to petition The state of Mississippi In the probate court of said county
Lauderdale county Dec term 1852

The answer of James & John White heirs and distributes of David White late of said county dec’d to the petition of David Null, John Null, Wesley Null, & Mary Null by their next friend, George W Null, contesting the last will and testament of David White late of said county dec’d.

Page 11.

have been granted by the probate court of said county to R B G Harper on the estate of said deceased as stated in said petition, and that said Harper is now the acting administrator of said estate, and said respondents further say and expressly vow that the said David White on the 23^rd day of December 1850; and on the 13^th day of March 1852, the days on which the said will & codicil thereto was made as aforesaid, was of perfect sound & disposing mind & memory & understanding, and that he well knew what he said and did and what was said and done in his presence and respondents aver that the said David White dec’d on the day of making said will & codicil and uttering the said testamentary words and talk and discourse rationally and sensibly, and they expressly deny that the said deceased was then incapable of making any testamentary disposition of his estate, and they aver that he was at the time capable of doing a rational act, and of exercising a proper judgment and reflection; Respondents admit that the said deceased had been for some years before making the said will & codicil occasionally addicted to intemperate habits, but they deny that he in consequence thereof became diseased and was of slender & weak capacity but they aver that he at all times unless when actually intoxicated was of a strong mind & disposing memory & could not be imposed upon as stated in said petition by unlawful & designing persons, and was capable of managing his own affairs and of making a testamentary disposition of his property at the time he did, being at the time & long previous entirely temperate and they aver that the said will & codicil was the free & spontaneous acts of the said deceased, and that the same was not procured by the acts contrivances or threats of the said James White as stated in said petition, and that the said James White did not take advantage of the infirm state of mind of said dec’d

Page 12.

and excite his fears for the purpose of inclining his mind upon such as disposition of his property as alleged in said petition.
Respondents admit that the persons named in said petition are heirs at law of said dec’d, but not the only heirs living and they aver that the heirs of Elijah White of Drew County Arkansas & the heirs of Greenberry White of Dallas County Alabama heirs al law of said deceased, and respondents aver that the probate of the said will & codicil ought to be confirmed by the court upon the proof to said will & codicil thereto attached, all of which matters & things respondents are ready to prove & maintain as this court shall direct & they pray to be here dismissed.
R McElroy att for respondents                                                                                      James White
                                                                                                                                      John White

The state of Mississippi Probate Court Dec term 1852
Lauderdale County Personally came into open court James White who being duly sworn saith on oath that the facts stated in the foregoing answer, so far as the same are known to him, are true & those not known to him believes to be true. J B Hancock
Judge of Probate
Filed 13^th December 1852
Benj F Parke clerk

The state of Mississippi I Benj T Parke clerk of the probate court in & for the county & state
Lauderdale County aforesaid do hereby certify that the foregoing 14 pages contain a true and correct copy of the proceedings in the probate court in the probating of the will & codicil to the will of David White so far as the same remains of record in my office.
In testamentary whereof I have hereunto set my hand & seal of office at Marion.
Feb 5^th 1853 Benj F Parke clerk

Page 13

Page 1.

The state of Mississippi
Lauderdale County
Civil proceedings in the probate court of Lauderdale County, held at the courthouse in the town of Marion on the 2^nd Monday of December AD 1852 before the honorable Jubal B Hancock judge of probate.

Be it remembered that a regular term of the probate court was begun & held in & for Lauderdale County at the court house thereof in the town of Marion on the 2^nd Monday in June AD 1852, it being the fourteenth day of said month present the honorable Jubal B Hancock judge, Benj F Parke clerk, RGB Harper sheriff.

Upon reading the application of Joel P Walker for probate of a certain instrument of writing purporting & alleging to be a codicil to the last will & testament of David White deceased late a resident of this county & on taking & reading the testimony of W W Warden & David McMillan subscribing witnesses thereto, the court after hearing all and singular the proof and allegations adduced preferred and submitted, and maturely considered the same now being satisfied that said instrument is fully & legally established as the true Codicil to the last will & testament of the said David White deceased and that the said David White was on the day of the date of said Codicil to wit the 13^th day of March 1852 of lawful age to devise & sound& disposing mind, memory and

Page 2.

understanding and of right & in law entitled to make said Codicil to his last will & testament. It is there upon considered, ordered, adjudged & decreed that the said instrument of writing be admitted to probate & recorded as the true & original codicil to the last will & testament of the said David White.

Whereas I David White of the county of Lauderdale and state of Mississippi, have made my last will & testament in writing, bearing the date 23^rd day of December AD 1850 and have hereby provided that my grandchildren named in my said will should share alike & instead of their sharing with the others. Now I do by this my writing which I hereby declare to be a codicil to my said will to be taken as a part thereof, Give and bequeath to my grandchildren John Mary & Greenberry White children of my son Green B White a negro woman slave named Hannah.
I also will & direct that after my decease should I not live to see another year that my Executor (Joel P Walker permit my worthy friend John L Wright to continue on my premises until he makes & gathers the crop he is planting for this season, and my said executor is directed to suffer no legacies or anything else to be removed from the said premises that is necessary for cultivating and gathering said crop, and after said crop is made and gathered my said Executor will deliver on the premises to the said Wright one fourth of everything produced corn oats potatoes etc.

I also will and direct that my said Executor shall to all interests and purposes carry out the provisions of my will the same as tho my wife Jemima White had survived me as mentioned in art. Sixth seventh & ninth.

Page 3.

and lastly it is my desire that this my present codicil be annexed to & made a part of my last will & testament to all intents & purposes. In witness whereof I have herewith set my hand & seal this 13^th day of March AD 1852.
                                                                                                                                                                                                                                  David White

The above instrument of one sheet was at the date thereof declared to us by the testator David White to be a codicil to be annexed to his last will and testament, and he acknowledged to each of us, that he had subscribed the same and we at his request sign our names hereto as attesting witnesses.

The State of Mississippi Personally appeared in open court W W Warden one of the subscribing
Lauderdale County witnesses to the codicil of David White to be attached to his will, who being first duly sworn deposeth & sayeth that he saw David White sign & seal the within by his mark & acknowledge the same to be done for the purposes therein mentioned, on the day & date therein written and that he was of sound disposing mind & that the testator signed the same in the presence of David McMillan & myself. W W Warden
Sworn to and subscribed in open court June 15^th 1852. J B Hancock Judge of Probate

The state of Mississippi Personally appeared in open court David McMillan, one of the
Lauderdale County subscribing witnesses to the codicil of David White to be attached to his will who first being duly sworn deposeth & sayeth that he saw David White sign the written

instrument by his mark & acknowledge the same to be done for the purpose therein mentioned on the day & date therein written—and that the said David White was of sound disposing mind—and that the testator signed the same in the presence of W W Warden & myself David Millan
sworn to and subscribed June 14^th 1852
J B Hancock Judge of Probate
filed Jun 14^th 1852 Recorded Book D page 391 & 392 June 16^th 1852.
Benj F Parke clerk

The State of Mississippi In the probate court of said county
Lauderdale County In the matter of the last will & testament of David White deceased
I Joel P Walker named & appointed in the said last will & testament for the execution thereof, hereby renounce the office and trust thereby confided to me, and all right to probate and letters testamentary of said will and pray record of my renunciation in this behalf to the honorable Jubal B Hancock judge of said court.
Joel P Walker
Filed 14^th June 1852 Recorded 16^th June 1851 Book D 392 Benj F Parke clerk

To the Honorable Jubal B Hancock, Judge of the Probate Court of Lauderdale county in the state of Mississippi.

The petition of David John Wesley & Mary Null by their next friend George W Null would respectfully show unto your honor that they are minors under the age of twenty one years, and that they are heirs at law of the estate of David White deceased, late of said county of Lauderdale, that their mother Mary Null, now deceased was the daughter of the said David White and

Page 5.

Page 6.

or for making a testamentary disposition of his property, and these petitioners further shows that they are informed and believe it to be true that the said will & codicil hereto was not the free & spontaneous act of the said deceased but that they were procured to be made by the acts contrivances & threats of one James White the son of said deceased, who took advantage of the infirm state of mind of the said deceased, and excited his fears for the purpose of inclining his mind upon such a disposition of his property as would suit the views and purposes of the said James White.

And your petitioner further shows that the said deceased died leaving the following named persons heirs at law, to wit; Robert Phillips & Nancy his wife, Madison & Greenberry DeWett, Washington & Jane Morgan & John Allen & Eliza & James & John White, that said parties are all citizens of said county of Lauderdale except John White who resides in the state of Alabama.

Page 7.

The State of Mississippi Personally appeared before me Benj F Parke clerk of the probate court
Lauderdale County of said county George W Null who being duly sworn makes oaths that the facts stated in the foregoing petition or just and true to the best of his knowledge & belief.
                                                                                                                                   George W Null
Sworn & subscribed to before me 8^th November 1852 Benj F Parke clerk
Filed 8^th Nov 1852 Recorded Book D pages 452 & 3 Nov 17 1852 Benj F Parke clerk

The State of Mississippi In the probate court of said county Dec Term 1852
Lauderdale county

Reply to Petition: The answers of James & John White heirs & distributes of David White late of said county dec’d, to the petition of David Null, John Null, Wesley Null & Mary Null by their next friend Geo W Null contesting the last will & testament of David White late of said county deceased.
The respondents now and all times hereafter saving ? for answers to the said petition or to so much thereof as they are advised it is material for them to make answer unto.
They answering say they admit that the said David White Departed this life about the time mentioned in said petition, and that he left his last will & testament, the first bearing date on the 23^rd day of December 1850, and the said codicil bearing date the 13^th day of March 1852 as stated in said petition, and that said instruments were probated as the last will & testament of said David White dec’d as stated in said petition, and that letters of administration with the said will codicil annexed

Page 8.

have been granted by the probate court of said county to R G B Harper on the estate of said deceased as stated in said petition, and that said Harper is now the acting administrator of said estate, and said respondents further say and expressly vow that the said David White on the 23^rd day of December 1850; and on the 13^th day of March 1852 the days on which the said will & codicil thereto was made as aforesaid was of perfect sound and disposing mind & memory & understanding, and that he well knew what he said and did, and what was said and done in his presence, and respondents aver that the said David White dec’d on the day of making said will & codicil and making uttering the said testamentary words and talk and discourse rationally & sensibly and they expressly deny that the said deceased was then incapable of making any testamentary disposition of his estate and they aver that he was at the time capable of doing a rational act and of exercising proper judgment and reflection, Respondents admit that the deceased had been for some years before making the said will & codicil occasionally addicted to intemperate habits, but they deny that he in consequence thereof became diseased, and was of slender & weak capacity but they aver that he at all times unless when he was actually intoxicated, was of strong mind & disposing memory & could not be imposed upon as stated in said petition by unlawful & designing persons and was capable of managing his own affairs and of making a testamentary disposition of his property at the time he did; being at the time & long previous entirely temperate, and they aver that the said will & codicil was the free & spontaneous acts of the said deceased and that the same was not procured by the acts contrivances or the threats of the said James White as stated in said petition, and that the said James White did not take advantage of the infirm state of mind of said deceased.

Page 9.

and excite his fears for the purpose of inclining his mind upon such disposition of his property as alleged in said petition .
Respondents admit that the persons named in said petition are heirs at law of said dec’d, but not the only heirs living, and they aver that the heirs of Elijah White of Drew county Arkansas & the heirs of Greenberry White of Dallas County Alabama heirs at law of said deceased, and respondents aver that the probate of said will & codicil ought to be confirmed by the court upon the proof of said will & Codicil thereto attached, all of which matters & things respondents are ready to prove & maintain as this court shall direct and they pray to be hence dismissed.                   James White
                                                                                                                                                                                                                                         John White
R McElmy atty for Respondents

The State of Mississippi Probate court December Term 1852
Lauderdale County
Personally came into open court James White who being duly sworn saith on oath that the facts stated in the foregoing answer, so far as the same are known to him are true & those not known to him he believes to be true .
Filed 13^th Dec 1852 J B Hancock judge of probate
Benj F Parke clerk

In the matter of a certain instrument of writing purporting to be the last will & testament of David White deceased and a codicil of said will.

This cause having been brought to hearing upon the pleading & proof thereon, and having been set down for hearing this day, and George W Null the party contesting the validity of said instrument by Evans & Daniels his solicitors having thereupon preferred his certain petition wherein he prays then

Page 10.

that an issue may be made up in this cause & sent for trial by jury in the Circuit court of this county and James & John White having filed their answer to said petition,
It is ordered adjudged & decreed, and this court by virtue of the power & authority thereof doth order adjudge & decree that an issue be formed, made up and tried between the parties in this cause by a jury of the County of Lauderdale in the circuit court of said county to inquire, ascertain & determine whether or not the said will & codicil thereto is the will of the said David White deceased.

Probate court August Term AD 1853.
This day came on to be heard the motion of S Evans attorney for G W Null next friend ? to reform the issue in the case of David White will & codicil by making separate issues for each, according to the judgment of the circuit court which motion being heard is sustained.

It was thereupon ordered by the court that separate issues be made and sent to the next term of the Circuit court for trial, according to law in such case made & provided,

Page 11.

The State of Mississippi
Lauderdale County

In testimony that the preceding pages contain a true and correct copy if the Codicil to the will of David White deceased, and the proceedings of the probate court as fully as the same remains of record in my office.
I have here unto set my hand & affixed my seal of office thereto this the 19^th of August 1853.
Benj F Parke clerk