WILL OF JOSEPH ROACH

(Book 13, Page 446)

In the name of God, Amen, I Joseph Roach of the County of Pontotoc and state of Mississippi, being of sound mind and memory, and considering the uncertainty of this transitory life, do therefore make ordain publish and declare this to be my last will and testament --- That is to say - First, after all my lawful debts are paid and discharged, the residue of my estate real and personal I bequeath and dispose of as follows to wit, To my beloved Mother Matilda Clayton the land and products of the same, the land being a portion of the North West quarter of Section twenty three, Township nine, Range three East of the Basis line in the Chickasaw cession, bounded as follows, Beginning thirty Seven poles from the North East corner of said quarter section on the Northern boundery line, then running South forty three poles, then South west forty four poles, then North East Sixty-Seven poles, then East forty four poles, containing fifteen acres, said land being in the County of Pontotoc and state of Mississippi, and my stock with the products and increase of them, Together with all that may be or is due to me from any person or persons – That is after my death, to have and to hold as she may deem it proper I hereby subscribe my name.
Joseph Roach

Likewise I make constitute and apoint my brother J H Roach to be my executor of this my last will and testament hereby revoking all former wills by me made – In witness where of I have hereunto subscribe my name and affixed my Seal the ninth day of August one thousand eight hundred and sixty-one.
Joseph Roach
Seal
I hereby certify that I am Satisfied with this will.
J H Roach
Joseph Roach was killed in the Fort Donaldson Battle February 15th, 1862 – Ransom Clayton, T J (or G) W Clayton, Mrs NA Clayton Mrs PAF Roach there witnesses to this will.
The State of Mississippi
In the Probate Court, Pontotoc County

Be it remembered that on this the 13th day of May 1862, being the 2nd day of the May term 1862, of the Probate Court of Pontotoc, the instrument of writing hereto annexed purporting to be the last will and testament of Joseph Roach was presented for probate, and thereupon in open Court came George W Clayton and William R Brown credible witnesses, who after being duly sworn to testify the truth the whole truth and nothing but the truth, on oath testify and say that the said instrument of writing here to them in court shown is wholly in the proper handwriting of the said Joseph Roach, that the said instrument of writing was wholly written and subscribed by him
GW Clayton
WR Brown
Sworn to subscribed in open Court this 13th day of May 1862, WS Bates Probate Judge
The State of Mississippi
Pontotoc County Probate Court,
To the Hon WS Bates Judge of the Probate Court of said County – The undersigned JH Roach the Sole executor named in the last will and testament of Joseph Roach died probated in the Probate Court of said County, hereby relinquish and decline to accept said trust and to qualify as such executor Given under my hand and seal this day of May the 27th 1862.
Godfrey Ridge
JH Roach Seal

Estate of Joseph Roach deceased
This day came on to be considered the probate and Record of the last will and testament of Joseph Roach deceased, presented at a former term of this Court, and it appearing to the Satisfaction of the Court that the said writing was at the last May term of this Court duly proved to be the last will and testament of the said Joseph Roach, it is adjudged ordered and Decreed by the Court that the said writing be admitted to probate and record in this Court as the last will and testament of the said Joseph Roach and it further appearing to the Court that JH Roach the sole and only executer named in said will hath renounced the said trust and hath declined to accept the Same; and it further appearing to the satisfaction of the Court that the entire estate both real and personal of the said testator is by his said will bequeathed to his mother Matilda Clayton, and that the Same is in her possession; It is further ordered by the Court that all further action of this Court in reference to said last will and testament and to the said deceased’s estate be continued indefinitely ordered and decreed in open court and ordered to be entered in the minutes thereof this 14th day of July 1862
WS Bates
Judge