Last Will And Testament OF
Susan Crenshaw Ward Burford
In the matter of a certain instrument of writing, purporting to be the last will and testament of Mrs. S C Burford, deceased.
Upon reading and filing the petition, duly verified, of S. Z. Key for probate of a certain instrument of writing purporting and alleged to be the last will and testament of Mrs. S C Burford, deceased, late a resident of this County, and on taking and reading the testimony of T F Burford and W R Key witnesses who are familiar with and acquainted with the hand writing and signature of said deceased: the Court after hearing all the singular, the proof and allegations, addressed, preferred and submitted, and maturely considering the same being of written was wholly written and subscribed by herself. The said S C Burford delivered it now satisfied that said instrument is full and legally established as the true and original last will and testament of the said Mrs. S C Burford, deceased; and that the said Mrs. S C Burford was on the day of the date of said will, that is to say, on the 3rd day of April in the year of our Lord One Thousand and Nine Hundred of lawful age, to devise, and of sound disposing mind, memory, and understanding, and of right and in law entitled to make said will. It is thereupon considered, ordered, adjudged and decreed, that the said instrument of writing be admitted to probate and recorded as the true and original last will and testament of the said Mrs. S C Burford, deceased.
This ordered adjudged, and decreed this 1 day May of AD 1902. Sam J House, Clerk
To the Chancery court of the County of Tate State of Mississippi)
Respectfully represents the petition of S. Z. Key of said County, that on the 7th day of January last Mrs. S C Burford, late of said county, departed this life, leaving a last will and testament duly signed. The same was wholly written and subscribed by herself, the said Mrs. S C Burford, dec'd, as your petitioner believes, and which she, in pursuance of the statue herewith presents to this honorable court for probate. That said will is subscribed by said Testatrix and that the said instrument is wholly written by herself. T F Burford and W R Key are and have been for many years intimately acquainted with the said testatrix and they are familiar with her hand writing and signature. She asks that said witness be supposing forthwith to give evidence as to the writing and signature aforesaid. Petitioner shows further that said testatrix died seized and possessed of about one hundred and twenty acres of land in said Tate County situated about five miles southwest from Independence, Miss. That she left no personal estate of any value only her wearing apparel and a bed. All of her personal estate not being worth over twenty-five dollars. It is therefore not necessary to have any administrator. She therefore prays that the said paper writing be admitted to probate as the last will and testament of the said Mrs. S C Burford deceased. And for general relief. And as in duty bound petitioner will ever pray etc, etc.
S. Z. Key
Affirmed to and subscribed before me this 1 day of May AD 1902)
Sam J House, Clk
To The Chancery Court of The County of Tate, State of Mississippi)
S. Z. Key, W. S. Burford, S. Burford and Rebecca Brister Complainants against
Eric Burford, minor and J. B. Thomas as the Guardian of said minor.
Complainants respectfully show to the Court that their mother Mrs. Susan C Burford, late a resident of this County departed this life on or about 7th day of January last. Leaving a last will and testament which has been probated in this Court in Cause No 1673. Which is here referred to and asked to be considered a part of this bill. That the said Susan C Burford died seized and possessed of the following lands situated in Tate County Mississippi, to wit: the West half of the North East quarter and the North0West quarter of the South-East quarter of Section 16, Township 5, Range 6 (six) West. That Complainants and Defendants are the heirs at law of the said Susan C Burford deceased but that under her said will, said Eric is to have nothing until he should arrive at the age of twenty-one years of age. And that the Complainants are directed to pay him inn the aggregate an amount equal to one fifth of the net proceeds of deceased estate. A copy of said will is here to appended as part of this bill and pray it to be considered as such. Complainants ???? that they are the joint owners, joint ????? and ????????? of the lands herein before described they further show that all the parties are not residents of this State except Complainant S. Z. Key and Rebecca Brister who are residents of this Tate County. W. S. Burford is a resident of Thornton County, Arkansas P. O. address. S Burford is resident of Dallas County, State of Arkansas P O Address being Ramsey. The defendant resides with his guardian whose place of residence are in Dallas County, Arkansas having for their Post Office address Fordyce in said County and State. Complainants show that they and the said Defendants each own one fifth of said lands. But that the fifth which is to go to said Eric is upon the contingency that he lives until he is twenty one years old. That at that time under the directives of said will they the Complainants will be indebted to his said one fifth. #Until then they are entitled to the entire estate the land is not susceptible of partition in kind. It will be to the advantage of all parties to for the same to be sold and the proceeds be divided among the parties at interest and held by Complainants as per the terms of said will.
The previous considered Complainants pray that due and proper publication be made for the said Eric Burford both to him and to J. B. Thomas his said Guardian to appear before this Court and plead answer on decree to this bill answer under each being herein specially waived and that upon final hearing Complainants prays that a decree be granted directing a sale of the land that a Commissioner be appointed for that purpose. That the proceeds be paid to Complainants with directions for each to pay the said Eric in case he reaches his 21st year an amount sufficient to give to him what the Complainants---------------------such other --------------as Complainants in equity to good conscience are entitled to receive and as in duty bound they will ever pray etc.
Scott & Jones, Sols for Compts.
Note: Written in the margin-----
#A codicil or addenda to said will of the said Susan C Burford directed Complainant, W. S. Burford, to wit: Charge and hold the share or part which will go to the said Eric in case he shall live until he is 21 years old.
State of Mississippi Tate County)
Before me Sam J House Clerk of the Chancery Court for aforesaid County formally appeared S W Jones one of the Solicitors for Complainants who upon says that the allegations and statements stated in the foregoing bill of his own knowledge are true those stated upon information he believes true.
S. W. Jones
Sworn to and subscribed before me this Aug 7, 1902.
Sam J House, Clerk
Copy of Will of S. C. Burford
April 3, 1900 in the State of Mississippi, Tate County
I, S. C. Burford, concerning Eric Burford the son of D W and Eva Burford is debarred from my estate until he is twenty one years old and if said Eric Burford should not live to be twenty one years old his interest belongs to my children this is my wish and will. I want this strictly carried out after my death. I want Eric Burford to have no part in the division of my estate for my children to pay Eric Burford the fifth when he becomes twenty one years old the fifth part of my estate. Written and signed by
S. C. Burford (Seal)
No interest to accrue on his part placed in hands W. S. Burford after my death.
S. C. Burford
This Page Updated January 20, 2010
County Coordinators: Syble Embrey & Marie Carlton
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