Clarke County, Mississippi Genealogy

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Probate Court Records

Estate of Thomas S. Sterling

Will Book 2, Page 12

 To William F. Green Clerk of the Probate Court of said County.

        A special Term of the Probate Court of said County will be held on Friday the twenty fourth day of May Inst. for the purpose of admitting to probate the last will and testament of Thomas S. Sterling late of said County deceased and for granting all orders and bring all other business necessary to be done appertaining to said Estate.

         Given under my hand and seal this 14th day of May A.D.      (signed) Henry Hailes J.P.C.C. (seal)

Will Book 2, Page 13

        At a Special Term of Probate Court agreeably to the above order held in and for the County of Clark (sic) at the courthouse thereof on the 24th day of May A. D. 1839.

        Present the Honorable Henery Hailes Judge, W. F. Green Clk, R. B. Crosby Shff.

        Personally appears in open Court John G. Creagh who  presented the last will and testament of Thomas S. Sterling deceased which was proved by William Falconer and James A. Howze two of the subscribing witnesses to the same and ordered to be recorded.

        John G. Creagh appeared in open court and took the oath as Executor of the last will and testament of Thomas S. Sterling deceased.  Whereupon it is ordered by the court that Letters testamentary issue to John G. Creagh aforesaid.

        Ordered by the Court that Benjamin Estes, James Vance and William D. Williams be appointed appraisers of the Estate of Thomas S. Sterling deceased.

        Ordered by Court That John G. Creagh Executor of the last will and testament of Thomas S. Sterling deceased be authorized to sell all the personal property of said Estate (negroes Excepted) or so much thereof as he may deem necessary.

        Ordered by the Court that the court now adjourn until court in course.

Henry Hailes Judge

Will Book 2, Page 14-15

        In the name of God. I, Thomas S. Sterling now being of sound mind and memory but  weak in body and wishing to arrange and dispose of my worldly affairs, do now make and publish this my last will and Testament in manners and form following to wit:

        1st  After the payment of all my debts, I wish all my property both real and personal to be divided unto four equal parts and I hereby devise and bequeath the same to Mary P. Sterling, my beloved wife, William I. Sterling, Thomas F. Sterling, and Mary I. Sterling my dear children in manner and form  following to wit:  firstly I devise and bequeath to Mary my wife above named unconditionally and forever one part to be first selected by her on her chance of the part  above mentioned to be made.  Secondly, I devise and bequeath the other three parts to my children above named in like manner to each one part to be selected by lot by my Executor hereafter appointed.

        Term 2nd  I hereby nominated and appoint Thomas P. Falconer to attend to arrange all my matters and affairs in any wise connected with the Mississippi and Alabama Railroad Company and Settle the same with my Executor hereafter appointed and the said Thomas P. Falconer Shall not be required to give bond and security for the performance of said Trust.

        3rd   My Executor herein after appointed is authorized and required to Execute titles to Thomas P. Falconer and Robert Collins to lands for which titles are due from me to them the number of which and this location and description of the same to be designated by the said Thomas P. Falconer.

        4th  I hereby nominate and appoint John G. Creagh Executor to this last will and Testament to be Executed according to my wish contained in this same and it is my will that my Executor be not required to give Bond and security for the performance and of the trust herein required of him.

        In testimony whereof I have hereunto set my hand and affixed my seal this thirty first day of December Eighteen hundred and thirty eight.

(signed) Thos. S. Sterling (seal)

        Personally appeared in open Court William Falconer and James A. Howze two of the subscribing witnesses to the within will who being duely sworn deposith and Saith that they saw the within named Thomas S. Sterling in their presence and in the presence of the other subscribing witnesses sign and publish the within as his last will and Testament and that they together with William Towner and William H. Strebeck at the request of the testator signed said will as subscribing witnesses in his presence.

W. F. Green Clk.

Recorded this the 24th day of May A.D. 1839

W. F. Green Registar Probate Court C.C.

Will Book 2, Page 16

(Extract of pg 16, dated June 3rd, 1839)

        This day John G Creagh Returned the inventory of the Estate of Thos. S. Sterling deceased duely authenticated.

        Ordered by the Court That the same be received and ordered to be recorded.

        Ordered by the court That the following account be allowed (To Wit) against the Estate of Thomas S. Sterling Viz.  William Towners account for $98.75.

Will Book 2, Page 19-24

        The following contains a full and complete Inventory of all the personal property of the Estate of the late Thomas S. Sterling which has come to the possession of the Executor, also an appraisement of said Estate as made by Benjamin Estes, James Vance, and William D. Williams, on the 25th May 1939 by order of the Probate Court of Clark (sic) County, Mississippi.