AAFA Wills
WILL OF A. W. ALFORD (ANTHONY W. ALFORD)
I, A. W. Alford, of Leanna, in the County of Allen and the State of
Kansas, being of sound mind and memory, do make publish and declare
this my Last Will and Testament, hereby revoking and making void all
former Wills by me made, and declare this, and this only, my last Will
and Testament, in manner and form, as follows; that is to say.
First: It is my desire and Will that all my just debts and funeral
expenses be fully paid.
Second: I give, devise and bequeath to my beloved wife, Rachel Alford,
her heirs and assigns for ever, all my property, real, personal, and
mixed, of what nature and kind soever, and wheresoever the same shall
be at the time of my death.
Third: for the purpose of carrying out the provisions of this, my will,
I hereby appoint O. D. Courtney, of Sansburg, Allen County, Kansas,
executor, and as my estate is much more than ample to pay all my just
debts, and as I have full faith and confidence that my executor herein
named will faithfully carry out the provisions of this my Will, I request
that he be allowed to act as such, without bond.
And I hereby revoke and annul all other Wills by me made and declare
this, and this only, to be my Last Will and Testament.
In Witness Whereof, I have hereunto subscribed my name and affixed
my seal at Leanna, Allen County, Kansas, this 9th day of February, A.
D. 1918.
A. W. Alford (Seal)
Signed, Sealed, published and declared by the said A. W. Alford as
and for his Last Will and Testament in the presence of us, who in his
presence and in the presence of each other and at his request have subscribed
our names hereto as witnesses this 9th day of February A. D. 1918.
Earl Reed Leanna Kansas
D. S. Wing Leanna Kansas
This Will is written on one page of one sheet.
PETITION FOR PROBATE OF WILL
In the Probate Court within and for the County of Allen and State of
Kansas,
In the Matter of the Estate of A. W. Alford Deceased.
PETITION FOR PROBATE OF WILL
Comes now Rachel Alford and respectfully represents to said Probate
Court that A. W. Alford, late of the County of Allen, State of Kansas,
departed this life on the 17th day of May A. D. 1918, leaving a Last
Will and Testament, which said Last Will and Testament is hereto attached,
Marked "Exhibit A" and made a part hereof. That said Last
Will and Testament has been executed in all respects according to law.
And your petitioner further says that the said A. W. Alford left surviving
him as his heirs at law
Rachel Alford wife Leanna, Kansas Metta Hume (?) Simla, Colorado of
legal age
Newton Alford Caddoa, Colorado of legal age
Erret Alford Simla, Colorado of legal age
Simon Alford Freemont, Nebraska of legal age
Pauline Alford Leanna, Kansas age 14 years
Beulah Alford Leanna, Kansas age 11 years
And your petitioner further says that at the time of the execution
of said Last Will and Testament said A. W. Alford was of sound mind
and memory and not under any restraint.
That in said Last Will and Testament the said A. W. Alford appointed
as Executor of the same O. D. Courtney of Allen County, Kansas.
In consideration whereof, and to the end that said Will may be proved,
established, performed and admitted to probate, your petitioner prays
that the Court set a time for the hearing of said petition, and that
upon such hearing said Last Will and Testament may be duly admitted
to probate and letters testamentary be issued to O. D. Courtney as Executor
of said Last Will and Testament of _______________ [name omitted] deceased.
Rachel Alford _____________
STATE OF KANSAS, ALLEN COUNTY, SS.
Rachel Alford of lawful age, being duly sworn, upon oath says that
she signed the foregoing petition; that she knows the contents thereof,
and that all the statements therein contained are true
Rachel Alford
Subscribed and sworn to before me, this 27th day of May A. D. 1918.
(Seal) J. B. Smith Probate Judge
PROOF OF WILL
PROOF OF WILL OF A. W. Alford DECEASED.
STATE OF KANSAS, ALLEN COUNTY, SS. In the Probate Court of Said County.
In the Matter of the Proving of the Last Will and Testament of A. W.
Alford Deceased
And now, on this 27th day of May, A. D. 1918, comes Earl Reed who being
first duly sworn, upon his oath saith: My name is Earl Reed my residence
is Leanna Kansas my age is 38 years; I was acquainted with A. W. Alford
a resident of Allen County, Kansas, about 35 years, in his lifetime;
I was present at his home on the 9th day of February, A. D. 1918 and
saw the said A. W. Alford sign the foregoing instrument of writing,
purporting to be the Last Will and Testament of the said A. W. Alford
and heard him publish and declare the same to be his Last Will and Testament,
and at his request and in his presence and in the presence of D. S.
Wing I signed said instrument as a subscribing witness thereto. And
the said D. S. Wing at the request of said A. W. Alford and in his presence
and in my presence, signed said instrument as a subscribing witness
thereto.
At the time of signing said instrument said A. W. Alford was about
66 years of age; he was of sound mind and memory, and was not under
any restraint or undue influence whatever.
Said A. W. Alford is now dead; he departed this life on the 17th day
of May A. D. 1918.
Earl Reed
Subscribed and sworn to before me, this 27th day of May, A. D. 1918.
(Seal) J. B. Smith Probate Judge ____________
Also comes D. S. Wing of lawful age who being first duly sworn, upon
his oath saith: My name is D. S. Wing my residence is Leanna Kansas
my age is 41 years; I was acquainted with A. W. Alford a resident of
Allen County, Kansas, about 12 years in his lifetime; I was present
at his home on the 9th day of February A. D. 1918, and saw the said
A. W. Alford sign the foregoing instrument of writing, purporting to
be the Last Will and Testament of the said A. W. Alford and heard him
publish and declare the same to be his Last Will and Testament, and
at his request and in his presence and in the presence of Earl Reed
I signed said instrument as a subscribing witness thereto. And the said
Earl Reed at the request of said A. W. Alford and in his presence and
in my presence, signed said instrument as a subscribing witness thereto.
At the time of signing said instrument, said A. W. Alford was about
66 years of age; he was of sound mind and memory, and was not under
any restraint or undo influence whatever.
Said A. W. Alford is now dead; he departed this life on the 17th day
of May A. D. 1918.
D. S. Wing
Subscribed and sworn to before me this 27th day of May A. D. 1918.
(Seal) J. B. Smith Probate Judge
COPY OF WILL
State of Kansas, Allen County, SS.
I, J. B. Smith Judge of the Probate Court, in and for said County of
Allen aforesaid, do hereby certify that on the 27th day of May A. D.
1918, at the regular May term, A. D. 1918 of the Probate Court aforesaid,
the foregoing writing, purporting to be the Last Will and Testament
of A. W. Alford deceased, was duly proved, admitted to Probate and of
record, as a Will of Real and Personal Property according to the laws
of the state of Kansas.
In TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed
the Seal of said court, this 27th day of May A. D. 1918.
(Seal) J. B. Smith Probate Judge
____________
State of Kansas, Allen County, SS.
I, J. B. Smith Judge of the Probate Court, in and for said County of
Allen, State of Kansas, do hereby certify that the above and foregoing
is a full, true and correct copy of the last Will and Testament of A.
W. Alford deceased, and of the Certificate of Probate of said Will,
as the same appear upon the record of said Court.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal
of said Court at office, this 27th day of May A. D. 1918.
(Seal) J. B. Smith Probate Judge
Order Admitting Will to Probate, and Appointment of Executor
AND NOW, on this same day, to-wit: May 27th 1918, appeared Earl Reed
and D. S. Wing subscribing witnesses to said instrument, in writing,
purporting to be the Last Will and Testament of A. W. Alford deceased,
and the evidence being all in, and the Court having heard and fully
considered the same, finds that the said testator was of full age, sound
mind and memory, and under no restraint at the time the said Will was
executed, and that in all other respects it is in conformity with law.
IT IS THEREFORE ORDERED, that said instrument, in writing, be and it
is hereby admitted to probate, and of record in this Court, as and for
the Last Will and Testament of the said A. W. Alford deceased.
And it appearing to the Court, that O. D. Courtney has been nominated
in said Will as executor thereof, and without bond.
IT IS THEREFORE ORDERED, that he be and is hereby appointed executor
of the Last Will and Testament of the said A. W. Alford deceased, and
that he be not required to give bond in the sum of $_____ for the faithful
discharge of his duties under said trust.
(Seal) J. B. Smith Probate Judge
Letters Testamentary
State of Kansas, Allen County, SS.
THE STATE OF KANSAS,
To All Persons to Whom These Presents Shall Come--Greeting:
Know ye, That the last Will and Testament of A. W. Alford deceased,
hath in due form of law been exhibited, proved and recorded in the office
of the Probate Court of Allen County, a copy of which is hereto annexed;
and it appearing that O. D. Courtney is named in said Will as executor
thereof. To the end, therefore, that the property may be preserved for
those who shall appear to have a legal right or interest in the same,
and that the Will may be executed according to the request of the Testator.
We do hereby authorize the said O. D. Courtney as such executor to collect
and secure all and singular, the goods, chattels, rights and credits,
which were of the said A. W. Alford at the time of his death, in whosoever
hands or possession the same may be found, and to perform and fulfill
all such duties as may be enjoined upon him by said Last Will, so far
as there shall be property, and in general to do and perform all other
acts which are now or may hereafter be required of him by law.
IN TESTIMONY WHEREOF, I, J. B. Smith, Judge of the Probate Court in
and for the County of Allen aforesaid, have hereunto subscribed my name
and affixed the Seal of the said Court at office, this 27th day of May
A. D. 1918.
(Seal) J. B. Smith Probate Judge