James Goggans 1854 Will
submitted by: Kay Cheshire Cirlot(Gr-gr-gr-grand daughter
of James Goggans)
Will of JAMES GOGGANS 1854 Coosa County, Alabama
State of Alabama
Coosa County In the name of God, Amen
I, JAMES GOGGANS of the above named State and County, being of sound and disposing mind and memory but feeble in body and knowing that all must die, do make this my last Will and Testament. First, I therefore commit my body to the Dust from whence it came and my soul to God who gave it. Second, as to my worldly estate I will as follows that my wife CASSANDRA GOGGANS have one half of the half section of Land whereon I now live during her natural life and that my son, James Peterson Goggans have the other half of said tract of land during his natural life, provided that the said James Peterson Goggans lives with, takes care of, and provides for his Mother. My will further is that I give to my wife my Negro Man, Green and that the balance of my Negroes be equally divided between my other six children, either by lot or by sale as they think proper. It is my will that my son, James Peterson Goggans live with his Mother on the farm which we now live and take charge of the same and divide the proceeds thereof equally between himself and his Mother, and that further that James Peterson Goggans and his other retains on the farm all the stock of all kind that they need for the purpose of carrying on the Farm, and also all the farming tools and also it is my will that at the death of my wife that her part of the land, stock and farming tools be sold at Public sale to the highest bidder and the proceeds divided equally among all the children except James Peterson Goggans, who is to have no part nor lot in the same and further my will is that the piece of land whereon John S. Ogletree now lives go to and become the property of his wife, my daughter Nancy Ogletree and her children, and that the Negro woman Emaline, now in possession of John S. Ogletree become the property of said wife and her children. Now inasmuch as William M. Goggans and Nancy Ogletree has had land and James Peterson Goggans has had money equivalent, my will is that Tanyse Radford, Abigail Mayhan and Elizabeth Mayhan, my daughters, have each four hundred dollars. My present crop of cotton, together with all that is to be sold the proceeds thereof, I wish applied to the payment of my debts, and the furniture of all kinds to be retained by my wife. I make and constitute this to be my last will and testament revoking all others previously made by me, this the Eighth Day of
September 1854
John Loyall JAMES GOGGANS SEAL
J. Elan Fieldes
Richard Plunkett
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Bk 3 p 545
The State of Alabama) Probate court vacation Term
Coosa County ) October 30th AD 1854
This day came James P. Goggans and presented to the court for probate an Instrument of Writing purporting to be the last Will and Testament of JAMES GOGGANS, deceased. it is therefore ordered by the court that said writing be filed and notice Given to all persons concerned in the premises by publications in Dorseys Dispatch a newspaper published in the City of Wetumpka, one a week for three successive Weeks, to appear at a Regular Time of this court to be holden on the Second Monday of December next to contest said Will if they chose, It is further ordered that notice Issue to all the Resident heirs to appear and contest if they chose - the heirs of said JAMES GOGGANS Deceased are as follows. CASSANDRA GOGGINS, Widow of said Decedent, Terressa Radford wife of Samuel Radford, Abigail Mahan wife of Alfred Mahan, Elizabeth Mahan, wife of David Mahan, Nancy Ogletree wife of John T. Ogletree, William M. Goggans and James P. Goggans all of Lawful age - witness J. W. Tuttle Judge of Probate
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Bk 3
The State of Alabama) Probate Court Regular Term
Coosa County ) December 11th AD 1854
This day having been set to hear and determine whether an Instrument of Writing presented for probate at a previous term of this court as the Last Will and Testament of JAMES GOGGANS Deceased should be admitted to probate and recorded as the Last Will of said JAMES GOGGANS and notice of said Writing having been given by publication in Dorsey Dispatch a newspaper published in the City of Wetumpka once a Week for three succeeding Weeks to all persons concerned as Will to the Resident heirs of JAMES GOGGANS at this term of court and contest said
(?will if) they choose and no one appearing to It is therefore ordered by the court the instrument of Writing be admitted to and recorded as the Last Will and Testament (?of) JAMES GOGGANS Deceased. WitnessJ. W. Tuttle, Judge of Probate (page of original torn off)
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Bk 3 p. 569
The State of Alabama) Probate Court Vacation Term
Coosa County ) December 13th AD 1854
This day came William M. Goggans and James P. Goggans and makes application for Letters of Administration with the will annexed on the Estate of JAMES GOGGANS late of said county Deceased, and CASANDRA GOGGANS, widow of said legislator having waivered her right of Administration upon the Estate of his Deceased husband and Recommends that her two sons William M. and James P. Goggans be appointed administrators of said Estate It is therefore ordered by the Court that Letters of Administration issue to said William M. Goggans and James P. Goggans upon all and singular the Goods and Chattels Rights and Credits which were of the said JAMES GOGGANS deceased, upon their Entering into Bond with approved security in the sum of Thirty thousand Dollars. Conditioned as the Law directs. It is further ordered that said administrators Give notice of their appointment by publications in Dorseys Dispatch a newspaper published in the City of Wetumpka once a week for six successive weeks.
It is further ordered that J. Elan Fielders, John B. Leonard and Toliver L. Austin be appointed appraiser to value and appraise the personal property belonging to said estate and return the same under oath to this court within sixty days from date hereof
It is further ordered that said administrator Return an Inventory of all the personal Effects belonging to said Estate under oath to this court within six days from date hereof.
Witness J. M. Tuttle Judge of Probate