| Mary P. Rice, Probate Package
3926, Huntsville, Alabama
Item 1
Will of Mary Rice dated Sept. 27, 1884
I, Mary P. Rice of the city of Huntsville, County
of Madison, State of Alabama, being of sound mind, and
memory, and understanding, hereby revoking all former or other
wills, by me at any time made, do make, and declare this to
be my last will and testament in manner following to wit:
First: I give, devise, and bequeath unto the surviving brothers
and sisters of Elisha H. Rice, and to the heirs of
the deceased brothers and sisters, (they to receive the parents
share) to be divided equally among them, share and share alike,
Six hundred and thirty six and 92/100 acres of land situate
in Limestone County, Alabama, and more particularly divided
as follows. The south east 1/4 of Sec. 25, T. 4, R. 3 west,
the south 1/2 of the N.E. 1/4 of Sec. 36, T 4, R 3 west, the
S.E. 1/4 of Sec 36, T. 4, R. 3. west, the N.E. 1/4 of Sec
1. T. 5. R. 3. west.
Second: I give and bequeath unto the Church of the Nativity
of Huntsville, Alabama One thousand five hundred dollars
in money.
Third: I give, devise and bequeath Henry C. Lay, Jr.,
of Telluride, Colorado, the sum of Twenty thousand dollars
in money.
Fourth: I give and bequeath unto Bishop Henry C. Lay,
of Easton, Maryland, the sum of Four thousand dollars in money.
Fifth: I give and bequeath unto Elizabeth Lay, wife
of Bishop H. C. Lay, the sum of Four thousand dollars
in money.
Sixth: I give and bequeath unto Louisa Lay, daughter
of Bishop H. C. Lay, the sum of Four thousand dollars
in money.
Seventh: I give and bequeath unto Bernie Lay, son
of Bishop H. C. Lay, the sum of Four thousand dollars
in money.
Eighth: I give and bequeath unto George. H. Lay,
son of Bishop H. C. Lay, the sum of Four thousand dollars
in money.
Ninth: I vie and bequeath unto Helen Baily the sum
of Three thousand dollars in money.
Tenth: I give and bequeath unto Malinda Jolley, (colored),
the sum of Three hundred dollars in money.
Eleventh: I give and bequeath unto Isabella Rice
(colored) the sum of Three hundred dollars in money.
Twelfth: I give and bequeath unto (M.? W.? or Mrs.?) Louise
Patton, wife of John Patton, the sum of One thousand
dollars in money.
Thirteenth: I give and bequeath unto Mrs. G. Mahaly Goldman
of Huntsville, Alabama, the sum of Five hundred dollars in
money.
Fourteenth: I give and bequeath unto Archibald Campbell
of Huntsville, Alabama, all the residue of my estate, both
real and personal, after having paid all my debts, bequeaths,
and the costs of administration.
Fifteenth: I hereby direct and empower my executor to sell
and dispose of all m real estate, as soon as practical after
my decease, at auction or at private sale, as it may in his
judgment seem most advantageous, or for the interest of my
said devices, and I also direct that my Alabama State, and
Memphis and Charleston Rail Road bonds be converted into money,
and that a distribution be made to my said devices as soon
as it can be lawfully done. And lastly, I nominate and appoint
as executor of this my last will and testament Archibald
Campbell of Huntsville, Alabama, and it is my wish that
he shall not be required to give any bonds or security to
the Judge of Probate for the faithful execution of the duties
of executor.
In witness whereof, I Mary P. Rice to this my last
will and testament have herewith set my hand and seal this
the 27th day of September One thousand eight hundred and eighty
five.
Mary Pittman Rice
Signed, sealed and declared by Mary P. Rice, as and for the
last will and testament, in the presence of us, who at her
request, and in the presence, and in the presence of each
other, have submitted our names hereunto as witnesses thereof.
J. S. Shelton, Huntsville, Ala, W. R. Van Valkenburg,
Huntsville, Ala
Item 2
Codicil, October 24, 1884
Whereas I Mary P. Rice of Huntsville, Alabama, did
on the 27th day of September One thousand eight hundred and
eighty four make my last will and testament, I do now by this
writing add this codicil to my said will to be taken as a
part thereof.
First: I give and bequeath unto Malinda Jolley, Col'd
- one bedstead, four prs. sheets, two prs. blankets, two comforts,
two mattresses, two pillars. One bolster, two Marsales quilts,
one crumb cloth, one rug, one arm chair, one sofa, one pair
curtains & cornice, and the matting on floor of bedroom
now occupied by me. Also, the portraits of my son and daughter
John & Amanda.
Second: I give and bequeath unto Isabella Rice col'd
- two pr blankets, two comforts, one cook stove and furniture
for same, two Honey Comb quilts, one pr curtains in dining
room and one sofa.
Third: I give and bequeath unto Riley Rice col'd
- One secretary, and twenty five dollars in money.
Fourth: I give and bequeath unto David Rice col'd
- One wardrobe, and twenty five dollars in money.
Fifth: I give and bequeath unto Mrs. L. P. Walker
my large rocking chair, and gold thimble.
Sixth: I give and bequeath unto Miss Mary Robertson,
in trust for Miss Susie Robertson, my piano and piano stool.
Seventh: I give and bequeath unto Mrs. GM Goldman
my china dinner set.
Eighth: I give and bequeath unto Helen Baily, one
bedstead & bedding, one bureau, one washstand, one wardrobe,
one book case & contents, one table, two rocking chairs,
one arm chair, four small chairs, and one parlor clock, this
is in lieu of my former bequest.
Ninth: I give and bequeath unto Henry Lay, Jr. my
oak book case and contents, one small secretary and fifteen
thousand dollars in money. Thereby revoke my bequest made
to him, in my will, Sept. 27th and substitute the above in
lieu thereof.
Tenth: I give and bequeath unto Mrs. Mary Cooper
wife of W. L. Cooper, my dining room clock, large Turkish
rug and five hundred dollars in money.
Eleventh: I give and bequeath unto Mrs. Eliza Goodrich
of New Orleans, one thousand dollars in money.
Twelfth: I give and bequeath unto Mrs. Mary Lou Banister,
wife of Rev. J. M. Banister, five hundred dollars in
money.
In witness whereof I hereunto place my hand and seal, this
the 24th day of October, One thousand eight hundred and eighty
four.
Mary Pittman Rice
Signed, sealed, published and declared to us by the testator
Mary P. Rice as and for a codicil to be annexed to her last
will and testament and we at her request and in her presence
and in the presence of each other have subscribed our names
as witness thereto at the date hereof.
J.S. Shelton, Huntsville, Ala, W. R. VanValkenburg,
Huntsville, Ala.
Item 3
The State of Alabama, Madison County
Before me William Richardson Judge of the Court of
Probate of said county and state this day personally appeared
John S. Shelton and Wilfred R. Van Valkenburg
who being duly sworn ___?____ depose and say that they were
acquainted with Mary Pittman Rice now deceased in her
lifetime and that they on the 27th day of September 1884 saw
the said Mary Pittman Rice subscribe the forgoing instrument
to be her last will and testament and that they thereto subscribed
their names in her presence and at her request as attesting
witnesses and that on the 24th day of October, 1884 they saw
the said Mary Pittman Rice subscribe her name to the foregoing
instrument
in writing purporting to be a codicil to said last will and
that at her request and in her presence they subscribed their
names thereto as attesting witnesses and at said times, this
said Mary Pittman Rice was of sound mind and disposing memory.
Sworn and subscribed before me this 4th day of November 1885.
William Richardson, Judge Probate
J. S. Shelton
W. R. Van Valkenburg
Item 4
Democrat Office, Huntsville, Ala, Oct. 2, 1885. Estate of
Mary P. Rice (A. Campbell Executor). To advertisement of notice
of petition to probate will 4 times - $17.50.
As appeared in the Democrat: State of Alabama, Madison County,
Regular August Term, 1885, Court of Probate, August 31st,
1885. Estate of Mary P. Rice, deceased. Petition to Probate
Will. This day came A. Campbell and presents to the Court
a written petition duly verified by oath, together with two
instruments in writing, dated, respectively the 27th day of
Sept. 1884, & the 24th day of Oct. 1884, both attested
by J. S. Shelton & W. R. Van Valkenburg, purporting to
be the last will and testament and codicil thereto of Mary
P. Rice deceased, late a citizen of the County of Madison,
State of Alabama: It is ordered, adjudged and decreed by the
Court that the 2nd day of October, 1885, be and is appointed
a day on which, to consider and determine said petition together
with the proof submitted in support of the same: It is also
ordered that notice of the filing of the petition the nature
of the same and the time appointed by the Court for the hearing
thereof, be given to them, allowing heirs and distributors
who are non-residents of the State of Alabama, to wit: Eliza
Goodrich, a resident of the City of New Orleans, State
of Louisiana, John J. Johns, of St. Charles County,
St. Charles, Missouri, Robert H. Miller, Gilliamsville,
Buckingham County, Virginia, Ethelmin(?) H Miller,
Laws Hill, Marshall County, Mississippi, Mary N.
Davis, wife of C. T. Davis, Richmond, Virginia,
John J. Walker, Farmville, Buckingham County, Virginia,
by publication for three successive weeks in the Huntsville
Democrat, a newspaper published in the County of Madison,
State of Alabama: At which time all persons interested can
appear and contest the same if they see proper to do so. Wm.
Richardson, Judge of Probate. Sept. 2-4t.
Item 5
The State of Alabama, Madison County
November 4, 1885
The forgoing(?) instruments in writing were duly and legally
admitted to probate by the court of probate of said county
on the 4th day of November 1885 as and for the last true will
& testament of Mary P. Rice, deceased, and codicil thereto
and pursuant to a decree of the court, were duly recorded
on 26th day of December 1885 in Book 2 page 212(3?). Judge
W. Richardson, JPC
Item 6
Office Probate Court, Madison Co., Alabama, Huntsville, Ala
Nov 20, 1885, $26.79
Received of A. Campbell, Executor of Mary P. Rice, dec'd,
the sum of Twenty six and 70/100 dollars-being court cost
to date in the matter of said estate. This Nov 20, 1885. Wm.
Richardson Judge Probate, by Vaughan.
Item 7
Mrs. John Patton, Receipt of Effects
Received Huntsville, Ala, Nov. 10, 1885 of A. Campbell,
Executor of the last will and testament of Mrs. Mary P.
Rice, decd, the following articles to wit: one horse,
one carriage, one set harness, one silver ladle, one silver
dipper, thirty one silver knives, thirty three silver forks,
seventeen silver table spoons, six silver dessert spoons,
twenty two silver tea spoons, three silver salt spoons, one
silver spoon stand, three carving knives & forks, two
steel knives, seventeen steel forks, one silver water pitcher,
one silver sugar dish, one silver cream pitcher, one silver
pickle dish, one silver caster, two silver teapots, 3 silver
butters, 3 silver cake baskets, 1 silver coffee pot, 1 silver
sugar bowl, 1 celery stand, 3 waiters, 3 silver cups, 1 silver
napkin ring, one silver salt stand, twenty four ivory handled
knives & forks, three china pitchers, four glass bowls,
two glass decanters, two glass flasks, two glass pitchers,
two glass celery stands, one molasses can, four glass dishes,
six glass plates, one china covered dish, one china cake dish,
19 china plates, 13 china saucers, 2 china bread trays, 14
china butter plates, 141 goblets, 4 Japanese waiters, 4 tin
waiters, 23 glass finger bowls, 35 china cups & saucers,
20 napkins, 6 table clothes, 12 large napkins, 11 crumb napkins,
one safe, 2 bread boxes, 1 bread warmer, 1 lard can, 3 rugs,
8 chairs, 1 step ladder, 20 assorted books, 4 stands, parlor
matting, one what not, one crumb cloth, one coal receiver,
3 sets fire irons, one hat rack, one toilet set, 1 wash stand,
4 pair lace curtains & cornice, two pair lace curtains,
matting and oil cloth in hall, stair carpet, set stair rods,
two candle lens, one gas stove, two drop lights, six chandeliers,
seventy five assorted pictures, three mirrors, one globe,
twelve chairs, 9 rugs, 1 mat, lot of sheets & pillow cases,
3 pair of curtains & cornice, 3 trunks, 2 screens, 1 tin
box, 1 wood work box, 1 hat rack, 1 toilet set, 1 towel rack,
5 stands, 1 center table, 4 hassocks, 3 cot beds, 2 large
bibles, 2 glass shades, 2 work baskets on stand, 4 candle
sticks, one clock, one clothes basket, 3 lap robes, one bed
stead & bedding, 3 bureaus, one travel lamp, one hall
chandelier, lot under clothes, 3 wash stands, one cedar chest,
2 splashers, 2 wardrobes, one glass lantern, one large lamp,
one pair lambrequins, 2 cornices, matting in outer bed room,
matting in rear bed room, carpet in rear bedroom, lot wearing
apparel, 8 pr curtains, 4 lambrequins, 3 pr blankets.
The said property being a portion of the effects of the estate
of said Mary P. Rice, which have been given to me by said
executor in compliance with the verbal request made in her
lifetime by the said Mrs. Mary P. Rice.
M. Lou Patton
James H. Patton
Item 8
In Chancery, 8th District, N. W. Division, State of Alabama.
Mary A. Lyons, et als: Complainants vs Archibald
Campbell, et als: Defendants.
It is agreed, that Archibald Campbell, as Executor of Mary
P. Rice, deceased, shall retain the sum of One Thousand and
Twenty four Dollars, to re-imburse him in the payment of taxes
paid by him on account of the Lay legacies. The decrees
this day rendered against said Archibald Campbell, as such
Executor, shall be credited with said sum.
In the event that said Archibald Campbell, is required to
pay any further sum, as taxes for 1887 and 1888, an account
of the Lay legacies, then it is agreed that the said Eliza
W. Lay, as Executrix of Henry C. Lay, will refund
to him, the amount so required to be paid by him.
It is further agreed, that the said Archibald Campbell,
shall retain the further sum of Two Thousand dollars, of and
from the decree rendered in favor of Henry C. Lay, awaiting
the determination of the question of liability of Henry C.
Lay as a debtor to the estate of said Mary P Rice, on account
of the claim against him for $1600, and interest thereon,
as made in the inventory filed by said Executor.
It is further agreed that William L. Clay, as Solicitor
for said Lays, shall hold the sum of Seven hundred dollars
for the protection and indemnification of said Archibald Campbell,
as such Executor, against the payment of any taxes for the
year 1890, on the legacies of the said Lays, then the said
Eliza W. Lay, Henry C. Lay, George W. Lay, Beirne Lay,
Louisa Lay, and Eliza W. Lay, as such Executrix,
agree to refund said sum so required of said Archibald Campbell,
to be paid.
The proportion of the amount of the Lay legacies to the
entire personal estate of said Mary P. Rice, as represented
by bonds shown in the inventory filed by the Executor in the
Probate Court, and upon which this settlement as to taxes
is made, is seven-tenths.
March 22nd, 1890. Signed Beirne Lay, individually
as Attorney in fact for Henry C. Lay, George W. Lay, Eliza
W. Lay, Louisa Lay, and Eliza W. Lay, Executrix of Henry C.
Lay , decd. Samuel Cooper sol. for A. Campbell.
Item 9
Executors Settlement: The State of Alabama, Madison County,
Al. To the Hon. S. M. Stewart. The undersigned Archibald
Campbell, Executor of the Last Will and Testament of Mrs.
Mary P. Rice dec'd, would respectfully submit to the Court
the following report of his acts and doings as such Executor
from Nov. 5th, 1885 to April 1st, 1890.
Rec'd Nov 5, 1885: Cash in W. R. Risons Bank - 4,008.29;
40 Memphis & Charleston R.R. bonds - 40,000.00; 12 Ala
Bonds - 6,000.00; Rents -1,580.00; H. C. Lay Loan & interest
- 2,000.00. Total amt Recd - $53,588.29. Total amt paid out
- $53,407.47. Bal. left - $180.82.
Item 10
In Chancery - Eighth District, North-Western Division, State
of Alabama. Mary A. Lyons, et als: vs Archibald Campbell,
Executor.
Received of Archibald Campbell as Executor of the last will
and testament of Mary P. Rice, dec'd, the following sums,
in full payment and discharge of the several decrees, rendered
in said cause, on the 22nd day of Marcy, A.D. 1890, to wit:
1. The sum of Four thousand eight hundred and seven 33/100
dollars, in payment of the decree for said sum in favor of
Eliza W. Lay;
2. The sum of Four thousand eight hundred and seven 33/100
dollars in payment of the decree for said sum in favor of
Beirne Lay;
3. The sum of Four thousand eight hundred and seven 33/100
dollars in payment of the decree for said sum in favor of
George W. Lay;
4. The sum of Four thousand eight hundred and seven 33/100
dollars in payment of the decree for said sum in favor of
Louisa Lay;
5. The sum of Four thousand eight hundred and seven 33/100
dollars in payment of the decree for said sum in favor of
Eliza W. Lay as the executrix of the last will and testament
of Henry C. Lay, dec'd.
Each of said decrees represent the amount due on the several
legacies bequeathed to each of said parties, respectively,
as legatees under the last will and testament of Mary P. Rice,
dec'd. Signed Beirne Lay, attorney in fact for Eliza W. Lay,
George W. Lay, Louisa Lay and Eliza W. Lay, Executrix of Henry
C. Lay, dec'd. Beirne Lay, individually. March 26, 1890.
Item 11
In Chancery - 8th District - North Western Division - State
of Alabama. Mary A. Lyons, et als: vs Archibald Campbell,
Exe. of et als: Received of Archibald Campbell as the Executor
of the last will and testament of Mary P. Rice, dec'd, the
sum of Sixteen thousand and twenty seven 50/100 dollars, an
account of a certain decree, rendered in above cause, on the
22nd day of March, A. D. 1890, in favor of Henry C. Lay, for
Eighteen thousand and twenty seven 50/100 dollars. The remaining
Two thousand dollars, is retained by the said Archibald Campbell,
as such Executor, under an agreement of March 24, 1890, awaiting
the determination of the question of the liability of said
Henry C. Lay, as a debtor to the estate of said Mary P. Rice.
Execution is not to issue an said balance of Two thousand
dollars, until the question of said Henry C. Lays liability,
as stated in said agreement is determined in his favor. Signed:
Beirne Lay, Att in fact for Henry C. Lay. March 26, 1890.
Item 12
Final Settlement. Filed in the office of the Judge Probate
Court this 19 day of August 1901. MB 27 pg. 313 and pg 355.
Audited, stated, decree thereon rendered and ordered recorded,
the 23 day of Sept. 1901. Recorded in Settlement Record, No.
4, page 125.
Bishop H. C. Lay, ded'd., Mrs. Eliza Lay, Baltimore,
Maryland; Miss Louisa Lay; Beirne Lay; George
W. Lay, Erie, Pa.; Miss Hellen Bailey, Norristown,
Pa.; Malinda Jolley; Isabella Rice; Riley
Rice; David Rice; Mrs. L. P. Walker; Miss
Mary E. Robertson; Mrs. G. M. Goldman; Mrs. Mary Cooper;
Mrs. Mary Lou Banister; Mrs. John Patton; Mrs.
J. P.(Lucy Burne) Matthews; Mrs. Eliza Goodrich,
New Orleans, La.; H. C. Lay, Jr., Telluride, Colorado;
are the heirs and devises of said deceased, according to the
best of my information, knowledge and belief. Subscribed and
sworn to before me, this 19 day August 1901 S. M. Stewart,
Judge Probate Court.
(In a document loaning Mrs. Eliza Goodrich an advance on
her legacy she signed Mrs. John Goodrich and is referred to
as next of kin to Mrs. Rice.)
Item 13
Miscellaneous bills were paid. These are of most interest:
John L. Rison, Wholesale and Retail Druggist:
Prescriptions filled July, 11, 12, 13, 14, 15, 16, 17, 21,
21, 22, 31 for .35, .40, and .50 each. July 27 Box Valentines,
meat & juice - 1.00; July 29, Pint alcohol - .50; August
3, 5, 14 prescriptions.35 & .70; Aug. 3 4 oz. Paregoric
.30; Aug. 17 Chloride Lime .10 total $7.35.
A. R. Erskine, Physician:
Office visit Dec. 1884 - 2.00; visit June 16, 1885 - 2.00;
visits July, 1885 - 22 total at 2.00 or 4.00 per visit; Aug.
1 - 12 (every day) - 4.00 each. Total 138.00 (total of 160.00
pd by A. Campbell).
E. B. Carter & Co., Furniture Dealers and Funeral Directors.
1 Burial Casket 225.00
1 Burial Robe 25.00
7 Hacks 14.00
Hands to fill grave 2.75
For digging grave 5.00
Vault 25.00
Funeral Notices 3.25
________
300.00
Ira F. Collins, Photographic Studio.
2 11x14 copies of oil Portraits $14.00
Payment rec'd Dec. 8th, 1885
(copies of the portraits of her son and daughter, John and
Amanda?)
(Eliza Lay received a portrait of Bishop Lay and a lithograph
of Samuel.)
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