To the worshipful county court of Marion County Tenyse[sic] your Petitioner A K Alley Respectfully Represents unto your honorable body that on or about the first day of November 1878 Erasmus Alley a citizen of Marion County Tenysee[sic] died testate leaving a last will and testament and that said testator died possessed of an Estate of Perhaps the Value of Two or three thousand dollars in said county and that Petitioner is an heir and distributee of the said Estate of the said Erasmus Alley deceased and that Petitioner is informed and believes that said last will and testament is in the possession of one R S Pryor a citizen of Marion County Tenysee[sic] and who is as Petitioner is informed and believes one of the Misting[sic] witnesses to said Last will and testament of the said Alley Deceased The Premises duly considered your Petitioner Prays that a supenaducis tucmm [note: should be "subpoena duces tecum", being a subpoena for production of evidence] issue commanding said R S Pryor to bring said Last will and Testament of the said Erasmus Alley deceased into this court that the same may be Propounded for Probate at this term of your honorable court

A K Alley Petitioner

filed in my office this November 4th 1878 J L Minter Co Clk


P H Cook et als
vs
A K Ally[sic] Executor
of E Alley deceased

Matter of Contested will

This day come the Parties by their attorneys as well as in Proper Person and thereupon the contestants P H Cook & wife and the contestants of Record in this cause dismisses this suit and contestation by them of the last will and testament of Erasmus Alley deceased It is therefore adjudged by the court that this suit and matters of contestation appeared be and the same is dismissed at call of the contestants P H Cook & wife John Bunutt & wife & E H Alley and thus the Executor A K Alley recover of the said P H Cook & wife John Hudson & J H Hoge all the unadjudged cost of this cause for which an Execution may issue and it appearing that the said Paper writing purporting to be the Last will and testament of Erasmus Alley deceased has not as yet been admitted to Record in Solemn form in the county court of Marion County from which it was certified to this court It is therefore further adjudged that the same be Transmitted to said county court for the further action of said court and to this End the same may be Probated and Recorded in Solemn form as the Last will and testament of Erasmus Alley Deceased and that the clerk of this court certify under his hand and official seal a copy of this order to the said county court at as Early a day as Practicable

State of Tennessee
Marion County

I M. V. Wyrick clerk of the circuit court of the county aforesaid certify that the foregoing is a full true and Perfect copy as appears of Record in my office on minute Docket Page 155 given under my hand and seal at office in Jasper
This 3rd 1879 [note: no month given here]

M. V. Wyrick Clk



State of Tennessee
Marion County

In the name of God Amen I E. Alley of the county of Marion and state of Tenysee[sic] Residing near the town of Jasper in said state and county knowing the brevity of this life and the certainty of Death being weak of Body and in feeble health but of sound and disposing mind and memory I make and publish this my Last will and testament I give devise and bequeath my Estate and Property Real and personal not heretofore away as follows that is to say

1st first I give my soul to God who gave it

2st second It is my will and desire that all of my just debts and liabilities other than those levied on the lands where I now live be Paid off out of the first moneys Realized out of the debts due me and my funeral Expenses to be Paid out of the said moneys collected on my debts due me

3rd Third I will and bequeath to my son Erasmus H. Alley have[sic] of the money collected of my Estate after all my debts and liabilities are Paid four hundred Dollars in money to his share

4th Fourth I will and bequeath to my daughter Mary E. Cooke wife of Patrick H. Cooke five dollars in money to be paid out of the moneys of my Estate after first paying off all my just debts and liabilities and funeral Expenses

5th Fifth I will and bequeath to my son John W. Alley of Jackson County state of Alabama four hundred Dollars in money to be paid out of the moneys of my Estate after first Paying off all my just Debts and liabilities & funeral Expenses

6th sixth I will and bequeath to my Daughter Harriet E. Bunett [note: should be "Burnett"] wife of John W. Burnett of Coal City Dade County Georgia Four hundred Dollars in money to be Paid out of the moneys of my Estate after first Paying off all my just Debts and liabilities and funeral Expenses

7th Seventh I will and bequeath to my daughter Nancy E. Smith wife of George F. Smith of Jasper in Marion County Tennysee[sic] and my Daughter Mrs. Jane Rankin of Jasper Marion County Tenysee[sic] and my son Alexander K. Alley of Marion County Tenysee[sic] and my Grand sons George Erasmus Alley and Verhoden Alley sons and heirs of my son Levisee[sp?]] Alley Deceased (the tow last of Whom Reside in Warren County Tenysee])] one dollar Each to be paid out of the moneys of my Estate after having first Paid off all my just debts and liabilities and funeral Expenses they having heretofore Received amounts of Property and moneys to make them Equal with the aforementioned bequests in this will

8th Eighth Having this day made a deed of Gift of a tract of land situated in Marion County Tennysee[sic] to my sons George W. Alley and James K. P. Alley the first Marion County Tennysee[sic] and the latter of Lamar County Texas and having in said deed of Gift made them Equal the other bequests herin[sic] before mentioned I do not therefore will and bequeath them anything in this bequest

Ninth If there should be any remainder of the moneys and property of my estate after first paying off all my just debts liabilities and funeral expenses and all the foregoing bequests it is my will and desire that all of property if any remains should be sold and the proceeds of said sale together with all the moneys of my estate that may then remain in the hands of my executor hereinbefore named after first paying off all of my debts and liabilities and funeral expenses and the foregoing bequests be equally divided between my sons John W. Alley of Jackson County Alabama Alexander K. Ally of Marion County Tennessee Erasmus H. Ally of Marion County Tennessee George W. Ally of Marion County Tennessee and James K. P. Ally of Lamar County Texas and my daughters Nancy E. Smith wife of George H. Smith of Marion County Tennessee Jane Rankin of Marion County Tennessee Harriet E. Burnett wife of John W. Burnett of Coal City Dade County Georgia and to the heirs at law Leaven Ally deceased of Warren County Tennessee and that nothing of said remainder be divided with or given to Mary E. Cook wife of Patrick H. Cook of Marion County Tennessee it being my will and desire that she nor her said husband have any portion of said remainder

10th Tenth: I E Alley the testator do hereby nominate mak[sic] and appoint my son Alexander K. Alley of Marion County Tennessee as my Executor to execute and carry out the provisions of this my last will and Testament
In witness whereof I have signed and sealed and published and declared this instrument at my residence near the Town of Jasper in Marion County State of Tennessee on this the thirteenth day of September in the year of our Lord one thousand and eight hundred and seventy eight

E Ally

The said E Ally at his residence in Marion County State of Tennessee near the Town of Jasper on the 30th day of September A.D. 1878 at thirty minutes after two o clock PM signed and sealed this instrument and published and declared the same as and for his last will and testament, and at his request and in his presence and in the presence of each other, have hereunto written our names as subscribing witnesses

H. W. Griffith
R. S. Pryor


State of Tennessee
Marion County

Personally appeared before me J L Minter Clk of the County Court of said county H W Griffith and R. S. Pryor subscribing witnesses to the attached will who being first duly sworn depose and say tha[sic]] they are personally acquainted with the within named Erasmus Alley the bargainor and that he acknowledged the same in their presence to be his act and Deed for the purposes therein contained
Witness my hand at office this 4th day of November 1879

J L Minter Clk