93

hearing the application of Lucy A. Smith, which
was heretofore filed in this Court, for the Probate of
an instrument of writing, purporting to be the
last will and testament of said deceased; now
comes the said applicant: and it appearing to
the satisfaction of the Court, that the notice of
the said application and of the time appointed for
hearing the same, has been given in pursuance
of law, and in strict accordance with the former
order of this Court, made and entered in the premises
on the 10^th day of Feby, 1896, by publication
continued for 3 successive weeks in The Chronicle a
newspaper published in Columbiana, Ala,- Shelby County,-
and by citation personally served, as directed in
said former order--Now, on motion of said
applicant, the Court proceeds to hear said application.
And it appearing to te satisfaction of the Court
from the testimony of J.L. Peters and Isaac D. Mason
that they respectively signed the said instrument of
writing, purporting to be the last will and testament
of the said decedent, and which writing is now shown
to them, on the day of the date thereof, in the
presence of said testator, and at his request, as
subscribing witnesses to the same, the said testator there
declaring that the said instrument constituted his
last will, and it being also shown by proof which
is satisfactory to the Court, that said testator
was of the full age of twenty one years and
upwards, at the time of making said will; and that
he was of sound mind, and fully capable of
making his said will, it seems to the Court
that said application should be granted; It is
therefore ordered, adjudged and decreed by the Court,
that said will of said H.A. Smith, deceased, be
received, and the same is hereby declared to be duly
proven as the last will and testament of said
decedent, and as such, admitted to probate, and
ordered to be recorded, together with the proof
thereof, and all other papers on file relating
to this proceeding. It is further ordered that
said applicant pay the cost of this proceeding
for which let execution issue,
D.R. M^cMillan,
Judge of Probate.