Benjamin Gardner Esqr who was heretofore duly appointed
by the order of this Court; and who now consents to act
as Guardian ad litum for Benjamin Micou a minor under
the age of fourteen years son of Benjamin H. Micou, and
one of the heirs at law of said deceased, and it appearing
to the satisfaction of the Court that the nature of
the said application, and of the time appointed for the
hearing of the same have been given in pursuance of law
and in strict performance with the former order of this
Court, made and entered in the premises on the 13th
day of May 1878, by publication continued for three suc
cesive weeks in the Montgomery Daily Ad****" a newspaper
published in said County, and by citation personally
served as directed in said former order, Now
on motion of said Benjamin H. Micou the Court proceeds
to hear said application and it appearing to the satisfaction
of the Court, from the testimony, of B.D. Fry, that he signed
the said instrument of writing, purporting to be the last
will and testament of the said deceased, and which writing
is now shown to him on the day and date thereof in the
presence of the said Testatrix and at her request, as sub-
scribing witness to the same, the said Testatrix then declaring
that said instrument constituted her last will &
that Clara E. Boykin and Lucy B. Micou the other subscribing
witnesses to said instrument also signed the same
in his presence and in the presence of said testatrix and
that said testatrix signed the same in his presence and
that of the other subscribing witnesses. And it also being
shown by proof which is satisfactory to the Court that
the said testatrix was of the full age of twenty-one years
and upwards, at the time of making said will, and that
she was of sound mind and fully capable of making
said Will, it seems to the Court that said application
should be granted, It is therefore ordered adjudged &
decreed that said will of Ann C. Sims deceased be recorded
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 another paper
on file relating to this proceeding,
It is further ordered that said applicant pay the cost
of this proceeding |