John Estes Will
The following is a transcription by Janice Roden from a copy of the
original record obtained at the Greene County Court House in Eutaw, Alabama.
Will of John ESTES
Filed in Green County, Alabama
Dated 6 July 1850/ Probated 14 June 1855
In the name of God Amen!
I, John ESTES of Green County in the State of Alabama to make, publish and
declare this my last will and testament in manner and form following--
I give and bequeath to my beloved wife, Sarah ESTES, for and during the term of
her natural life, my homestead and all the land belonging thereto, being all the
land I own and possess in the aforesaid County of Greene, and my negro woman,
Judy about fifty years of age and my negro boy Randall about twelve years old,
and all my household and kitchen furniture, except what is otherwise disposed of
in this Will. One horse to be chosen by her out of the stock of horses on hand
at the time of my death, and such of my cattle and hogs as she may select from
my stock. I also give and bequeath to my wife the provisions of all kinds that
may be on hand at the time of my death, and a sufficiency of corn and fodder to
do her until another crop comes in.
Item 2nd
It is my wish and desire that my negro man Levi about fifty years of age be sold
in twelve months, credit to the highest bidder, soon after my death and my
Executors are hereby required to do so.
Item 3rd
I give and bequeath to my son Benjamin C. ESTES, seven hundred dollars in money,
should he be alive and living at my death. If he should be dead at the time of
my death, then and in that case, instead of the amount of seven hundred dollars,
I give and bequeath unto his son, Augustus Wesly ESTES, four hundred dollars in
money. And should he and his son both be dead then I give and bequeath to his
wife, Susan ESTES, two hundred dollars which legacy I wish to be paid out of the
proceeds of the sale of my negro man Levi, or as much thereof as my Executors
can pay over to him after paying my debts. And should there not be money enough
left after paying my just debts, then my Executors are required to pay as much
as they may have over. And the balance of said legacy must stand ---- and be
paid out of the proceeds of the property sold at my wife’s death.
Item 4th
I give and bequeath to my daughter Niania ESTES, a negro girl named Julia Ann
(?) and her child Aaron, and a negro boy named Hillyer (?) and one feather bed,
bedstead and furniture to her, her heirs and assigns forever.
Item 5th
I give and bequeath to my daughter Jane HALL, a negro girl named Elizabeth and a
boy named Zachary.
Item 6th
I give and bequeath to my daughter Margaret L. ESTES, a negro boy named Dave,
also a negro boy named John and a negro girl named Jane and one feather bed,
bedstead and furniture and my piece of household furniture called a Safe.
Item 7th
I give and bequeath to my son Moses ESTES a negro girl Louisa and her child
Caroline to him, his heirs and assigns forever.
Item 8th
I give and bequeath to my son Evan ESTES, a negro girl named Lena and her child
to him, his heirs and assigns forever.
Item 9th
I give and bequeath to the children of my deceased son Elisha ESTES, namely Judy
Adeline CAUCE & Elisha Amos ESTES, four hundred dollars, that is to say two
hundred dollars to each one of them which legacy will come out of the property
sold after the death of my which, which said money is to remain in the hands of
my Executors and to be by them put as interest until the said Elisha Amos ESTES
comes of age or arrives at the age of twenty one years; and at that time the
said sum of money together with the interest obtained by my Executors thereon is
to be paid over to them their heirs and assigns. And it is my will and desire
that they nor either of them my said grandchildren have any other share or claim
to any part of my Estate either real or personal.
Item 10th
I give and bequeath to the children of my deceased son William ESTES namely John
C. ESTES, Joseph ESTES, Sylvanus ESTES and Mary Ann ESTES the following
described lands situate, lying and being in Itawamba County in the State of
Mississippi, described as the southeast quarter of section twenty one in
Township eleven of Range Eight East; the said land is to remain in the
possession of my daughter in law, Elizabeth ESTES, the mother of my aforesaid
grandchildren, to live in for the purpose of raising her said children until the
youngest one of them shall become of lawful age or marry, at which time the said
land is to be sold by my Executors as they in their discretion may think best as
to time & times -- and the proceeds thereof after paying the expenses of sale to
be equally divided among my aforesaid grand children, the children of my son
William ESTES, deceased aforesaid share and share alike. If my said
daughter-in-law, Elizabeth ESTES, should die or marry before the youngest of my
aforesaid grandchildren should become of lawful age or marry, my Executors are
hereby directed and required to take said land into their possession and to rent
out annually the same for the benefit of said grandchildren until the time above
directed for the sale thereof.
Item 11th
I give and bequeath to my daughter-in-law Elizabeth ESTES, wife of my son
William ESTES, deceased, the sum of five dollars to her, her heirs and assigns
forever.
Item 12th
After the death of my wife, Sarah ESTES, all the property remaining of which is
herein bequeathed to her, her lifetime is to be sold and the proceeds , after
paying the expenses of settling up the Estate, and after making up & paying off
Benjamin C. ESTES legacy if any part remains, to be paid after the death of my
wife, be equally divided, share and share alike between my following named
children: Nicinia ESTES, Jane WALL, Margaret L. ESTES, Moses ESTES and Evan
ESTES, they alone and to share the proceeds of said Sale of property.
Item 13th
I give and bequeath to Nicinia ESTES, my daughter, my Clock. And I do hereby
nominate, constitute and appoint my son Evan ESTES, my executor and my daughter
Margaret L. ESTES my Executrix of this my last will and testament.
In testimony of all which I have hereunto set my hand and affixed my seal, this
the sixth day of July in the year of our Lord One thousand Eight hundred and
fifty.
John Estes
Signed, sealed, published & declared by the testators as ---for his last will
and testament in our presence who signed as witnesses in his presence & at his
request.
Vincent LEE
Willis MERIWETHER
J. M. MERIWETHER
In the matter of the last Will and Testament of John ESTES, decd.
Be it remembered that on this the June 14, 1855, came on to be heard the last
Will and Testament of John ESTES, decd, and it appearing to the satisfaction of
the Court that all the heirs and next of kin of the decedant residing in this
State have had due and legal notice by citations served upon them and no
objection being offered to said will, the court proceeded to examine Vincent LEE
and Willis MERIWETHER, two of the subscribing witnesses thereto who testified as
follows:
In the matter of the Last Will and Testament of John ESTES, Decd.
In the Probate court of Greene County, June 14th, 1855
In this matter, Vincent LEE and Willis MERIWETHER, two of the subscribing
witnesses to the writing propounded as the last will and testament of John
ESTES, decd, being called and sworn, depose and say, that they saw John ESTES,
the testator, sign and execute said writing, that he executed the same in their
presence and in the presence of the other witness, James M. MERIWETHER, and
published and declared the same to be his last will and testament; that they
attested said writing in the presence of the testator and of each other.
Witnesses further depose that at the time of executing said writing as his last
will and testament, the said John ESTES was of sound mind and memory
Willis MERIWEATHER
Vincent LEE
Subscribed and sworn to before me in open court June 14, 1855
Whereupon it is adjudged, ordered and decried by the court that the said writing
be and is hereby received, established and admitted to Probate as the Last Will
and Testament of John ESTES, decd. and that the same be recorded and filed
according to the Statute.
Attest
Judge
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