Will of Joseph Booth, Baldwin, Alabama

http://files.usgwarchives.net/al/baldwin/wills/jbooth.txt
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Ruth Newlan
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March 2003


I Joseph Booth of Baldwin County State of Alabama being in good health, 
but bearing in mind that I must die, do make execute and publish this 
my last will and Testament. 

First I wnat all my just debts paid

Second I give, bequeath and devise all my real estate where ever situated 
to my three sons William Booth, Joseph Booth Jr. and Thomas J. Booth, 
share and share alike for and during their natural lives, and after their 
death, to their children, that is the share of each of my said sons is at 
his death to go to his children and such children are to possess the same
in fee, but if either of my sons die without children or the decendents of
children then his share of the real estate hereby given is to go to his 
surviving Brothers or Brother 

Third  I wish all my shlaves equally devided between all my children, that is
between my said sons and my daughters Eliza Belt wife of Dr. Thomas W. 
Belt and Martha Silver wife of Joseph Silver.  But the share hereby given 
to Martha Silver must be charged with four Thousand dollars and this four 
thousand dollars is to be equally divided between all of my said four children 
not including Martha Silver and in the divisions of my negroes I want
this charge settled between my children and so the share of Martha Silver
will be one thousand dollars less of the slaves than the share of any 
other one of my children.

I make this charge upon the share of my daughter Martha's interest in my
slaves because I have suffered a loss of about four thousand dollars on 
account of a land suit carried on for the use of her husband Joseph Silver 
what I mean by the suit being carried on in my name is this, I was sued 
for land by Charles Daniels but the land was for Joseph Silver.  This suit 
has annoyed me and been a great expense to me and I think it just that I 
should charge the above mentioned sum on the part of Martha Silver in 
justice to my other children.

4th Fourth~ All my other Property of all Kinds that is money, Stock cattle, 
Horses, Mules, debts due me & I wish equally divided between all of my said 
five children share and share alike.

5th  In reference to the slaves hereby given to my children as aforesaid, 
It is my wish and desire and it is hereby delared that all of my children 
shall have in them a life estate only, and at their death or the death of 
either of them, the slaves that may fall to the lot of each is to go
to the children of the one so dying, share and share alike.  But if either
of my said children should die leaving no child or children, nor the decendants 
of any child, then his or her share to go to his surviving Brothers & Sisters.  
It being my intention that my children shall have only a life estate in my 
slaves, and their children to take at their death and if one of my children 
die leaving no decendants the other children shall take the share of the
deceased child in my slaves.

6th
I have said I give all my slaves to my children.  But it must be with this
reservation and exeption in I give to my Grandson Joseph Booth Belt a negro 
girl Haga about ten years old.  To my Grandson Joseph Booth, son of William 
Booth, I give negro girl Fanny about ten years old.  I give to Joseph B. Brown 
son of Alfred Brown who lives in Mississippi at this time a negro girl Lucinda 
about eight years old.  I give to my Grandson Joseph Booth Silver a negro girl 
about ten years old named Esther.

I hereby appoint Dr. Thomas W. Belt and my son Joseph Booth and Thomas J
Booth and William Booth, Dr. Belt being my son-in-law, Executor of this my last
Will and Testament.

I have hereto set my jand and seal this the 16th day of April 18--.

      Joseph Booth  (seal)

Witness
A. First
L.C. Lane
D. M. Sizemore
Wm Wilkins, witness to aknowledgement of signature.


State of Alabama}
Baldwin County  }  Probate Cout of said County

In the matter of the Probate  }
of the last Will and Testament}
of Joseph Booth Senr deceased }

     Before me C. W. Wilkins Judge of said Court
personally appeared Luke C. Lane & Adolph First who having been by me first
respectively duly sworn and examined, did and do depose and say on oath that
they are each subscribing witnesses to the instrument of writing now shown to them
and which purports to be the last Will and Testament of Joseph Booth Senr deceased
late an inhabitant of this county, that said Josph Booth Senr since deceased,
acknowledged to them severally that he signed and executed said instrument, and 
declared the same to be his last Will and Testament and that said affiants set 
their signatures thereto, respectively, as subscribing witnesses in the presence 
of the said Testator.

     That said Testator was of sound mind and disposing memory, and in the opinion 
of deponents, fully capable of making his will at the time deponents signed the 
same as aforesaid.

     Affiants further state that said Testator was on the said date of said Will 
of the full age of twenty one years and upwards.

Subscribed & sworn
to this 22nd day of   L. C. Lane
January A.D. 1862   A. First
C. W. Wilkins, Judge Probate