Will of John Wall Short, Clay, Alabama http://files.usgwarchives.net/al/clay/wills/jwshort.txt ==================================================================== USGENWEB PROJECT NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Sharon Boling ==================================================================== December 1998 Will of John Wall Short of Clay County The following will was taken from the Will Book, Clay Co., AL, Courthouse, p. 21-22: Notes at the top and side of the page: "John Short, decd. Estate, No.4. Docket A, p. 95 & 99. Petitions A, p. 2. ______ A, p. 2 & 9." Last Will and Testament, State of Alabama, County of Clay Know all men by these presents, that I John Short, being over the age of twenty one years, a resident citizen of said county, and of sound mind and in view of the uncertainty of human life, and in consideration of the natural love and affection that I have for my daughter. Nancy Hearn, wife and widow of Darling Hearn, and their children; will and devise all my property, real, personal, mixed, _____ in action and all evidence of property, of which I may die, passed or entitle to, with the exception herein set forth as follows to wit, To each heir that could claim an interest in any of my property in the event I died intestate, except said daughter Nancy Hearn and her children. My will and desire is that each one shall have and be entitled to secure from my estate the sum of one dollar and only that amount, which sum of one dollar, is to be paid by my executrix and executor hereinafter named and as diredted. 2nd I bequeath will and devise all the remainder of my estate real personal, mixed, choses in action, and all evidence of property of which I may die possessed or entitled to, to my said daughter Nancy Hearn and her children. 3rd It is my will and desire, that my said daughter Nancy Hearn and her son John Hearn act as my Executrix and Executor, and that they are hereby appointed by me as such to carry out the provisions of this my last will and testament. 4th It is my will, desire, and instructions that my said Executor and Executrix keep all my estate together until the youngest child of the said Nancy becomes of age and then all my property be divided as above directed to wit. One dollar to each one of all the heirs, that could claim, and be entitiled to an interest in my estate in the event that I had died without a will and the remainder of all my property to be equally divided between and among the said Nancy Hearn and her children. But tho said nancy is authorized to so use and dispose of said property up to the time of her youngest child becoming of age on a sufficiency thereof, as may be necessary to properly cloth, educate and board herself and children, and pay all legal and necessary expenses in having the p(r)ovisions of this my last will and testament consider into effect. In testimony whereof I have hereunto subscribed my named and affixed my seal on this the day of _____ 1872. John Short {seal} In the presence of the said testator John Short we signed our names as witnesses on the day of December 1872. John C. Smith J. A. Cas(?)ter The State of Alabama, Clay Couny: Before me J. L. Williams, Judge of Probate in and for said county ___ I cause ____ in said Probate Court for the Substitution and Probate of the last will and testament of John Short died of said county came John C. Smith and Joseph A. Carter and ___ by me duly sworn say on their oathes that this said will of the said John Short was in writing and signed by him the said John Short on the _ day of December 1872 and that said will was on that day _____ by the family Jno C. Smith and Joseph A. Carter as witnesses thereof and _____ say that they subscribed their names in the presence of said testator, and that said testator subscribed his name in their presence. and further declare at the with this day substituted for said original will which was signed by officials. it __ substance the same as said original will. John A. Smith Joseph A. Carter. Subscribed and sworn to before me this 10 February AD 1876. Joseph L. Williams Judge of Probate.