Will of Joseph Schmitt - Cullman Co., AL ----------------------------------------------------------------------- USGENWEB NOTICE: In keeping with the USGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. ALGenWeb File Manager - Lygia Dawkins Cutts ----------------------------------------------------------------------- Contributed by Robert Wedding Sat, 13 Feb 1999 21:27:05 EST Will of Joseph Schmitt - Cullman Co., AL Copy of Original and Substitute Last Will and Testament of Joseph Schmitt, Sr., Deceased The State of Alabama, Cullman County Know all men by these presents, that I, Joseph Schmitt, Sr., being over the age of twenty-one years, a resident of said state and county and being of sound mind, do make and publish this my last will and testament, hereby revoking all former wills by me at any time make heretofore, as to my whole estate and all real, penal or mixed property of which I shall die seized and possessed or to which I shall be entitled at my death. I desire to bequeath and dispose of in the manner following, to wit: First - That all my just debts and funeral expenses shall be paid by my executor herinafter named, or of my estate, as soon after my death as conveniet. Second - I give and bequeath to my beloved son, Marcell Schmitt, the following property, to wit: Four lots situated lying and being in the town of Cullman, Alabama. Nos. 623-624 and fractional lot 640-641 on condition however that said Marcell Schmitt is to pay to my executor hereinafter named the sum of Three Hundred and fifty dolloars, and on the paymnet of said sum, then the executor shall make and convey unto him the said Marcell Schmitt a warranty deed for said lots - Third - I do hereby authorize and empower my executor hereinafter named to sell and convey a certain farm or tract of land consisting of eighty acres more or less, described as follows, to wit: The N half of NE quarter of section 5 township 10 range 3 West, in Cullman County, Ala. together with all the improvements and appurtenances to the same belonging, and of the proceeds of said sale my beloved daughter, Mrs. Annie Clark, is to receive $300.00. Fourth - Then after my funeral expenses and all other of my indebtedness have been paid, I hereby empower my executor hereinafter named to pay the remainder of my estate the following heirs to wit: To my beloved sons, Marcell Schmitt, Joseph Schmitt, and John Schmitt an equal portion. Fifth - I hereby name and appoint my beloved son, Max Schmitt, the sole executor this my last will and testament, and I do hereby appoint him the said Max Schmitt to carry this my last will and testament into effect, in all respects as herein stated. Sixth - I do hereby empower my executor hereinafter named to sell the real estate herein named either publicly or privately, as he may deem advisable or for the best interest, and to execute and deliver all deeds or instruments of transfer and writings necessary to pass proper title thereto. In testimony whereof, I, the said Joseph Schmitt, Sr., hereunto set my hand and seal this 21st day of July, 1897 Signed, Joseph Schmitt