Dallas County AlArchives Wills.....Martin, William M. November 25, 1895 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Don Thomas donmthomas@hotmail.com September 4, 2008, 2:31 pm Source: Record Of Wills, Volume Number, 4, Dallas County Courthouse, Selma, Alabama. Years: 9-10-1888 - To - 2-9-1903. Pages: 330 - To - 335 Written: November 25, 1895 Recorded: June 29, 1896 I William M. Martin of Selma, Alabama do make and declare this to be my last Will and Testament. First. I desire my body buried in the West Selma Cemetery in my lot therein and a monument erected over the same by my executor and paid for by estate similar to the monument erected over the remains of my sister therein, and I devise to the city of Selma as a perpetual fund the sum of two hundred dollars the income thereof to be used by said city in keeping in repair my said cemetery lot. Third I devise to Callie Golson, colored, for and during her natural life an undivided one third interest in my lots situated in the Plattenberg Addition to the City of Selma at the North West corner of Shearer and Griffin Streets once known as the Couch Place afterwards known as the Littleyale Place, and purchased by me from Aaron Maas and on which there are now four houses and improvements the remainder in said undivided one third interest I devise to Lucy Inez Golson and Willie Ann Golson both sometimes called by the surname of Martin children of said Callie Golson and I devise to said Lucy Inez Golson and Willie Ann Golson in fee simple the other undivided two third interest in said property. I also devise to the said Callie Golson for and during her said natural life an undivided one third interest in the two lots on which there are now eight small houses located on the west side of Nance Street south of Minter Street in said Plattenberg Adddition having been purchased by me from William Plattenberg. The remainder in said undivided one third interest to devise to said Lucy Inez Golson and Willie Ann Golson. The remainder undivided two thirds interest in said lot I devise in fee simple to said Lucy Inez and Willie Ann Golson. I bequeath to said Callie Golson and said Lucy Inez and Willie Ann Golson each an undivided one ninth interest in all money which I may have at the time of my death and those in action belonging to me at my death and stocks in corporations which I may then own after the payment there out of all the debts against my estate and burial expenses and cost of administration of my estate. I appoint said Callie Golson trustee for said Lucy Inez and Willie Ann Golson so far as said property is concerned and exempt her from giving any bond as such trustee and do direct that she shall have control and management of said property until two said children become twenty one years of old and she is hereby authorized to use and expend the net income of said children & interest in said real estate and the ___ of any personal estate that they may taken hereunto in their support and education. I do expressly exempt her from either keeping or rendering any account of her expenditures of hers estate as herein above _____ as she is not skilled in such matters and I rely upon her maternal affection and interest in said children to properly apply said income and also for the reason that it will always be difficult to proper separate and keep accounts of the different expenditures for herself and said two children that she may here after have shall share in or derive any benefit from said property or the income there of Fourth All the rest and residue of my property, real personal and mixed which I may leave at my death I give derise and bequeath share and share alike to Laura Gill (wife of Andrew Gill) of Selma, Alabama and her children now born to her namely Bruce Gill, Helen Gill, Percef Walker Gill, Andrew Gill, Mabell Gill, Claudie Gill and Windsor Gill and any other children she may have hereafter born to her. I appoint said Laura Gill Trustee for said Bruce Gill, Percef Walker Gill, Helen Gill, Andrew Gill, Mabel Gill, Claudie Gill and Windsor Gill, and such other children as she may have hereafter born to her so far as said property is concerned and do exempt her from giving bond as such Trustee and she is hereby authorized to use and expend the net income of said children's interest in said real estate and the corpus of any personal estate that they may take hereunder in their support and education. I do hereby expressly exempt her from keeping or rendering any account of her expenditures, as she is not skilled in such matters and I rely on her maternal affection and interest in said children to properly apply said income and also for the reason that it will always be difficult to properly separate and keep account of the different expenditures for herself and said children. Fifth If the said Lucy Inez or Willie Ann Golson die before reaching the age of twenty one years without issue I direct that the property herein devised to the one so dying go to the survivor. If both of them die before reaching the age of twenty one years without issue I direct that the property devised to them go to the said Laura Gill and her children, now born, and those which may be hereafter born to her share and share alike. If any of the children of the said Laura Gill now born or hereafter born to her die before arriving at the age of twenty-one years without issue I direct that the share of the one or more so dying without issue go to the Laura Gill and her remaining children Sixth In speaking of and devising and bequeathing herein for children that Laura Gill may have hereafter born to her intend to include and do include not only those that may be born prior to my death but any that may be born to her anytime prior to her arriving at the age of fifty years. Seventh I hereby appoint Hugh S. D. Mallory of Selma, Alabama executor of this my will and do exempt him from giving bond as such executor. Eight While my estate is being administered I do direct and desire that so far as the due administration thereof will permit my executor shall pay shall pay over to the said Laura Gill the net income of the property devised to her and to her children and pay over to the said Callie Golson her net val-income of the property devised to her and her children. In witness where of I William M. Martin do hereunto set may hand and declare the same to be my last will and testament this November the 25th, 1895 in the presence of the attesting witnesses. W. M. Martin. Signed and executed by the said William M. Martin, as his last will and testament in our presence as attesting witnesses, and we have at the same time and at his request and in the presence of each other subscribed our name therein as attesting witnesses all done the day and date last herein above written. A. L. McLeod Hugh S. D. Mallory I William M. Martin do make this codicil to my foregoing will First I devise to said Laura Gill in fee simple forever the lot and improvements thereon in Selma, Alabama in and on which I now reside and the lot and improvements thereon on which there are now two dwellings houses and other improvements next north of any said dwelling lot and extending north to the alley. For ___ I state that my dwelling lot is situated at the north-east intersection of Broad and Voeghn Streets and that the said lots herein devised to the said Laura Gill are as a whole bounded on the south by said Voeghn Street, on the west by Broad Street and on the north by said alley Second I bequeath to said Laura Gill all the household furniture and kitchen furniture and table furniture of every kind and description and all bedding and wearing apparel and all articles of ___ of taste of every kind which shall be in my said residence at my death. My executor is directed to deliver possession of said personal property to her at once after his qualification and she shall have the right of personally occupy my said residence lot at once or at any time after my decease as she may choose to do so. Third If I do not leave sufficient money and available choses in action to pay the debts against my estate and the costs and expense of administration there of it is my desire that any deficit shall be supplied from the rents of the real estate left by me not including my residence lot and not including such one of the dwellings lift to the said Callie Golson and her children as they may occupy - said Callie Golson being hereby authorized to select for that purpose one of same. If said rents are not adequate to meet such deficit and it shall become necessary then I direct that all the real estate left by me shall be charged __ __ __ such deficit. Forth Except as herein charged my will bearing date November the 25th, 1895, witnessed by A. L. McLeod and Hugh Mallory and which precedes this codicil shall in all respects stands. In witness whereof I William M. Martin do hereunto set my hand and declare the same to be a codicil to my forgoing will this December the 1895, in the attesting witnesses W. M. Martin Signed and executed by the said William M. Martin, as a codicil to his foregoing will in our presence and in the presence of each other subscribed our names hereto as attesting witnesses, all done the day and date last herein written John J. Babsick John P. Furrise The foregoing is the record of the last will and testament of William M. Martin deceased, which was admitted to probate and on the 29th day of April 1896, the petition to probate the said will having been contested, and the contest found in favor of the ____ by a jury, ____ to by the issues joined in the case. P. Z. Wood Probate Judge Additional Comments: This will was contested and court documents can be seen at: File at: http://files.usgwarchives.net/al/dallas/wills/martin230gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 10.1 Kb