Greene County AlArchives Wills.....Fortson, William December 23, 1845 ************************************************ 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: Chandler Eavenson yonahdells@windstream.net March 4, 2010, 8:57 pm Source: Will Book C, Page 114, Greene Co., Al Written: December 23, 1845 Recorded: January 1846 In the name of God Amen. I, William Fortson, of the County of Green, State of Alabama, knowing the uncertainty of life and the certainty of death, and being of sound mind and disposing memory do hereby make, ordain, publish and declare this as and for my last will and testament, hereby revoking and making void all former wills, whatsoever at any time heretofore made. And as to what worldly effects it has pleased God to entrust me with it is my will and wish I do hereby devise and dispose of in manner following: Item 1 - I give and bequeath to my beloved wife Ann Fortson for and during her natural life and no longer, the following land and personal property. The west half of the southwest quarter and the east half of the SW quarter of Section 30, the W. one half of the NE one fourth and the E one half of the NW one fourth of Sec. 31, the NE one fourth of the SW one half and the NW one fourth of the SE one fourth of Sec. 31, all in township 23 Range 2 east containing in all about 400 acres to be same more or less, together with all the house improvements and appurtenances thereon and also the negro slaves Mary, Moses, Wayne, Jerry, Millie and Rhody, and the future increase of the females thereof. Item 2 - I also give and bequeath unto my beloved wife all the household and kitchen furniture, the carriage and carriage horses and 2 other horses such as my said wife shall choose from my whole stock of horses, a yoke of oxen the best yoke, 4 cows and calves and 5 of the other stock cattle, 25 heads of good stock hogs, 3000 lbs. of pork, 8 sheep, and all poultry of every description. Item 3 - It is my will and desire that all of the property herein devised to my wife be at her death equally divided among my children, share and share alike to those of them who may be living at that time and the children of those who may not be living at the death of my said wife to take the part which their deceased parent may be entitled to. Item 4 - It is my will and desire that my executor furnish, out of my estate, a sufficient quantity of groceries, corn, fodder and provisions for the maintenance of my said wife and family, and she is also to have the gin wagon and farming utensils, horse mill. Item 5 - I devise and bequeath all my estate except so much thereof as is given and bequeathed above to my wife and that after her death to my children and legatees, my son-in-law Abraham Burford, Rachel W. Ridgeway, wife of Burrell Ridgeway, the heirs of Samuel H. Fortson, my son-in-law Simeon Maxwell, William T. Fortson, William F.Harris, the son of my daughter Fannie Harris, Elijah S. Fortson, William F. Wilson, son of my daughter Ann Wilson, Roderick R. Fortson, Peter E. Fortson and Aaron Fortson to them and their heirs and assigns forever except such reconstructions and reservations I have hereinafter made. Item 7 - It is my will and desire that my executor sell all my real estate both real and personal not hereinbefore disposed of on such credits and terms as he may think most beneficial for all concerned and collect the proceeds thereof and pay to each one of my legatees the equal portions or part as herein specified. But the amount of all the notes and accounts as matter what date or for what consideration which I now have in my possession against any of them is to be taken as money in payment for the share or part of such indebted one. Item 8 - Believing that it will be for the interest and welfare of my daughter Rachel W. Ridgeway to entail and fix upon her and the heirs of her body that part of my estate which I have divised to her, I do hereby give, grant, bargain, sell and convey unto my grandson Drury Ridgeway all and every part of the 11th of my estate being equal in amount to each one of my heirs and legatees, in trust however for the only proper use behoof and benefit of my said daughter Rachel W. Ridgeway for and during her natural life and at her death to be equally devided among the heirs of her body lawfully begotten. Item 9 - It is my desire that my Executor pay all my just debts out of the money which may come into his hands. Item 10 - It is my desire that my old negro man Jim be left with my wife that he be not sold but kept in the family and well treated during the remainder of his days. Item 11 - I desire my Executor to give up to the Trustee above named a certain promissory note which I hold against Burrell Ridgeway for about $400.00 and I hereby give it to the said Trustee for the uses and purposes aforesaid, in addition to the equal portion aforesaid. In testimony whereof I have hereunto set my hand and seal to this my last will and testament on this the 23rd day of December in the year of our Lord one thousand eight hundred and forty five. Signed, sealed, acknowledged and declared by the Testator in the presence of us who have signed as witnesses in his presence and in the presence of each other. William Fortson (Seal) Jubal Carpenter George G. Higginbotham George G. Snedecor Tilman Hicks Additional Comments: William Fortson was born 28 Feb 1774 in VA, died 9 Jan 1846 in Greene Co., AL, the son of Rev. Sol. Lt. Thomas Fortson, Jr. and wife Rachel Winn. William married on 7 Aug 1794 in Elbert Co., GA to Ann Higginbotham, born 8 Jun 1772 in VA, died 21 Apr 1852 in Greene Co., AL, the daughter of Rev. Sol. Col Samuel Higginbotham and wife Jane Satterwhite. In Elbert Co., GA William was a member of the GA Militia in the War of 1812, a Justice of the Inferior Court and a member of the GA House of Representatives. He also served as a member of the House of Representatives from Greene Co.,AL. William and wife are buried in a family cemetery five miles from Clinton, AL. File at: http://files.usgwarchives.net/al/greene/wills/fortson331gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 6.4 Kb