Will of John Wesley Whitehurst, Henry, Alabama http://files.usgwarchives.net/al/henry/wills/jwwhitehurst.txt ================================================================================ USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Debra LaMel ================================================================================ October 2002 Will of John Wesley Whitehurst Henry County, Alabama From the Courthouse in Abbeville Book W, Orphans Records Pages 686 - 702 Scanned and transcribed by James Waller Whitehurst, July/August 1999 To err is human and I humbly apologize for any errors that you may find. NOTE: Where text could not be read and transcribed accurately, that portion of the scanned original document is copied and pasted in for individual reader interpretation. jww In the name of God Amen I, John Whitehurst of the County of Henry and State of Alabama being of sound mind and deposing memory in the seventy eighth year of my age but fully aware of the uncertainty of life and the certainty of death do make ordain publish and declare this to be my last will and testament - that is to say: Item 1st I will my body to its mother earth and the return of my soul to God who gave it. Item 2nd It is my will and desire that my funeral expenses should be paid out of my estate by my executors hereinafter named together with my debts I may justly owe at the time of my death. Item 3rd I give and bequeath unto my three grandsons John Elbert and Owen Johnson sons of my daughter Louisa Johnson deceased, Three Hundred Dollars each to paid over to them or such of them as may be twenty one years old at my death, and if any or all of them should not have arrived at majority at the time of my death then their respective legacies of Three Hundred Dollars each are to be paid over by said Executors to the legally appointed Guardian of each or any of them who may then be minor and until such Guardian or Guardians are so appointed and qualified. It is my desire that my Said Executors hold and use said legacies as trustees for the use and benefit of said Grandsons above named or until they respectively arrive at the age of twenty one years when said sums shall be paid over to them. Item 4th I give and bequeath unto my six Grand children to wit: Rebecca, Martha Jane, Caledonia, Richard (called Dick) and Lee (usually called Dick) Whitehurst children of my deceased son J. A. J. Whitehurst Two Hundred dollars each to be paid over to them respectively by my said Executors at the same time and upon the same terms conditions and restrictions as is provided for the payment of the Legacies on the 3rd Item of this will. Item 5th I give and bequeath unto my Six Grand children to wit: Westly, James, John, George, Amanda and Manilla (called Rilla) Whitehurst children of my son Stephen A Whitehurst the sum of One hundred and twenty Dollars each to be paid over to them respectively by my Executors at the same time and upon the same terms conditions restrictions and in the same manner as is provided for the payment of the Legacies bequeathed to my three Grandsons in the 3rd Item of this my will. Item 6th I also give and bequeath unto my son Stephen A. Whitehurst Five hundred and Eighty Seven Dollars to be paid over to him by my Executors immediately after my death. Item 7th I give and bequeath unto my Six Grand children to wit: Mary Ann, Lancy (?), Martha, Mahala, Louisa and Seaborn Bizzell children of my deceased daughter Nancy Bizzell who was the wife of One Harrison Bizzell the sum of One Hundred and Seventy five Dollars each to be paid over to them respectively by My Executors immediately after my death. Item 8th I also give and bequeath unto my afflicted Son (to whom I have already made advancements) Bray Whitehurst the sum of One Thousand Dollars to be paid over to him by my Executors immediately after my death. Item 9th I give and bequeath unto my Grand Daughter Amanda Jane Bowen wife of Jesse Bowen the sum of Five Hundred and Eighty Seven Dollars to be paid over to her by My Executors immediately after my death. Item 10. I also give and bequeath unto My Grandson Monteer (?) Whitehurst the sum of One Hundred and fifty dollars to be paid over to him by My Executors immediately after my death. Item 11th I also give and bequeath unto my son Seaborn S Whitehurst the sum of Five Hundred and Eighty Seven Dollars to be paid over to him by Executors immediately after my death. Item 12th I also give and bequeath unto My little Grandson Monroe Whitehurst Son of Seaborn S. Whitehurst the sum of One hundred and fifty Dollars to be paid by My Executors to his Father said Seaborn S for the benefit of Said Monroe at the same time that said Seaborn S receives from them his Legacy as herein above provided. Item 13th I also give and bequeath unto My Son Calvin Jones Whitehurst eleven Hundred and Seventy Five Dollars to be paid to him by My Executors immediately after my death. Item 14th I give and bequeath unto My daughter Ann Calhoun wife of J. J. Calhoun and the heirs of her Body begotten Eleven Hundred and Seventy five Dollars to be held by My Executors herein after named as trustees for Said Ann and her children and by them to be paid over to said Ann as in their discretion they may think she needs it. Lending out an undoubted Security the Said funds for the use of Said Ann all surplus on hand not paid over to her but in no event must My Said Executors pay over Said Legacy to her husband the said J. J. Calhoun. Item 15th I also give and bequeath unto My daughter Mahala Hays widow of Calvin Hays dec d and when last heard from it was reported had married a gentleman named Nelson the Sum of five Hundred and fifty Dollars to be paid over to her by My Executors immediately after my death. Item 16th I also give and bequeath unto my Grand daughter Mrs. L L Sells eldest daughter of my daughter Mahala Two Hundred and fifty dollars to be paid over to her by My Executors immediately after My death. Item 17th I do give and bequeath unto My Granddaughter Ann Crawford Two Hundred and fifty Dollars to be paid to her by My Executors immediately after My death. Item 18th I also give and bequeath to my Grandson Jackson Hays One Hundred and Twenty five Dollars to be paid by Executors immediately after My death. Item 19th I give and bequeath unto my son Richard A. Whitehurst the Sum of Eleven Hundred and Seventy five Dollars to be paid by My Executors out of My estate immediately after My death. Item 20th I also give and bequeath unto My daughter Amanda R Bowen wife of Dr O B Bowen the sum of Eleven hundred and Seventy five Dollars to be paid to her by My executors out of My estate immediately after My death. It is my will and desire that My Executors hereinafter named shall immediately after my death have this My will probated and recorded and shall immediately afterwards proceed to take into their custody all of My Money and shall out of the Same pay off the Said Legacies herein above specified in the manner therein indicated. Item 21st I will and bequeath all of My property Not herein above disposed of to My beloved and faithful wife Jane Whitehurst for and during her natural life to use and dispose of as she May see proper for her own individual use and benefit subject only to a general supervision (?) by My executors of whom I request that they assist her in the management of the same and see to it that she is made comfortable what time she may live. After the death of My Said wife should she have any of My property still in existence it is my will that My Executors sell the Same at public outcry (?) and divide the proceeds thereof among the legatees herein above named in exact rates with the amounts herein given them. Item 22nd I hereby Nominate and appoint Calvin Jones Whitehurst Richard A Whitehurst and O B Bowen as Executors of this My last Will and testament and desire them to proceed with the execution of this My last Will under the powers(?) herein contained without resort to the courts for orders and directions how to perform the same. In testimony whereof I have hereunto set my hand and affixed my seal this the 26th day of April AD 1870 In presence of Geo Lillie } John Whitehurst (L.S.) E F Hill } William C. Oates } Filed in Office September 28th 1874 J. B. Appling Judge of Probate