Jefferson-Statewide County AlArchives Wills.....Smith, William T. 1908 ************************************************ 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: L. Hanke lhbham@yahoo.com March 28, 2007, 3:57 pm Source: Exhibit A Of Chancery Court Case #4496, Jefferson County Alabama (found In Loose Records Box 1894) Written: 1908 EXCERPT OF THE LAST WILL AND TESTAMENT OF WILLIAM T. SMITH, SR. (I don't know the date of the actual will - this was an attachment to a petition in Chancery Court) I give and bequeath unto my said Grand-son, WILLIAM LAURIE MARSHALL FARRIOR, the sum of Five Thousand ($5,000) Dollars in money, to be paid by my executors to the Trustees hereinafter named, for my said Grand-son, which sum of money shall be disposed of as hereinafter directed; I give and devise unto my said Grandson, Lot number fifteen (15) in Block number Eighty-two (82) on Second Avenue, in the City of Birmingham, County of Jefferson, and State of Alabama; also lot number five (5) in Block Seven hundred and forty-nine (749) on Sycamore Street, in the City of Birmingham, County of Jefferson, and State of Alabama. The possession of said Two lots shall be delivered to the Trustees hereinafter named, for my Grandson, to be held, managed, controlled and disposed of, as hereinafter directed. Provided, however, that said gift of Five Thousand ($5,000) Dollars, and said devises of said Two (2) Lots to my said Grandson, is on condition that he shall live to reach the age of twenty- one years; if the said William Laurie Marshall Farrior shall not live to reach the age of Twenty-one (21) years I will give and bequeath said sum of Five Thousand Dollars, and I give and devise said two lots of real property unto my Granddaughter Clair Carroll Farrior, Provided she shall be living at the time of the death of my Grandson, William Laurie Marshall Farrior, and shall continue to live until she reaches the full age of Eighteen Years, if married, or the age of Twenty-one years if not married, then the Five Thousand Dollars in money, and the two lots of real property herein mentioned, as being given to my Grandson William Laurie Marshall Farrior, on conditions as herein stipulated, and the Five Thousand Dollars in money, and the two lots of real property herein mentioned, as being given to my said granddaughter, Clair Carrol Farrior, on condition stipulated shall be divided equally, between my children that shall be living or their bodily heirs, at the time of the death of the last one of the two grandchildren, William Laurie Marshall Farrior, and Clair Carroll Farrior, excepting one hundred Dollars, which shall be given to the nearest of kin to the said two grandchildren. I give and bequeath unto my said Granddaughter, CLAIR CARROLL FARRIOR, the sum of Five Thousand ($5,000) Dollars in money, to be paid by my executors to the Trustees hereinafter named, for my said Granddaughter, which sum of money shall be disposed of as hereinafter directed; I give and devise unto my said Granddaughter, Lot number sixteen (16) in Block number Eighty-two (82) on Second Avenue, in the City of Birmingham, County of Jefferson, and State of Alabama; also lot number Six (6) in Block Seven hundred and forty-nine (749) on Sycamore Street, in the City of Birmingham, County of Jefferson, and State of Alabama. The possession of said Two lots shall be delivered to the Trustees hereinafter named, for my Granddaughter, to be held, managed, controlled and disposed of, as hereinafter directed. Provided, however, that said gift of Five Thousand ($5,000) Dollars, and said devises of said Two (2) Lots to my said Granddaughter, Clair Carroll Farrior, is on condition that she shall live to reach the age of twenty-one years if unmarried, or the age of Eighteen years if married. If the said Clair Carroll Farrior shall not live to reach the age of Eighteen years if married, or the age of twenty-one years if unmarried, I give and bequeath the said sum of five thousand dollars, and I give and devise said two lots of real property unto my grand-son William Laurie Marshall Farrior, provided he shall be living at the time of the death of my grand-daughter, Clair Carroll Farrior, and shall continue to live, until he reaches the age of twenty-one years. If said Clair Carroll Farrior shall not reach the age of Eighteen years if married, or the age of twenty-one years, then the five thousand dollars in money and the two lots of real property herein mentioned as being given to my grand-daughter Clair Carroll Farrior, on conditions as herein stipulated, and the five thousand dollars in money, and the two lots of real estate herein mentioned as being given to my grand-daughter Clair Carroll Farrior, shall be equally divided between my children that shall be living at the time of the death of the last one of my two grand-children, William Laurie Marshall Farrior and Clair Carroll Farrior, share and share alike, and one hundred dollars shall be given to the nearest of kin to the said Clair Carroll Farrior, which amount shall be given out of the moneys, or any assets of my estate, as my executors may select. ITEM SIX (6) I hereby appoint my sons EDGAR V. SMITH, and WILLIAM T. SMITH, JR., Trustees for my Grand-son William Laurie Marshall Farrior and my grand- daughter Clair Carroll Farrior, to hold, manage, control and dispose of the money and real property given them respectively, in and by this will, in items four and five. I direct said Trustees, to lend out said sum of five thousand dollars given said William Laurie Marshall Farrior, and said five thousand dollars given said Clair Carroll Farrior, during the minority of each of my said grand- children, at interest on safe security, to be secured by mortgages on Birmingham real Estate, taking the evidence of such loans in their names, as such Trustees. The accumulation of interest shall be also loaned out by said Trustees, from time to time, on safe security, being treated as a part of the principal, and when my said grand-son and grand-daughter shall reach the age of twenty- one years, the said sum of five thousand dollars, with the accumulated interest thereon shall be paid to them respectively. Said trust fund shall be kept separate, that is, the said fund of my grand-son shall be loaned out at interest, by my two sons as his trustees, and the trust fund of my grand- daughter shall be loaned out by them as her trustees, and separately handled by said trustees, for the respective benefits of my said grand-children. Said Trustees shall take possession, preserve, and care for said real property given to my said two grand-children; they shall annually assess said real property for City, State and County taxes, and shall pay the same, out of the respective share of said beneficiaries, in said sum of money given them or with the accumulation of interest thereon. The taxes of each of my grand- children, shall be paid by said trustees, out of his or her money as above directed. When said William Laurie Marshall Farrior shall reach the full age of twenty-one years, said trustees shall pay to him the said five thousand Dollars, given him by this will; together with the accumulation of the interest then on hand or transfer to him any evidence of debt if this money shall then be loaned out, together with the security taken, and deliver to him the possession of said real property devised to him. When the said Clair Carroll Farrior shall reach the age of twenty-one years, if unmarried, or when she shall reach the age of eighteen years if married; Said trustees shall likewise pay over to her all of the trust moneys in their hands belonging to her under this will; including the accumulation of interest thereon, and deliver to her the possession of said real property given and delivered to her by this will, and the other shall take the same, said trustees shall continue to administer said money and real property as above directed, for the one who shall receive the whole of said money and real property by reason of the death of the other. Be it well understood that the respective sums of money given to my said two grand-children, shall be loaned and the accumulation of interest to be added to the principal, during the minority of each of them, and no part of the same is to be paid to them or for them, until they respectively reach the age required by the terms and provisions of this will. Additional Comments: ----- This excerpt of the Last Will and Testament of William T. Smith, Senior, was attached as Exhibit A to a petition by J. W. FARRIOR, father of the two minors, to become the Trustee of their estates. The two uncles named as Trustees had gotten permission to withdraw as Trustees prior to this date. The court granted J. W. Farrior's petition, and he was to make regular and proper reports to the Court in regards to his handling of the money and land. ----- I am a member of the Loose Records group that is indexing the cases, and am not related to any of the above. 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