Lee County AlArchives Wills.....Middlebrooks, Thomas J. March 1 1867 ************************************************ 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: Roger Thornton rgtrgt@charter.net January 7, 2005, 10:16 am Source: Will Book A, Page 13, Lee County Courthouse Written: March 1 1867 Recorded: January 14 1868 ..... Lee County ) State of Alabama ) Know all men by these presence that I Thomas J. Middlebrooks of sound mind of the above named county and State do make this my last will and testament. Item 1st. I will and bequeath that my body be decently buried and command my soul to god who gave it. Item 2nd. That all my just debts be paid out of my whole estate. Item 3d. I will and bequeath to my wife Mary Middlebrooks and sons George Dallas Middlebrooks and Thomas Anderson Middlebrooks the following described lands. Said lands commencing at the South east corner of the North east ¼ of Section 36 and following the original line of Chambers and Tallapoosa counties north until it strikes the North east corner of the North east quarter of Section 36 thence west on the line between I Thomas J. Middlebrooks and Thomas D. Hurt and thence South and thence east to the South east corner of the North east ¼ of Section 36 to the amount of 300 acres of land. The above described lands I will and bequeath to my wife Mary Middlebrooks and George Dallas Middlebrooks and Thomas Anderson Middlebrooks as long as my wife Mary Middlebrooks lives, and in case she marries, the above above (sic) described lands revert to my two sons, George Dallas and Thomas Anderson Middlebrooks at her death (sic). I will and bequeath my land to revert to my two sons George Dallas and Thomas Anderson Middlebrooks at the death & at the death of my two Sons above named, the lands above described reverts to my remaining living children or their heirs. Item 4th. I will and bequeath to the daughter Lucy A. Wright and Frances A. Thomas and Brunettie Middlebrooks the remaining 270 acres of land to be sold whenever my son Thomas Anderson Middlebrooks becomes 15 years of age. Said lands are to be held in common with the ballence of my land until Said Thomas Anderson Middlebrooks are 15 yrs. of age. Item 5th. I will and bequeath to Susan Brunettie my daughter $250 or it's equivalen (sic) in a horse, cow & calf, Bedding, Sow & pigs, etc. this to take effect when ever she marries with the interest of the estate considered. Item 6th. I will and bequeath that all my perishable property with the exception of what is above named or herein after provided for be sold when ever my Son Thomas Anderson Middlebrooks becomes 15 yrs of age. The proceeds of such Sale to be equally divided among all the heirs of my estate. Item 6th (sic) I will and bequeath that my daughter Susan Brunettie Middlebrooks to have and to hold this house and place as her home free of charge So long as she lives single. Item 7th. I will and bequeath that my wife Mary Middlebrooks and two sons before mentioned all my bedding except what relates to my daughter Brunettie Middlebrooks. Item 8th. I will and bequeath to my wife Mary Middlebrooks and Brunettie, George Dallas & Thomas Anderson Middlebrooks one years supply of provisions with 3 head of horses, 3 cows & calves, 20 head of hogs & 10 head of sheep, one yoke of oxen, also necessary farming utensils to take effect at the sale above mentioned. Item 9th. I do hereby appoint my wife Mary Middlebrooks and William Knight as executors of this my last will and Testament and desire that they shall not be required to give Bond and Security as usual unless they should be guilty of wasting the effects of my estate or neglect to fully execute this my last will and Testament as the law requires. In witness whereof I have hereunto set my hand and seal this 1st day of March 1867. (signed) Thomas J. Middlebrooks ********************************* Will Book A, Page 14 The above instrument was subscribed by Thomas J. Middlebrooks in our presence and acknowledged by him to be his last will and Testament. G. W. Webb (LS) James M. Dingler (LS) Witnesses .................................. Codicil to the will before mentioned. I Thomas J. Middlebrooks will and bequeath that my wifes daughter Ruthie M. Whaley be remain and live with my wife Mary Middlebrooks free of charge as long as she remains single. Thomas J. Middlebrooks G. W. Webb) James M. Dingler) Witnesses .................................. State of Alabama) Probate court of said county ......Lee County) January 13 1868 In the matter of the probate of the last will and Testament of Thomas J. Middlebrooks deceased. Before me David Read Judge of the said county personally appeared in open court, G. W. Webb, who having been to me first duly sworn and examined did and do depose and say on a oath that he is a subscribing witness to the instrument of writing now shown to him and which purports to be the last will and Testament of Thomas J. Middlebrooks deceased late an inhabitant of this county: that said Middlebrooks since deceased signed and executed said instrument on the day the same bears date and declared the same to be his last will and Testament and that affiant and the other witness set their signatures thereto on the day the same bears date as Subscribing witnesses to the same in the pres, of the testator: That said testator was of sound mind and disposing memory and in the opinion of Deponent fully capable of making his will at the time the same was so made as aforesaid. Affiant further states that said Testator was on the day of the said date of said will of the full age of twenty one years and upwards. Subscribed and sworn to before me this 12th day of January 1868 G. W. Webb David Read Judge of Probate ................................. The State of Alabama) Court of Probate ..........Lee county) The will of Thomas J. Middlebrooks of said county having been duly admitted to Record in the said county letters testamentary are hereby granted to William M. Knight and Mary Middlebrooks the executors named in same will who has complied with the requisitions of the law and are authorized to take upon themselves the execution of such will. Dated this 14th day of January 1868. David Read Judge of Probate Additional Comments: In 1867 when this will was made Lucy would have been about 31, Frances would have been about 26, Susan Brunettie about 15, George Dallas about 5, Thomas Anderson about 3, Ruth M. Whaley about 15, Mary Middlebrooks about 40, and Thomas J. Middlebrooks about 53 according to the dates I have for them. File at: http://files.usgwarchives.net/al/lee/wills/gwl58middlebr.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 7.6 Kb