Lowndes County AlArchives Wills.....Patrick, John W March 19, 1834 ************************************************ 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: Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 June 8, 2020, 1:52 pm Source: Lowndes County, Will Book B, Pages 35-38 Written: March 19, 1834 Recorded: June 10, 1834 Will of John W Patrick In the Name of God Amen I, John W Patrick of the county of Lowndes & State of Alabama being of sound and disposing mind and memory but weak in bodily health, do make ordain establish publish & declare this to be my last will and testament in manner & form & substance following. That is to say It is my will & wish that all just debts due by me at my death be promptly paid by my executors herine after named. I do give & bequeath unto my beloved wife Mary Jones Patrick David Huffman James L F Cottrell all my estate both real & personal of which I may be possessed to have and to hold the legal &equitable title thereto and thereof to them and the survivors of them and their successor or successors to be appointed herein after directed, as Trustees to and for the uses trusts and purposes herein after declared, & for the Term of years herein after prescribed and specified, that is to say to and in Trust for my Wife Mary Jones Patrick and my beloved children Marcella Jane, Marth Ann, John Wolf, and James Christian Patrick and their heirs to be by them and the survivors of them and these successors held and conducted until my youngest son arrives at the full age of Twenty one years and to be by them with the exception of my Wife, at the time equally divided with all its profits and increases between by Beloved Wife Mary Jones Patrick and my beloved children Marcella Jane, Martha Ann, John Wolf and James Christian Patrick. It is my will that the said trustees of the survivors of them and their successors do layout all the rents, issues and profits rising and recurring from my said Estate within the first Ten years Expiring immediately from and after my death in Slaves and lands, for the Slaves to work on any other property necessary to conduct and carry on a farm and that all the rents monies issues and profits recurring and rising from my said Estate after the Expiration of the said term of ten years & before my said youngest son James Christian Patrick arrives at the age of Twenty one years, Shall be by them loaned out at interest and good security all to be due & collectable every twelve months. It is my will and desire that my beloved wife Mary Jones & my beloved children shall live and reside on my plantation and shall have a necessary support out of the profits of my estate, and that my children shall have a liberal education thereout also provided that should my said wife Mary Jones marry, then immediately she shall cease to be a trustee and shall immediately relinquish possession of all and any part of my Estate then in her possession and shall move off my plantation provided further that she may take should she marry a negro girl to wait on her which shall come back when my youngest son James Christian arrives at the age of twenty one years, to my Estate and be divided with it as though she had all along remained in the possession of my trustees, and further she may take another girl to wait on my children as long as they remain with her which shall in like manner at the same time return to my Estate as the other and be divided as thought she had all along remained in the possession of my trustees & provided that nothing herein shall be __ construed as to preclude exclude or debar my said wife if she should marry from her equal share of my estate with my said children when the youngest son James Christian Patrick arrives at the age of twenty one years. Fifthly It is my will wish and desire that should my wife Mary Jones after my death receive any legacy bequest or portion as in hereafter from her Father Lawrence Rambo or from his Estate which she __ not divided equally with herself and my said children at the time my youngest soon arrives at the age of Twenty one then and in that case she my said Wife shall only receive and hold and be entitled to receive from my Estate such a portion or share as together with the portion bequest legacy or inheritance which she shall have received from her said Father of from his Estate shall be equal in value to the respective portions of each of my said children. Sixthly It is my will and desire that should either of said children marry before my youngest son James Christian arrivers at the age of Twenty one years, then my said Trustees shall loan to sucah as to marry one slave until the time at which he does arrive at the age of Twenty one years and all the slaves loaned are then to return to my Trustees and be then divided as my Estate according to the true intent and meaning of this will. Seventhly I do hereby appoint my beloved wife during her widowhood guardian of my said children, but as I have made provision for the support out of my Estate she is in no instance to make any charges for board clothing or services by her rendered as their guardian. Eighthly It is my will and desire that as soon after my death as may be convenient and after the payment of my debts, my Executor hereinafter named shall distribute to my said wife Mary Jones Patrick David Huffman and James L F Cottrell as trustees, as aforesaid all my Estate both real and personal to be by them held & disposed of as herein before directed. Ninthly Should there be a vacancy by reason of the death resignation or removal of one or all of the Trustees aforesaid then the other ___ ___ number of Three shall be appointed by one of the Chancery Judges of the State of Alabama. Tenthly It is my will and desire that the Trustees appointed here in or by virtue hereof shall before they enter on the Execution of these d___ herein enjoined enter into Bond with Good security will and th___ to execute the duties herein imposed, and to account for all property received by them as trustees which Bond shall be made payable to the Judge of the county court for the time being and his successors in office for the use of the said wife and children the devisees herein provided that each trustee shall receive and allowed and return for each year’s service by them rendered as trustees the sum of thirty dollars & all expenses shall be allowed them. Eleventhly I do hereby constitute &appoint my beloved wife Mary Jones Patrick David Huffman and James L F Cottrell Executors of and to this my last will and testament hereby revoking canceling and annulling all other and former wills and testaments by me made. In Testimony whereof I the said John W Patrick have hereto set my hand and seal the nineteenth day of March in the year of our Lord One Thousand Eight hundred & thirty four. Signed sealed declared & Published by the Jn W Patrick { Seal} __ us his last will and testament The day and year above in the presence of the Undersigned who subscribed the same as witnesses ___ to in the presence of the Testator & at his Request and in the presence of each other R B Montgomery M L Gilmer Joseph Parsons State of Alabama Lowndes County Orphans Court June 2nd 1834 Before me Peter Williamson Judge of the County and Orphans Court of said county. Personally came Robert B Montgomery & M L Gilmer & Joseph Parsons the attesting witnesses to the above and foregoing will and testament of John W Patrick who being duly sworn deposeth and saith that they severally saw John W Patrick sign seal publish & declare the same in their presence to be his last will and testament on the day and date mentioned in said will and that they the said Montgomery Gilmer and Parsons severally subscribed the same as witnesses thereto in the presence of the testator and at his request and in the presence of each other and that Testator was Sound and disposing mind & memory. Sworn to before me the R B Montgomery 2nd day of June 1834 M L Gilmer Peter Williamson J.C.C.L.C Joseph Parsons The above and foregoing Will & Testament is a true copy of the original Requested the 10th day of June 1834 John Varner Clk File at: http://files.usgwarchives.net/al/lowndes/wills/patrick75nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 8.8 Kb