Lowndes County AlArchives Wills.....Walker, Benjamin Wyche, Sr. April 26, 1854
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Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 April 7, 2009, 4:51 pm

Source: Lowndes County Will Book B, Pages 313-314
Written: April 26, 1854
Recorded: September 11, 1854

Know all persons by these presents that I Benjamin Wyche Walker, Sr., of the
County of Lowndes and State of Alabama, being sound in body and in mind – but
knowing the uncertainty of life, do make, ordain and constitute this  my last
will & testament revoking all other wills heretofore made by me.

Item the 1st  It is my will and desire that after my death that all my just
debts be paid by my executors whom I shall hereafter name.

Item 2nd  I will and bequeath all that I my [may] died sized and property with
to my son Benjamin Wyche Walker, Jr. (viz) Land negroes money bond accounts
household and kitchen _____, stock of all kinds crops of all kinds and
everything that I may possess at my death or may inherit from any source
whatsoever hereafter.

Item 3rd At any time after my death it is my will and desire that my executors
or a majority of them think it will be to the interest of my son have the power
and ____ myself if living to sell at public or private sale all or any portion
of my estate where a majority may think it would be to the interest of my son do
do so and furthermore, if they think best to purchase property with surplus
money that may be on hand at any time, I wish them to do so or in other words to
do for him as I would, if I was living.

Item the 4th   Should a majority of my executors deem it best for my son’s
interest to sell all or any part of my estate at any time before he arrives at
lawful age, I wish they to have the proceeds loaned out at lawful interest to be
well secured by mortgage on real estate that is in no way encumbered.  
After reserving annually money enough to dep___ all expenses for board, clothing
and schooling & to which his ecutors (?) or guardians to keep him at the best
school until he graduates and then for him to make his ___ which he will choose
a profession or not – provided he is studious, if he is not I wish him to be put
to work or __ profitable employment, as I do not wish rained (?) in idleness.

Item 5th  Should my son B. Wyche Walker, Jr. die before he arrives at the age of
twenty-one years, I will that all my property that he inherits by me at his
death to be equally divided amongst my surviving brothers and sisters and lawful
heirs of their bodies provided he leaves no lawful heirs.

Item the 6th  I constitute and appoint my brothers William H. & Peter W. Walker
of Greensville County, Virginia and Henry B. Wigginton of Lowndes County, ala
executors to this my last will and testament and guardian for my son B. Wyche
Walker, Jr.  In testimony I have hereunto set my hand and seal this the 26th day
of April 1852.

Signed & sealed in the presence                         B. Wyche Walker {SEAL}
Of
P. W. Walker
D. E. Ledbetter
Henry B. Wigginton
Benjamin F. Roe

The State of Alabama
Lowndes County

Personally appeared in open court Henry B. Wigginton, Benjamin F. Roe, and David
E. Ledbetter, subscribing witnesses to the written paper purporting to be the
last will and testament of 
Benjamin Wyche Walker, late of said county dec'd. Who being sworn H. B.
Wigginton testified that he and P. W. Walker and other subscribing witnesses,
saw said Testator sign the said paper as his last will and testament – that he
this deponent subscribed the ____ in his presence and at the request of decedent
and the presence of P. W. Walker, that said P. W. Walker also signed the same in
the presence of decedent and of witnesses – said B. F. Roe and D. E. Ledbetter
state that said B. W. Walker acknowledged in their presence that he had signed
the same as his last will and testament and that they attested the same in the
presence of said B. W. Walker and at his request, but not in the presence of
each other and all on the day and date therein written and that at the time said
testator was of sound disposing mind and memory.

Sworn to & subscribe in open                                 Henry B. Wiggingon
Court this 11th day of Sept. 1854                             D. E. Ledbetter
E. H. Cook, PJLC                                                    Benjamin F. Roe

The foregoing is a true copy of the original will, admitted to probate and
record the 11th day of Sept AD 1854.
E. H. Cook, PJLC


Additional Comments:
Benjamin Wyche Walker married Emily J. Battie on January 9, 1840 in Lowndes
County, marriage book 1, page 291, married by William Rice, MG.  Their son,
Benjamin Wyche Walker, Jr. was born about 1841.  He married Susan Elizabeth
"Bettie" Harrison on February 17, 1863 in Lowndes County, marriage book 3, page
569, by Samuel K. Cox, MG, marriage bond co-signed by L. J. P. Owen.

Benjamin, Wyche, Sr. was buried in the Walker Burying Ground located on his
property.

File at: http://files.usgwarchives.net/al/lowndes/wills/walker309gwl.txt

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