Lowndes County AlArchives Wills.....Graves, William September 26, 1854
************************************************
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 March 16, 2005, 12:31 pm

Source: Will Book B, Pages 315-318
Written: September 26, 1854
Recorded: November 20, 1854

Will of William Graves
Lowndes Co., AL
Pages 315-318

The State of Alabama
Lowndes County

In the name of God, Amen.  I, William Graves of county and state aforesaid 
being sound in mind but infirm in body, do hereby make, constitute, appoint, 
ordain, publish, and declare this to be my last Will and testament hereby 
revoking all others heretofore made by me.

Item 1st.  I will desire and request that after my decease that my body shall 
be interred in a plain and decent manner, and that my funeral expenses together 
with that of my last sickness shall be paid out of my estate; also that all my 
debts left unpaid at my death to be paid out of my estate.

Item 2nd.  I will, desire, and bequeath to my beloved son, Y. W. Graves, my 
Kitty Miller mare and a Buggy and Harness; to my beloved son-in-law, Henry H. 
Whetstone, my large Family Bible; to my beloved daughter, Mary Ann Rogers, 
Webster's large dictionary; to my beloved son, Peyton S. Graves, my gold shirt 
and sleeve buttons; to my beloved son Giles N. Graves and my beloved daughter 
Caroline C. Caffy, a selection by ea___ out of my library of such books, as 
they may desire of six dollars each.

Item 3rd.  I will, desire, bequeath, and desire all the rest of my property 
both real and personal of every kind whatever, choces in action, to my children 
and grandchildren, in such manner and form, and such restnictions (?) as 
hereafter more particularly expressed: (and herein and hereby in the first 
place, do direct, authorize, and empower my executors to sell all of my 
property real and personal not herein specifically bequeathed, upon such terms 
and conditions the law directs in sales by Executors and administering respect 
for humanity in the sale of my estate and in no case whatever to separate 
husband and wife and Mothers from their children under ten years of age) and 
that the net proceeds such sales, together with the collections made by my 
choses in action tc, shall be equally divided between my children and such of 
my grandchildren herein named (said grandchildren to take one share which is 
one seventh between them) the whole to be divided in seven equal lots or shares 
as hereinafter expressed, share and share alike, that is to say:  to Y. W. 
Graves, Giles N. Graves, Mary Ann Rogers, wife of John G. Rogers, Sarah J. 
Whetstone, wife of Henry H. Whetstone, and Peyton S. Graves, Jr., to each of 
them one share, being the one seventh of he proceeds of the sale of my property 
herein before directed as well as the proceeds from collection of my choses in 
action tc, unto them and each of them last named and their's forever.

Item 4th.  I further will, bequeath, and desire one equal part or share being 
the one seventh of the net sales of my property aforesaid directed and of 
collections made from my choses in action, unto Peyton S. Graves, Jr., unto him 
and his heirs forever.  Never the less in Trust for the sole and separate use 
and behoof of my beloved daughter, Caroline C. Caffey free from the debts, 
contracts, dominion, and control of her present husband, A. J. Caffey or of any 
future husband whatever.

It is also my will and desire that the said trustee, Peyton S. Graves, Jr., 
shall at all times suffer and permit my beloved daughter, Caroline C. Caffey, 
to have the free use, occupation, and enjoyment of such property and should the 
desire to have all of any part of such funds herein bequeathed to her as above, 
invested in any of my slave property or any of my other property at the sale of 
such property of my executors, then in such case, the said trustee is 
authorized and empowered to make such investment according to her wishes and 
directions.  He, the said Peyton S. Smith, is also authorized and empowered to 
make investments from time to time of said funds or of the interest or proceeds 
arising from the same, at any time whatever, in such property as my said 
daughter may desire and direct.

Item 5th.  I further will, bequeath and desire the remaining seventh share of 
the net proceeds of the sales of my property as before directed as well as the 
seventh part of the collections made from my choses in action tc, unto my 
beloved grandchildren herein named, to be equally divided among them, share and 
share alike: that is to say to William T. Mason, Martha Ann Pierce, wife of 
Hiram Pierce, Louisa Varner, Wife of L. Walters, William Varner, Mary Varner, 
Giles J. Varner, and Mary L. Graves, daughter of Y. W. Graves, each the one 
seventh of the aforesaid lot or seventh share last above bequeathed unto them, 
my said grandchildren herein named unto them and their heirs forever.

It is my will and desire and herein mentin___ it, though advised it is 
unnecessary to do so, that no advancements made by me to any of my children, is 
to be accounted for by them or either of them and in no manner to be considered 
by my Executors in the division or distribution of my estate under this my last 
will and testament.

Witness my hand and seal this the 26th day of Sept. 1854.

                                               William Graves {Seal}

Signed, sealed, published and
declared the day and year
aforesaid in the presence of the
undersigned who at the request
of William Graves, the Testator,
subsribed their names thereto
as witnesses in his presence
and in the presence of each other.
"The words - In the sale of my slaves
interlined in the sixth line, 2nd page
before signing, tc."
     J. M. Sadler
     N. L. May
     C. S. Alexander
     Martha A. Alexander
     Thomas M. Williams


The State of Alabama
Lowndes County

Personally appeared in open court, Nathan L. May and Thomas M. Williams, 
subscribing witnesses to the annexed papers purporting to be the last will and 
testament of William Graves, late of Lowndes County, deceased, and who are 
known to me, being sworn, stated that they saw the said William Graves in his 
life time sign, seal, publish and declared the same papers in writing as his 
last will and testament and that he signed the same in the presence of the 
other subscribing witnesses - and that at the time of signing the same was of 
sound disposing mind and memory - that at the request of the Testator said 
deponents together with the other subscribing witnesses, J. M. Sadler, C. S. 
Alexander, and Martha A. Alexander subscribed their names as witnesses in the 
presence of said William Graves, the Testator, and in the presence of each 
other on the day and year therein written.

                                             N. L. May
                                             Thomas M. Williams

Subscribed and sworn to in
open court this 20th day of 
November, A. D. 1854
     E. H. Cook
     Judge of Probate


Additional Comments:
According to his tombstone in the Oakview Cemetery, Lowndesboro, Lowndes Co., 
AL, William was "born in Oglethorpe, GA, Emigrated to this neighborhood in 
1817, in which he resided until his death."  (He was a son of William Graves 
and Sarah Smith and brother of David and Thomas who were also in Lowndes 
County.)


File at: http://files.usgwarchives.net/al/lowndes/wills/graves63gwl.txt

This file has been created by a form at http://www.genrecords.org/alfiles/

File size: 7.7 Kb