Lowndes County AlArchives Wills.....Hamilton, Margarett Susan Givhan March 16, 1859 ************************************************ 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 April 21, 2009, 3:18 pm Source: Lowndes County Will Book B, Pages 99-101 Written: March 16, 1859 Recorded: July 12, 1869 Last Will and Testament of Margarett S. Hamilton I, Margarett S. Hamilton being of sound and disposing mind do make publish and declare this to be my last will and testament. 1st: I give and bequeath unto Margarett D. Averitt the slaves Lena and her two children, Elisha and Robert. 2nd: I give to Jane E. Harrison, Sancho, Peggy and Judy. 3rd: I give to Susan J. Darby, Jack, Maria and Andres. 4th: I give to Moses Hamilton, April, Wash and Crotia. 5th: I give to Susan Fanny Hamilton, the daughter of Daniel Hamilton, the negro woman, Surdy, and to James M. Hamilton, son of the said Daniel, the Slave Osburn. 6th: I give unto my three daughters, Jane E. Harrison, Margarett L. Averitt, and Susan J. Darby, all my bedsteads, bedding and bedclothes to be equally divided among themselves as they may choose. 8th: All the balance of my property, I wish sold and the proceeds thereof equally divided amongst my five living children provided, however, that out of the proceeds of said balance the sum of two hundred and fifty dollars shall be appropriated to the payment of expenses of pulling a brick wall around the family graveyard. I nominate and appoint J. D. Houser and M. Hamilton Executors of this my last will and testament in testimony whereof, I have hereunto set my hand and seal this the 16th day of March, A.D. 1859. M. S. Hamilton (Seal) Signed, sealed, published and declared by Margarett S. Hamilton as her last will and testament in our presence and we at her request in her presence, and in the presence of each other, have signed our names as witnesses this the day and hear above written. George R. Haigler Josiah Haigler The State of Alabama, Lowndes County: In Probate Court: In the matter of the probate of the Last Will and Testament of M. S. Hamilton, Deceased: Before me, J. V. McDuffie Judge of the said Court, personally appeared in open Court, George R. Haigler and Josiah Haigler who having been by me first respectively sworn and examined, did and does depose and say on oath that they are each subscribing witnesses to the instrument of writing now shown to them, and which purports to be the last will and testament of M. S. Hanilton, deceased, late and inhabitant of the County, that said M. S. Hamilton, since deceased, signed and executed said instrument on the day the same bears date, as subscribing witnesses thereto in the presence of said Testator, that said Testator was of sound mind and disposing memory and, in the opinion of deponents, fully capable of making her will at the time the same was so made as aforesaid. Deponents further state that the said Testator was on the day of the date of said will of the full age of twenty one years and upwards. Sworn and subscribed George R. Haigler Before me this July 12, 1869 Josiah Haigler J. V. McDuffie Judge of Probate February 28th, 1869 Memorandum of a bequest mad by M. S. Hamilton made this day, viz.: I will to J. E. Houser, my daughter, S. J. Darby, my daughter, and J. M. Hamilton due S. R. Hamilton, my grandchildren, all the gold which I die possessed of to be divided as follows: To my two grandchildren named above, fifty dollars, each, the remainder divided between Jane C. Houser and S. J. Darby, and it is my will that this or these special bequests are not to be accounted for by distribution in the division of my Estate. N.B.: Mrs. Hamilton being blind cannot sign the memorandum. Witness: M. S. Hamilton P. T. Graves by J. D. Houser. Lizzie Shaver The State of Alabama Lowndes County: Probate Court of said County In the Matter of the Probate of the Last Will and Testament of M. S. Hamilton, deceased Before me, J. V. McDuffie Judge of said Court, personally appeared in open Court Peyton T. Graves who being by me first duly sworn and examined did and does depose and say that the is a subscribing witness to the instrument of writing now shown to him and which purports to be the last will and testament of M. S. Hamilton, late an inhabitant of this County, and that said deceased requested J. P.[D] Houser to sign her name to the same she being blind, who executed said instrument on the day the same bears date, to wit, the 28th day of Feby 1869 and the said M. S. Hamilton declared the same a Codicil to her last will and testament, and that affiant set her signature thereto on the day the same bears date as a subscribing witness to the same in the presence of the Testator and of the other subscribing witness, that said Testator was of sound mind and disposing memory and in the opinion of deponent, fully capable of making her will at the time the same was so made, as aforesaid. Affiant further states that said testator was on the day of the date of said Will, of the full age of twenty-one years and upwards. Subscribed and sworn to before P. T. Graves Me this July 12th, 1869 J. V. McDuffie Judge of Probate Additional Comments: Margaret Susan Givhan, wife of Moses Hamilton (1794-1856) was a daughter of Thomas Phillip Givhan & Frances Molet. She was born December 4, 1802 in South Carolina and died May 5, 1869. She is buried with Moses and other members of their family in the Hamilton Cemetery. You can see a transcription of this cemetery at: http://files.usgwarchives.net/al/lowndes/cemeteries/hamilton.txt File at: http://files.usgwarchives.net/al/lowndes/wills/willbookb/hamilton48nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 6.2 Kb