Will of Hugh McCall, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookb/hmaull.txt ==================================================================== USGENWEB PROJECT NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Carolyn Golowka ==================================================================== August 2000 Will of Hugh McCall Lowndes County, Alabama Will Book B, pages 68-70 This will was very hard to read. It was copied from the original will book which is in very fragile condition. The State of Alabama, Lowndes County This the last will and testament of __ Hugh McCall of the County and State afoward ___ ___ that it is my will and desire that after my death my boddy shall be decently buried in the manner my executors may deem best and as to my property it is my will and desire the same shall be disposed of in manner following, to wit: First: I give and bequeath to my wife Mary McCall in trust as hereinafter expressed for my beloved and only daughter Ellinder McCall and the lawful heirs of her body begotten my slave Martha and her future increase to be valued and the amount to be deducted from___ show an the final settlement distribution. Secondly: I give an bequeath to my wife Mary McCall in trust as hereinafter expressed for the said Mary and my beloved children, to wit: Eli Robinson McCall, William Turner McCall, Franklin McCall, Robert McCall and their heirs forever in fee simple and my only daughter Ellinder McCall and the lawful heirs of her body begotten, the following property, to wit: my slaves named Tom, Zam, Juba, Rig, Jim, Peggy, Winny, Mary, Dick, Maria and her child George, Lewis, Albert, Mack, Hartwell, Eliza, Lissey, Crip, Phill, Rill, and little Jim with their future increase. Also all my lands in the Counties of Lowndes and Barbour (hard to read, may be a different county) and the undivided half of lands _____ by my self and Edmund Harrison in the Creek Nation said lands were ____ at the land office in Montgomery, Ala together with all and singular the hun_____ and appartanances thereunto belonging or in anywise appertaining and finally all the rest, residue and remainder of all my estate and affects real and personal what so ever and when so ever not here before effectfully disposed of after paying my Just debts and funeral expenses and other charges and deducting to be divided between my said wife, Mary, and my several children before named, to wit: Eli R., William, T., Franklin, Robert, and Ellinder as hereinafter expressed. It is my will and desire that the above property which I have given in trust to my wife Mary McCall shall be held by her upon the following trusts and sisuvatianez (?) to wit: The whole of my estate, both real and personal, shall be kept together at her discretion and disposal during the natural life or during the time she remains my widow and managed as to her may seem best for the benefit of the whole whether it is by sale or otherwise for which purpose I do by these present give to my wife Mary McCall turstee as aforesaid full p____ and authority to grant bargain sell assign and convey this whole or any part or parcel thereof ____ real or personal at her discretion, Martha and her increase always excepted and g_____ and sufficient ____ in the law to make to any person or persons and to their heirs forever in fee simple. It is my will and desire that whenever my sons have married or any of them shall marry or attain the age of one and Twenty years then and ____ such case my wife, Mary McCall, at her discretion let each and every of them so marrying or attaining the age of one and twenty years have at a fun Valuation or their great share within in whole or in part and in real or personal estate or both as to his may seem best. It is my will and desire when my daughter before named shall marry or attain the age of one and twenty years she shall take the slave Martha into her possession ________ in trust only during her time which she is to have extra and above her equal share to be at the discretion of my said wife, Mary, as in the case of sums to be at a fair Valuation either in whole or part and in real or personal estate or in both as to her may seem best. It is my will and desire that my mother, Nelly McCall, so long as she chooses to continue and remain with my said wife, she is to be supported from and out of my estate but should she prefer living at any other place she shall be paid out of my estate the sum of sixty dollars annually during her natural life. It is my will and desire and I do hereby ____ that the eighty acres of land in Barbour (hard to read) County on which Alexander D. McRae now lives shall upon condition that he pays within one year after my decease a Promissory note made payable to John A. McRae or bearer same time in the year eighteen hundred and thirty five for the sum of one hundred dollars and the further sum of two hundred and eighty dollars with interest from or about the first of February, Eighteen hundred and thirty six which said he is to pay me for said land be granted bargained sold and conveyed to the said McRae and his heirs forever. It is my will and desire for the further education of my several children before named. I give and dispose of the trust and custody of them and every of them unto my wife Mary McCall for such times as they ore any of them respectively continue unmarried and under the age of one and twenty years and my said wife remains my widow but if my said wife shall die or remarry during the single life and marriage of any of my children, then I grant the custody and trust of such of my children so being unmarried and under the age of one and twenty years at the marriage or death of my wife, Mary McCall, as is herein after expressed. It is my will and desire if my wife Mary McCall shall marry as when she does that this my estate shall be divided agreeable to the provisions and exceptions before named and stated. If my said wife marries it shall be equally divided to __ my said wife and my several children before named share and share alike always having regard to the provisions and disposals before made and stated. It is further my will and desire and intent and meaning that the property of what ______ it may be that my said wife and my several sons before shall receive under the provisions of this will shall given to each and ever of them and their heirs forever in fee simple and all the property my daughter before named shall receive under the provisions of this will shall be had and held by her in trust for her use and benefit during her lifetime and after her death to the lawful heirs of her body then having in fee simple and in default thereof to ____ tomy heirs at law. It is my will and desire that if my said wife die or marry and any of my before named children continue unmarried and under the age of one and twenty years that the orphans court shall appoint a guardian or guardians to take charge of the persons and property as in case of other intestate and for all purposes wherein the __________ of a ____may be necessary to carry into effect the provisions of this will. I hereby appoint with full ___ for such purposes my wife Mary McCall to act as the interest of my several children before named and circumstances may require and in the event of her failure to act, I authorize a court of chancery to appoint a trustee or trustees in her place and it is my will that no act of the said trustees or any other person shall at any time or in any manner destroy the said trust but that the same shall stand and remain as a prime simple trust for the purposes herein contained my sill is and I do hereby expressly desire that my executrix hereinafter named shall not be required to give security to any court or courts for this will and shall not be charged or chargeable with or accountable for man (?) of the aforesaid monies and estates than she shall actually received or com to her hands by virtue of this my will or with or for any loss that she shall happen of the said monies or estate or of any part thereof so as such loss happen without her willful default and neglect and also that my said executrix shall have the right out of any monies that shall come or may be in her hands to deduct and reimburse herself for all such loss cost charges and expenses a she shall sustain expend as be put unto for or by reason of the performances of this will or the management or execution thereof. And I do hereby constitute and appoint my wife Mary McCall sole executrix of this my last will and testament and hereby utterly revoke and disannull all and every former will by me in any wise before this time made. In witness whereof I have hereunto set my hand and affixed my seal this the twenty ninth day of September in the year of our Lord one thousand eight hundred and thirty eight. Hugh McCall Signed, sealed, published and declared _________ said Hugh McCall as and for his last will and testament in presence of us who have hereto subscribed __________ as ____________ in presence of the testator and in presence of each other Need Forester John McCall, Jr.