Will of John McQueen, Jr., Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookb/jmcqueenjr.txt ================================================================================ USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Rae V. Calvert ================================================================================ August 2002 Will of John McQueen, Jr. Lowndes County, Alabama Will Book B, pages 391 - 394 "In the name of God,Amen -- I, John McQueen of the County of [Lowndes], Alabama, being in feeble health and sound and disposing mind and memory, calling to mind the frailty and uncertainty of human life and being desirous of settling my worldly affairs and directing how the estates with which it has pleased God to bestow upon me shall be disposed of after my decease, do make and publish this my last will and testament and first I consign my immortal being to Him who gave it and my body to be decently buried by my executors herein named -- and as to my property, real, personal and mixed of which I shall die seized and possessed and to which I shall be entitled at the time of my death, I devise, bequeath and dispose thereof in manner following -- to-wit -- First -- My will is that all my just debts and funeral expenses shall be paid by my executor hereinafter named as soon after my death as by them may be found convenient. Item 2nd -- It is my will and bequest that my beloved wife, Mary A. McQueen and my beloved children who have not already received the same from me shall each have and receive one bed and furniture out of my household goods. Item 3 -- It is my will and bequest that the following Slaves who came to me by the beloved deceased mother of my children -- to-wit -- Harriet, Carzet, Lou, Kitt, Edmund, Dafeny, Henry, Charles, Tori, Alsy -- shall be equally divided share and share alike between all my beloved children, to be theirs with their increase forever. Item 4 -- I will and bequeath to my beloved wife, Mary A. McQueen, forever the little negro named and called Rosella and her increase forever. Item 5th -- And as to my real estate, it is my will and devise that my Executors shall sell and convey my entire tract of land and all lands of which I shall die seized and possessed situated in said Lowndes County or elsewhere either at public or private sale as they may think best in such manner and upon such terms for money as they may decide most advisable for the benefit of the legal [heirs of my estate? - illegible] Item 6 - The legacies bequeathed and devised to my beloved wife, Mary, in all this my last will [&] testament are to be in lieu of all claims of dower on her part and also in full satisfaction of any and every marriage contract which she may hold against me or my estate and if not so received, said legacies to her are to be invalid. Item 7 - And as my daughter, Elizabeth Coleman, has heretofore received by way of advancement one mare, saddle and bridle which I value at ninety, twenty dollars in cash, and two slaves namely Bill and Pliny; and as my daughter Mary F. Smith, has received heretofore also by way of advancement the sum of one thousand dollars in cash and negroes to wit -- Hal, Rachel, Ciely and child, Harriet; therefore, the legacies in this will to them respectively are to be null and void unless they severally bring into hotchpot their said advancements to be estimated and adjusted in the divisions according to the statute of distributions in this state -- so as to make the legacies equal, but this item is not to be construed to prevent one from taking if the others refuse -- but each one shall retain what she has as part of her legacy to be added to so as to make them equal with the others -- Item 8 -- Subject to items six and seven foregoing it is my will and bequest that all the rest and residue of my Slaves shall be equally divided between my said wife, Mary A., and each and all of my children share and share alike. Item 9 -- It is my will and desire that all the rest and residue of my personal and perishable property and estate except money due shall be sold by my executors in such manner as they may think best for all parties. Item 10 -- It is my will and bequest that my son, John P. McQueen, receive of my executors the sum of eight hundred dollars in cash to be paid him for his support and education and also my daughter, Rebecca, shall receive the sum of five hundred in cash for her support and education to be appropriated by my executors in [sale proceeds?] which shall be in addition to their other legacies received. Item 11 -- Subject to items six and seven foregoing, it is my will and bequest that all the proceeds of the sales of my real and personal estates and perishable property above mentioned together with all my monies on hand after the payment of all expenses in settling the estate shall be equally divided between my wife and children, share and share alike forever. Item 12 -- I do nominate and appoint my beloved James D. McQueen and relative George W. McQueen to be the executors of this my last will and testament. I, as witness whereof, have hereunto set my hand and seal this 5th day of March 1859. John McQueen, Jr. [Underlining added to names] The above instrument of one sheet was at the date thereof declared to us by the testator John McQueen to be his last will and testament and he acknowledged to each of us that he had subscribed the same and at his request sign our names hereto as attesting witnesses. A. F. Williamson J. S. Nall The State of Alabama } Lowndes County } Personally came before Edward H. Cook, Judge of Probate Court for Lowndes County, John P. Nall and A. F. Williamson, who now are subscribed as witnesses to the last will and testament of John McQueen Jr., and duly sworn, depose and say as follows: That they were present together at the time the paper writing bears date and that the said John McQueen Jr., then and there acknowledged the paper writing to be his last will and testament, that he had signed the same as his last will and testament, and that they then and there on the date the said paper writing bears date signed the said paper writing in the presence of the said John McQueen, Jr., and in the presence each of the other as the last will and testament of the said John McQueen, Jr. on the date subscribed - signed on the 13th day of July 1859. J. S. Nall A. F. Williamson