Will of Joel Adams, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookb/joeladams.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 was contributed by: Michael Hartley ==================================================================== October 1999 Will of Joel Adams - Lowndes Co., AL Lowndes County Will Book B, Pages 156-162 South Carolina ) I, Joel Adams senr of the state and District aforesaid being of perfect mind & Richland District ) memory do make and declare this to be my last Will and Testament. 1st My lawful debts being first paid, I then wish my estate disposed of in manner following viz I give and bequeath unto my son, James and his heirs forever one tract of land between Cedar Creek and Cabin Branch conveyed to me by Tucker - also one-half of the fl (?) tract or tracts purchased by me from the heirs of Walker, say the upper or that part of the land which is nearest to the residence of my son James for all of which I have already made him titles. I give and bequeath unto my son Joel and his heirs forever the tract of land on which he now lives, together with a part of the tract on which I now live, which adjoins the tract on which he also resides. Also another tract adjoining the south side of the tract already mentioned titles for all of which I have already made him I give and bequeath unto the lawful heirs of the body of my son William, or their survivors forever a tract of land purchased by me from John Trice adjoining the tract on which he now lives, also unto the said heirs or heir survivors, the upper part of the tract on which I reside, and which at this time is ocupied by the said William, the quantity of which to be ascertained by a line running across the tract across toward the creek, supposed to be about half way between our residences, at or near where there is at this time a dividing fence, also unto the said heirs or survivors that half of the Walker tract of lands which is the lower half or lies next to the Mills. Also unto the said heirs or survivors, another tract situated on the west side of Cedar Creek adjoining lands of John A. Reese, all of which said lands my son William may ocupy and use if he chooses as long as he lives in his own proper person, but by no other except by Executors for the use and benefit of his children. 2nd After my death as it can conveniently be done I wish my Executors to purchase for my nephews Joel & James Tucker, each a likely negro boy, or to pay each a sum of money equal in value as my Executors think proper 3rd My Will is that the balance of my estate real and personal be kept entirely together during the life and pleasure of my wife under the special care and direction of Executors, and to be managed by them in the same manner as I have always done my wife at the same time being permitted to exercise all the privileges to which she has been accustomed during my life, and out of the net income of my Estate that she be allowed to take annually such part thereof as she and the executors may think proper and necessary for her own use. The balance of said income I wish to be divided annually, or as soon as it comes into the hands of my Executors into six equal parts. One part thereof for my son James and his heirs. One part for my [son] Joel, and his heirs. One part to be retained in the hands of my Executors for the use of the lawful bodily heirs of my son William to be by said Executors managed as shall hereafter be directed. One part for my son Robert and his heirs, and the other two parts to be equally divided between the children of my deceased daughter Sarah Tucker and James son of my deceased son Harry share and share alike 4th During the life of my wife my son Robert is privileged to work his hands on my pantation as he has do heretofore and he is entitled at any time to take away a wagon and four good Mules as his own property, which I consider as already belonging to him. 5th After the death of my wife I give unto my son Robert and the lawful heirs of his body forever the house furniture and land on which my dwelling house stands except so much of the tract as has already been disposed of. also I give unto him over and above what I shall hereafter give him three negro fellows viz George, Solliman and Town Joe, and at the final division of my negroes (if he desires it) I wish him to draw as a part of his portion Jerry and Harriett (child of old Doreas deceased) 6th The balance of my lands I valued at thirty thousand dollars which lands I give and bequeath equally unto my sons James, Joel and Robert, and the lawful heirs of their bodies forever to be divided after the death of my wife by themselves or sooner, if by her consent, in any way they may think proper, and if they wish at any time before the death of my wife, they are hereby authorized to dispose of their interest in said lands to each other, but to no other person unless by the consent of the whole 7th Should I die without making a will my son William would be entitled to one share of my lands, the children of my deceased daughter Sarah Tucker would be entitled to another share, and James son of my deceased son Harry would be entitled to another share also: now in lieu or consideration of these several shares of my lands to which these persons would be entitled, I desire and direct that my sons James, Joel and Robert pay the following sums of money to the persons, and in the manner following viz That they pay to the children of my son William or their survivors the sum of five thousand dollars agreeably to my direction hereafter given, which sum I have estimated as the value of one sixth of my lands; also that they pay over to the children of my deceased daughter and to James the child of my deceased son Harry the sum of Ten thousand dollars being two sixths of the valuation of my lands to be divided equally among them share and share alike, payment to be made as follows viz: each son will pay one third of said sum of Ten thousand dollars in six equal payments, that is in one, two, three, four, five and six years: the first payment not to become due or draw interest, until first of January next after the death of my wife each payment drawing interest as it becomes due. 8th I desire that my Grandson James H Adams (son of my deceased son Harry) may have the use of the plantation on which his negroes live & work at present until he is of age, afterwards said plantation should return to my sons, James, Joel, and Robert, to whom I have already bequeathed my other lands mentioned in the sixth clause of this my will, whatever I have given or may hereafter give to my grandson James H. Adams should he die leaving no lawful heirs of his body alive at the time of his death. I wish to revert to those to whom I shall hereafter leave the balance of my personal estate. 9th I leave it optional with my sons James, Joel and Robert, to take my lands on the terms & conditions set forth in the 6th & 7th clauses of this my Will, or they may require among the whole heirs a general division of the lands on which I have fixed a valuation 10th After the death of my wife or sooner if she wishes it, as soon as my Executors find it convenient I wish the balance of my personal estate to be divided into six equal parts viz One part thereof for my son James and his heirs. One part for my son Joel and his heirs. One part for the children of my son William, an their survivors. One part for my son Robert and his heirs, and the other two parts to be equally divided between the children of my deceased daughter, and James H. the child of my deceased son Harry share and share alike. Dividing such things as can be done without injury or selling such of said balance as cannot be made divided, my Executors may do all such acts themselves, or get others to do for them 11th All the legacies or bequests of property that I have left the children of my son William or their survivors, I desire shall remain in the hands of my Executors as guardians to be managed by them for the benefit of said children. I fully authorize my Executors to buy bargain sell or do any other act with said property as they may think proper and to deliver it to said children their friends or guardians whenever they may think if safe so to do. And my Executors shall not at any time be accountable for interest for any money that from time to time may be in their hands as the property of said children 12th Should any of my heirs die leaving no lawful bodily heirs living at the time of his or her death: the legacy I have left him or her I desire may return to the rest of his or her heirs according to the true meaning and tenor of this Will: and I wish it to be understood that I consider my children, those deceased as well as those living to have been once placed on equal footing as it regards any advances of property both real and personal made them by myself in my lifetime. 13th Whereas on the [blank] day of [blank] I paid to the Sheriff of Richland District the sum of Thirteen hundred dollars or more on account of a Judgment held by Willis Gay against my son Wm W. Adams, also on the sixth day of May Eighteen hundred and twenty nine I purchased from my son William all the negroes then owned by him together with their natural increase valued by him and myself at the sum of Twelve thousand three hundred and seventy five dollars, which negroes by the said William were regularly conveyed to me by deed or bill of sale on the day and date above mentioned. Now the true meaning and intent of said purchase was, that I in consideration of said deed or conveyance assumed to pay all lawful debts then due by the said William, Provided that they did not exceed the valuation of the aforesaid negroes and no further did I bind myself to pay: his debts may not amount to the valuation of said negroes, whatever sum or sums therefore I have paid since the date of the above deed or may have to pay hereafter on account of his then existing debt. I do hereby desire and direct that all such sums together with the sum paid on said Gays Judgment shall draw a lawful interest, from the time the several payments were made until there is a final division of my estate and that the amount whenever correctly ascertained shall on the final division of my estate be deducted from that portion of my estate which I intend for the children of my son William or their survivors viz the children of my son William or their survivors shall receive or draw a sum that much less of their share or proportion on said final division as shall be made up by principal and interest of the sums already mentioned, and first I wish this deduction to be made from the valuation of my lands: and if the sum to be deducted shall exceed his childrens share of my lands, then and in that case the excess of said sum I wish deducted from their share of my personal estate. Furthermore I wish it understood that I give unto the children of my son William or their survivors the whole of the negroes and their natural increase mentioned in the above deed with this express condition. I wish said William to keep and use said negroes for the benefit of himself and family during his life, provided he manages them prudently, but if otherwise I give my Executors power (if they choose to exercise it) to act with this property in the same manner pointed out in the 11th Clause of this my Will. and be it also understood that I intend this gift to said Williams children or their survivors over and above the provisions made for them in the preceding clauses. after the proper deduction is made for the debts which I have paid and assumed to pay as already mentioned in the above clause, should my son William die leaving a widow I authorize my Executors to allow her, what in their opinion would be a reasonable support out of the income of the property contained in this clause during her Widowhood, and no longer. Lastly I do hereby nominate and appoint my sons James, Joel, and Robert Executors to this my last Will and Testament. Given under my hand and seal this thirtieth day of October, One thousand eighteen hundred and twenty nine (signed) Joel Adams Ls Executed in presence of us ) John M. Morgan ) Edmund S Garner ) W J Goodwyn ) James C Bates ) The State of South Carolina ) I James S. Gingnard, Ordinary of Richmond District do hereby certify Richland District ) that the writing contained on the annexed one sheet of paper and continued on the back of this part of a sheet of paper is a correct copy taken from the original Will of Joel Adams senr deceased now of Record in my office. In Testimony whereof I have hereunto set my hand and seal of office at Columbia this 27th day of February Anno Domini 1845 James S (seal) Gingnard Ordinary The foregoing Instrument was Recd and Registered in my office this 31st March AD 1845, and is a true copy of the Original. MB Semikle Clerk By W. A. Rice DC