Will of Josiah Todd, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookb/jtodd.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 tostore this file permanently for free access. This file was contributed and copyrighted by: Carolyn Golowka ==================================================================== April 2002 Will of Josiah Todd Lowndes County, Alabama Will Book B, pages 291-292 The State of Alabama} In the name of God, Amen! Lowndes County } I, Josiah Todd, of the said county and state Do make and declare this my last will and testament in manner and form following (viz.) First – it is my desire that all my funeral expenses and all my just debts shall be paid out of any money that may be in hand or debt due me at my death if that shall be sufficient and if not, the balance to be paid out of the proceeds of the crop then on hand if there shall be a crop on hand, and if not then that there be of my personal property enough sold to pay my just debts. 2nd I desire that my wife, Zilpha Todd, have all the household and kitchen furniture to be her own in fee simple to dispose of as she may think proper including all the beds, bedstead furniture and other furniture in the house and that she have three Negro slaves, namely Annie, a girl aged 22 years, Robin, a Negro man age about 27 years, and Bill, a Negro man aged about 24 years, to be in her possession during her natural life and while she remains a widow, but if she shall marry or died, then the above three Negroes to be divided as the other slaves are divided herein after named. 3rd I desire that all the rest of my slaves shall be divided among the following children if the same can be done to satisfaction and if they cannot be divided equally then to be sold and the money equally divided share and share between Elizabeth Grice, Thomas Todd, Willis Todd, Mary Armer, Nancy Gramblin, Altha Todd, John Todd, Hardy Todd, Lucinda Todd & Malinda Todd being all the children which my wife, Zilpha Todd, has living, and if I shall increase my stock of slaves either by raising or buying or in any other way it is intended that they be taken in the above division. 4th I desire that all my property of every description that is not otherwise provided for herein shall be sold and equally divided among all my children, that is, to my including my children of my first with them of my last wife, reserving to my wife, Zilpha Todd, her dower in the last mentioned division and I do hereby appoint my beloved wife, Zilpha Todd, my executrix to this my last will and testament and do hereby empower her to do and perform all that is herein written. In witness I have hereunto set my hand and affixed my seal this ____ day of ____ one thousand eight hundred and forty two. Signed, Sealed and Published Josiah Todd (seal) & declared as the last will and testament of the testator in presence of us whose names are hereunto subscribed at his request and in his presence and in the presence of each other John Lee (seal) Edward C. Hardy (seal) John A. Edwards (seal) his Littleton X Edwards (seal) Mark The State of Alabama} Personally appeared in open court Lowndes County } John A. Edwards, a subscribing witness To the foregoing instrument purporting to be the last will and testament of Josiah Todd, dec'd, and being duly sworn stated that Josiah Todd in his lifetime voluntarily executed the same in his presence and in the presence of the other subscribing witnesses as his last will and testament, in the year the same bears date; and at the time of signing the same, said Todd was of sound disposing mind and memory, and that he, the said deponent, together with John Lee, Edmond C. Hardy, and Littleton Edwards subscribed their names as witnesses to the same in the presence of testator and at his request and in the presence of each other all at the same time. Sworn to and subscribed in John A. Edwards Open court this 12th day of September AD 1853 E. H. Cook, PJLC A true copy of the original admitted to Probate and recorded in the Probate Court 17th day of September AD 1833 E. H. Cook, PJLC