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This file was contributed and copyrighted by: Carolyn Golowka ==================================================================== December 2002 Will of Lucy Hunley Lowndes County, Alabama Will book B, pages 366 – 269 The State of Alabama Lowndes County I, Lucy Hunley, of the county and state aforesaid, being of sound and disposing mind do make this my last will and testament. The property I now dispose of is the same given by myself to my daughter, Arabella McDonald, by deed. This is not an attempt to interfere with said gift but is is done to carry out the same and to carry out the desires of my said daughter as to the disposition of said property; should I outlive her as some legal question may arise as to the right of my said daughter to have or dispose of said property, should I out live her. This will is made disposing of said property the same as my daughter has disposed of it by her last will and testament. There may be no litigation about it. I 1. I desire that all my just debts be paid by my executor. I 2. In addition to the slaves heretofore given to my granddaughter, Eliza A. C. Martin, I give and bequeath to here as a specific legacy, Epsey, a Negro girl about eighteen years old and her future increase. This slave and the property, money and slaves bequeathed her in Sections four, five and six of this will to be held for her sole separate use, her husband to act as her trustee. Said Eliza A. C. Martin to have the power to dispose of said Negro girl and the property, money and slaves bequeathed her in Sections four, five and six by her last will and testament, the same as though she was a ____ sole. Should she die without disposing of the same by will, then said Negro girl, Epsey and her increase, and the property, money and slaves bequeathed her in Sections four, five and six of this will, shall be equally divided among the children of said Eliza A. C. Martin, living at the time of her death and her grandchildren, should any child of her bave died leaving a child or children. Such child or children to take the part of his , her or their dec'd parent, and the property here given to my granddaughter, Mrs. Martin. I give to her children to be divided equally amongst them shold I outlive her. I 3. I give and bequeath to my granddaughter, Caroline M. Barnes, Winney, a Negro girl about fifteen years old and her future increase. This slave and the property, money and slaves bequeathed to her in sections four, five and six of this will to be held for her sole and separate use, free from those debts, contracts or control (except as trustee) of any future husband, should she marry again. Said Caroline M. has full power to dispose of all the property given her by this and the succeeding sections of this will, by her last will and testament. Should she fail to do son, then said Negro girl Winney and her increase and the property given her in sections four, five and six shall be divided among the children of said Caroline M. living at the time of her death and her grandchildren should any child of hers have died leaving a child or children, such child or children to take the part of his or her or their deceased parent. The property given to my granddaughter, Caroline M. Barnes, by this will I give and bequeath to her children to be equally divided among them, should they outlive her. I 4. I give and bequeath all my household furniture, which I may own at my death to my granddaughters, Eliza A. C. Martin and Caroline M. Barnes, to be divided equally between them. I 5. I desire that all the land which I may own at the time of my death and all the stock which I may then own be sold and the proceeds equally divided among my granddaughters, Eliza A. C. Martin and Caroline M. Barnes. To my grandson Duncan L. McDonald and the children of my grandson John M. McDonald, dec'd, viz. Eliza, Duncan, Edward, Mary, Ben, Sally and John, said children of my grandson John M. McDonald, dec'd, to receive one fourth of the property, the sale of said land and stock. I desire my grandson Duncan L. McDonald to hold the same as trustee for them, and also to hold as trustee for them the slaves by me given in section six of this will. 1 6. I give and bequeath all the slaves and other property which I may own as at the time of my death and not here before disposed of to my said granddaughters Eliza A. C. Martin and Caroline M. Barnes, my grandson Duncan L. McDonald and the children of my dec'd grandson John McDonald as above, to be divided as follows: my two granddaughters, my grandson, Duncan, each to have one fourth and the children of my grandson, John McDonald, the remaining one fourth. I 7. I here nominate and appoint Duncan L. McDonald my executor to carry out the provisions of this my last will and testament. In witness whereof, I have unto set my hand and seal, this 4th day of September, A.D. 1850. Signed, sealed and published her In our presence and we signed Lucy X Hunley As witnesses in the presence of the testator mark And the presence of each other The words daughter and then in ___ 20th & 21st The State of Alabama Lowndes County Before me, E. H. Cook, Judge of Probate for said County and State, came R. W. Saffold, who being by me first duly sworn and examined, doth depose and testify that he is one of the subscribing witnesses to the foregoing will of Lucy Hunley, that he saw the said Lucy Hunley sign and publish said will as her last will and testament on the 9th day of September 1850, the day of its date, after she was informed of the contents of the same in the presence of affiant and J. M. Boling and M. J. Saffold, all subscribed their names as witnesses to said will in the presence of said Lucy Hunley and of each other on the day the same beras date, and that at the time of signing said will said Lucy Hunley was of sound and disposing mind and memory. Sworn to and subscribed before me R. W. Saffold This 24th September 1857 E. H. Cook, Judge of Probate