Will of Malachi E. Murphy (Murfee), Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookb/memurphy.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 ==================================================================== May 2002 Will of Malachi E. Murphy Lowndes County, Alabama Will Book B, pages 285 - 287 I Malachi E. Murphy, of the state of Alabama and county of Lowndes, aware of the uncertainty of life and the certainty of death, being of a sound and disposing mind and memory and understanding, do make and declare this to be my last will and testament, hereby making null and void all ______ _____ or wills by me heretofore made. My will is: First: that my funeral charges and all just debts shall be paid by my executors herein after named. The residue of my property not required for the payment of my debts and expenses attending the execution of this my last will and the administration of my estate, I give, devise, and dispose of as follows: I give and bequeath to my beloved son, Benjamin T. a Negro girl called Martha about twelve years old, and five dollars to be paid by my executors. To my beloved daughter, Sarah C. I give and bequeath a Negro girl named Ellen age about eight years; and five dollars to be delivered to her by my Executors when she becomes twenty one years of age. To each and every one of the following children (by my first and second wives) viz. Martha c., Hannah L., Malachi E. Junior, Joseph N., Pricilla Ann, and Rebecca L. G. or their legal heirs I give the sum of five dollars to be paid by Executors; said children they having had their portion of the Negro property of my estate. Second: For the love which I have to my children by my present wife, viz. Absolom D., Rebecca F., James E. G., Emily J. F., Laura Y., Nancy C. W., Moses M. E. and their legal heirs, I give and bequeath unto them the following slaves to wit: Amen, a man about fifty, Lavinia, a woman about forty five, Sam, a boy aged nineteen, Mary, a girl of sixteen, Eliza, a girl aged fourteen, Alich, a boy aged seven, and John a boy about five years; also all the land that I possess consisting of my present residence, one hundred and sixty acres, and my former residence (adjoining) containing one hundred and twenty acres. Also, all my stock of houses, mules, cattle, hogs & c[ows] (it being known to my family that a large portion of the cattle now in my possession belongs to my son Absolom D. Also all my household and kitchen furniture, tools, and vehicles, or the proceeds of the sale of said perishable property, (after defraying the expenses before enumerated), all notes, cash, or other ____s I may hold at my death. It is further my will and desire that my beloved companion, Sarah Jane Murphy, keep all of the above specified property and other property bequeathed to my children by her, and the property annix from said property (either by hire or rent or otherwise, as in the judgment of the executors may be best) for the board, tuition, clothing of said children. I desire that she keep the children together until of age, and educate them to the extent of their means, _____ from the resources before mentioned and when each child arrives to the age of twenty one, I will that he or she draw his or her portion of the Negro property, to be applied by competent men appointed by the probate judge; but the _____ property, its proceeds and increase, I desire to be kept together until the youngest child is of age, and then to be equally divided between the children of my present companion before named, provided, however, if the place in which I reside should become unhealthy, I desire that the executors dispose of my land and purchase another place near to a good school and if there be any land accruing from the difference in the sale and purchase of land, I wish it to go into the contingent fund for the education of said minor children before named. And I do nominate and appoint my beloved wife, Sarah Jane Murfee, executrix, together with my son, Dabney P. J. Murfee, and Jno. T. L. Park as executors of this my last will and testament. In testimony where of I, Malachi E. Murfee have hereunto subscribing name and affixed my seal, this the twenty-third day of February AD eighteen hundred and fifty three. Signed, sealed and declared to be M. E Murfee by the said M. E. Murfee his last will and testament, in presence of us who at his request and in his presence have subscribed our names as witnesses hereto in the presence of each other. W. Newman his James W. Mitchell mark J. T. Park The State of Alabama Lowndes County Personally appeared in open court John T. L. Park, a subscribing witness to the foregoing will known to me and being sworn stated that Malachi E. Murphy whose name is signed to the said paper purporting to be his last will subscribed the same as his last will and testament on the day the same bears date. That at the time of signing the same said Murphy was of sound disposing mind and memory. That he, the deponent, together with Wm. Newman and James W. Mitchell attested the same as witnesses thereto in the presence of said Murphy and in the presence of each other on the day and date therein written and at the request of said Murphy. Subscribed and sworn to J. T. L. Park before me this 21st day of May 1853 E. H. Cook, Judge of Probate The foregoing is a true copy of the will admitted to probate and recorded on the 21st day of May, 1853. E. H. Cook, J.C.C.L.C.