Will of Warren Stone, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookb/wstone.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: Jennie Durao ================================================================================ October 2002 The capitalization is as it is was in the will, as is the punctuation and spelling. I tried to copy this as near to the recorded one as possible. When I transferred this from Word Perfect to AOL I lost the underlining. Per Stripes and per Capita were underlined in the second paragraph. In paragraph 5 the word Trust (in relation to Martha G. Hamilton) was underlined as well as per Stripes in the sentence before. As you can see by his will, Warren did not like his son-in-law John M. Hamilton and made no bones about it. I always thought that it was strange that Martha Glynn buried John just one gravespace over from her father, Warren. Even though there is not a stone in the cemetery for Martha I have always felt that she is buried between the two of them. There is no stone in any cemetery in Lowndes County for her and I see no reason why she would not have been buried in the family cemetery. She died in 1893 and I have been in contact with a descendant and she asked me if Martha was buried in the Stone cemetery.....so the family also does not know where she is buried. WILL OF WARREN STONE Lowndes County, Alabama Will Book B, pages 219 - 222 In the name of God Amen: I, Warren Stone, of the County of Lowndes, Alabama, being of sound mind and disposing memory, blessed be God, but calling to mind the uncertainty of life, and the certainty of death, do make, ordain, publish and declare this my last Will and Testament, (revoking all other heretofore made) in manner following, that is to say. Item first, I give and bequeath to my wife Silvey, the land on which I now live, for and during her life, known as the North East quarter of section thirty five in Township Sixteen, Range fifteen, in said county and a part of the East of the south east quarter of the same section, to be divided by a line commencing on the North side and to run as the laine (sic) formerly ran past the Gin house to the first cross fence, thence westwardly along the cross fence, to the west line, and she to have all east and south of these lines thus to be run. I also give her, for her life, the slaves, Negro man named Bradley, a boy Bill, and boy William, woman Edy, girl called little Amy, one Wagon and Gear, one Barouche and Harness, and three choice horses, One Bed, bedstead, bed clothes belonging to the bed, and two counterpins, four cows and Calves, ten choice Hogs, three choice sows and Pigs, six sheep, one Press, one Desk of Drawers, two large looking Glasses, one small one, one clock, all the crockery and Glass ware on hand, six ploughs left to her choice, the Kitchen furniture, as much as she needs, one folding table, One plain table, one dozen choice chairs, one chest, two trunks, Geese, Ducks & Poultry, and a support of wheat, corn and fodder for one year, and one safe. The above named property to hold during her life only, and at her death, all the said slaves and other personal property, to be sold and the proceeds, to be equally divided among any heirs, per Stripes, and not per Capita. I, also give to my said wife, absolutely and in fee, the property I received by her, vis: Negro Woman Hannah, two large beds and one small Bed and chest and table, two large bed steads, one small bedstead, bed clothes, and andirons all common to as she pleases with. 2nd. I give and bequeath, that all the property which I have heretofore given to my children, shall be retained by them in the manner in which it was given, and shall not be brought into Hotch Pot, nor shall any account be taken thereof. 3rd. Whereas by deed bearing date the 22nd day of March A. D. 1848, I have given and conveyed to Barton W. Stone and Warren T. Stone certain negroes, in Trust, now herein this item named, to wit, in Trust, to give and deliver for their use and benefit. To the heirs of Mary M. Nicholson, Negro man Daniel, and Woman Agnis, to be equally divided between them. To Catherine J. Sherrill, woman Parilee, Girl Mahaley, Boy Amos, and youngest child Loyd. To Kiziah J. Meriwether man Albert and his wife Ellen and child Milley. To Absolum B. Stone, Negro man Eli, and Woman Linda. To Robert W. Russell and John Russell, sons of Louisa M. Russell, negro boy Lewis, woman Hasty, and her three children, Nelson, Mary and General, to be equally divided among them. To John H. Stone, Negro man Ligo, and woman Minerva, and child Ingdy. To Elizabeth A. Frith, to have and to hold during her life, negro man Jim and his wife Peggy and boy John. At her death, to return, and to be divided among my lawful heirs, per Stripes.To Barton W. Stone, to hold in Trust for Martha G. Hamilton, to her sale and separate use, during her life, free from the debts and control of her husband, Negro man Dick, woman Amy, and girl Clary. And after her death to be equally divided among her heirs. To Barton W. Stone to hold in fee, discharged of all trusts after my death, negro man George and his wife Rener, and man big George. AndTo Warren T. Stone, to hold in fee, discharged of all trusts, after my death, Negro man Jack and boy Jacob. Now I wish and direct, the property delivered and held and trusts executed, according to the terms of the said deed and if any of the said slaves in this deed mentioned should die, or by reason of sickness, disease or casualty should become of no value, or be very greatly reduced in value during my life, then I direct that the same to be made good to those whose use it is given, by said deed out of the part of my estate not specifically bequeathed. Item 4th. I give and bequeath to my son Warren T. Stone the West part of the south east quarter of section thirty five, Township sixteen, Range fifteen for the line designated in the first item. And after the death of my said wife, I give him the land mentioned as given to my wife, during her life, that is subject to the bequest before given to my wife, I give to him Warren T. Stone, the North east quarter and southeast quarter of Section thirty five, Township sixteen, Range fifteen. Item 5th. I will and direct my Executors to sell my tract of land known as the Miles tract, containing two and a half quarters, and the proceeds to be divided into eight equal parts, and one part given to Catherine J. Sherrill and Kiziah J. Meriwether. One to Barton W. Stone, one to Absolum B. Stone, one to John H. Stone, one to Warren T. Stone, one to the heirs of Mary M. Nicholson and one to the heirs of Louisa M. Russell, to be equally divided. Item 6th. All the property, now given, or heretofore given to, or for Martha G. Hamilton, is to her sale and separate use, during her life, and after her death, to the heirs of her body, not to be liable for debts of her husband, and to be equally divided among such heirs, and in the same manner, I have given a tract of land in Coosa County, known as the Deshazer tract to Barton W. Stone in trust, for said Martha G. To her separate use for life, remainder to the heirs of her body, which land I wish her to have and hold accordingly. Item 7th. I will and direct, that all of the property and money and assets of which I may die possessed, or entitled to or which belong to me, not herein before bequeathed as intended so to be, consisting of slaves, horses, cattle, produce, utensils, furniture, and all personal property to be sold after the crop may then be growing, shall have been gathered and secured, and out of the proceeds to pay my said wife, one hundred dollars and Catherine J. Sherrill, one hundred dollars, and the residue after paying all my debts, and all expenses, shall be divided into ten equal parts, of which one part shall go to the heirs of each of my children who have died before me, except for the share, which may be allotted to the heirs of Louisa M. Russell, Robert W. And John H. Russell, one hundred and fifty dollars shall be deducted, and paid over to Absolum B. Stone, to increase his share. Item 8th. Should any of my children, or Grand children mentioned above as legatees die before me, the legacy given to such, shall not lapse, but shall go and be divided among the heirs of such child, or Grand child. Item 9th. Whenever the word increase is this Will occurs has been erased. Lastly I constitute and appoint Barton W. Stone, Absolum B. Stone, and Warren T. Stone, my lawful Executors, to carry into effect, this my last Will and testament. In witness, Whereof, I have hereunto set my hand and seal this twenty second of March in the year A.D. One Thousand eight hundred and forty eight. Signed sealed and delivered. Warren Stone In the presence of Witness: P. T. Graves Josiah Haigler James T. Andrew.