Lowndes County AlArchives Wills.....Barganier, John February 4, 1860
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Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 September 5, 2005, 7:49 pm

Source: Lowndes County Will Book C, Pages 50-51
Written: February 4, 1860
Recorded: October 30, 1865

In the Name of God, Amen!  I John Barganier, feeling the infirmity of old age 
and knowing the uncertainty of life and the certainty of death, do make this as 
my Last Will and Testament, in the manner and form following, viz.:  I leave my 
soul to God who gave it, and I wish my body to be decently buried, as to the 
distribution of my temporal causes.

In the first place:  I wish my beloved wife, Marcella Elizabeth to have the 
East half of the Southwest quarter of Section twenty-one, township twelve of 
Range Fifteen in the district of land subject to sale at Cahaba.  Said field of 
land she shall hold during her natural life, at her death it is to be sold and 
the proceeds thereof to be equally divided among her own children that she may 
have during her natural life.  I also allow my wife to have my negro woman, 
Rebecca and her offspring, if any, during her natural life at her death the 
said negro Rebecca and her offspring, if any, I allow to be sold and the 
proceeds to be equally divided amongst all my children, also I leave to my wife 
one horse, saddle & bridle.  She is to have her choice of all my horses. She is 
to have two plows, 4 plow gear, she is to have two featherbeds and furniture, 
two cows and calves, twenty-head of hogs, one cart or small wagon, and whatever 
household or kitchen furniture she may wish to keep.

I allow my two daughters, Martha Ann & Marcella, to have each one bed and 
furniture. The remainder of my real and personal estate to be sold, and equally 
divided amongst all of my children and,
I do constitute and appoint my nephew, John S. Barganier, Executor of this my 
last will and testament.

In witness whereof, I have set my hand and affixed my seal this fourth day of 
February, Eighteen Hundred and Sixty.
                                          John Barganier

Signed, Sealed in presence of us
James G. Wood
Emerly Whittle
Bury C. Barganier

The State of Alabama
Lowndes County

Probate Court of said County.
In the Matter of the Probate of the Will and Testament of John Barganier, Dec'd

Before me, James W. Graham, Judge of the said Court personally appeared in open 
Court, Emerly Whittle and James Wood who having by me first respectively duly 
sworn and examined did, and do depose and say on oath that they are each 
subscribing witnesses to the instrument of writing now shown to them, and which 
purports to be the Last Will and Testament of John Barganier, deceased, late an 
inhabitant of this County, that said Barganier, since deceased, signed and 
executed said instrument on the day the same bears date, and declared the same 
to be his last will and testament and that affiants set their signature 
thereto, on the day the same bears date as subscribing witnesses to the same in 
the presence of the Testator & in the presence of B. C. Barganier, now 
deceased, that said Testator was of sound mind and disposing memory, and in the 
opinion of deponents, fully capable of making his Will at the time the same was 
made aforesaid.

Affiant further states that said Testator was on the day of the said date of 
said Will of the full age of twenty-one years and upwards.

Subscribed and sworn to                          Emerly Whittle
Before me the 30th day of Oct. '65          J. G. Wood
James W. Graham
Judge of Probate

The State of Alabama
Lowndes County

I, James W. Graham, Judge of Probate of said County, certify that the within 
instrument has this day been proved to be the last Will and Testament of John 
Barganier, deceased, and recorded in Will Boo, pages 77-8.
Given under my hand this the 30th day of October, 1865

James W. Graham
Judge of Probate


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