Will of David Lee, Sr., Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookc/dleesr.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: Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 ================================================================================ October 1999 Will of David Lee, Sr. Lowndes County, Alabama Will Book C, pages 229 - 231 David Lee, Sr. was a Baptist minister in the Mount Willing area. He was apparently well respected leader. His name is found on numerous marriage records in Lowndes Co. David was from Johnston Co., NC and was married to Mary Ellen Coleman, also from NC. The children David mentions in this will were Martha Jane who married Nelson Plumb, Richard Henry who married Mary Ellen Reid, Mary Eliza who married first John F. Floyd and second Cyrus A. Gunn, Susan M. who married Cary C. Lloyd, and David, Jr. who married Nancy Ellen Reid. The 1850 US Census, Lowndes Co., AL, page 150 B, shows David with his wife, Mary, and all of the children named in this will plus Media, female, age 17, Joel R., male, age 13, and Caroline C., female, age 10. Marriage records show a Medeaum A. Lee married Caleb N. M. Walton on Oct. 13, 1859. No marriage records are shown for Joel R. or Caroline C. It is not known what happened to Media, Joel R. or Caroline. David is said to be buried in the Lee Cemetery, Lowndes Co., AL Last Will and Testament of David Lee, Sr. Know all men by these present that I, David Lee, Sr., of Mount Willing, of the county of Lowndes and the State of Alabama, being in failing health but of sound mind, do make and publish this my last Will and Testament, hereby revoking all former wills for me at anytime heretofore made. As to my worldly Estate, of all the real, personal and mixed property of which I shall die seized or possessed or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following, to-wit: First: My will is that all of my just debts and funeral expenses shall, by my Executor hereafter named, be paid out of my Estate, as soon after my decease as convenient. Second: In the event my beloved wife, Mary E. Lee, outlives me, I give to her the have and to hold during her natural life all my property, real and personal together with all the appurtenances, rents, profits, and income thereunto belonging to be used for her maintenance and support so long as she will live. Third: I further will and devise upon the occurrence of the death of my said wife, Mary E. Lee, that all my Estate, real, personal and mixed, of which I shall died seized or possessed about which I may be entitled at my decease, shall be divided into six (6) equal shares of which I will and direct my son, David Lee, Jr. receive or share (1/6th) and that my daughter, Mary E. Gun, wife of C. A. Gun, received one share or one-sixth, and the remainder 4 sixth be equally divided share and share alike between my grandchildren: the child of M. J. Plumb, R. H. Lee, M. E. Ausley, and S. M. Loyd, then surviving. Fourth: I further will and direct my Executor hereafter named, to sell at public outcry to the highest bidder, after giving due notice of term, time and place of sale, my real estate, or 12 months time, with interest from date secondly notes with approval security, and bury on the land sold state - to take place as soon after the death of my said wife as can be effected. I further will and direct that my personal property be sold for each at the same time of land. Fifth: I hereby relieve whose my Executor, hereafter named, from the necessity of obtaining an Order from Court to sell the property embraced in Item Fourth, and invest him with full power and authority to make said sale and convey by proper deed, all rights, title and interest now in --- to me in and to said property to the purchaser thereof. Sixth: I hereby nominate and appoint my trusted friend, A. F. Childers, now residing at Fort Deposit, Lowndes County, Alabama, to be the Executor of this my last Will and Testament. In testimony whereof, I, the said David Lee, Sr., have to this my last will and Testament subscribed my name and affixed my seal this 27th day of August, A. D. 1885. David Lee, Sr. (seal) Signed, sealed, and declared by the said David Lee, Sr., as my last will and Testament in the presence of us who at his request, and in his presence, and in the presence of each other have subscribed our name as witnesses thereto. G. W. Coker Sydney Walker State of Alabama, Lowndes County In Probate Court Before me, A. E. Caffey, Judge of said Court, came George W. Coker who, having been by me first duly sworn, deposes and says that he is one of the subscribing witnesses to the instrument of writing now shown to him supposing to be the last will and testament of David Lee, Sr., late an inhabitant of this county, that said Lee, still 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 on the same day affixed and set his signature as subscribing witness to the same in the presence of said testator and of the other subscribing witness; that the other subscribing witness also set his signature thereto in the presence of each other. That said testator was of sound mind and disposing memory, and in the opinion of affiant fully capable of making his Will at the time the same was so made as aforesaid, and that same testator was at said date over twenty-one years of age. George W. Coker Subscribed and sworn to Before me this 7th day of July, 1887 A. E. Caffey, Judge of Probate State of Alabama, Lowndes County I, A. E. Caffey, Judge of Probate of said County, do hereby certify that the within instrument of writing has been this day in said Court and before me a Judge thereof, being duly sworn by the proper testimony to be the genuine last will of David Lee, Sr. and the said will together with the proof thereof has been proved so in my office of Book of Wills C, on pages 293 and 294. In witness whereof , I have hereunto set my hand and seal this the 7thd day of July, 1887. A. E. Caffey Judge of Probate