Will of David William Baine, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookc/dwbaine.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 ================================================================================ March 2001 David William Baine was killed in the Civil War at Frazier's Farm, VA He was married to Mary J. Hogue in 1839 in Cherokee Co., AL, so I am told. They had at least three children: Mary E. Baine who married Willis Brewer on Mar. 31, 1869 in Lowndes County; Mildred Lewis Baine, b. Aug. 14, 1853, d. Aug. 8, 1863, buried in the Hayneville Cemetery, Hayneville, Lowndes Co., AL; Thomas Baine who married Anna Lee Gilchrist on Apr. 29, 1884 in Lowndes Co., AL. David was buried in Virginia. His widow, Mary, remarried to John Gillespie Brown on Aug. 1, 1867 in Lowndes Co., AL. Will of David W. Baine Lowndes County, Alabama Will Book C, page 12 The State of Alabama, Lowndes County I, David W. Baine of said County and State, hereby make and publish the following as my Last Will and Testament hereby revoking a former Will made by me. 1. I devise and bequeath unto my wife, Mary J. Baine, all the property which I may own or be entitled to at the time of my death of every description whatever, real, personal, mixed or in action, to have and to hold to her sole and separate use free form the marital rights of any future husband. And I desire the above disposition of my property to stand in full force and effect notwithstanding, I should have a child or children hereafter born of my said wife. I appoint my said wife, Mary J. Baine, Executrix of this will and expressly exempt her from giving bond as such Executrix. In testimony whereof, I have hereunto set my hand this 3rd day of March, 1860. David W. Baine The above was signed and published by said David W. Baine as his Last Will and Testament in our presence on the day of its date and we have subscribed our names hereto in the presence of said Baine and of each other on the same date. J. F. Clements S. P. NeSmith In the matter of the Probate of the Last Will and Testament of Col. David W. Baine in Lowndes Probate Court propounded by his widow, Mrs. Mary J. Bane. Dr. C. B. Lampley, being duly sworn and examined in open Court on oath, says that he is personally acquainted with James F. Clements, Esq., a resident citizen of Lowndes County, Ala., that said Clements of his own personal knowledge is a Volunteer in the Army of the Confederate States of America, that he volunteered sometime during the spring of this year, for three years or the war, and is not Lieutenant of Company I, 45th Ala. Regt. 2nd Brigade of Jones Division of the Army of Mississippi, that on or about the middle of July, 1862, he saw said Clements at Tupelo in the State of Mississippi where he was stationed, that he is intimately acquainted with him and his family and in daily intercourse with them, and said Clements was in said State of (This is the end of page 12; on page 13 is the tail end of the proving of the will of W. Simonton. Don't know what happened to the last part of this will information.)