Lowndes County AlArchives Wills.....Garrett, Charity Brooks February 10, 1869 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 July 22, 2005, 3:53 pm Source: Lowndes County Will Book C, Pages 126-127 Written: February 10, 1869 Recorded: October 11, 1872 The State of Alabama, Lowndes County - I, Charity Garrett, widow, make and ordain this my last will and testament, revoking all others. Item. I direct the speedy payment of all my debts, charging first my personal Estate, if used, or my real estate with the payment of the same. Item. I dispose of my goods and furniture as follows: To Martha Ellen, my daughter, all the furniture in her room, her clothes chest, her silver spoons, all the bed clothes made by her and called hers, all the parlor furniture, and one bed mattress and pillows, bedstead which have always been called hers, and which have been kept at the plantation; and if the said Martha Ellen shall die without having issue, then, the above furniture to belong to Susan, called Kate Nutting. To Annis Nafttell (Mrs. Charles Nafftell) the bed and furniture now in my house which has always called her mother's and all other things in the house or in my possession that was called her mother's. To Susan, called Kate Nutting, the bedstead, bed and furniture and all bed clothes that are called hers; also her wardrobe, two clothes chests called mine and the lage and small silver spoons called mine. To Joseph and Edward Nutting, each the bedstead, bed mattress, pillows and bed clothes which I have set apart for them severally. My children and grandchildren can designate the lots namely disposed of above and I trust no misunderstanding will spring up between them. My household and kitchen furniture not otherwise disposed of and not including my furniture, beds, bedding that are in the Hotel and kept for that purpose expressly and not including things on the plantation. This clause I give to Martha Ellen, and if she dies without living issue, then to Kate Nutting. Item. To provide for my afflicted daughter, Martha Ellen, I devise and bequeath to her for life the four houses and the lots. They are in Hayneville, being the Hotel, the house I at present live in, the house known as the J. B. Stone office, and the storehouse near the stable now in the possession of William Lloyd and the Hotel furniture, and at her death the said property to be sold or rented as may be most advisable, and the proceeds or products to be equally divided between all my grandchildren, excluding from the provision for the children of William Garrett. My grandchild, Kate Nutting, to live with Martha Ellen during the life of the latter, if she chooses to do so, and to have suitable support and maintenance out of said provision made for the certain maintenance of said Martha Ellen. Item. should the said Kate Nutting die before the death of Martha Ellen, and should she have no living issue, then the property above bequeathed over to Kate Nutting on the death of Martha Ellen without living issue, to be absolutely the property of Martha Ellen subject to her disposal and to descend from her in case of her death without a will. Item. All the property above disposed of by final and absolute devises and bequests without express limitation over is charged with the following provisions: that if any of said devises or legate die before said interest...attach..in possession under this will, leaving living descendants, these descendants are to take as by succession and inheritance the shares in severally to which their several antecedents....would have been entitled to under this will, if living. Item. My plantation on the Mount Willing road, known as the Garrett place, together with the personal property and furniture there not otherwise disposed of above, I devise to Caswell Garrett, son of William J. Garrett, and if died without living issue, then to Mary Wash Garrett, his sister, and if she die without living issue, then to Lucinda Cheek Garrett and Annis Zelpha Garrett, children of Anderson J. Garrett, but William J. Garrett is to have possession of said plantation and personal property there as long as he lives, free of rent; but if he, the said William J. Garrett, attempts to change said lands or a life Estate in them, or ia any of his creditors seek to do so, then his interest in the same shall forthwith cease and the same provision is made as to the personal property there. But, this conditional charge is also imposed on the devisee. If by fire or other disaster or change of times the certain maintenance of my afflicted daughter, Martha Ellen, should be reduced below an adequate support for her and for Kate, if she remains with her, then to the extent of such deficiency so caused, I charge her certain maintenance for life on said plantation. I appoint William J. Garrett to be Executor of this my last will. Signed, sealed, and declared to be my last will and testament on the 10th day of February, 1869, in the presence of G. W. Stone and William C. Griffin whom I have requested to bear witness to the same and who have signed the same as witnesses in my presence and in the presence of each other. Charity Garrett (LS), X her mark Witness: G. W. Stone W. C. Griffin Codicil The clause in the foregoing will, by which I dispose of four houses in Hayneville and the Hotel furniture at the death of Martha Ellen Garrett to my grandchildren, except the children of W. J. Garrett I now change to this extent. I exclude from such bequest and from all share, and participation in my Estate my granddaughter Mary Ellen Pepperman and disinherit her as to the property above bequeathed over to Kate Nutting on the death of Martha Ellen without leaving issue. I make this change should both the said Martha Ellen and Kate Nutting died without leaving issue, then that part of the property is to go to Annis Naftel if living and if dead, to her children. Signed, sealed and declared to be a Codicil to my last will on the 23rd day of March, 1869, in the presence of George W. Stone and W. C. Griffin, whom I have requested to bear witness to the same, and who signed as witnesses in my presence and in the presence of each other. Charity Garrett (LS.), X her mark Witness: Geo W. Stone W. C. Griffin Before me, J. V. McDuffie, Judge of the Probate Court, in and for the county of Lowndes and state of Alabama, in open Court, came Geo. W. Stone and W. C. Griffin who having been by me duly sworn and examined did and do depose and say on oath, that they are subscribing witnesses to the writing now shown to them, and which purports to be the last will and Codicil thereto of Charity Garrett, dec'd, late and inhabitant of this County, that said Charity Garrett, since deceased, in her life time and on the day the same bears date, signed and executed said instrument both last will and testament and Codicil thereto, and declared at the time the same to be her last will and testament and Codicil thereto, and that affiants set their signature thereto on the day the same bears date as subscribing witnesses to the same in the presence of said testatrix and in the presence of each other, that said testatrix was of sound mind and disposing memory. Affiants further state that said testatrix was the day of the date of signing of said will and Codicil, thereto, of the full age of twenty-one years and upwards, and knew the contents of said instrument before signing the same. Sworn to and subscribed Geo. W. Stone October 11th, 1872 W. C. Griffin J. V. McDuffie Judge of Probate Additional Comments: Charity Garrett was the widow of Caswell Garrett. They married in Jones County, GA on May 18, 1819. Their known children are: Amanda F. Garrett, married Joseph S. Nutting Andrew Jefferson Garrett, married Eliza Garrett, daughter of James H. & Zilpha Cheeks Garrett Mary Susan Garrett, married Nathanial Bozeman William J. Garrett, married Nancy Annetta Woodruff Washington Garrett Martha Ellen Garrett Thomas Garrett File at: http://files.usgwarchives.net/al/lowndes/wills/willbookc/garrett100gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 8.5 Kb