Will of George M. Cook, Lowndes, Alabama

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February 2002


Will of George M. Cook
Lowndes County, Alabama
Will Book C, page 5

State of Alabama   }     I, George M. Cook of the County of Lowndes and State 
Butler County      }     aforesaid, do make this my Last Will and Testament

Item 1st:  The Negro boy Jess heretofore belonging to the Estate of my deceased 
wife, Emma, I have already returned to my father-in-law, Thomas E. Herbert, and 
it is my will that he shall remain and be considered his property and my 
Executors shall set up on claim to him.

Item 2nd:  The negro woman, Frances (also heretofore my wife's property) and her 
child, Willie, and any future increase, shall also go and belong to my father-
in-law, Thomas E. Herbert.

Item 3rd:  I will to my nephew, George M. Cook, son of N. B. Cook, One thousand 
Dollars to assist in completing his education to be spent in sending him to a 
Military school and I hereby appoint his father as Trustee for the purpose of 
carrying out this particular trust.

Item 4th:  I will that my nephew, Henry Cook, son of N. B. Cook, my watch.

Item 5th:  I will to my sister-in-law, Octavia Herbert, daughter of Thomas E. 
Herbert, One thousand Dollars to be paid to her when she reaches the age of 
twenty-one years, unless she shall marry before that time, and in that case, it 
shall be paid over to her on her marriage.  I appoint my brother-in-law, H. A. 
Herbert, as trustee, to receive this property, which is to go to her at my 
death, and to manage it for yer and pay it over as directed above.

Item 6th:  I will that after the payment of my just debts and the specific 
legacies hereinbefore given, that the residue of my property shall be 
distributed according to the las, as if I had died intestate as to said residue.

I hereby appoint William A. Thomas and N. B. Cook, my brother-in law and 
brother, Executors of this my Last Will and Testament.

In testimony whereof, I have hereunto affixed my hand and seal this the 22nd day 
of April, 1861.

Attest:                                                                    George M. Cook (L.S.)
James L. Dunklin
T. J. Burnett

The State of Alabama   }
Lowndes County          }     Probate Court of said County.

Before me, James W. Graham, Judge of the Probate Court of said County, 
personally appeared in open Court, James L. Dunklin, who, having been first duly 
sworn and examined, did and does depose and say, on oath, that he and T. J. 
Burnett are subscribing witnesses to the instrument of writing now shown to the 
affiant, and which purports to be the Last Will and Testament of George M. Cook, 
deceased, late an inhabitant of this County, that said George M. Cook, since 
deceased, signed and executed said instrument and declared the same to be his 
Last Will and Testament, and that affiant signed his name thereto, as a 
subscribing witness to the same, and that said T. J. Burnett also subscribed it 
as a subscribing witness to the same, each in the presence of said Testator and 
in the presence of each other.  That said Testator was of sound mind and 
disposing memory, and, in the opinion of the deponent, fully capable of making 
his Will at the time the same was so made, as aforesaid.  Affiant further states 
that said Testator was on the day of the date of said Will of the full age of 
twenty-one years.

Subscribed and sworn to before me                     James. L. Dunklin
July 21st, 1862
James W. Graham,
Judge of Probate

The foregoing is a true copy of the original Will, which was duly proved on the 
21st day of July, 1862 and recorded Sept. 4th, 1862

James W. Graham,
Judge of Probate