Will of George W. Oliver, Lowndes, Alabama

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February 2002


Will of George W. Oliver
Lowndes County
Will Book C, pages 2 - 3

The State of Alabama }   Know all men by these presents that I, George W. Oliver 
Lowndes County       }   of the County of Lowndes and State of Alabama as above

written, being sound in mind but feeble in body, knowing the certainty of death, 
and the uncertainty of life, do make this my Last Will and Testament, revoking 
all others heretofore by me made.

Iten 1st.  I commit my body to the grave and my spirit to the God who gave it.

Item 2nd.  It is my will and desire that all my debts due by me at the time of 
my death shall be paid.

Item 3rd.  I hereby will, devise and bequeath to my beloved wife, Mary Frances 
Oliver, a Negro woman, Harriett and her child, a girl named Penney, to have and 
to hold for (her) own use, benefit, and behoof in fee simple.

Item 4th.  I also will and bequeath to my infant son, William May Oliver, my 
Negro man Brown for his use and benefit; but in the event that my said son 
should die before he arrives at the age of twenty-one years, then it is my will 
and desire that said Negro man Brown shall become the property of my wife, Mary 
Frances.

Item 5th.  I hereby will and bequeath to my said infant son, William May, my 
entire distributive share in the Estate of my grandmother, Elizabeth Oliver, 
also all the property I may heir from any person or persons, provided he shall 
live to the age of twenty-one years; and in the event he should die before said 
age of twenty-one years then it is my will and desire that my beloved wife shall 
be the heir of the above named bequests, viz.:  my interest in the Estate of my 
grandmother, Elizabeth Oliver, as well as all legacies that may become mine from 
any quarter.

Item 6th.  It is my will and desire that all the property that may be in my 
possession at the time of my death may, at the discretion of my Executor, (be) 
sold for the benefit of my wife and infant son, of kept as be my Executor may 
decree best.

Item 7th.  I hereby empower my Executor hereafter named, should he think best, 
to sell the negroes named in Items 3rd & 4th and money arising from said sale, 
be loaned, and the interest of said amount be used for the support and comfort 
of my wive & son, and when my son arrives at the age of twenty-one years, the 
amount raised from the sale of Brown shall be paid to him, but in the event of 
the death of my son before his majority, then the entire amount of said sale is 
and shall be the property of my beloved wife, Mary Frances.

Item 8th.  To carry into effect this, my Last Will and Testament, I hereby 
constitute and appoint my Brother-in-law, Lewis W. Turbeville, mo sole Executor, 
and I hereby relieve my said Executor from the necessity of making any return to 
the Court, and from the necessity of giving any bond or security for the 
management of the Estate entrusted to his care.

In confirmation of the above and in testimony of the same, I hereby set my hand 
and affix my seal this the 28th day of February 1861.

In presence of                                 G. W. Oliver (SEAL)
P. H. Lundy
W. S. May


The State of Alabama    }     
Lowndes County           }     Probate Court, March 24th, 1862

Before me, James W. Graham, Judge of said Court, personally appeared in open 
Court William S. May who, having been by me first duly sworn and examined, did 
and does depose and say on oath that he is (a) subscribing witness to the 
instrument of writing now shown to him, and which purports to be the last Will 
and Testament of G. W. Oliver, dec'd, late an inhabitant of this County, that 
said Oliver, 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 affiant set his signature thereto and that P. H. Lundy, the other 
subscribing witness, also set his signature thereto as a subscribing witness 
with affiant on the day the same bears date, as such subscribing witness to the 
same, in the presence of said Testator, and in the presence of each other, that 
said Testator was of sound mind fully capable of making his Will the time the 
same was made as aforesaid.  Affiant further states that said Testator was on 
the day of the said date of said Will of the full age og twenty-one years and 
upward.

Subscribed and sworn to before me                 W. S. May
March 24th, 1862
James W. Graham
Judge of Probate

The foregoing is a true copy of the original Will together with testimony 
admitted to Probate and record on the 24th day of March 1862.

                                                  James W. Graham
                                                  Judge of Probate