Will of Hugh Bird, Lowndes, Alabama

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August 2002

Will of Hugh Bird
Lowndes County, AL
Will Book C, pages 30 – 31

Know all men by these presents that I, Hugh Bird, of the county of 
Lowndes and state of Alabama, being of sound and disposing mind and 
memory and knowing the uncertainty of the mortality, do make and 
ordain this my Last Will and Testament in manner and for following, 
viz:

1st:  I desire that after I am dead that all of my just debts be paid.

2nd:  I give and bequeath unto my wife, Mildred Bird, forty acres of 
land, bounded as she may choose and including all of the 
improvements, appurtenances & c, where I now reside, also all of my 
household and kitchen furniture of every description, also, such 
tools of husbandry as she may choose, also provisions for one year, 
also one horse of her choice, also two cows and calves, also ten head 
of hogs of her own choice, also my Negro woman named Aggy, also my 
Negro woman called Purchase, also my Negro boy called Joseph.

3rd:  I give and bequeath unto my daughter, Karon H. Loften, wife of 
G. W. Loften (Joseph W. Loften), and to the heirs of her body 
forever, a Negro girl called Clara worth six hundred dollars, also 
all of Clara's future increase, should she have any.

4th:  I give and bequeath unto my son, John Bird, to the lawful heir 
of his body, my Negro boy called William, worth five hundred fifty 
dollars, and should my 3rd son, John Bird, die without heirs of his 
body, then all Negroes to revert back to my estate again.

5th:  I give and bequeath unto my son, Neri P. Bird, and to his heirs, 
my Negro woman called Lolly, together with all of her present or 
future increase worth six hundred dollars.

6th:  I give and bequeath unto my daughter, Louisa Champion, wife of 
Jacob Champion, my Negro girl called Margaret with all her future 
increase, worth six hundred dollars, given unto my said daughter, 
Louisa, an to the lawful heirs of
her body.

7th:  I give and bequeath unto my son, James Bird, my Negro boy called 
Frank, worth six hundred dollars, to him and his heirs.

8th:  I give and bequeath unto my daughter, Eliza Richerson, wife of 
William Richerson, and to the lawful heirs of her body, my Negro girl 
called Mary, together with all of her future increase, if any, worth 
six hundred dollars.

9th:  I desire that the above named sums of money be brought only into 
hatchpot after my decease, the above named Negroes having already 
been given up and delivered.  I furthermore desire that nothing else 
heretofore given to my children shall be brought into hatchpot after 
my decease.

10th:  I desire that after my decease all of my Negroes be appraised 
as near as may be to their value and equally divided among my 8 
children, also all the balance of my unbequeathed estate and to 
belong to them after the manner above mentioned.

11th:  I desire that the lawful heirs of my deceased son, Elihu Bird, 
in all respects have and receive that portion of my estate which 
would have fallen to the share of my son, Elihu Bird, and that the 
same to be paid to them in money.

12th:  I will and bequeath unto my son, John Bird, and his heirs, five 
dollars.

13th:   I desire that all of the estate, real and personal, given to 
my wife, Mildred Bird, except the woman Aggy, be, after the decease 
of my wife, appraised and be divided among my said children, and 
belong to them after the manner above named, the lawful heirs of my 
son, Elihu, deceased, receiving their father's portion as money as 
above.  I desire that my Negro woman, Aggy, shall not belong to any 
one, or compelled to serve anybody, but may live with whom she 
pleases, and I hope she will be well treated.

14th:  I hereby appoint my sons, Neri Bird and James Bird, my 
Executors to this my last will and testament.

In witness whereof, I have, this 27th day of January in the year of 
our Lord, One Thousand Eight Hundred and Fifty-One, affixed my name 
and seal.

In witness of                         Hugh Bird  (SEAL)
Jos. D. Houge
Joseph L. Crow
M. L. Kirkpatrick


State of Alabama  }
Lowndes County    }  In Lowndes County of Probate.

In the Matter of the Last Will and Testament of Hugh Bird, deceased.

Before me, James W. Graham, Judge of Probate for said Court of said 
County, personally appeared James D. Houge, who being duly sworn and 
examined, on oath, says that he is a subscribing witness to the 
instrument of writing here shown to him, which purports to be the 
last will and testament of Hugh Bird, deceased, late an inhabitant of 
this County, that to the best of is knowledge and belief, he signed 
the same as such witness in the presence of the Testator and Jos. L. 
Crow and M. L. Kirkpatrick, the other subscribing witness, that to 
the best of his knowledge and belief, testator signed the same in the 
presence of Affiant and the other said witnesses, and the other 
witness signed the same as such witness, also in the Testator's 
presence on the day the same bears date, that the testator was, at 
the time, of sound and disposing memory and fully capable of making a 
Will, and that he was over 21 years of age and inhabitant of said 
County.

Sworn to and subscribed before me                Jas. D. Houge
July 12th 1864

James W. Graham
Judge of Probate