Will of John P. Cook, Lowndes, Alabama

http://files.usgwarchives.net/al/lowndes/wills/willbookc/jpcook.txt
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Carolyn Golowka
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January 2002


Will of John P. Cook
Lowndes County, Alabama
Will Book C, page 22

In the name of God, Amen!  I, John P. Cook of the County of Lowndes, State of Alabama, 
being of sound mind and memory, and considering the uncertainty of this rail and transitory 
life, do therefore make, ordain, publish and declare this to be my last will and testament, 
that is to say:

First:  After my lawful debts are paid and discharged, the residue of my estate, real 
and personal, I give, bequeath and dispose of as follows, to wit:

To my beloved wife the undivided half of lands and appurtenances situated thereon on 
which I now reside, except the E 1/2 of the NE 1/4 of Section 21, the West 1/2 of 
NW 1/4 of Section 22, and E 1/2 of SW 1/4 of Section 10, all in Township 12, Range 14.  
To my said wife all my household and kitchen furniture, plantation tools, gin, mill, 
surrey, and wagons, likewise the slaves named as follows:  Phoebe, Cally, Henry, Milton, 
Adams Jr., Mary, Freeman, Adams Sr., Sarah, Lawrence, and Lucy, likewise other slaves to be 
chosen by my wife from the residue of slaves not given, bequeathed and disposed of by this 
my last will and testament.

To my daughter, Mary P. Cook, likewise to my wife the first choice of stock of every kind 
equal in number to the share of each of the other heirs and a comfortable support for one year, 
after my decease, for her use and benefit forever.

To my daughter, Mary P. Cook (in order to make her equal with the other children in property), 
the undivided half of land and appurtenances situated thereon, on which I now reside, 
except E 1/2 of NE 1/4 of Section 21, the NE 1/s of NW 1/f of Section 22, and E 1/2 of 
SW 1/4 of Section 10, all in Township 12, Range 14, likewise to daughter, Mary P. Cook, 
slaves named as follows, to wit:  Eliza and her family, viz.:  Jerry, Dudley, Alex, Holdern, 
Hillary and Jim Sr., Milly, Emily, and Lercie, likewise the second choice of stock of every 
kind, equal in number of the share of each of the other heirs, the remainder of stock to be 
divided equally among the other heirs, share and share alike.

After the residue of my real estate, to wit:  the E 1/2 of NE 1/r of Section 21, W 1/2 of 
NW 1/4 of Section 22, and W 1/w of SW 1/4 of SW 1/4 of Section 10, Township 12, Range 14, 
after the residue of my slave property, shall have been valued.

To Susannah R. Thomas, one-forth the valuation of said real and personal property as follows, 
namely:  in lands, E 1/2 of NE 1/4 of Section 21, W 1/2 of SW 1/4 of Section 10, Township 12, 
Range 14 and slaves for use and behoof forever.

To Mary P. Cook, one-fourth of the valuation of said real and personal property in slaves for 
her own use and behoof forever.

To my son, Nathan B. Cook, one-forth of said valuation of said real and personal property in 
slaves, the amount of a certain provision note dated March 10th, 1837, drawn for Thirty-six 
hundred dollars and secured by mortgage shall be considered a part of said share, unless the 
said note shall be paid to me by the said N. P. Cook, further should my said son, N. B. Cook, 
died without heirs, then the said share of the said N. B. Cook shall revert back to, and be 
equally divided among my other heirs.

Lastly:  I devise that my railroad stock, confederate bonds, moneys on hand and proceeds of 
the crop of the year of my decease shall be applied to the liquidation of my lawful debts, 
and the residue, if any, be divided among my heirs, share and share alike.

Likewise, I make and appoint and constitute D. T. McCall, W. A. Thomas, to be Executors of 
this my last Will and Testament, hereby revoking all former Wills by me make.

In witness whereof, I have hereunto subscribed my name and affixed my seal, the tenth day of 
October, One Thousand, Eight Hundred and Sixty-three

                                            John P. Cook (SEAL)

The above written instrument was subscribed by the said John P. Cook in our presence and 
acknowledged by him to each of us, and he, at the same time, published and declared the 
above instrument so subscribed to be the last will and testament, and we, at the Testator's 
request and in his presence have signed our names as witnesses hereto and affixed our seals.

                                         P. Marvin (SEAL)
         A. W. Spiers (SEAL)
                                         Charles Gardwin (SEAL)