Will of James Watkins Cook, Lowndes, Alabama

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August 2004


"State of Virginia         }
County of Greensville }

I, James Watkins Cook of Midfield, in the County of Greensville, State of Virginia, do make and publish and 
declare this my last Will and testament.

1st:  I bequeath to my wife during her life my plantation in Southampton County, Virginia, known as 
Fortsville in addition to dower.

2nd:  I desire that my Estate of lands and slaves and other property, not bequeathed to my wife, shall be 
kept together by my Executors, hereinafter named, and my plantations in Alabama and Virginia except 
Fortsville, managed and controlled to those residing i Virginia and Alabama respectively, and the net 
proceeds of my Alabama property shall be paid over annually to my executor in Virginia.

3rd:  When my daughter Sally Hart attains the age of twenty-one years, I direct that she shall receive an 
equal proportion with my other children, of all my property in the hands of my Executors in Virginia, other 
than the lands, and the lands in Virginia shall be appraised by commissioners to be appointed by the proper 
Court, and that she receive of my Executors in Virginia a sum of money equal to a share of said land, to be 
paid to her as soon as it can be done without interfering with the support of my other children.  She shall 
also receive from my Executors in Alabama an equal share of all my property in Alabama other than the lands 
in that State [which] shall be valued and appraised as above provided and for a compensation for an equal 
share therein, shall be paid to her by my Executors in Virginia, as above provided, in case of the lands in 
Virginia.

4th:  When my daughter Ellana attains the age of twenty-one years, she shall receive an equal share of my 
Estate in the same manner as provided in the preceding clause for my daughter Sally Hart.

5th:  At any time after the period fixed for the assignment of my daughter, Ellana's share, if any 
considerable accumulation of profits shall have been made from my Estate and my Executors in Virginia shall 
deem it advisable to purchase lands in Virginia, or Alabama, they are authorized to make such purchases.

6th:  When my son James Watkins shall have attained the age of twenty-one years, he shall have assigned him 
an equal share of the lands and other property by my Executors in Virginia and Alabama acting jointly as 
nearly as it can be done without a sale of lands or slaves, such assignment to be so made as to preserve as 
well as can be done the efficiency and the productive value of the remainder, and so successively with each 
of my children until they all receive their respective shares.  It being my intention to give to each of my 
children an equal share of all my property not bequeathed to my wife.

7th:  I desire that none of my household furniture, books or plate shall be sold, but they shall remain 
under the care and control of my wife and for use until such times as my children shall respectively come 
of age when I desire her to set apart as they so become of age, appropriate shares of the same, and at her 
death, what shall remain shall be preserved by my Executors for distribution among my children without 
sale.

8th:  I nominate and appoint my friend, N. P. Young, my relation, James Rogers of Sussex County, and my 
friend Ravenscraft Jones of Brunswick as my Executors of this my last will and testament and Guardians of 
my children.  I do nominate and appoint Samuel Goode Jones and Thomas E. Branscombe of Alabama, Executors 
of this my will as to property and effects owned by me in Alabama.

9th:  My Executors who are appointed, in Virginia, Guardians of my children are authorized to exercise a 
liberal discretion in expenditures from my Estate for the support, maintenance and education of my 
children.

Signed, published and declared my last will and testament in the presence of George C. Starke and Wm. H. 
Briggs who also subscribed their names as witnesses hereto in my presence and in the presence of each 
other, March 31st, 1863.
								James W. Cook (Seal)
Teste:
Wm. A. Briggs
Geo. C. Starke

State of Virginia         )
County of Greensville )
At a County Court held for the said County on Monday the 7th day of Nov., 1864, the Last Will and Testament 
of James W. Cook, deceased, was presented to the Court and proved by the oaths of Geo. C. Starke and Wm. H. 
Briggs, the two subscribing witnesses thereto and ordered to be recorded.
And at a County Court continued, and held for the said County on Saturday the 12th day of November, 1864, on 
motion of N. P. Young, one of the Executors in the last will and testament of James W. cook, deceased, who 
made oath as the law directs, and entered into a bond in the penalty of Five hundred thousand dollars 
($500,000) conditioned as the law directs, with Thomas Carroll, Geo. Mason, Thos. M. Buford, Wm. M. Jones, 
T. J. Clements, W. W. Joiner, R. H. Randolph, C. H. Darden, Geo. F. Hall, H. Chapman and E. P. Wamble as 
his securities therein.
Certificate is granted the said N. P. Young for obtaining a probate of the last will and testament of James 
W. Cook, dec'd in due form, liberty being reserved to the other executors named in the said Will to join in 
the probate when they shall think fit.
							Teste.
							Jno. W. Potts, C.B."
											
Lowndes CO, AL, Will Book C, pp. 71-72