Will of Lucinda Cheek, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookc/lcheek.txt ================================================================================ USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 ================================================================================ November 2001 Will of Lucinda Cheek Lowndes County Will book C Page 276 - 277 The State of Alabama Lowndes County I, Lucinda Cheek, otherwise called Lucinda Spear, being of sound and disposing mind and memory, do make, ordain and declare this to be my last will and testament revoking all others. Item: I direct my decent interment by the side of my late husband, Randall Cheek, and that a suitable monument be erected over my grave to mark the place of my last repose. Item: I direct that my funeral expenses and all that I may leave impaired to be paid out of any money I may have on had at the time of my death, and if necessary out of my personal property. Item: All of the estate I may leave, real and personal and my right and chain I may died possessed of, after payment of my debts and funeral expenses, I give, devise, and bequeath to Caswell Garrett, son of William J. Garrett, in absolute right, save as hereafter provided. Item: Should said Caswell Garrett die before he reaches the age of twenty-one years, leaving no children, I then give, devise, and bequeath my entire estate as above to Mary Wash Garrett, sister of said Caswell Garrett, should she not be living, then the entire estate to go to the next of kin of said Mary Wash Garrett. Item: Should I die before the said Caswell Garrett attains the age of twenty- one years, I devise and bequeath that Nancy Garrett, mother of Caswell Garrett, receive a proper support out of the income and profits of said property so devised and bequeathed to Caswell Garrett, such support to continue until the said Caswell Garrett (obtains) the age of twenty-one years, or would reach the age of living. In the event of my death before the said Caswell Garrett reaches the age of twenty-one, I appoint William J. Garrett to be temporary executor of this my will, and when the said Caswell Garrett becomes twenty-one years old, I appoint him sole executor of this my will; and I direct that no bond be required of my executors. Signed, published and declared, this 28th day of February, A.D. 1872, in the presence of the following subscribed witnesses, who subscribed in the presence of the testatrix, and in the presence of each other at the request of the said testatrix. Witnesses: Lucinda Cheek George W. Stone W. H. Haigler W. C. Griffin The State of Alabama Lowndes County I, Lucinda Cheek, sometimes called Lucinda Spear, having made and executed my last will and testament the 28th day of Feb., 1872, being still of disposing mind and memory, make and declare this as a Codicil to my said will. I so far alter said will and do hereby devise to Mary W. Caffey (wife of Hugh W. Caffey) my plantation in Lowndes County, known as the Sol. McCall plantation, to take effect as other gifts and devises by me shall take effect after the payment of my debts and funeral expenses. The said Mary W. Caffey to enjoy said property during her life, and at her death to such lineal descendants as she may leave, they to take in the same proportion as if they had inherited from their mother, the said Mary W. Caffey. I in all other respect...my said will to stand unaltered. Signed and declared on the 9th day of February, 1883, in the presence of W. M. Brightman and s. A. Suttenwhite. L. Cheek State of Alabama Lowndes County Probate Court In the Matter of the Probate of the Last Will and Testament of Lucinda Cheek, deceased. Before me, A. E. Caffee, Judge of Probate Court in and for said county and State aforesaid, personally appeared in open Court, W. C. Griffin, who, having been by me first duly sworn and examined, did and does depose and say that he is a subscribing witness to the foregoing instrument of writing now shown to the said affiant, and which purports to be the last will and testament of Lucinda Cheek, deceased, late an inhabitant of this County, that the said Lucinda cheek, since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be her last will and testament, and that affiant set his signature thereto on the day the same bears date, as a subscribing witness to the same, in the presence of said testatrix, and at her request, and in the presence of each other, that said testatrix was of sound mind and disposing memory and understanding, and, in the opinion of affiant, fully capable of making her said will at the time the same was so made as aforesaid. And deponent further states that the said testatrix was, on the day of the date of said will, of the full age of twenty-one years and upwards, and a resident of this County. W. A. Griffin Subscribed and sworn to before me this 15th day of Feb. A.D. 1896. A. E. Caffee Judge of Probate State of Alabama Lowndes County Probate Court In the Matter of the Probate of the Codicil to the Last Will and Testament of Lucinda Cheek, deceased. Before me, A. E. Caffee, Judge of Probate Court in and for said county and State aforesaid, personally appeared in open Court, W. M. Brightman, who, having been by me first duly sworn and examined, did and does depose and say that he is a subscribing witness to the foregoing instrument of writing now shown to the said affiant, and which purports to be the codicil to the last will and testament of Lucinda Cheek, deceased, late an inhabitant of this County, that the said Lucinda cheek, since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be a codicil to her last will and testament, and that affiant set his signature thereto on the day the same bears date, as a subscribing witness to the same, in the presence of said testatrix, and at her request, and in the presence of each other, that said testatrix was of sound mind and disposing memory and understanding, and, in the opinion of affiant, fully capable of making her said will at the time the same was so made as aforesaid. And deponent further states that the said testatrix was, on the day of the date of said will, of the full age of twenty-one years and upwards, and a resident of this County. W. M. Brightman Subscribed and sworn to before me this 15th day of Feb. A.D. 1896. A. E. Caffee Judge of Probate The State of Alabama Lowndes County I, A. E. Caffee, Judge of Probate Court in and for said County and State aforesaid, do hereby certify that the within instrument of writing has this day in said Court, and before as the Judge thereof, been duly proven by the testimony of W. C. Griffin and W. M. Brightman, subscribing witnesses to the genuine last will and testament of Lucinda Cheek, deceased, and codicil thereto, and that said will and codicil together with the proof thereof, has been recorded in my office in Book No... of Wills at page... In witness whereof, I have hereunto set my hand and affixed the seal of said Probate Court on this the 15th day of Feb. A.D., One Thousand Eight Hundred and Ninety-Six. A. E. Caffee Judge of Probate