Will of Lewis E. Kirkland, Lowndes, Alabama

http://files.usgwarchives.net/al/lowndes/wills/willbookc/lekirkland.txt
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This file was contributed and copyrighted by:
Carolyn Golowka
http://www.genrecords.net/emailregistry/vols/00012.html#0002972
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August 2002


Will of Lewis E. Kirkland
Lowndes County, Alabama
Will Book C, pages 117 – 118

State of Alabama  }  Know all men by these presents that I, Lewis
Lowndes County    }  E. Kirkland of the State of Alabama, Lowndes 

County, being in ill health, but of sound and disposing memory, do 
make and publish this my last will and testament, hereby revoking all 
former will by me at any time heretofore made, and as to my worldly 
Estate and all the property, real and personal, or mixed, or which I 
shall die seized and possessed to which I shall be entitled at the 
time of my decease, I devise and bequeath and dispose thereof in the 
manner following, to wit:

First, my will is that all my just debts and funeral expenses shall 
be my Executors, hereinafter named, be paid out of my Estate as soon 
after my decease as shall, by him, be found convenient, and that the 
balance of my property whether real, personal, or mixed, shall be 
equally divided between my wife, Mary Jane Kirkland (who has 
consented in writing to relinquish the portion of my Estate to which 
she will be entitled by law, and in lieu thereof to receive as her 
portion and equal share with each of my children) my daughter s Mary 
Caroline Kirkland, Harrell Carline, and my son William Duncan 
Kirkland.

And lastly, I do nominate and appoint my brother, William C. 
Kirkland, to be the Executor of this, my last will and testament, and 
in consideration of my unlimited confidence in his honesty and 
integrity, and in his devotion to the interest of my children, do 
desire that he shall not be required to make the usual bond required 
of Executors and do hereby empower him with the right to hold or 
settle the above mentioned property as in his opinion the interest of 
my wife and children shall require.  

In witness whereof, I hereunto subscribe my name and affix my seal 
this the 29th day of May 1871.

In the presence of                Lewis Kirkland (SEAL)
M. D. Robinson
M. R. Dudley
W. A. Woodruff


State of Alabama  }
Lowndes County    }  In the Probate Court of said County, Regular
                     Term, July 10th, 1871

I, J. V. McDuffie, Judge of Probate in and for said County, hereby 
certify that the foregoing will of Lewis E. Kirkland was duly set for 
probate on the 10th of July, 1871, that the validity of the same was 
contested, whereupon a jury of twelve good and lawful men was had, 
duly sworn and empanelled and upon hearing the testimony and the 
charge of the Court, do, upon their oath say:  We, the Jury find for 
the will - W. M. Brightman, foreman.  Whereupon it is ordered by the 
Court that the same be admitted to probate and that it be recorded.

                       J. V. McDuffie
                       Judge of Probate