Lowndes County AlArchives Wills.....McCall, Hugh C. December 16, 1879 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 March 17, 2006, 2:26 pm Source: Lowndes County, Alabama Will Book C, Pages 199-201 Written: December 16, 1879 Recorded: March 17, 1885 I, H. C. McCall, do make and publish this as my Last Will and Testament, hereby revoking and making void all other wills by me at any time made. First: I direct that my personal expenses and all my debts be paid as soon after my death as possible out of any monies that I may be possessed of and first come to the hands of the Executor. Second: I give and bequeath to my wife Lizzie T. McCall in Trust during widowhood all my real and personal estate wherever situated, except the sum of Twenty-five hundred dollars hereinafter disposed of subject to the uses and purposes hereinafter declared and set forth with full power and authority and power to collect debts, compromise debts and extend the time of payment and invest any money by her collected and in short, do anything in the management of my Estate that I could do, always excepting the contracting of new debts, which if contracted by her, shall in no case be binding on my Estate, and thereby confer upon my wife, as trustee, full power and authority to sell any portion or all of my real Estate, under the advise and approval of my brother, D. T. McCall, so long as he may live, and after his death, at her own discretion; and to reinvest proceeds in real or personal property, subject to the approval of my said brother during his life time, and after his death at her own discretion; ad I do further empower and authorize and direct my wife, as Trustee during her widowhood, to collect use and appropriate the rents, profits and income of any real and personal property to the support and maintenance of herself and our son, Samuel T. McCall, and the power hereinbefore conferred upon my said wife shall remain in full force and virtue during her widowhood. Should she marry again, then it is my will and I do hereby so direct that her control and authority over my Estate, both real and personal, cease and determine. And my Estate be divided between her and my said son, Samuel T. McCall, according to the laws governing such cases, now in force in the State of Alabama. And the portion allotted to my said son, I devise and direct to bet paid to his guardian to be appointed and qualified by the proper Court. In case of the death of our said son, Samuel T. McCall, it is my will that my wife, Lizzie T. McCall, control and manager my Estate during her widowhood and have use and appropriate the rents, profits, and incomes thereof during her natural life, and at her death, that my estate both real and personal go to my nearest relative under the laws now in force in the state of Alabama. And in the case of the said son without issue after the death of his mother, it is my will and I do so direct that my Estate go to the parties above named. It is my will and I so direct, that in case the money is collected or paid, secured by a policy on y life in the N. U. Equitable Life Insurance Company, that sum of Twenty-five hundred dollars to be paid to E. O. Tate in trust for the benefit and use of Mrs. Carrie Tate, wife of E. O. Tate, and I direct that interest on said sum be paid annually to Mrs. Carrie Tate, during her life, and at her death, that said sum to be paid to her daughter, Hattie, or her guardian; and in case said daughter should die before her mother, it is my will and I so direct, that said fund be paid to Mrs. Carrie Tate, as her own, separate and absolute estate. IT is also my will and I so direct that no bond be required of my wife, as Trustee under this will. Lastly: I hereby nominate and appoint my wife, Lizzie T. McCall, Executrix of this my will, and I direct by reason of confidence I repose in her that no bond be required of her as such Executrix, and that she be excused from returning to the Court an Inventory of my Estate. In witness whereof, I have hereunto affixed my hand and seal this the 16th day of December 1879. H. C. McCall (SEAL) Signed, sealed and published in our presence, and we have subscribed our names hereto in presence oof testator and of each other and at his request this 16th day of December, 1879. W. D. Gannon M. Carriger I hereby certify that the foregoing – that the above is a true and correct copy of the original on file in my office this 16 March 1885. W. W. Drane Register I certify the foregoing a true and correct copy of the original instrument filed for record the 16th day of March and recorded 17 day of March 1885. H. W. Caffey Probate Judge Additional Comments: NOTE: E. O. & Carrie Tate, mentioned in this will, were found in Morristown, Hamblen Co., TN in the 1880 US Census. File at: http://files.usgwarchives.net/al/lowndes/wills/willbookc/mccall140gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 5.5 Kb