Lowndes County AlArchives Wills.....McCall, Duncan January 23, 1883
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Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 March 17, 2006, 3:24 pm

Source: Lowndes County, Alabama Will Book C, Pages 221-224
Written: January 23, 1883
Recorded: October 17, 1885

Will of Duncan McCall
Lowndes County, Alabama
Will Book C, pages 221-224

The State of Alabama
Lowndes County

In the Name of God, Amen.  I, Duncan McCall, of said State and County, being of 
sound mind and disposing memory hereby revoke and annul all former wills by me 
mine and do make and publish this my last Will and Testament.

Item First:  I will and devise that my body be decently interred and a suitable 
monument be placed by my Executor over my grave, and that the expenses thereof 
and all of any just debts be paid.

Item Second:  In consideration of many years of faithful service performed for 
me, I hereby devise and bequeath Ann Bell, sometimes called Ann McCall, that 
certain track of land described as the South East quarter of Southwest quarter 
of Section Three in Township Fourteen of Range Fourteen (Se 1/f or SW 1/f of 
Sec. E, T. 14, R. 14) in said State and County, to have and to hold to her the 
said Ann Bell or Ann Bell McCall without impeachment of waste [?] for and 
during the term of her natural life, and after her death, the remainder of said 
tract of land is hereby devised and bequeathed to the present youngest male 
child of Bruce McCall whose name I believe Duncan McCall, to have and to hold 
to him, the youngest male child of Bruce McCall at this date called I think 
Duncan McCall, and to his heirs in fee simple.

Item Third:  The disposition hereinbefore made by me of the Promised Land.  I 
desire to remain as it is.

Item Forth:  I will and devise and bequeath one third of all my property, real 
and personal and mixed not heretofore devised to my Sister Sally McCall and to 
Ellen Streety McCall, daughter of Robert McCall, deceased, the land of where 
resides at this time with John P. Streety, to have and to hold to them in equal 
shares, the said one third of my property hereby devised, the share of my 
Sister Sally in fee simple forever, the share hereby devised to said Ellen, to 
have and to hold to her, the said Ellen McCall, for and during her natural 
life, and after her death, to her children, the lawful issue of her body, and 
in default of such issue top her lawful heirs.

Item Fifth:  The remaining two-thirds of my Estate not heretofore devised, I 
hereby devise and bequeath to the two eldest children of my friend, Josiah W. 
Powell, namely, Hiram McLemore Powell, and Mary Clara Powell, to have and to 
hold for and during the time of their natural lives, and after their deaths to 
their lawful children, the issue of their respective bodies in fee simple 
forever.  But if either of said children of J. W. Powell should die without 
children, the lawful issue of his or her body, then the share so devised to the 
one afterwards dying without lawful issue, shall vest in and belong to the 
survivor of them for and during his or her natural life and after his death to 
his or her children the issue of his body.

Item 6th:  I hereby appoint Josiah W. Powell and John P. Streety the Executors 
of this my last will and Testament and in case of the death of either of them 
or the refusal or failure to act of either of them, then the other is hereby 
constituted the sole Executor of this will and it is my will and I hereby 
direct that my Estate be settled up and turned over to the objects of my bounty 
with as little delay and expense as possible.  In witness whereof, I have 
hereto set my hand and seal this 2nd day of January 1883.

In presence of                             Duncan McCall
1. J. Mark Howard
2. T. W. Howard


Codicil

I, Duncan McCall do make and ordain the codicil to the foregoing Will.  In case 
that Ellen McCall, daughter o Robert McCall, dec., to whom one sixth of my 
property is devised in the foregoing will in Item Four thereof, shall die 
without children, the lawful issue of her body, then I devise and bequeath the 
said share so devised to her, to Harry Houghton, son of my friend, Wm. R. 
Houghton, to have and to hold to him, but in the said Harry Houghton shall die 
without children, the lawful issue of his body, then I devise and bequeath the 
said one-sixth to the next of kin of Ellen A. Streety, wife of John P. Streety.

In witness whereof, I have hereunto set my hand and seal on this 27th day of 
January 1883.

In presence of                               Duncan McCall
1.  J. Mark Howard
2.  T. W. Howard


The State of Alabama
Lowndes County

I, Duncan McCall, do hereby make and publish the codicil to my last Will and 
Testament.

I hereby revokd the devise and bequeath made in ly last said Will and Testament 
to Ellen S. McCall, the daughter of Robert McCall, and I hereby give and devise 
to Ellen A. Streety, wife of John P. Streety, all the share in my Estate which 
is devised in my said Will to said Ellen McCall, to have and to hold to the 
said Ellen A. Streety, in fee simple forever, the share so devised in said Will 
to Ellen S. McCall, and give the same in fee to Ellen A. Streety, and to change 
my said Will in no other particular.

In witness whereof, I have hereunto set my hand and seal this 1st day of 
February 1884.
 
                                                                                
      Duncan McCall

Signed by the Testator in our presence after he had declared the same to be the 
codicil to his last Will and attested by us in his presence and in the presence 
of each other.
Wm. R. Houghton
J. P. Mushat

State of Alabama 
Lowndes County

In Probate Court of said County

Before me, H. W. Caffey, Judge of Probate of said County, personally came, J. 
Mark Howard and T. W. Howard who being duly sworn and examined depose and say 
that they are each subscribing witnesses to the instrument of writing now shown 
to them which purports to be the last will of Duncan McCall, dec. and a Codicil 
thereto, that said Duncan McCall, since deceased, signed and executed the said 
instrument on the day the same bears date, and declares the same to be his last 
Will and testament & Codicil, that affiants set their signatures thereto on the 
day the same bears date as subscribing witnesses to the same, in the presence 
of said Testator, and in the presence of each other, who signed the same in 
their presence, that said Testator was of sound mind and disposing memory and 
over the age of 21 years.

Sworn to and subscribed before            J. M. Howard
Me this 17th day of Oct 1885              T. W. Howard
H. W. Caffey, Prob Judge

The State of Alabama
Lowndes County

Before me, H. W. Caffey, Judge of Probate of said County, personally came Wm. 
R. Houghton and John P. Mushat who having been duly sworn and examined, depose 
and say that they are each subscribing witnesses to the instrument of writing 
now shown to them bearing date February in 188r which purports to be the 
Codicil to last will of Duncan McCall, dec., that said Duncan McCall since 
deceased, signed and executed the said codicil on the day the same bears date, 
and declared the same to be the codicil to last will and testament and that 
affiants set their signature thereto on the day the same bears date, as 
subscribing witnesses to the same in the presence of the Testator, and in the 
presence of each other, who signed the same in their presence, that said 
Testator was of sound mind and disposing memory, and over the age of 21 years.

Sworn to and subscribed                   W. R. Houghton
before me the 17 day of                   J. P. Mushat
October 1885
H. W. Caffey
P. Judge

State of Alabama
Lowndes County

I, H. W. Caffey, Judge of Probate of said State and County hereby certify that 
the foregoing instrument has this the 17th day of October 1885 been duly proven 
in open Court, and admitted to Probate as the Last Will and testament of Duncan 
McCall, deceased, in the Probate Court of said County, and that the same has 
been with the proof hereof, recorded in Book of Wills “C” pages 287-188.

Witness my hand this 17th day of October AD 1885
                                            H. W. Caffey
                                            Judge of Probate


Additional Comments:
Ellen Streety McCall, daughter of Robert & Melissa R. Robertson McCall; 
relationship to Duncan McCall not clear at this time.

Ellen A, Streety, wife of John P. Streety (John Poynter Streety, Sr.) was 
Eleanor A. McCall, daughter of Hugh & Mary McCall, and a sister of Robert 
McCall.  

William R. Houghton married Anne Mary Streety, daughter of John Poynter & 
Eleanor A. McCall Streety, on December 21, 1875.  

Josiah W. Powell (Josiah Whittaker Powell) married Julia C. Perry McLemore, 
daugher of Hugh & Ann McCall McLemore.  Ann was a daughter of Duncan & 
Catherind McCall, relationship to this Duncan McCall not yet established.

Ann Bell McCall was a black woman and it appears that Bruce McCall, a mulatto 
in the 1880 census, was her son.  Relationship to Duncan McCall not clear.

Duncan McCall never married.

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