Will of Marina Clara Payne Perry, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookc/mcperry.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 Marina C(lara Payne) Perry Lowndes County, Alabama Will Book C, pages 274 - 275 The State of Alabama Lowndes County Know al men by these presents: That I, Marina C. Perry of the village of Sandy Ridge in the County of Lowndes and State of Alabama, considering the uncertainty of this life and being of sound mind and memory, do make and declare and publish this my last will and testament. First: I will and bequeath to my beloved daughter, Marina G. Payne, wife of John s. Payne, my house and lot in the village of Sandy Ridge, said lot consisting of two and on-half acres of land and upon which stands the dwelling house, kitchen, pantry, smokehouse and well occupied by myself and my husband, A.J. Perry, and on the west by L. L. Thompson. Should my beloved husband, A.J. Perry, survive me, it is my will that he occupy the house and lot during his lifetime and it is my desire that my beloved daughter, M. G. Payne, occupy the said premises jointly with my said husband so that she might be a solace and comfort to him during his declining years. In testimony whereof, I have to this my last will and testament contained on one sheet of paper to which sheet I have subscribed my name and set my seal this the 17th day of January, in the year of our Lord, One thousand eight hundred and eithty eight, 1888. Attest: Marina C. Perry (L.S.) S. G. Perry C. J. Ellis The State of Alabama Lowndes County I, H. R. Williamson, a Justice of the Peace in and for said State and County, hereby certify that C. J. Ellis, subscribing witness to the foregoing conveyance, known to me, appears before me on this day and being sworn, stats that marina c. Perry, the grantor in the conveyance, voluntarily executed the same in his presence and in the presence of the other subscribing witness on the day the same bears date, that he attested the same as a witness in the presence of the grantor and of the other subscribing witness and that such other subscribing witness subscribed his name as a witness in his presence. Given under my hand this 17th day of Jany., A.D. 1888 H. M. Williamson, J.P. State of Alabama Lowndes County Probate Court. In the matter of the Last Will and Testament of Marina c. Perry, Dec'd. Before me, A. E. Caffee, Judge of Probate court in and for the County and State aforesaid, personally appeared before me in open Court C. J. Ellis, who, having been by me duly sworn and examined, did and does depose and say that C. J. Ellis, himself, and S. G. Perry, subscribing witnesses to the foregoing instrument of writing now shown to the said affiant, and which purports to be the last will and testament of Marina C. Perry, deceased, late an inhabitant of this county; that the said Marina C. Perry, 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 the affiant set his signature thereto on the day the same bears date as a subscribing witness to the same in the presence of said testator and at her request and in the presence of each other and that said testator 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 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. C. J. Ellis Subscribed and sworn to before me this 30th day of December, A.D., 1895 A. E. Caffee Judge of Probate The foregoing is a true copy of the original will filed For record in this Court and admitted to probate and recorded together with the proof thereof. A. E. Caffee Judge of Probate The State of Alabama Lowndes County Know all men by these presents: that I, Marina C. Perry of the village of Sandy Ridge in the County of Lowndes and State of Alabama, considering the uncertainty of this life and being of sound mind and memory do make, declare and publish this my last will and testament. First: I give and bequeath to my beloved daughter, Marina G. Payne, one hundred and forty acres off my tract of two hundred and forty acres, lying east of the Pinchony Creek, know as my prairie place, including the East half of SE 1/4 of SE 1/4 of Sec. 15, T. 12, R. 16. I also give and bequeath to my said daughter, the twenty acres of land lying south and adjoining the lot upon which my dwelling house and lot buildings now stand. I also give and bequeath to my said daughter, Marina, all the personal or mixed property of which I shall died seized or possessed, provided that my beloved husband, A. J. Perry, should out live me, shall have the right to the use thereof, if he so chooses, and shall not be liable to rent thereof nor from depreciation from use. Second: I give and bequeath to my beloved daughter, Dorothy e. Stone, one hundred acres of land off the tract hereinafter mentioned to include the west half of SE 1/4 of SE 1/4 of Sec. 15, T. 12, Range 16. Fourth (Third): It is not my will or intention that this conveyance shall operate as a ______ revocation of a conveyance made by me to my said daughter, Marina, and executed on the 17th day of January, 1888. In testimony whereof, I have to this my last will and testament contained on one sheet of paper and which sheet I subscribed my name and affixed my seal this the 2nd day of November, in the year of our Lord, One Thousand Eight Hundred and Eighty-None. M. C. Perry (L.S.) Signed, sealed, and declared and published by the said Marina C. Perry as for her last will and testament in presence of us, who at her request and in her presence and in the presence of each other, have subscribed our names as witnesses hereto. R. G. Russell Robert Brodnax S. G. Perry The State of Alabama Lowndes County Probate Court In the Matter of the Probate of the Last Will and Testament of Marina C. Perry, dec'd. Before me, A. E. Caffee, Judge of Probate court in and for the County and State aforesaid, personally appeared before me in open Court Robert Brodnax, who, having been by me duly sworn and examined, did and does depose and say that R. G. Russell and S. G. Perry are subscribing witnesses to the foregoing instrument of writing now shown to the said affiant, and which purports to be the last will and testament of Marina C. Perry, deceased, late and inhabitant of this county; that the said Marina C. Perry, 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 the affiant set his signature thereto on the day the same bears date as the subscribing witness thereto in the presence of said testatrix, and at her request and in the presence of each other and that said testatrix was of sound mind and disposing memory and understanding and in the opinion of affiant, fully capable of making her said last will at the time the same was so made as aforesaid, and deponent further states that 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. Robert Brodnax Subscribed and sworn to before me this the 30th day of December, A.D., 1895. A. E. Caffee Judge of Probate I certify the foregoing to be a true copy of the original will filed for record and probate and the proof thereof. A. E. Caffee Judge of Probate