Will of Ransom D. Spann, Sr., Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookc/rdspannsr.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 Ransom D. Spann, Senior Lowndes County, Alabama Will Book C, pages 310 - 311 State of Alabama Lowndes County Know all men by these present, that I, Ransom d. Spann, Senior, of State and County aforesaid, do make this my last will and testament. 1st - I hereby constitute and appoint my three nephews, to-wit: Ransom D. Spann, Jr., Edward C. Spann, and John Spann, to be jointly Executors of my estate. 2nd - I give and bequeath to my above named nephews, viz.: Ransom d. Spann, Jr., Edward C. Spann and John Spann, the whole of my property both real and personal; the real estate consisting of the farm upon which I have recently resided in State and County, aforesaid, known as "Over the Road place," and described in the deed from W. R. Houghton to my sister, Mary S. Murray, and in the deed from her to Ransom D. Spann, Jr. and Edward C. Spann as the: (SE 1/4) Southeast quarter of Section thirty-three, T. 15, R. 15, and the Northeast quarter of Section four, T. 14, R. 15, containing together three hundred and twenty acres, to have and to hold jointly and equally during their natural lives, and to pass to their lawful heirs of their bodies, in case either of them have such heirs at the time of their death. 3rd - But in the event of the death of either Ransom D. Spann, Jr., or Edward C. Spann or John Spann without leaving such heirs, then in that event the survivors or survivor of the parties named herein above shall inherit the portion of such as shall have died and become the owners or owner as the case may be of the whole tract of land herein before described. 4th - But if my three nephews, Ransom D. Spann, Jr., Edward C. Spann and John Spann should all die without leaving lawful heirs of their bodies, then it is my will that the land herein already described shall pass to the possession of my sister, Mary S. Murray, wife of John Murray, if then she should be alive, and be subject to her disposal by will. 5th - If my sister, Mary S. Murray, should not be living, and the above named contingency should occur (to-wit, the death of my three nephews) then in such event, it is my will that the ownership of said land shall pass to her three children, jointly and equally that is to say: to John Murray, Jr., Ransom S. Murray, and Sallie M. Murray and the survivors shall inherit the portion of such as may die without lawful heirs of the bodies in this case, John Murray Jr., shall hold said property in trust and pay over annually to his brother and sister their portion of the revenues of said property. 6th - As the deeds to the said land in question are made to Ransom D. Spann, Jr., and Edward C. Spann and not to me, it may be proper to state here the grounds upon which I assume the right to dispose of it by Will. 7th - the land was purchased from W. R. Houghton by my sister, Mary S. Murray, to be held in trust for me by her, and it was to be paid for by annual installments and of the rents of the land. Subsequently, at my request, she deeded the land to Ransom D. Spann, Jr. and Edward C. Spann with the understanding and express agreement that they should assume the Trust and hold it for me in the same manner she had done and conferring upon me to dispose of said land by will. 8th - Ransom D. Spann and Edward C. Spann have executed to me an acknowledgement of their acceptance of the Trust, which is recorded in Book P, page 38 & 39 in the Probate Office of Lowndes County, October 25th, 1887. 9th - Upon these facts and papers to sustain them, I claim the right and power to dispose of said property by Will. 10th - If I should die before the following debts are discharged, I enjoin it upon my Executors to arrange for them in the order here named, to-wit: The remaining installments due the Dundee Loan Company shall be first provided for out of the rents of the "Over the Road place." If there should be a remainder of the rents after each installment is paid, it shall be applied to a payment on a note of hand given by me to Susanna Gardner for money loaned me and which was used in part payment of the above debt, the balance or amount due on wages, during several years over and above rent do by her to me. 11th - If Susanna Gardner should be willing to remain on the place as a Renter, I desire that my Executors shall allow her to occupy the house and cultivate the land she has heretofore had at a rental of Five hundred pounds of lint cotton annually, the proceeds of which shall in the event be placed to the payment annually of said note, and she must agree not to charge interest on said note in consequence of the moderate rate of rent, and if she desires to cultivate more land that at present, it shall be furnished her at the rate above specified for each lot of twenty-five acres. 12th - Ransom and Edward Spann have contributed cash, the amount not known at present, which must be the next debt settled. In witness whereof, I have on this the seventh day of February, Eighteen Hundred and eighty-eight, set my hand and seal in presence of John Murray Ransom D. Spann (Seal) John Murray, Jr. The State of Alabama Lowndes County Probate Court In the Matter of the Probate of the Last Will and Testament of R. D. Spann, deceased. Before me, J. c. Wood, Judge of Probate Court in and for said County and State aforesaid, personally appeared in Open Court, John Murray, Jr. who having been by me first duly sworn and examined did, and does depose and say that John Murray Sr., and John Murray, Jr., subscribing witnesses to the foregoing instrument of writing now shown to the affiant, and which purports to be the last will and testament of R. D. Spann, Sr., deceased, late an inhabitant of this County, that the said R. D. Spann, Sr., since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be his 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 presence of said testator and at his 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 his said will at the time the same was so made as aforesaid and deponent further states that said testator 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. Subscribed and sworn to before me this John Murray, Jr. J. C. Wood, Judge of Probate Court, Lowndes County The State of Alabama Lowndes County I, J. C. wood, Judge of the Probate Court in and for the County and State aforesaid, do hereby certify that the within instrument of writing has this day in said Court and before me as said Judge, been duly proven by the testimony of John Murray Jr., a subscribing witness to be the genuine last will and testament of R. D. Spann, Sr., deceased, and that said Will together with the proof thereof, has been recorded in my office I Book C of Wills at page 429. In testimony whereof, I have hereunto set my hand and affixed the seal of said Probate Court, on this the 24th day of July, A.D., One thousand Eight hundred and ninety nine. J. C. Wood, Judge of Probate Court Lowndes County