Will of Samuel McQueen, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookc/smcqueen.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: Rae V. Calvert ================================================================================ August 2002 Will of Samuel McQuen Lowndes County, Alabama Will Book C, pages 46 - 49 "STATE OF ALABAMA } COUNTY OF LOWNDES } KNOW ALL MEN BY THESE PRESENTS THAT I, Samuel McQueen of Sandy Ridge, Lowndes County, State of Alabama, considering the uncertainty of life, being of sound mind & memory, do make, declare, and publish this, my last Will and Testament. "I give and bequeath to my beloved wife, Elizabeth, her lawful interest in the landed estate upon which I am now farming. Furthermore, I bequeath unto her two negros to possess her lifetime, namely, Byrd Alios Virgil, a man, and Mary, a woman, his wife. In addition, I give unto her the right to hold and abide in at her option during her lifetime my homestead on Sandy Ridge where we now reside, together with the household furniture and kitchen utensils. But should it be the choice of my wife, Elizabeth, to reside on my plantation, then it is my will that my house and lot on Sandy Ridge shall be sold whenever this can be done at something like the true value of said property; otherwise it shall be rented out until it can be sold at something like a fair price and also it is my will that in case she should remove to said plantation, she shall have the right to reside there during her lifetime. "I will further that my wife, Elizabeth, shall have her lawful interest in the stock, farming utensils, the cows & fodder & the household and kitchen furniture of the plantation. "Secondly - It is my will that my children shall reside with their mother, that the property be held together and the farming carried on as I leave it during the lifetime of my wife with this exception. If any of my daughters should marry & they desire to leave the place, the property hereinafter willed to such daughter or daughters shall be set apart to her or them together with their equal share of the money on hand at the time of their leaving; also an equal share of the mules or horses, hay & cattle, beds, bedsteads & bed clothing and effects to be judged of by my executors. "Secondly - I give and bequeath unto my son, John Wesley, two negros, namely, Fleming, a man, and Elga, his sister, and I bequeath unto him at the death of his mother, also, my entire landed estate upon which I am now farming provided he remains on the place with his family, personally attends to the carrying on of the business of the place, draws an equal share with the other heirs of the proceeds of the crops, takes good care of his mother and sisters and manages the business judiciously and for his services he shall receive annually one hundred dollars extra. Furthermore It is my will even after the death of his mother, he shall take care of his sisters who may be single at the time of his mother's death and manage the business of the place as aforesaid. "But if my son, John Wesley, shall fail to carry out the above provisions of my will, my aforesaid landed estate shall be sold at the death of my wife, Elizabeth, and the proceeds of such sale shall be divided out equally among the heirs of my said estate. "It is my Will, further, that upon a final division and separation of the property of the estate, he shall have an equal portion with the other heirs of the moneys, stock, beds, bedding, etc. of the estate. "Thirdly - I give and bequeath to my daughter, Alice, Sylvia, a negro woman, and Walton, a negro boy. "Fourth - I give & bequeath to my daughter, Mary Ann, two negros, Amanda, a woman, and Reuben, a boy. I further bequeath unto her a negro child yet unborn and with which a negro woman named Mary bequeathed above to my wife, Elizabeth, is now pregnant. But in the event that such child should not be born alive, the value of a negro child shall be made up to her from the property of any one of the other heirs. The value of whose property shall be sufficiently above the average value of the property of the other heirs to furnish the value of such negro child without diminishing the value of the property of said heir below the average value of the property of the others. But in case this cannot be done in the judgment of the executors, then my executors shall be authorized to make up to my daughter, Mary Ann, the value of a negro child out of any money that may belong to the estate, thereby making her negro property equal in value to the other property of the other children. "Fifthly - I give and bequeath to my daughter, Rachel Ann, the following negros: Jack, a boy, and Matilda, a girl. "Sixthly - I give and bequeath to my daughter, Elizabeth, the following negros, to-wit: William, a boy, and Ann, a girl. "Seventhly - I give and bequeath unto my daughter, Martha, the following negros, to-wit: Adline, a girl, and Lucy, a girl, and I further will that if my daughter Mattie should outlive her mother, she shall have the negro woman named Mary above bequeathed to her mother, at her mother's death. Except any increase of children said negro may have, which I desire should be equally divided among all the children. "Furthermore, it is my will that if the proceeds of the crops should not be sufficient to defray the expenses of the estate, the executors are hereby authorized to use such funds as may belong to said estate in defraying said expenses. "It is also my will that all moneys and assets not needed by the estate shall be kept at interest and that the proceeds of the sale (should such sale be made) of my home and lot at Sandy Ridge shall be disposed of in the same manner. "It is my will that the property belonging to my wife at her death shall then be equally divided out among all the children. "It is my will that the PianoForte be kept for the use of the family generally, one as much as another. Provided the family should all agree to sell it, then it is my will it should be sold. I will explain further with regard to the second article or paragraph of my will to my wife & the farm & crops or division of the crops. It is my will that the entire estate be kept together, that is the farm kept w/i the property all kept together and the expenses of the family paid out of the proceeds of the crops if sufficient as heretofore stated regardless of any division of negros provided as heretofore stated, that if any of my daughters should marry, then, as before stated, such daughter or daughters shall be entitled to receive their interest or property as heretofore stated and I do hereby make, constitute, and appoint Richard H. Cross, A. B. McWhorter, and my son, John Wesley, my executors to this my last Will and Testament. "In witness whereof, I, the said Samuel McQueen, have hereunto set my hand and seal this the twenty-eighth day of January, eighteen hundred & sixty-two. "SIGNED, SEALED & DELIVERED in the presence of each one of us: THOS. P. WILLIAMSON S. F. McQUEEN SAMUEL McQUEEN (seal)." Ure. S. WILLIAMS