Will of Caswell William Garrett, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/cwgarrett.txt ==================================================================== USGENWEB PROJECT NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Carolyn Golowka ==================================================================== May 2002 Will of Caswell W. Garrett Lowndes County, Alabama Will Book D, pages 182 - 183 State of Alabama } Lowndes County } I, Caswell W. Garrett, of Hayneville, aforesaid state and county, being of sound mind and body, but knowing the uncertainty of life, do make, publish and declare this to be my last will and testament. Item 1st. I direct that all my just debts be paid by my executrix as soon after my death as practicable. For this purpose my executrix may use any money left by me or may convert into money such personal property as in her discretion may seem best, or may use proceeds of policies of insurance upon my life; and it is my desire and I direct that the proceeds of such policies shall not be used for that purpose unless the money and personal property left by me shall not be sufficient for that purpose. Item 2d. I hereby give, devise and bequeath to my wife, Eva Freeman Garrett, all my property, real personal and mixed, of which I may die seized or possessed or in which I may be in any way interested to have and to hold and the rents and means and profits thereof to use and enjoy during her natural life and widowhood; but upon her death or should she marry again, than all the said property shall vest share and share alike in my children Georgia Garrett, Mary Garrett, Pauline Garrett, Eva Garrett and Nancie Garrett, now living; and such other children as may hereafter be born to me by my said wife, Eva Freeman Garrett. Should any of said children die leaving a descendant or descendants living then the share of such deceased child shall go to his or her said descendant or descendants. Should any of said children die without descendant or descendants living, then the share of said deceased child shall be divided amongst its surviving brothers and sisters of the shole blood, the said surviving brothers and sisters taking each one share and descendants of each of such deceased brothers and sisters taking one share. Item 3rd. I hereby invest my said wife, Eva Freeman Garrett, as executrix, with full power without order of court to sell in her discretion for the purpose of reinvestment or for the purpose of paying debts owing by me directed to be paid by first item hereof any personal property hereby bequeathed; and further invest her with full power to sell for the purpose of reinvestment any real property hereby devised, except the Cheek Place, the old Garrett Home place, the Gilchrist place, and my half interest in the Freeman place and she shall have no power to sell either or any of said four last named places for any purpose. Item 4th. My executrix hereinafter named shall have full power and authority to execute the powers conferred by this will and to carry out all of its provisions without any order of court, and she shall not be required to make any report of any of her acts or doings hereunder to any court. Item 5th. I hereby appoint my beloved wife, Eva Freeman Garrett, executrix of this will and expressly relieve her from giving any bond as such. In witness whereof I have hereunto set my hand this the 30th day of June, 1905, in the presence of N. G. James and E. L. James who have at my request signed the same as witnesses in my presence on said day. C. W. Garrett Signed and declared to be his last will and testament by the said Caswell w. Garrett in the presence of each of us on the date named above and each of us in his presence and in the presence of each other at his request has signed the same as a witness. N. G. James E. L. James The State of Alabama } Probate Lowndes County } In the matter of the Probate of the last will and Testament of C. W. Garrett, deceased: Before me, J. C. Wood, Judge of Probate Court in and for the county and state aforesaid, personally appeared in open Court, N. G. James, who, having been by me first duly sworn and examined, did and does depose and say that he, N. G. James, and E. L. James are subscribing witnesses to the foregoing instrument of writing now shown to said affiant, and which purports to be the last will and testament of C. W. Garrett, deceased, late an inhabitant of this county. That the said C. W. Garrett, 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 the presence of the testator and at his request and in the presence of teach other and that said testator was of sound mind and disposing memory and understanding and in the opinion of affiant, full capable of making his will at the time the same was so made as aforesaid. And deponent further states that said testator was on the day of the said will of the full age of twenty one years and upward and a resident of the county. N. G. James Subscribed and sworn to before me the 20th day of October 1916, AD. J. C. Wood, Judge of Probate