Lowndes County AlArchives Wills.....Hattemer, John Francis April 11, 1908 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 May 9, 2009, 10:36 pm Source: Lowndes County Will Book D, Page 68-70 Written: April 11, 1908 Recorded: July 15, 1908 The State of Alabama Lowndes County I, John Francis Hattemer of Fort Deposit, in said county, being of sound mind and memory, do hereby make, ordain, publish, and declare this my last will and testament, hereby revoking all other wills and codicils by me heretofore make. First: I desire all of my just debts to be paid as soon after my death as in convenient and practicable. Second: I hereby will, devise and bequeath to my beloved wife, Jessie L. Hattemer, my homestead in the town of Fort Deposit, Lowndes County, Alabama, being the place upon which we now reside, the same comprising about seven acres, together with all the Appurtenances rights and easements, thereunto belonging. To have and to hole the same unto the said Jessie L. Hattemer, absolutely, her heirs and assigns, in fee simple forever. And I also will, devise and bequeath to my said wife all the household and kitchen goods, furniture and fixtures of which I may died seized and possessed. The reasonable value of the homestead and household and kitchen goods, furniture and effects hereinabove devised and bequeathed to my said wife, Jessie L. Hattemer, is the sum of Five thousand dollars. In the event I should sell and dispose of said homestead and said household and kitchen goods, furniture and effects and should purchase another homestead and other household and kitchen goods, furniture and effects, then I hereby will and devise to my said wife, Jessie L. Hettemer, said other homestead and household and kitchen goods, furniture, and effects so purchased by me. To have and to hold the same unto the said Jessie L. Hattemer, absolutely, her heirs and assigns, in fee simple forever. In the event said homestead and household and kitchen goods, furniture and effects purchased by me shall at the time of my death be less value than the sum of five thousand dollars, then it is my will and desire that my said wife, Jessie L. Hattemer, shall receive in cash the difference in value between the some of five thousand dollars and the reasonable value of said homestead and household and kitchen goods, furniture and effects. In the event I should sell and dispose of my homestead in Fort Deposit, Lowndes County, Alabama, upon which I now reside, and the household and kitchen goods, furniture and effects now in and on said homestead, and at my death I do not own another homestead, it is my will and I do hereby devise and bequeath to my said wife, Jessie L. Hattemer, the sum of five thousand dollars in cash to be paid to her out of my estate. Third: In case my death should be the result of accident, I will devise and bequeath to my said wife, Jessie L. Hattemer, one half of whatever sum or sums may be collected by my executrix or personal representative on my accident insurance policies held by me at my death and the same shall be paid to her as soon as collected. Fourth: I hereby will devise and bequeath to my said wife, Jessie L. Hattemer, my policy of Life Insurance No. 126377 in the Penn Mutual Life Insurance Company of Philadelphia, for five thousand dollars, issued October 10th, 1897, also ten shares of stock now held by me in the Exchange National Bank of Montgomery, Alabama, and twenty five shares of stock no held by me in the New Farley National Bank of Montgomery, Fifth: I hereby will, devise and bequeath to my brother Hermann Henreich Hettemer, of Stettin, Germany, the sum of Five thousand dollars in cash to be paid to him out of my estate by my executrix hereinafter named. In case I survive my said brother, it is my will and desire that said sum of five thousand dollars hereinabove bequeathed to him, shall go to the widow and two daughters of my said brother or those of them who may be surviving at the time of my death. Sixth: I hereby devise and bequeath unto my children, the fruits of my marriage with my beloved wife, Jessie L. Hettemer, and to those who may hereafter be born to us all my property real, personal and mixed, and all my property of every kind to which my estate may be entitled at my death, not hereinabove specifically willed, devised and bequeathed, including policies of insurance on my life, which are made payable to me or my estate, other than the policy for five thousand dollars in the Penn Mutual Life Insurance Company hereinabove specifically devised to my said wife, Jessie L. Hattemer, and other than those insurance policies on my life which are made payable to said Jessie L. Hettemer. To have and to hold the same unto the said Children, the joint issue of our bodies, in fee simple forever, share and share alike. Seventh: It is my will that in case any of my children die before receiving his or her share in my property, leaving children or child, than such child or children shall take the share which its parent would take if living. Eighth: I nominate and appoint y wife, Jessie L. Hattemer, to be guardian of our minor children and exempt her from giving many bond as such guardian. Ninth: In as much as I have been paying the premiums upon a life insurance policy held by my son John P. Hattemer, Jr., in the Penn Mutual Life Insurance Company, for the sum of ten thousand dollars, the same being policy No. 148797, bearing date of issuance June 22, 1899, the amount of said yearly premiums being $276.80, and the amount of premiums already paid by me, being the sum of 1809.20, and inasmuch as the premiums on said policy of insurance above named have been reinsured in said Penn Mutual Life Insurance Company, the amount of the annual premium on the same being $57.41 and the number of said policy being 242639 and inasmuch as said annual premiums amounting to $114.82 have already been paid by me and as it is my desire to continue to pay the premiums upon each of the above named policies of insurance, it is my will and desire that the amounts already paid by me on said premiums and the amounts that will be paid out by me, save and except the sum of one thousand dollars, shall be treated as advances by me to the said John P. Hattemer, and that all sums over and above one thousand dollars which have been paid ot or may be hereafter paid out by me on said insurance premiums shall be a charge against the distributive interest and share of the said John P. Hattemer, Jr. in my estate, ant that said sums over and above one thousand dollars shall without interest be deducted for said distributive share of the said John P. Hattemer, Jr. It is also my will and desire that all other advancements that may be made by me to my son, John P. Hettemer, Jr., and all advancements made to any of my other children during my lifetime, either in money or property, shall without interest be deducted fro their respective distributive shares in said estate, said advancements in property to be estimated at is reasonable market value at the time of making the same. Tenth: I hereby nominate and appoint my beloved wife, Jessie L. Hattemer, Executrix of this my last will and testament, and exempt her from giving bond or security as such. I hereby empower my said executrix to make repairs or improvements on any real estate conveyed by this will and settle, extend, secure or compromise any debts belonging to my estate without any order of Court and exempt her from making any reports to any Court, except a final settlement which she may make for her own protection if she desires. Eleventh: If at the time of my death I am engaged or interested in any mercantile or other business, I hereby authorize and empower my executrix to conduct and carry on said mercantile or other business in such manner and for such length of time as the interests of my estate and the legatees thereof may require. In witness whereof, I have hereunto set my hand and seal in duplicate, on each to have the force and effect of an original, this 11th day of April 1908. John Francis Hattemer (L:S:) The foregoing was subscribed in presence of John Hattemer after he had declared the same to be his last will, and is attested by us in his presence and in the presence of each other on the day above written: J. Lee Priester B. F. Hardy J. Frank Hattemer, Jr. The State of Alabama Lowndes County Probate Court In the matter of the probate and record of the last will and testament of John Francis Hattemer, deceased. Before me, J. C. Wood, Judge of said Court, personally appeared J. Frank Hattemer, Jr. and J. Lee Priester, who having been by ne respectively sworn and examined, depose and say that each of them is a subscribing witness to the instrument of writing now shown to them and which purports to be the last will and testament of John Frances Hattemer, deceased, late an inhabitant of Lowndes County, Alabama. That said John Francis Hattemer since deceased, signed and executed said instrument on the day same bears date, and declared the same to be his last will and testament, and that affiants respectively set their signatures thereto, on the day the same bears date, as subscribing witnesses to the same, in the presence of said testator and the other subscribing witness to said will. That said testator was of sound mind and disposing memory and in the opinion of deponents fully capable of making his will at the time the same was so made, as aforesaid, that said testator was on the day of the date of making said will of full age og twenty one years and upwards. J. Frank Hattemer, Jr. J. Lee Priester Subscribed and sworn to before me this 15th day of July 1908. J. C. Wood Judge of probate of Lowndes County The State of Alabama Lowndes County I, J. C. Wood Judge of the Court of probate in and for said county, do hereby certify that the within instrument of writing has this day in sid Court and before me as the Judge thereof, been duly proven to be the genuine last will and testament of John Francis Httemer, deceased, and that said will together with the proof thereof, have been recorded in my office in Book of Wills Number D, pages 68, 69, and 70. In witness whereof, I have hereunto set my hand and seal of the said Court on this the 15th day of July 1908. J. C. Wood Judge of probate Lowndes County, Alabama Additional Comments: John Francis Hattemer was born December 12, 1853 in Germany and died June 26, 1908. He is buried in Myrtlewood Cemetery, Fort Deposit, Lowndes County, Alabama. John married Jessie Lane Lee, daughter of Richard Henry Lee & Mary Ellen Reid on November 11, 1879 in Lowndes County, Alabama. They had at least 10 children. Not all survived hime. 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