Will of Sarah M. Cooner, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookd/scooner.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 ================================================================================ July 2003 Will of Sarah Cooner Lowndes County, Alabama Will Book D, pages 56-57 The State of Alabama } Lowndes County } In the name of God, Amen! I, Sarah M. Cooner of said State and county being of sound mind and memory, do hereby make and publish this my last will and testament, hereby revoking all former wills by me made. Item 1. I direct that my executer place over my grave a tombstone similar to that over the grave of my deceased husband. Item 2. I give and bequeath to Ida Howard, the daughter of my kind and esteemed friend H. M. Howard the sum of Five hundred dollars. Item 3. I give devise and bequeath to Russell Cooner Hockinsmith, son of my niece, Mollie, the following described lands to wit: N.W. ¼ of N.E. ¼ and ten (10) acres off the N.E. ¼ of N.E. ¼ of Section twenty eight (18) and all the part of East half of N.W. ¼ of said Section 28, lying East of the Raymonds and Levy Road all in Township Four (4) of Range One (1) West, lying and being in the county of Hinds, State of Mississippi, which tract of land is more particularly described in a deed executed to me by A. M. Granberry, and wife recorded in said county in Book of Deeds No 16, page 606. Also the entire right, title and interest in and to my deceased husbands estate acquired by me, by purchase from Mary Ellen LeSage under a conveyance from her to me which is recorded in Lowndes County Alabama. To have and to hold the same to the said Russell Cooner Hockinsmith, in fee. But in case the said Russell die before he arrive at the age of twenty one years, then in such event the estate hereby bequeathed to him, I give to his mother, my niece,, but if my said niece Mollie Hockinsmith also be dead at the time the said Russell shall died unmarried without children and under twenty one years of age, then the estate bequeathed by this clause, I give and bequeath to the persons mentioned in Clause Five (5) of this will to vest and be disposed of as the rest and residue of my property. Item 4. At the death of my husband Russell H. Cooner there were on his plantation six mules which have long since died, but I have supplied their places with other mules, and for the sake of carrying out my husbands will, it is my desire and I so will and direct, that at my death, those mules on his place to the number of six, to be selected by my executor, if there be more on the place, shall be regarded and treated, as the original mules belonging to my husbands estate, at his death, and vest and belong as the original mules, in lieu and in place of them and accounted for as such but this provision is not intended to affect the conveyance of Mary Ellen LeSage of her interest under my husbands will to me. 5. I give devise and bequeath to my nephews William H. Small, John Small, David Small, Daniel Small, Jasper Small and Josiah or Jo. Small, the children of John W. Small and to my niece Sarah Amelia Lewis, wife of George Lewis all the rest and residue of my property of every kind, real personal and mixed, to have and to hold the same to my said nephews and niece, equally share and share alike but in the event of the death of any of my said nephews, or my niece, before my death, or before taking under this will, then the child or children of the one so dying shall take the same which the parent if living should have taken. 6. In the event that the partnership now existing between H. M. Howard and myself shall continue until my death, I will and direct that J. M. Rudulph in whose integrity I have confidence shall represent my estate in settling the copartnership affairs between said H. M. Howard and my estate, and such settlement shall be reduced to writing and signed by both and when so made shall be as effectual and binding as if made by me in life and this provision is inserted to prevent the necessity of a resort to the Courts. 7. I give to my executors hereinafter named full power to rent or lease lands, collect or compromise debts due my estate without obtaining any order of Court. 8. I appoint and nominate my esteemed friend H. H. Howard, Executor of this my last will and testament and in case of his death or failure from any cause to act, then I name and appoint J. Murray Rudulph to be executor of this will and I exempt them from giving any bond or security as such. In witness whereof I hereunto set my hand and seal this 13th day of Feb. 1890. Sarah M. Cooner. (L.S.) Subscribed in our presence by S. M. Cooner after she has declared the foregoing to be her last will and attested by us in her presence the day above written. 1. Wm. H. Merritt. 2. E. W. Robinson. The State of Alabama } Lowndes County } Probate Court In the matter of the probate of the last will and testament of Mrs. S. M. Cooner deceased. Before me Judge of probate Court in and for the county and State aforesaid, personally appeared in open Court E. W. Robinson, who having been by me first duly sworn and examined, did and does depose and say that he and Wm. H. Merritt were subscribing witnesses to the foregoing instrument of writing, now shown to said affiant and which purports to be the last will and testament of Mrs. S. M. Cooner, deceased, late and inhabitant of this county, that the said S. M. Cooner, 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 that affiant set his signature thereto on the day the same bears date, as a subscribing witness to the same 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 is 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 upward and a resident of this county. Subscribed and sworn to before me this the Second day of July A.D. 1906. J. C. Wood Judge of probate Court. Lowndes County, Ala. State of Alabama } Lowndes County } I. J. C. Wood, Judge of the MM 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 the Judge thereof been duly proven by the testimony of E. W. Robinson, one of the subscribing witnesses, to be the genuine last wil and testament of Sarah M. Cooner, deceased, and that said will together with the proof thereof, has been recorded in my office in Book No D of Wills at Pages 56 and 57. In witness whereof I have hereunto set my hand and affixed the seal of the Probate Court on this the 2nd day of July A.D. 1906. J. C. Wood. Judge of the Probate Court.