Will of William M. Brightman, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/willbookd/wbright.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 ================================================================================ September 1999 William M. Brightman was born in New York on Jan. 31, 1828 and died Jan. 8, 1908 in Lowndes Co., AL. He married Mary E. Tobler on Aug. 28, 1856. She was born Jan. 30, 1833 and died Nov. 10, 1872. They had the following children: Willett T., Charles H., Margaret "Maggie", Mary Carolyne, and LaRue. William and Mary are buried in the Hayneville Cemetery, Hayneville, Lowndes County, AL. All children except Charles H. are named in the will. Charles H. died in Poughkeepsie, NY on Sept. 18, 1883. Will of William M. Brightman, Lowndes County, Alabama Will Book D, pages 62, 63 The State of Alabama, Lowndes County In the name of God, Amen. I, William M. Brightman, do hereby make and publish this my last will and testament. 1st: I give, devise, and bequeath to my beloved children herein named all the property of any kind of description of which I die possessed or in any way entitled to, of my come to my estate after my death, share and share alike, that is to say: To my son Willett T. Brightman one fourth of all my estate and to each one of my other three children, to-wit: Margaret L. McWhorter, Mary C. Haigler, and LaRue Brightman, each one forth of all my estate to have and to hold the same to their heirs and assigns in fee simple forever. 2nd: If any of my said children died before receiving his or her share of my estate, leaving no children or other descendant, then the share hereby bequeathed and devised to such one shall belong to and be divided equally among the survivors of my said children; and if any of my said children die before my death of before receiving his or her share hereby devised, leaving children, the issue of his or her body, than such share, so devised, shall belong to and vest in the child or children of such one, so dying; it being my will and intention that the child or children of such deceased child, shall in all cases take the share which the parent would have taken if living. 3rd: I nominate and appoint my sons, Willett T. Brightman and LaRue Brightman, to be executors of this my last will and testament. I exempt my said executors, either jointly or severally, from giving any bond or security as such executors, and them or either of them from making any return to any Court of their actions as said executors unless they shall deem it necessary for their own protection. They or either of them shall not be held liable for errors of judgment. Should either of my executors die before the full and final settlement of my estate, then the surviving executor is hereby clothed with all the power conferred upon them jointly by the terms of this will. My purpose and intention by this writing is to invest my said executors with the power to do all things and acts in the management of my estate that I could do, if living, and without the permission or order of any Court of law. 4th: Such lands as I may died possessed of, if not divided or sold by consent of all my children, may be sold by my executors at public outcry on such terms as they may deem best for the interest of my estate. 5th: Being an equal partner with my son, Willett T. Brightman, in the mercantile business of W. T. Brightman & Co., and as it may be for the best interest of my estate that said mercantile business of said W. T. Brightman & Co., be continued after my death, I hereby declare my will and desire that said mercantile business of the said W. T. Brightman & Co., be continued the year following my death, but If my said executors should decide that a further continuance of the business is necessary to preserve the interests of my estate, they are hereby authorized and empowered to continue said business two years after the close of the year of my death but no longer. In Witness whereof, I herewith set my had and seal this first day of September 1898. W. M. Brightman (L.S) Signed in our presence and attested by us in presence of the testator and of each other. J. D. Reese J. M. Salley The State of Alabama, Lowndes County Probate Court In the matter of the Probate and record of the last will and testament of W. M. Brightman, deceased. Before me, J. C. Wood, Judge of the Probate Court in and for the county and state aforesaid, personally appeared in open court J. M. Salley who, having been by me first duly sworn and examined, did and does depose and say that himself and J. D. Reese 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 W. M. Brightman, deceased, late and inhabitant of his county, that the said W. M. Brightman, 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; 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 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 wa on the day of the date of said will of the full age of twenty 0ne years and upward and a resident of this county. J. M. Salley Subscribed and sworn to before me This 20th day of January, A. D. 1908 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 ma as the Judge thereof, been duly proven by the testimony of J. M. Salley, subscribing witness to be thegenuine last will and testament of W. M. Brightman, deceased, and that the said will together with the proof thereof has been recorded in my office in Book No. D of wills at page 62. In witness whereof, I have hereunto set my had and affixed the seal of said Probate Court on the twentieth day of January, A. D., One Thousand, nine hundred and eight. J. C. Wood Judge of Probate Court Lowndes County, Alabama