Will of Avington B. Caffey, Montgomery, Alabama http://files.usgwarchives.net/al/montgomery/wills/abcaffey.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 ==================================================================== January 2002 Last Will of Avington B. Caffey Montgomery County, Alabama Will Book Volume 4, Pages 165 - 166 The State of Alabama } Montgomery County } I, Avington B. Caffey, being duly impressed with the uncertainty of life, and being of sound mind, do hereby make my last will and testament. 1st: It is my will and desire that my father and mother, Michael Caffey and Christina Caffey, have the use of the house they now occupy, and that part of my plantation which they cultivate, as a home for them, as long as they life; and if either of them died and circumstances render it unadvisable for the other to keep house, it is my desire that the surviving one has a home in my family and be properly taken care of. If they or either of them should live to be unable to labor, it is my desire that my family or executor make suitable provisions for them. 2nd: It is my will and desire that my property be kept together, and that my wife keep and control all my property, both personal and real, except so much as may be necessary to pay my just debts, and to carry out my desire with regard to my parents until my youngest child becomes of age or marries, for the purpose of raising and educating my children. It is further my desire that my wife, or executor, pay to my children as they respectively become of age or marry, the sum of two hundred dollars each, or its equivalent, as may be agreed upon provided it can be done without materially impinging my wife or younger children. 3rd: It is my will and desire that if my wife should marry or die before my youngest child becomes of age or marries, that my executor sell all my remaining estate according to law, and that my wife, if living, have her lawful share, and the remainder distributed among my surviving heirs as the law directs. 4th: If my wife lives and remains single until my youngest child becomes of age, it is my will and desire that she then take her dowry of the real estate, and her distributive share of the personal estate and that the remainder be equally divided among my surviving heirs. 5th: I do hereby nominate and appoint Elizabeth Caffey and J. M. Herrington as Executors of this my last will and testament. In witness whereof, I have hereunto set my hand and seal this 17th day of August, 1858. A. B. Caffey (SEAL) Attest A. Boyd W. M. Harris WM. F. Rushton The State of Alabama } Montgomery County } Personally appeared in open court, Martin F. Ruston, a subscribing witness to the foregoing paper writing and after being duly sworn, doth depose and say that he was present and saw Avington B. Caffey whose is signed to the foregoing paper writing, sign and seal the same as and for his last will and testament; that he, this said A. B. Caffey, at the time he signed said paper, writing, was of a sound, disposing mind, memory and understanding; that he, this deponent, signed said paper writing in the presence of and at the request of said Avington B. Caffey, and in the presence of Alfred Boyd and W. M. Harris the other subscribing witnesses, the day and date the same bears date; and that A. Boyd and W. M. Harris also subscribed their names then and there. Sworn to and subscribed before Martin F. Rushton Me this 24th September 1858 David Campbell, J.P.M.C The above instrument was admitted to Probate as and for the last will and testament ofAvington B. Caffey, died, on the 24th day of September 1858.