Will of Jane Phillips Owen, Montgomery, Alabama http://files.usgwarchives.net/al/montgomery/wills/jpowen.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 Archives to store this file permanently for free access. This file was contributed by: Rae Venable Calvert < CR831@aol.com> ==================================================================== May 2003 THE STATE OF ALABAMA } CITY AND COUNTY OF MONTGOMERY } I, Jane P. Owen, wife of Lewis Owen, make and declare this to be my last will and Testament. 1st. I die in faith and communion of the Methodist Episcopal Church and direct my decent and proper interment to be paid for out of the estate I may leave; any debts I may owe I wish also to be paid at as early a day as may be. 2nd. I appoint my husband executor of this will and trustee of my property as long as he may live and release him from any duty or legal liability to give any bond or sureties or such. I place him in entire control of my property during his lifetime under the disposition and hereinafter mentioned and for his services in this behalf, and the care and interests of my grandchildren hereinafter provided for, I direct that out of the income of the property I may leave, my husband, the said Lewis Owen, as a joint participant with my grandchildren, shall be entitled to a decent support in food and rainment during his life and to a decent and proper burial and funeral at his death. 3rd. At the death of my husband, the said Lewis Owen, I direct that my two sons, P. H. Owen and L.J.P. Owen, be executors of my will and trustees of the property I may leave and I release them from giving bond or surety as such. Each, after all incumbrances and debts are paid, to have the control and management of the property which will come to their children separately and not as a joint trust save as the same may be necessary to pay off my debts or incumbrances that may remain on the property I may leave; and I direct out of the income and proceeds of the property, I leave and devise to the two families of children separately, they and their families shall severally, that is, the said P. H. and the said L.J.P. shall participate in share with the said children respectively, the maintenance and support which income succeeds to the several sets of children under this will. This to each my said sons separately to be enjoyed by the families separately and as a family in consideration of the services they will [perform] under this trust and for other good and sufficient reasons. 4th. There are mortgage incumbrances on my property; these I desire paid and discharged out of the income of the property as fast and as soon as it can be done. Should the income not be sufficient to pay off the incumbrances, I authorize and empower my executors successively to sell or mortgage the plantation after described for the purpose of paying off such incumbrances. The plantation contains three hundred and twenty acres, one half in Montgomery County and the other half in Lowndes. 5th. The foregoing direction and trusts are first to be looked after and every other direction I have given or may give is subordinate to them. Subject to these trusts, I give and devise to the children of P. H. Owen the western of the two stores I own on South Monroe Street recently constructed adjoining house known as the Lee House and one undivided half of said boarding house known as the Lee House; also that part of my said plantation which is in Montgomery County. 6th. Also subject to said trusts, I give and devise to the children of L.J.P. Owen the eastern of said two stores [on] South Monroe Street the remaining undivided half of said boarding house adjoining and that part of the plantation which is in Lowndes County. 7th. The devises to the children of my two sons shall issue to them separately as classes and not be disposed of or divided among themselves save as the same may become necessary to pay off existing incumbrances until the youngest of the several classes now in being shall respectively reach the age of twenty one for males and eighteen for females, and the several divisions shall be to those then living and the descendants of such as may have died leaving issue living, such descendants taking per stirpes; and this provision and item includes any children that may be hereafter born to my said two sons or either of them. 8th. Any and all personal property I may leave to be equally divided between the two classes of grandchildren after the death of my husband or sooner at his discretion with the exception that I reserve to myself during life and to my husband after my death should he survive me, the right and discretion of dividing said personal property in whole or in part between said grandchildren as either of us may elect to do; and to the extent this power is executed, the division must be treated as so far made or a writing may be made by either of us which is binding on all parties concerned and an execution of this clause of the will. Signed and declared as my last will and testament this July 4th, 1888. In Presence of J. P. Owen Geo W. Stone Jas H. Hardaway" The Probate record reads as follows: THE STATE OF ALABAMA } PROBATE COURT MONTGOMERY COUNTY } In the matter of the probate of the last will and testament of Jane P. Owen, deceased. Before me, F. C. Randolph, Judge of Probate Court in and for the County and State aforesaid, appeared in open court Geo. W. Stone and Jas. H. Hardaway, who having been by me first duly sworn and examined, did and do depose and say that they are subscribing witnesses to the foregoing instrument of writing now shown to the said affiants and which purports to be the last will and testament of Jane P. Owen, deceased, late an inhabitant of this county, that the said Jane P. Owen since deceased signed and executed said instrument on that day the same bears date and declared the same to be her last will and testament and that affiants set their signature thereto on the day the same bears date as subscribing witnesses 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 in the opinion of affiants fully capable of making her said will, at the time the same was so made as aforesaid, and deponents further state 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. Geo. W. Stone Jas. H. Hardaway SUBSCRIBED AND SWORN to before me this 23rd day of June, A. D. 1893. F. C. Randolph Judge of Probate Court Montgomery County THE STATE OF ALABAMA } MONTGOMERY COUNTY } I, F. C. Randolph, 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 me as the Judge thereof, been duly proven by the Testimony of Geo. W. Stone and Jas. H. Hardaway, subscribing witnesses, to be the genuine last will and Testament of Jane P. Owen, deceased, and that said will, together with the proof thereof, has been recorded in my office in Book No. 6 Of Wills at page 286. In witness whereof, I have hereunto set my hand and affixed the seal of said Probate Court on this the 23rd day of June A. D. One Thousand Eight Hundred and Ninety-Three. F. C. Randolph, Judge of Probate Court, Montgomery County