Perry County AlArchives Wills.....Martin, Levi January 3 1873 ************************************************ 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: Katherine Danner kdsoccer43@aol.com January 18, 2005, 3:55 pm Source: Family History Library Film #1290345 Written: January 3 1873 In the name of God Amen I Levi Martin being of sound mind and disposing memory and being desirous of making some suitable disposition of the worldly goods effects property and estate with which the good Lord has blessed me to take affect at my death do make and publish this my last will and testament hereby revoking all former wills by me at any time made. I command my spirit to God who gave it and with hope of a joyful resurrection I commit my body in Christian burial to the earth in the cemetery at Asbury, Perry County, Alabama according to the direction and discretion of my executors herein after named: I. I direct all my just debts including funeral expenses and the expenses of administration to be paid by my executors. II. I give bequeath and devise unto my daughter Alabama Vannorden the one third undivided interest of the homestead where I now reside together with all the appurtenances thereunto belonging which homestead I value at eight thousand dollars and which is now particularly described as the South half of section twenty seven in Township sixteen and range six cash containing three hundred and twenty acres more or less. III. I give devise and bequeath unto my daughter Alice Martin the one third undivided interest in my homestead being the same which I have given to my daughter Alabama Vannorden. IV. I give bequeath and devise unto my son Robert S Martin and my daughter Alabama Vannorden the remaining one third undivided interest of my said homestead in trust for the following purposes: to manage and control for the use and benefit of my grand daughter Marcia Vannorden who is the daughter of my deceased daughter Elzia Vannorden for the purpose of providing for my said grand daughter a comfortable home and suitable and proper education and maintenance until she shall marry or arrive at the age of twenty one years. This my will and desire that my daughters Alabama Vannorden, Alice Martin, my grand daughter Marcia Vannorden shall live together at my homestead and farm together the trustees herein named acting for Marcia during her minority or until she shall marry. V. If my said grand daughter Marcia Vannorden shall die before she is of such age of 21 years or before her marriage and die without issue then in that event it is my will and desire that the property herein given to Robert S Martin and Alabama Vannorden as trustees for Marcia Vannorden shall be divided and distributed amongst my heirs allow according to the present laws of the State of Alabama governing descent and distributions. I devise that the property I give and bequeath to trustees for the use and benefit of Marcia shall be forever free from the control or interference or supervision of Peter Vannorden. VI. In the event of the death of Alabama Vannorden without issue of her body then living it is my will and desire that her share of said homestead and all other property given or bequeathed to her by me shall be divided amongst my heirs at law according to the law of Alabama the same as if I had died intestate. But being desirous of making some provision for my son in law Abraham Vannorden after the death of his wife Alabama without issue should he be then living it is my will and desire that the share of my said homestead which I give to Alabama shall be charged with an amount payment at the end of each year of eight percent upon its valuation at the time to Abraham Vannorden during his natural life. If my heirs to whom this share ____ in this amount shall give a bond jointly or severally for the payment of the annuity to Abraham Vannorden then they shall be entitled to the possession of said share But if they should fail to give such land as to pay such annuity then it is my will and desire that Abraham Vannorden shall hold and enjoy the possession and receive the rents and profits of Alabama’s share of my homestead so long as he shall live and that at his death it be divided amongst my heirs at law as provided above. VII. I give bequeath and devise unto my sons Robert S. Martin and Abner G. Martin to be divided between them equally share and share alike my tract of land known as the Saltmarsh Tract containing two hundred and eighty acres and which I value at three thousand five hundred dollars. I wish the division to be made equally by a line running east and west so as to divide said tract of land into two equal parts. VIII. I give and bequeath to my daughter Victoria Blanks seventeen hundred and fifty dollars in money to be paid to her twelve months after my death. I make this a specified legacy and chargeable upon all the property of my estate and direct that it be first paid after the payment of my debts out of any property of my estate. IX. I have given to my son Robert five hundred and fifty dollars worth of property and have put improvements upon the land herewith used by him to the value of five hundred dollars which I charge as an advancement. I have also advanced to my dearest daughter Elzia Vannorden the mother of Marcia Vannorden four hundred dollars. I have advanced to my daughter Victoria Blank four hundred dollars. It is my will and desire that these advancements shall be accounted for by my children and their descendants on a final settlement of my estate. X. I owe my daughter Alabama five hundred dollars without interest which I wish paid out of my estate. XI. All the rest residue and remainder of my property of every kind which I may devise at my death I desire my executors or the one who may qualify as executor to sell at a public auction as soon as may be practicable after my death. I desire the real estate except that which I have given and bequeathed by this will to be sold at the public sale at my residence for one third cash the balance on a credit for twelve months tithes to be made on the payment of all the purchase money all in personal property I desire to be sold at the same time and place for cash and empower my executor to sell and convey said property. XII. The proceeds of the sale of land and personal property and all money which my executor may receive from any source whatever after the payment of my just debts and the expenses of my burial and administration I desire to be paid as of allows; I desire my daughter Victoria Blanks to be paid the Legacy of seventeen hundred and fifty dollars and should there not be enough money for this purpose I charge the whole of my real property with this legacy and direct that the advancements I have made to my children be re-paid to me executors in the proportions in which the advancements have been made until this legacy is paid. It being my will and desire to make the share of property which I have heretofore given to each child and which I give them under this will equal to the share of each of the others; and that the descendants of any of my children who may be dead or who may die hereafter shall receive the share of said parent and account for the advances that have been made to the parent. To this end I create a lien on all the real estate of those who have received more in favor of those who have received less until all are made equal on a final settlement. XIII. This my will and desire that the property which I bequeath and give unto my daughter and the issue of her body shall not in any count or contingency go into the hands of Abraham Vannorden or be subject to his management and control if my daughter Alabama should die leaving her surviving a minor child or children or a minor descendant of her then and in that event it is my will and desire that my son Abner G. Martin receive manage and control the share or shares of such child or children or descendants according to his sound judgment and discretion so as to provide for the maintenance education and support of such minor during minority. XIV. I hereby constitute and appoint my son and daughter Robert S Martin and Alabama Vannorden the executor and executrix of this my last will and testament and I desire that no security may be required of them for the faithful performance of their duties as such executor and executrix. In witness whereof I have hereunto affixed my hand this 3rd day of January AD 1873. Attest Levi Martin John W Bush P H Pitt State of Alabama Perry County Probate Court of said county. In the matter of the Probate of the last will and testament of Levi Martin deceased Before me Porter King Judge of the said Court John W Bush P. H. Pitts Jr. who having been by me first respectively duly sworn & examined did & do depose & say on oath that they are each subscribing witnesses to the instrument of writing now shown to them & which purports to be the last will & testament of Levi Martin deceased late an inhabitant of this County and that said Levi since deceased signed & executed said instrument on the day the same bears date & declared the same to be his last will & testament and that affiants by his direction set their signatures thereto on the day the same bears date as subscribing witnesses to the same in the presence of said testator; That said testator was of sound mind & disposing memory & in the opinion of deponents fully capable of making his will at the time the same was so made as aforesaid affiants further state that said testator was on the day of the said date of said will of the full age of twenty one years and upwards. Subscribed to & Sworn unto before me this 2nd day P H Pitts Jr of October 1879 J W Bush Porter King Judge File at: http://files.usgwarchives.net/al/perry/wills/gwl59martin.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 10.5 Kb