Russell County AlArchives Wills.....Lokey, Benjamin August 29, 1850 ************************************************ 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: John Mallory Land newsompage@yahoo.com April 7, 2013, 3:50 pm Source: Russell County, Alabama, Probate Court Minutes, Book _, Pp. 20-21 Written: August 29, 1850 [Page] 20 // State of Alabama / Russell County } In the name of God, Amen // I Benjamin LOKEY of the County & State aforesaid being of sound mind and memory but feeble in body, do make and ordain this my last Will and Testament. // First, I commend my soul to Almighty God who gave it, and my body to be buried at the discretion of my Executor to be hereinafter named. // Item 1st I give and bequeath to my beloved wife Mary LOKEY my negro woman Sincy [?], and her two children, Amelia & Alexander and all their future increase, also one bed & bedstead and Bed furniture, To be hers & at her death to be disposed of as she may think proper. // Item 2nd I give and bequeath to my beloved Daughter Elisabeth my negro woman Rebecca and her child George, also my negro girl Eliza & all their future increase to her & her heirs forever. I furthermore give to my daughter Elisabeth one Bed Bedstead furniture. // Item 3rd I give and bequeath to my beloved Daughter Sarah REEVES my negro woman Mariah & negro girl Marietta and all their future increase To her & her heirs forever. // Item 4th I give and bequeath to my son Joseph Ten Dollars. // Item 5th I give and bequeath to my beloved Daughter Esther ROBENSON Two hundred Dollars. // Item 6th I give and bequeath to my beloved son William my negro Boy John OLIVER and negro Girl Frances together with their future increase – I furthermore give and bequeath to my son William all my interest in the Tract of land on which I now reside, To him & his heirs forever. // Item 7th I give and bequeath to my beloved son John T. LOKEY my negro girl Martha and her future increase, To him and his heirs forever. // Item 8th It is furthermore my Will & desire that my wife Mary shall have during her natural life all my stock of horses, hogs, cows, &c. plantation Tools, household & Kitchen furniture (not otherwise disposed of), my growing crop, together with all other property I may die possessed of and not herein disposed of and at her death the same to be sold & the proceeds to be applied to the payment of the monied Legacy’s bequeathed my son Joseph and my Daughter Esther ROBINSON, and after the payment of the aforesaid monied Legacy’s there should be a remainder, the said remainder to be equally divided among my Legatees. If there should not be enough of the last named property at the death of my wife to pay the aforementioned monied Legacies, then in that event it is my Will & desire that my other Legatees make up the deficit by paying in proportion to the amount received from my Estate. I also hereby nominate & appoint my beloved son William sole Executor to this my last Will & Testament. In witness wh[ereof] I have hereunto set my hand & seal this 29th August 1850. Benjamin LOKEY {seal} // Test. John W. ALLEN // Elisha M. K. McCUTCHENS // William A. CAMPBELL } [Page} 21 // The State of Alabama // Russell County } Probate Court In Vacation Nov 26th 1850 // Personally appeared in open Court John W. ALLEN, Elisha M. K. McCUTCHENS & William A. CAMPBELL the subscribing witnesses to the above & foregoing Will, the same being the last Will & Testament of Benjamin LOKEY, late of said County, deceased, & after being duly sworn deposeth & saith that they saw Benjamin LOKEY, whose name is subscribed thereto, sign, seal, publish & declare the same to be & contain his last Will and Testament, that they subscribed their names thereto, as witnesses in the presence of each other & that he the said Benjamin LOKEY was of sound mind & disposing memory, that he executed the same without compulsion so far as they know or believe. // John W. ALLEN // Elisha M. K. McCUTCHENS // William A. CAMPBELL // Sworn to & subscribed in open court // this 26th day of November A. D. 1850 // Thomas S. [? J. ?] TATE, Judge of Probate } This is to certify that we the undersigned heirs of Benjamin LOKEY, deceased, late of Russell County, Alabama, do consent that the last Will of the said deceased be proven & placed upon the record in terms [?] of the law. Novr. 23rd 1850 // Mary her-X-mark LOKEY, Elisabeth LOKEY // William REEVES on right of his wife Sarah REEVES, daughter of Benjamin LOKEY, decd., appears and says nothing against the Probate of the Will. Alabama, Russell County } December the 30th 1850 // WE the undersigned Legatees of Benjamin LOKEY, decd., do release William LOKEY one of said Legatees from that portion of the refunding money that has to be raised and of the half of the land that his father willed to said William LOKEY as said land was the property of Wm. LOKEY before the death of his father. // John T. LOKEY, Mary her-X-mark LOKEY, Elisabeth LOKEY, William REEVES. Additional Comments: The 1850 Census Mortality Schedule shows that Benjamin LOKEY, aged 70 years, died in Russell County, Alabama, in March during the Census Year, which conflicts with the date on which this Last Will & Testament was made. 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