Tallapoosa County AlArchives Wills.....Milner, William February 5, 1860 ************************************************ 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: Beverly Giles Loffler beverly@jloffler.com March 28, 2005, 11:47 pm Source: Tallapoosa Co., Al Will Record Written: February 5, 1860 Recorded: October 18, 1861 Transcribed by Beverly Giles Loffler beverly@jloffler.com Tallapoosa Co., AL Will Records Vol 1-2 1838-1907 Pages 155 and 156 LDS Microfilm Number 1304546 Salt Lake City UT WILL OF WILLIAM MILNER 1861 The State of Alabama Tallapoosa County In the name of God Amen, I William Milner of the county and state above knowing the certainty of death, and the uncertainty of life, and being of sound mind and disposing memory do by these presents and before these witnesses make the following disposition of all my earthly effects to wit; 1st I resign my soul unto the hands that give it 2nd I desire my body shall be decently buried 3rd I desire and require that all my just debts be paid 4th I require and desire that to pay the debt I owe, that Beck, Miles, Sanford and Rosanna and any child or children what may be borned to said Beck and her husband Jim, be sold on one year credit, 5th That the balance of negroes to wit, Sophia, Henry, Thomas, Betsy and Bass, all the children of said Sophia, also Elbert and Andrew the children of Beck, and the west half of section twenty one Township twenty, and Range twenty four, Also the north East quarter of the North E ¼ of section twenty, Township twenty of Range twenty four also the piney woods place, Known as the Rowls [?] in which John Plees resided in the year 1859. All of which said lands are to be kept as needed at the discretion of my Executrix for the purposes heretofore and hereafter [can’t read] and required. 6th I require that my children by my wife Rebecca, my Executrix shall pay or cause to be to said children at her discretion at maturity or marriage three hundred dollars to each at the time above specified as she may think prudent for the safety and protection of the estate. 7th If my said wife should die, in that case, I desire and require that her mother Olevia Stephans shall have control of my estate in like manner as [can’t read] provided for my wife. 8th In the event of my said wife’s marriage, then and in that case, I desire and require that my said wife shall have an equal part of my estate with my children including my daughter by Martha during her life and at her death to be equally divided among my children, provided however that in the event of said marriage and said division I hereby require that the balance of said estate shall be managed in like manner as provided for in Item Seven. 9th After my death I desire that my wife’s Father and mother, to wit, Redick Stephans and his wife Olevia Stephans shall continue to live with my wife Rebecca and have a comfortable and decent support out of my estate but no contract or agreement affecting my estate shall take place between my said Executrix or her father or mother. 10th I further desire and require that all my personal estate or as much as my said Executrix may not by her deemed necessary or essential to the [can’t read] as the [can’t read] shall be sold in aid of the payment my debts. 11th I [can’t read] desire that this my last will and testament my not be [can’t read] [can’t read] and to that end I make the following explanation to wit, that in the event as before provided of the death or marriage of my wife the said Redick Stephans and his wife Olevia shall during their natural lives have a comfortable substance out of my estate dividing all my estate equally among my children. 12th Having full confidence in the honesty and prudence of said wife Rebecca, believing and desiring that she will continue to have the best interest of my children at heart do hereby appoint, constitute and ordain my wife Rebecca Milner sole Executrix of my estate, declaring my unalterable purpose and wish that whatever may be the law, [can’t read] or practice of the courts that my said Executrix shall be required to give Bond and security for the faithful discharge of her duties as Executrix. Given under my hand and seal the 5th day of February in the year of our Lord one thousand eight hundred and sixty. Wm. Milner-his seal Witness Thos. G. W. Shannen John Britten Allen Kimbal State of Alabama Tallapoosa County Probate Court of said County In the matter of Probate of the last will and testament of William Milner deceased. Before me Allen D. Sturdivant, Judge of the said court personally appeared in open court, Allen Kimbal, John Britten and Thomas G. W. Shannan who having been by me first respectively duly sworn and examined, did and do declare and say, on oath, that they are each subscribing witnesses to an instrument of writing now shown to them and which [can’t read] the last will and testament of William Milner deceased an inhabitant of this county that said William Milner since deceased signed and executed said instrument on the day he same bears date and declared the same to be his last will and testament and that affiants did then set their signatures thereto on the day the same bears date, the subscribing witnesses in presence of said testator. That said testator was of sound mind and disposing memory, and 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 said date of said will of the full age of twenty one years and upon [can’t read] [can’t read] to and [can’t read] [can’t read] the 8th day of October 1861. Allen Kimbal John Britten Allen D. Sturdivant Judge of Probate File at: http://files.usgwarchives.net/al/tallapoosa/wills/milner20nwl.txt This file has been created by a form at http://www.genrecords.net/alfiles/ File size: 6.1 Kb