Wills: James Stuart, 1834: Jefferson County, Mississippi

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Last Will and Testament of James Stuart Deceased.
Copied from Jefferson Co., MS, Probate Record Book B, page 209


I James Stuart make this my last will and testament. To wit, After my
decease that my property all to be divided, that is to say my negro
property in equal lots, then my wife to take her choice of lots, the
rest to be drawn for as usual in such cases, and all the heirs that is
of age to take his lot, the balance to remain with my wife and children.
The children that is not of age till more of them become of age to marry
then the property to be valued over again and so on till the last
becomes of age. Always the balance to be left in my wife's hands until
the last child becomes of age. It is to be understood that my wife does
not come in again after she gets her lot.
Whereas I had given to my oldest daughter Henrietta McClellen
afterwards Henrietta Hopson three negroes a horse and some cattle-it is
clearly to be understood that I do not leave anything to her heirs
except her oldest daughter Eliza McClellen and bequeath to her a negro
girl named Caroline, a daughter of big Polly's, at my decease. Should
she die without an heir from her body, then in that case the said girl
Caroline and increase shall revert back again to my heirs. I have also
lent to Sarah Ferguson, my grand daughter, now Sarah Price, two Negro
boys, Albert and Jack, and I design, provided she has heirs from her
body and they live, then in that case I will and bequeath to Sarah Price
the above named Albert and Jack at my decease to the said Sarah Price
and the heirs of her body. And also to my granddaughter Jane Ferguson I
will and bequeath two negroes to be equal to Albert and Jack or their
value in cash, also two cows and calves, it is understood if Jane
Ferguson dies without Heirs from her own body, the above negroes revert
to my heirs again. I also will and bequeath to my grandson James Stuart
Ferguson the same amount at my decease that I have bequeathed to Sarah
and Jane Ferguson and on the same conditions.
Whereas William Wade who married my daughter Huldah H. Stuart having
given him three negroes, some horses and cattle, I wish it clearly
understood that I don't leave to William Wade nor his heirs one single
cent more, not for want of affection to my daughter nor Mr. Wade either,
but merely because I think they have as much as any body ought to be
plagued with; as to my stock of horses and cattle after my wife takes
out of the stock as many horses, oxen and cows and calves as will
support the family and supply the farm at her own discretion and such as
she may choose, then the balance to be sold on a twelve months credit
taking good bond and security for the payment.
As to my land I own in Jefferson County I will and bequeath to my four
youngest sons Moreau, Hinds, Blunt and William. As to my Chockchuma
lands I wish equally divided amongst all my children except those I have
excluded already, as to J. F. Stuart I think he has a plenty to support
him as so I do not leave him any property whatever only his equal part
of the Chockchuma lands that is to say with Betsy Gibson, Adeline
Gibson, Moreau, Hinds, Blunt and William, as to Betsy Gibson and Adeline
Gibson having given them about two thousand Dollars each in negroes and
other property which property they
are to keep at the above valuation as part of their dividend, the
proceeds of the stock when sold to be equally divided amongst my
children that is to say Betsy Gibson, J. F. Stuart, Adeline Gibson,
Moreau Stuart, T. H. Stuart, Blunt Stuart and William Stuart.


Witness my hand this 21st October 1834.


James Stuart


The original of this will was written in his own hand.