Will of Ameriah Nichols

In the name of God, Amen; I Ameriah Nichols of the County of Madison in 
the State of Mississippi being in bad health and being mindful of my 
mortality, revoking all others do make, ordain, publish and declare 
this my last will and testament in manner and form following.

First.  It is my will and desire that all my lawful debts may be paid 
as soon as possible.

Secondly.  It is my will and desire that all my property of every 
nature and kind, real and personal should remain and be contained 
together as it now is for the full use and benefit of my wife Malinda 
and my children (to wit) Elizabeth, Mary Ann, Susan, Obadiah, Martha 
Jane, Cassandra and Lucinda Caroline during the widowhood of my wife 
Malinda, or unless one or all of my children should marry or attain the 
age of majority. Then and in that case, that is the marriage of my 
widow or the marriage or attaining of the age of majority by any or all 
of my children it is my will and desire that __ __ in case my wife 
should marry she shall have an equal part of my personal estate and in 
like manner should a child marry or come of age they shall have an 
equal share of my personal estate and in no case shall my wife, if she 
remains a widow during her natural life, be disturbed in the possession 
and enjoyment of my real estate, but in case she should marry, then in 
that case whenever my youngest child may marry or come of age then all 
my real estate may be sold or divided as may seem most beneficial and 
proper.  And it is my will and desire that during the widowhood of my 
wife Malinda, she shall have the management and control of all my 
estate, aided and advised by two or more of her prudent and decent 
neighbors without being called on or required to give any bond or 
security of any kind whatever to any court or person or persons 
whatsoever.  Also in case my wife Malinda should marry it is my will 
and desire that my said wife Malinda jointly with my children who may 
then be of sufficient age shall choose or direct prudent persons to act 
as guardians for my children who are not __ age.

In testimony whereof I hereunto set my name and affix my seal this 
eighth day of August in the year of our Lord one thousand eight hundred 
and thirty seven.
	/s/ A. Nichols		
Signed, sealed, published and declared in the presence of
H. Lumand [?], Joseph Sewall [?], Joshua Nichols, G. J. Traber [?]

State of Mississippi, Madison County}  Personally appeared in open 
court Joseph Sewall [?] one of the subscribing witnesses to the 
foregoing last will and testament of Ameriah Nichols deceased, who 
being duly sworn deposeth and sayeth that he signed the same in 
the presence of the testator and in the presence of the other witnesses 
who signed the same as witnesses in the presence of the testator and in 
the presence of each other and that the said testator signed sealed and 
published the annexed will in this affient's presence and in the 
presence of all the other witnesses as his last will and testament.  
And that the said Ameriah Nichols was at the time of sealing and 
publishing said will of sound mind and memory and in full possession of 
his faculties.	/s/ Joseph Sewall

Sworn to and subscribed before me in open court Feby 26th, 1838
/s/ Thos. Shackleford, Judge of Probate

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