Will of James B. Yellowly In the name of God, Amen, I James B. Yellowly of the County of Madison & State of Mississippi being of sound mind & memory do make and declare this paper __ to be my last and only will and testament to wit. I give to my nephew James Yellowly son of William E. Yellowly four hundred dollars. Item. I give to my godson James Yellowly Edwards son of my friend Nuttwood [?] W. Edwards late of Halifax County, North Carolina four hundred dollars. Item. I give to my sister Harriet A. Yellowly negro girl Francis. Item. The remainder of my property of every description & value I give to my son James Brownlow Yellowly subject to the following conditions, that is Should he die without lawful heir of heirs of his body, then the said remainder of my property I give to my sister Harriet A. Yellowly one third (1/3); to my brother Edward C. Yellowly one third (1/3); to my brother William E. Yellowly's children one third (1/3). Item. Before the distribution of my property among my heirs I wish all my justly honest debts paid by my executors. Item. I appoint my brother Edward C. Yellowly as my executor & herein & hereby authorize him to act as such without his any requirement to give security. I also appoint my brother Edward C. Yellowly guardian of my son James Brownlow Yellowly without requiring him to give security as such & I hereby authorize him as ____ ____ time & surplus of money, after paying liberally but not upon a __ for my sons sufficient education. It is my wish that said surplus shall be invested in good state stocks. I decree my brother Edward and sister Harriet to have the personal care of my son & that he shall be sent to the University of North Carolina at Chapel Hill or some other good college to obtain his education. I revoke all other wills of anterior date. Made & signed this 23rd day of February Anno Domini 1832. /s/ Jas. B. Yellowly Witness: Garnett Goodloe, R.E. Andrews, A.M. Goodloe Codicil to my last will and testament made this 22nd day of March 1834. That is to say I hereby revoke that part or clause of my will which gives to my sister Harriet A. Yellowly negro girl Francis and replaced __ to her my said sister during her lifetime negro girl Jane daughter of Big Judy. I also give to my sister Harriet during her lifetime or so long as the profits of my estate shall exceed twelve hundred dollars an annuity of five hundred dollars payable the 1st day of January of each succeeding year & to cease at her death. This I do in consideration of her great love and devotion to me __ health & much sickness for many years. In witness whereof I have hereby subscribed my name the day & date above written. /s/ Jas. B. Yellowly Witness: A. M. Goodloe, H. Jordan Probate Court Madison County Oct. Term 1834} In the matter of the last will and testament of James B. Yellowly & the Codicil thereto} Be it remembered that a certain instrument of writing purporting to be the last will and testament of the said testator dated the 20th day of February 1832 and subscribed by Garnett Goodloe, R.E. Andrews & A. M. Goodloe being offered for probate at this term of the court, and the said attesting witnesses above named having appeared in Open Court and stated on oath that the said testator published and declared the same as and for his last will and testament and that he acknowledged his signature in the presence of said acknowledged witnesses and that they signed their names thereto as witnesses in presence and at the request of said testator and met in the presence of each other their said signatures, and attestations being given at different times and separately and they each further stated that said testator at the time of said publication was of sound & disposing mind and memory and was over twenty one years of age and the attesting witnesses to the said codicil dated the 22nd day of March 1834 appended to said will viz. A. M. Goodloe & H. Jordan having in Open Court stated on oath __ __ the __ __ to the publication & signature & attestation of the said codicil. Thereupon the __ being __ by the Court. It is ordered, adjudged and decreed that said paper purporting as aforesaid be admitted to Probate & recorded as the true and original last will and testament and codicil thereto of the said testator James B. Yellowby. Given under my hand & seal this 18th day of October AD 1834. /s/ A. P. Hill, Probate Judge ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. 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