Will of Will Bennett In the name of God Amen. I Will Bennett of the County of Madison in the State of Mississippi do make publish and declare this to be my last will and testament hereby revoking and making void all wills by me at any time heretofore made. First. I direct that all my just debts be paid by my executors, hereinafter named as soon after my decease as possible. Also it is my will and desire that the persons who may be appointed as the law provides to appraise my personal estate shall under the direction of my executors hereinafter named and with the assistance of my friend William H. Fleming make a just and true situation of all the property real, personal and mixed belonging to the said Fleming and myself jointly by virtue of the co-partnership of Fleming & Bennett including all claims and debts due and unpaid to the said firm and make a full and plain statement of all debts and unsettled liabilities to others from the said firm of Fleming & Bennett so as to show the net value of my interest as one half owner of the said joint property. It is my will and desire that my said executors offer my said interest so ascertained to the said William H. Fleming, he giving his promissory note or notes for the purchase money on such time and with such security as my said executors may approve; on the payment of which my said executors shall convey all my right, title and interest in and to the same in fee simple to the said Fleming. But should the said Fleming decline to purchase my said interest on the terms aforesaid, I direct that as soon after my decease as possible my executors sell at public auction or otherwise proceed to realize my interest in said property. Also I direct that all the estate real, personal and mixed whereof I may be seized and possessed at the time of my decease in my own right and independent of the co-partnership of Fleming & Bennett aforesaid be sold by my executors hereinafter named for its fair and reasonable value either in cash or on credit with sufficient security, as they may think most conducive to the interest of my estate. And I do hereby vest in my executors aforesaid full power and authority to sell, dispose of and convey either in fee simple, for a term of years, or otherwise as may be most advantageous to the interest of my estate, the whole or any part of my real estate, in as full and simple a manner in every respect as I could do myself if living. It is my will and desire the net proceeds of my estate when realized be placed in the hands of James Waltie [?] Jun'r of the Corn Market in the City of Braston [?], England & who has directions for the disposal of the same to which and I direct that whenever any part of the proceeds of my estate may from time be received by my executors, hereinafter named to the amount of one thousand dollars or more, the sum be remitted in the most safe and convenient manner to the aforesaid James Waltie as speedily as it can be conveniently done by my said executors; and the acknowledgement of the said Waltie to my said executors of the receipt of any such remittance or remittances shall be a full release and discharge to my said executors of this my last will and testament. Finally I do hereby make, constitute and appoint my eternal friends William Henry Fleming, Henry K. Moss and Alexander Allen executors of this my last will and testament. In testimony whereof I hereto set my hand and affix my seal in the presence of the witnesses whose names are subscribed below this twenty fifth day of August in the year of our Lord one thousand eight hundred and thirty seven. /s/ Will Bennett Signed, sealed, published and delivered by Will Bennett the testator whose signature is hereto affixed, as his last will and testament, in the presence of each of us who at his request, in the presence of the said testator and of each other have respectfully signed our names as witnesses hereto. /s/ A. H. Handy, Samuel N. James [?], Benj. J. Bell ==================================================================== 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. This file was contributed for use in the USGenWeb Archives by: Tony Abruscato ====================================================================