Marshall Co., MS



Simpson Payne's will is dated 14 April, 1866, and reads as follows:
  In the name of God Amen!
  I Simpson Payne: being of sound mind and conscious of the certainty 
of death, do make this my last will and testament, hereby revoking 
all others.
  Art 1st - It is my will that all my just debts shall be first paid 
out of such property or lands as my executrix shall see fit or proper.
  Article 2nd - Having heretofore given and conveyed to my son Thomas 
J. Payne, to Susan S. Spinks and the heirs of her body, to Adaline D. 
Bates and the heirs of her body, and to Mary E. Skelton and the heirs 
of her body, as much property as my means would justify (in consideration
of the wants of my minor children to be hereafter mentioned) I bequeath 
to the said Thomas J. Payne, the heirs of Susan S. Spinks, the heirs of 
Adaline D. Bates and to Mary E. Skelton and her heirs a father's love 
blessing knowing that they will attribute the unsubstantial nature of 
this bequest to recent unavoidable losses in property. 
  Article 3rd - It is my will that all the property in my possession 
consisting of eight hundred and twenty acres (being that upon which I 
at present reside) of land, all the stock, provisions, farming utensils,
household and kitchen furniture, and all other property that I may be 
possessed of shall be held together under the Guardianship of my wife 
Elizabeth Payne and that my minor children to wit John S., James T., 
and Lucy H. Payne shall receive a liberal English Education out of
the proceeds of the Estate and I hereby authorize and empower my wife,
Elizabeth Payne, to sell such property of lands as may be necessary 
to carry out the foregoing.
  Article 4th - It is my will that my wife Elizabeth Payne shall have 
and hold the aforementioned property during her natural life and that 
as my aforementioned minor children shall arrive at the age of twenty 
one years or shall marry, then it is my wish that such child shall 
receive from the Estate such portion of my property as my wife in her 
judgment, having in view her own as well as the interests of the
remaining children, shall designate or set apart and at the death of 
my wife it is my will that all property that may be left shall be so 
divided between my three minor children as to make it equitable between 
them, taking into the account such property as may be given by my wife 
during her life.
  Article 5th - Lastly it is my wish that my wife, Elizabeth Payne, 
shall be my Executrix and the Guardian of my minor children and she 
is hereby empowered to transact any and all business pertaining to the 
Estate.  It is also my wish that she be not required to give security 
on any land for letters testamentory or administration.  All of which 
is given under my hand and seal this the 14th day of April one thousand 
eight hundred and sixty six.           Simpson Payne
     Attest.
     Wm. M. Compton
     James L. Phillips
     H A Echols