LAST WILL AND TESTAMENT PARKER EMBRY(EMBREY)
STATE OF MISSISSIPPI, TATE COUNTY
SEPT 17TH 1873
LAST WILL AND TESTAMENT OF PARKER EMBREY DEC'D
THE SAME BEING A NUNCUPATIVE WILL.
1ST PARKER EMBRY said that his will was that his wife, AMANDA EMBRY should have at his death, his entire property both real and personal for and during her natural life for her support and maintenance, and to be entirely under her control and management but he desired that she should pay all his just and lawful debts as soon as possible and directed that she should have the crop gathered and sold and if the proceeds there of were insufficient to pay and justify all of said debt then he directed that She the said AMANDA EMBREY should sell such of the personal property as she could best do without and fully pay and satisfy his debts.
2ND PARKER EMBRY said that at the death of his wife AMANDA EMBRY his daughter SYBILLY FRANCES EMBREY should have for her support and maintenance so long as she continued unmarried, the North half of the East half of the South East Quarter of Section Eight, Township Four Range Six West of the Basis Meridian of the Chickasaw Cession containing forty acres, provided she continue to live, unmarried, with her mother AMANDA EMBREY until the death of her said mother. And upon the marriage of the SYBILLE FRANCES the said land must be sold and the proceeds divided equally among all the heirs of him the said PARKER EMBRY, Grand-Children to take the parents share, but in the case of the children of his daughter ABSILLAH BOYT dec'd he directed that in the distribution of their Mother's share of his estate, MARY JANE HAMILTON Daughter of ABSILLAH BOYT should receive only five dollars, and the remainder of their Mother's share to be equally divided between COLUMBUS and ELISHA BOYT.
3RD PARKER EMBREY directed that at the death of his wife AMANDA EMBREY, all of the property both real and personal then remaining , save the forty acres to SYBILLY FRANCES if then alive and unmarried as above stated, should be sold and that one-hundred dollars each should be paid MARY C. HARDWICK, SUSAN R. CHASTEEN, SYBILLY FRANCES EMBRY AND LEUTITIA PRATT, or their heirs of any of them that may then be dead, to make each of these last named children equal with His other children to each of whom he had here to fore given a horse: and after the children had been made equal as heretofore next above directed, then the money left arising from the sale of the estate shall be equally divided between his eight children Via:-ELIZABETH HAYCOCK, MARY HARWICH, SUSAN CHASTEEN, SARAH HUDSPETH, SYBILLY FRANCES EMBRY, JAMES H. EMBRY, LEUTITIA PRATT and the children of ABSILLAH BOYT dec'd, these children taking their mother's share in the manner herein before directed.
STATE OF MISSISSIPPI, TATE COUNTY
This day personally appeared before the undersigned Clerk and Master of the Chancery Court of Tate County, The undersigned AMANDA EMBRY, SARAH A. HUDSPETH and SYBILLY FRANCES EMBRY who made oath to the following fact, that PARKER EMBREY a citizen of Tate County Miss. died on the 8th day of August 1873 at his home on Tate County, of heart disease as they were informed, and that during his last sickness he desired to have his will written, which he was unable to do himself on account of the severity of his sickness, and his lack of legal knowledge, and that he did on the 1st day of August 1873 send for one W.L.PARSONS to write his will for him and that the said PARSONS failed to come and that the said PARKER EMBRY did on the next day to-wit the 2nd day of August 1873 . While his death was imminent, but with his mind unclouded and perfectly sane , make to them and in the hearing of each of them the WILL and TESTAMENT forgoing and above written and that he then and there called upon them and all three of the to take notice that his words then spoken were his LAST WILL and TESTAMENT and that he never revoked altered or amended the same during his life, They or someone or more of them being continually present with said PARKER EMBRY until his death and they further state upon oath that their memories are clear in regard to the words of the deceased PARKER EMBREY, and that they have stated the conversation substantially as he spoke it, and that all three of their memories agree with each and every item of the orating above set forth as the NUNCUPATIVE WILL of the said PARKER EMBREY.-All of the will above and this attestation were written by G.D.SHANDS of SHANDS and FERUGSON Atty's at Law, in their office at Senatobia Miss. On the 17th Day of September 1873 at our request and according to our dictation, and after it was written it was read over to us, both will and attestation and we freely sign the same and make oath thereto, the said orating, writing out the whole will of the matter, of for us it is possible for our memories to recall - AMANDA EMBRY
SARAH A. HUDSPETH
SYBILLY F. EMBREY
SIGNED AND SWORN TO IN MY PRESENCE THIS THE 17 DAY 1773
THE STATE OF MISSISSIPPITATE COUNTY
MONDAY, OCTOBER 6, 1873
IN THE MATTER OF THE ESTATE OF
PARKER EMBRY DECEASED
BEFORE THE CHANCERY CLERK AT RULES, THE 6, DAY OF OCTOBER 1873
Upon return of the citations ordered and issued in this cause, It appearing satisfactory that SUSAN CHASTEEN, MARY HARDWICK, JAMES H. EMBRY, LEUTITIA PRATT, MARY JANE HAMILTON AND ELISHA W. BOYT, an infant, and his father, ELISHA W. BOYT, the widow, and next of kin to the said Decedent, except the widow and two daughters who petitioned to have said nuncupative will admitted to probate and at whose instance said citations were issued as appears of record, have been duly summoned to answer said petition, and that the said parties who were summoned as aforesaid, have failed and neglected and still do fail and neglect to answer said petition is thereupon ordered that the matters and things therein contained be taken pro-confessor against them, and that the said Nuncupative Will of said Decedent be admitted as proved and it is hereby ordered adjudged and decreed that the instrument of writing purporting to be the Nuncupative Last Will and Testament of said Decedent now on file in the office of this court sworn to by AMANDA EMBRY and others by and the same is hereby admitted to probate, as the true, valid and original LAST NUNCUPATIVE WILL AND TESTAMENT of the said PARKER EMBRY deceased, and that the same be accordingly filed and recorded in the office of this Court, according to the provisions of the statute in this behalf.
O.F. WEST CLK
VM BK 1 PG 6
Updated February 20, 2012
County Coordinators: Syble Embrey & Marie Carlton
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