Last Will And Testament Of
Tolbert Fannon Burford
Tate Co, MS Probate Court
Last Will and Testament of T F Burford
The last will and testament of Tolbert F Burford Sr. of the County of Tate, in the State of Mississippi.
First: I direct that all my just debts and funeral and testamentary expenses may be paid by my executrix and executor hereinafter named with all convenient speed after my deceased; and I do hereby subject charge and make liable all and every my real and personal estate and effects. whatsoever and wheresoever to and with the payment of the same, and of the legates? herein after bequeathed accordingly but I direct that my Ten Thousand <$10,000> dollar Life Insurance Policy in the Prudential Insurance Company of America shall in the first place be applied in payment satisfaction and discharge of my said debts and financial and testamentary expenses, in exoneration of my other property.
Second: I do hereby nominate and appoint my wife Lucy Ann and my son Thomas C executrix and executor of this my last will testament, without bond.
Third: I do hereby confer upon my wife the said executrix all the power to sign all papers and make such disposition of the property as may be necessary for the winding up of my estate and in accordance to the disposition of same as is hereinafter made.
Forth: As I have already during my lifetime given to my son C A Burford Thirteen hundred <$1,300.00> dollars. I hereby now give and bequeath to him Two hundred <$200.00> dollars to by paid out of my property.
Five: I hereby give and bequeath to my son Thomas C Burford the following described land situated in said County and State The North part of the West half of the South East quarter Section Ten Township Five and Range six and consisting of sixty acres, and also the south east quarter of the south west quarter in same section township and range as the above and consisting of forty acres.
Sixth: I hereby give and bequeath to my son Tolbert F Burford the following described land situated in south west quarter of section ten township five and range six and consisting of forty acres and also the south west quarter of the south west quarter of section nine township five and range six, consisting of forty acres and also the one acre lot and the house thereon in which Andrew Johnson now lives in the north west corner of the south east quarter of south west quarter of the same section township and range as tract above named.
Seventh: I hereby give and bequeath to my Malinda J Salmon the following described land situated in said county and state. The south east quarter less one acre in the north west corner the same being that given to Tolbert of the south west quarter and the south half of the south half less three and one eight acres in the north east corner all of section nine township five range six and consisting of one hundred and fifteen acres and seven eight acres.
Eight: I hereby give and bequeath to two daughters Izora and Maggie and to my son Burt rum the following described land, situated in said county and state to be Held by them jointly until the said Burtrum shall have arrived at the age of twenty one at which time, the same shall be sold privately, and the proceeds arising there from to be divided equally among them. The west half of north east quarter and the north west quarter of the south east quarter section sixteen township five and range six consisting of one hundred and twenty acres but it is my further will and pleasure and I hereby so direct that my wife the said executrix shall use the rent of said land after the expenses for keeping up same have been directed for part of the support and education the these three children and the same to be prorates? equally among them, and should either of these marry before the said Burtrum arrives at his majority, hereby direct that their part of the rent be paid over to such ones of these as shall have married and should all of them marry before Burtrum's majority I hereby direct that the said land be sold for division as above willed as soon thereafter as may be convenient. It is my further will and I do hereby direct that should either of these three children die without issue his or her part shall revert back to the survivor or survivors of these three children and their issues.
Nine: I also give and bequeath to my daughter Maggie my piano.
Ten: I do hereby give grant and bequeath to my wife Lucy Ann all of my real property not otherwise devised to hold during her natural life and at her death to be divided equally among my two daughters Izora and Maggie and my son Burtrum in the same manner and may and with the same conditions as was directed in paragraph eight. Until their exception that they may divide the land among themselves equally if they can convenient do so after a mutual agreement, but if this cannot be done it shall be sold for division as provided in "Eight" paragraph.
Eleven: I also hereby give and bequeath to my wife Lucy Ann all my personal property not otherwise bequeathed and all my insurance money left after my indebtedness and testamentary expenses have been settled and satisfied as was directed in the "First" paragraph of this my last will and after all the legacies hereinafter named shall have been deducted therefrom to be held by her during her natural life for the support and maintenance of herself and my three children Izora, Maggie and Burtrum and for the education of the latter thru and at her death to be divided equally among all my surviving children and their heirs.
Twelve: It is my further will and pleasure and I do hereby so direct that my wife Lucy Ann give to my three children Izora, Maggie and Burtrum, at their respective marriages a cow and calf or their money value of $25.00 and one horse or its money value of $75.00 each of which amounts to be paid out of my insurance money.
Thirteen: It is my further will and I do hereby direct that my said executrix and executor set aside out of my insurance money One Hundred Dollars, with the interest running on same from year to year and the latter used for the maintenance and keeping up of the Burford Graveyard.
Fourteen: It is my further will and I do hereby so direct, that in case my wife Lucy Ann the said executrix should marry again after my decease that she be required to give bond as an executrix.
T F Burford Sr. <Seal>
Signed sealed and published and declared by the said Tolbert F Burford Sr. as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto set and subscribed our names. As witnesses hereunto this 29th day of August A.D. 1904.
L M Blanchard
J R Johnson
The State of Mississippi, Tate County)
In the matter of a certain instrument of writing purporting to be the last will and testament of Tolbert F Burford Sr. deceased. Be it remembered that at a term of the Chancery Court of the County of Tate, in the State aforesaid, in vacation personally appeared in open court J R Johnson and Linnie Blanchard subscribing witnesses in a certain instrument of writing purporting to be the last will and testament of Tolbert F Burford Sr. late of said County deceased bearing Date the 29th of August 1904 who having first been duly sworn deposes and said that Tolbert F Burford Sr. signed sealed published and declared said instrument as his last will and testament in the presence of these deponents on the day of the date thereof; That said testator was then of sound deposing mind and memory and more than twenty one years of age and that these deponents subscribed said instrument as witnesses thereto as the insistence and request and in the presence of said testator and also in the presence of each other on the day and year aforesaid.
L M Blanchard
J R Johnson
Sworn and subscribed in open court the 3rd day of Oct 1905
J A Wooten, Clerk
This Page Updated January 20, 2010
County Coordinators: Syble Embrey & Marie Carlton
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