|
The State of Mississippi
Winston County
Probate Court
October Term AD1854
To the Honorable Robert Washington, Sole and presiding judge of the court
aforesaid, for the county aforesaid. The petition of William C. Crawford
and W. C. Matthews, citizens of Said State, respectfully Shows unto your Honor
that Peter Crawford late of Said County and State departed this life at his
late residence in Said County (Where he had been domiciled for Several years,
last next before his death) on the 15th day of September AD1854, That he made
and published in his lifetime his last will and testament bearing the 6th day
of July 1854, and attested by W. P. Stroud, J. P. Brown and J. S. Hafner, is
now here to the court shown, and prayed to be Probated, Established and
recorded and recorded in this Court in common form, that your petitioners are
appointed Executors of the Said last will and testament by the Said Testator
and are willing to accept Said office and trust and to qualify as Such, Your
petitioners therefore pray your Honor to grant unto them letters testamentary
of Said last will and testament upon their qualifying as Such and your
petitioners as in duly bound will ever pray be.
Sworn to and subscribed before me in the matter of a certain instrument of
writing purported to be the last will and testament of Peter Crawford,
deceased.
Probate Court
October Term 1854
Upon reading and filing the petition duly verified of William C. Crawford
and W. C. Matthews for Probate of a certain instrument of writing, purporting
and alleged to be the last will and testament of Peter Crawford deceased late a
resident of this county and for letters testamentary thereupon and on taking
and reading the testimony of W. P. Stroud, J. P. Brown and J. S. Hafner
subscribing witnesses thereto in the court after hearing all and singular the
proofs and attestations adduced, professed and submitted, and maturely
considering the same, being now satisfied that said instrument is fully and
legally established as the true and original last will and testament of the
said Peter Crawford deceased and that the said Peter Crawford was on the day of
the date of said Will, that is to say on the 6th day of July in year of our
Lord one thousand eight hundred and fifty four, of lawful age to devise, and of
sound disposing mind and memory and understanding and of right and in law
entitled to make said will. It is the thereupon considered, ordered,
adjudged, and decreed, that the said instrument of writing be admitted to
probate and recorded as the true and original last will and testament of the
said Peter Crawford, deceased. And it is further considered ordered and
decreed, on motion of the Said William H. Crawford and W. C. Matthews, that
letters testamentary of Said last will and testament be granted to them the
said William H. Crawford and W. C. Matthews on their taking the oath prescribed
by law and entering into bond in the penal sum of one hundred thousand
dollars.
The State of Mississippi
Winston County
Probate Court
October Term AD1854
To the Honorable Robert Washington, Sole and presiding Judge of the court
aforesaid for the county aforesaid. The petition of William H. Crawford
and W. C. Matthews, citizens of Said State respectfully shows unto your Honor
that Peter Crawford late of Said County and State departed this life at his
late residence in Said County (Where he had been domiciled for several years,
last next before his death) on 15th day of September AD1854, that he made a
published in his lifetime his last will and testament bearing the 6th day of
July 1854, and attested by W. P. Stroud, J. P. Brown and J. S. Hafner, is now
here to the court shown, and prayed to be probated, Established and recorded
and recorded in this court in common form, that your petitioners are appointed
executors of the said last will and testament by the said testator, and are
willing to accept said office and trust and to qualify as such, your
petitioners therefore pray your Honor to grant unto them letters testamentary
of said last will and testament upon their qualifying as such and your
petitioners as is duly bound will ever pray be.
Wm. H. Crawford
W. C. Matthews
Sworn to and subscribed before me in open court this 16th day of October
AD1854.
William G. Hudson, Clerk
Will page 1
In the name of God, amen. I Peter Crawford of the County of Winston
and State of Mississippi, being of sound and disposing mind and memory, do make
and publish the following as my last will and testament.
First. It is my will and desire that all my just debts funeral
expenses and expenses of administration shall be paid out of funds herein after
specified.
Second. I will and bequeath to my son William H. Crawford the
following Negro slaves, to wit, Prince, Patsey, Harriet, Betty and Lewis, with
the future increase of the females after the execution of this Will, to him and
his heirs forever.
Third. I will and bequeath to my daughter Eliza Nabors, wife of Linsey
M. Nabors, the following slaves, to wit, House, Rachael, Isaac, Jim and Maria
with the future increase of the females after the execution of this will to her
& her heirs, but should she die without leaving any body heirs, then and in
that case her husband Linsey M. Nabors, if living to have one half of her
property & the balance is to be equally divided between all my children, my
grand children who parents is or may be dead, having the share of its or their
parents part, share and share alike, and in case that my son-in-law Linsey M.
Nabors is not living at the time my daughter dies, then the whole of her estate
is to be divided among my children as above directed.
Fourth. I will and bequeath to my daughter, Sarah Ann Barrons, wife of
James Barrons, the following salves, to wit, Damon, May, Crump, Charles, and
Charlotte, with the future increase of the females after the execution of this
will to her,
W. P. Stroud, J. P. Brown, J. S. Hafner.
Peter Crawford
Page 2
and her heirs forever.
Fifth. I will and bequeath to my daughter, Parthenia Edwards, wife of
James H. W. Edwards the following slaves, to wit, Washington, Emeline, Moses
and Aaron with the future increase of the females after the execution of this
will to her and her heirs forever.
Sixth. I will and bequeath to my daughter Caroline Brown wife of
Jackson Brown, the following slaves to wit: Dick, Phebe, Jack and Bob
with the future increase of the females after the execution of this will, to
her and her heirs forever.
Seventh. I will and bequeath to the children of my deceased son, Davis
T. Crawford, the following slaves, to wit, Henry, Mealy, Joe and Ephraim with
the future increase of the females after the execution of this will, to them
and their heirs forever, and it is further my will and desire that the guardian
or guardians, who I may here after appoint in this will for their children,
shall take charge of the above named slaves and work them or hire them out
annually as may seem best to them til the children become of the full age of
twenty one years or marry that the annual profits arising from the hire or as
much there of as is necessary shall be used for the maintenance and education
of the children and that the balance if any shall be put out at interest and as
the children respectively become of the age of twenty one or marry that my
executors shall select, there my executors shall select, three respectable men
who shall appraise all the negroes and allot to the child that is of age or
married the portion and in case an equal allotment cannot be made, then it
shall be done as near as.
W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford
3.
can be and my executors are required to make the lot equal either by paying
to the child the deficiency in money, if his lot fall short or by retaining out
of any money in their hands belonging to the children enough to make it equal
and this shall be done successively as each child becomes of age or
marries.
Eight. I will and bequeath to my daughter Elizabeth Matthews the
following slaves, to wit; Wilson, Reuben, Andy and Carolina with the future
increase of the females after the execution of this will, to her and to her
heirs forever.
Ninth. I will and bequeath to my grand daughter, Catharine Wragg, the
following slaves, to wit, Ranson, Lyddia, Frank and Jane with the future
increase of the females after the execution of this will and said negroes to be
held in trust by my executors for her use and benefit the annual profits
arising from them to be used for her maintainance and education and the
surplus, if any to be put at interest for her benefit and when she arrives at
the age of twenty one years or marries then she is to receive the whole of her
property, but in case she shall die without leaving body heirs living at the
time of her death, then in that case her portion is to return to my estate and
be divided among all my children, share and share alike; my grand children in
all cases receiving their parents share if their parents are dead.
Tenth. I will and bequeath to my adopted daughter Mary Elizabeth
Crawford, two slaves,
N. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford
4.
to wit, Ann, child of Phebe and Sara child of Mealy, with their increase,
after the execution of this will, to be held in trust by my executors for her
use and benefit and the annual profits arising from them to be used for her
maintainance and education and the surplus, if any, to be put at interest for
her and when she marries or becomes of the full age of twenty one years, then
she is to receive the negroes and money, if any, and is to have the use of them
during her natural life and should she die leaving body heirs, then to her
children forever, but should she die without leaving body heirs, then the above
named slaves with their increase to return to my estate and be divided among my
children, share and share alike, allowing my grand children whose parents are
dead to receive their parents share.
Eleventh. It is further my will and desire that my old and faithful
servants, to wit, Jim, Edmund, Fanny and Frances shall be by my executors, sold
at public action to any of my legatees, whoever will give the most for them or
either of them, that they shall be sold separately and that no person shall be
allowed to bid, who is not a legatee and should they or either of them not be
bid for, being considered worthless, then my executors are authorized to put
him or her to the lowest bidder, confining the bids to my legatees, and shall
sell to the one, who will take
W. P. Stroud, J. P. Brown, J. S. Hafner
Peter Crawford
5.
him or her as the case may be for the least amount if the buyer shall be
bound to maintain and support him or her for his or her natural life & then
have them decently buried and my executors are hereby authorized to take any
money belonging to my estate to pay the purchaser the amount bid off at for the
maintainance of each or all of the above Negroes and my executors are required
to notify all my legatees that are of full age, of the time and place of
selling the above named Jim, Edmund, Fanny and Francis.
Twelfth. It is further my will and desire that immediately after my
death my executors here in after mentioned shall take charge of my whole estate
that they either of them may superintend the business personally until the crop
is made & gathered and that they shall receive such compensation for his or
their trouble as any three of my neighbors may consider just and such men shall
be selected as will be satisfactory to a majority of my legatees, but in case
it does not suit either of my executors to give their personal attention to the
plantation, then they may hire any man they deem worthy to attend to the
business, till the crop can be gathered and disposed of and they are authorised
to pay him out of any money not otherwise disposed of.
Thirteenth. It is further my will and desire that all the rest of my
estate, both
W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford
6.
real and personal not herein before disposed of by some preceeding clause of
this will, shall be vested in my executors to raised a fund first for the
payment of my debts, funeral expenses and expenses of administration, and also
for the payment of such debts as my executors may be compelled to contract in
order to have the plantation properly attended to, till the growing crop is
attended and prepared for or sent to market.
Fourteenth. It is further my will and desire that in the month of
January or December next after my death, my executors shall proceed to sell all
my estate not here in by some clause of this will disposed of at public out cry
to the highest bidder (Except my cotton and my land) on a credit of twelve
months and the purchaser or purchasers shall be required to give note with two
good securities for the payment of the same and my executors may either send my
cotton to market and sell it privately or sell it at the same time and place
that they sell the rest of my estate and on the same terms as they think best,
and it is the true intent and meaning of this clause that all my household and
kitchen furniture, all my plantation tools of every kind and description, and
all my stock of horses, mules, cattle, hogs and all & every kind of
property belonging to my estate not here in before disposed of except my cotton
and my land shall be subject to and sold under this clause and my executors are
required to give public notice of the time
W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford
7.
and place of the sale by advertisement posted up at not less than three
public places in this county.
Fifteenth. It is further my will and desire and my executors are here
by authorised to sell all my land at public out cry at any time within twelve
months after my death, having advertised the time and place of the sale for at
least thirty days at not less than three public places in this county and they
are hereby required to sell the land on a credit of one, two and three years,
that is, that one third of the purchase money shall be paid annually and the
purchasers shall be required to give his notes with two good and approved
securities for the faithful payment of the purchase money.
Sixteenth. It is my wish to be buried by the side of my departed wife
and my executors are authorised to purchase a suitable Tomb Stone to put over
my grave.
Seventeenth. It is further my will and desire that all the proceeds
arising from the sale of any and all my estate after paying all my debts,
funeral expenses and expenses of administration and all expenses necessarily
incurred in the management and settlement of my estate, shall be equally
divided among all my children, share and share alike, that is to say, one eight
part of my son William H. Crawford, one eighth part to my daughter Eliza
Nabors, one eighth part to my
N. P. Stroud, J. P. Brown, J. S. Hafner
Peter Crawford
8.
daughter Sarah Ann Barrons, one eighth part to my daughters, Parthenia
Edwards, one eighth part to my daughter Caroline Brown, one eighth part to my
grand children, the children of my son Davis T. Crawford, one eighth part to my
daughter Elizabeth Matthews, and one eighth part to my grand daughter Catherine
Wragg. The part belonging to my grand daughter Catherine Wragg to be held
in trust by my executors for her use and benefit, and to be paid to her when
she becomes of the full age of twenty one years or marries but if she dies
before she arrives at the age of twenty one or marries but if she dies before
she arrives at the age of twenty owe or marries, then it is be equally divided
among my other children share and share alike, my grand children whose parents
are dead representing & receiving their parents part.
Eighteenth. I do nominate and appointment my executors hereinafter
named as guardians of all my grand children whose parents are dead, namely, the
children of my son Davis T. Crawford and my grand daughter Catharine Wragg and
also my adopted daughter Mary Elizabeth Crawford.
Nineteenth. It is further my will and desire that as soon after my
death as practical my last will & testament shall be properly probated and
recorded and that my executors here in after named shall take charge of my
estate that they (my executors) shall not be required to give bond and
security, neither shall they be required to make any return of any part
W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford
9.
of my estate to the court at any time or under any circumstances, but shall
proceed to settle all my business and divide out and deliver my estate in all
respects according to the terms and limitation so this my last will and
testament and thereby executing my designs and purposes in the same way that I
would do it were I living. Lastly, I nominate and appoint my son William
H. Crawford and my son-in-law W. C. Matthews executors to this my last will and
testament, hereby revoking all other wills heretofore made by me and publishing
this my last will and testament.
Given under my hand & seal this the sixth day of July AD1854.
Signed, sealed, published and declared by the Testator as his last will and
testament in our presence as attesting witnesses and severally signed by us
as such in his presence and in the presence of each other and in order to
verify this and the annexed sheets of paper as containing his said last will
& testament the Testator has signed his name in the margin of each annexed
sheet & we have attested his signature.
Having omitted to name a Negro boy named John Rachaels child, I do now will
& bequeath the said boy John to the children of W. P. Stroud, J. P. Brown,
J. S. Hafner
Peter Crawford
10.
My son, Davis T. Crawford on the same terms as those already mentioned and
it is further my desire that in addition to what I have already given my
adopted daughter, Mary Elizabeth Crawford that She shall have one bed & the
necessary furniture belonging to it. It is further my will & desire
that the Fourteenth section of this will shall be so altered as to give my
executors power to divide my Negroes & sell my property at any time after
my death that they may think is best for the interest of my estate.
W. P. Stroud, J. P. Brown, J. S. Hafner
Peter Crawford
The State of Mississippi
Winston County
In the probate court of said county at the October Term AD1854
In the matter of a certain instrument of writing purporting to the last will
and testament of Peter Crawford deceased.
Be it remembered, that at a term of the Probate Court of the County of
Winston, in the State of Mississippi, begun and held at the court house for
said county, on the third Monday in October in the year of our Lord Eighteen
hundred and fifty four, personally appeared in open court N. P. Stroud, J. S.
Hafner two of the subscribing witnesses to a certain instrument of writing
purporting to be the last will and testament of Peter Crawford, late of said
county deceased bearing date the 6th day of July 1854 who having first been
duly sworn, deposed and said that said Peter Crawford signed, sealed and
published and declared said instrument as his last will and testament in the
presence of these witnesses and also in the presence of J. P. Brown one of the
subscribing witnesses to said last will and testament on the day of the date
thereof, that said testator was then of sound disposing mind and memory and
more than twenty one years of age and that these deponents subscribed said
instrument as witness thereto at the instance and request and in the forever of
said Testator and in the presence of J. P. Brown one of the subscribing
witnesses to said instrument and also in the presence of each other on the day
and year aforesaid.
W. P. Stroud
J. S. Hafner
Sworn to and subscribed before me in open court this the 16th day
of October AD1854
William G. Hudson Clerk
The State of Mississippi
Winston County
In the Probate Court of Said County at the October Term AD1854
In the matter of a certain instrument of writing purporting to be the last
will and testament of Peter Crawford, deceased. Be it remembered, that at
a term of the Probate Court of the county of Winston in the state aforesaid,
begun and held at the court house in and for said county, on the third Monday
in October in the year of our Lord one thousand eight hundred and fifty four
personally appeared in open court J. P. Brown who having been duly sworn
deposed and said that the said Peter Crawford, signed, published and declared
said instrument as his last will and testament on the 6th day of July 1854 the
day of the date of said instrument, in the presence of this deposed and N. P.
Stroud and J. S. Hafner the other subscribing witnesses to the said instrument,
that said testator was then of sound and disposing mind and memory and twenty
one years and upwards of age and that the said deposment and the said W. P.
Stroud and J. S. Hafner subscribed and attested said instrument as witnesses to
the signature and publication thereof at the instance and request and in the
presence of the said Testator, and in the presence of each other, on the day
and year of the date thereof.
John P. Brown
Sworn to and subscribed before me in open court this 16th day of October
AD1854
William G. Hudson Clerk
The State of Mississippi
Winston County
I William G. Hudson Clerk of the Probate Court of said county do hereby
certify that the last foregoing last will & testament of Peter Crawford and
the proofs thereunto attached and order them duly recorded on the 15th day of
Nov. AD1854
William G. Hudson Clerk
Bond
The State of Mississippi
Winston County
Know all men by these presents that one William H. Crawford and W. C.
Matthews are held and firmly bound unto the State of Mississippi in the penal
sum of one hundred thousand dollars for the payment whereof will and truly to
be made and done we bind ourselves, one and each of our heirs, executors and
administrators jointly and severally firmly by these presents. Signed by us and
sealed with our seals and dated this 16th day of October AD1854
The condition of this obligation is that if the said Wm. H. Crawford and W.
C. Matthews executors of the last will and testament of Peter Crawford
deceased, do make a true and perfect inventory of all and singular the goods,
chattles and credits of the said deceased which have or shall come to the
hands, possession or knowledge of William H. Crawford and W. C. Mathews the
said executors or into the hands or possession of any other person of persons
for them, and the same so made, do exhibit to the Probate Court of Winston
County, at such time as they shall be thereto required by the said court and
the same goods, chattles and credits, do well and truly administer, according
to law, and make a just and true account of their actings and doings therein,
when there unto required by the said court, and further do well and truly pay
and deliver all the legacies contained and specified in the said will, as far
as the said goods, chattles and credits will extend according to the value
thereof and as the law shall charge them, then this obligation to be void, or
else to remain in full force. Witness our hands and seals the day and
year above written.
Wm. H. Crawford (seal)
W. C. Matthews (seal)
The State of Mississippi
Winston County
Personally appeared before me William G. Hudson Clerk of the Probate Court
of said county William H. Crawford and W. C. Matthews who severally
acknowledged that they signed, sealed and delivered the within and foregoing
bond on the day and year therein mentioned as their own respective act and deed
and for the uses and purposes herein named.
Given under my hand and seal of said county at office
in Louisville this 16th day of October AD1854
William G. Hudson Clerk
The State of Mississippi
Winston County
I William G. Hudson clerk of the Probate Court of said county do hereby
certify that the above and foregoing bond was received and filed in my office
for record on the 16th of October 1854, and that the same has been duly
recorded on the 15th day of November AD1854.
William G. Hudson Clerk
Testamentary Letters
The State of Mississippi
Winston County
By the Probate Court of said county, whereas Peter Crawford, deceased, late
of said county, made in his lifetime, his last will and testament, which at a
term of said court, begun and held at the court house of said county on the 3rd
Monday of October in the year of our Lord one thousand eight hundred and fifty
four was proved, approved, and admitted record in said court, and probate
thereof granted to William H. Crawford and W. C. Matthews the executors thereof
and therein appointed: and the said William H. Crawford and W. C. Mathews
having complied with the provisions of the statute in such cases made and
provided. Therefore, to the interest that the said will may be well and
truly performed, we do give grant and commit unto the said William H. Crawford
and W. C. Matthews the administration of all and Singular, the goods, chattles
and credits of, and belonging to the estate of said testator, with full power
to take the same into his hands and possession and to ask, levy, receive and
recover the same wherever they may be in this State, hereby requiring and
enjoining upon the said William H. Crawford and W. C. Matthews to make a true
and perfect inventory, of all and singular, the said goods, chattles and
credits which have or shall come to their hands, possession or knowledge, or
into the hands or possession of any other person or persons for them, or
to exticted the said inventory to our said court within the times limited by
law to well and truly administer the said goods, chattles and credits according
to law, to make a just and true account of this actings and doings therein when
thereof required by our said court, and to well and truly pay and deliver all
the legacies contained and specified in the said will, so far as the said goods
chattles and credits will extend and the law charge them, hereby confining the
said executors with full and ample authority to dispose of all and singular the
said goods, chattles and credits according to the terms of the said last will
and testament, and the true intent and meaning of the said testator, by virtue
of these presents.
Witness the Honorable Robert Washington, Judge of Probate of said county, at
the court house thereof on the 3rd Monday of October AD1854
Issued the 15th day of November AD1854
William G. Hudson Clerk
The State of Mississippi
Winston County
I William G. Hudson Clerk of the Probate Court of said county, do hereby
certify that the last foregoing testamentary Letters were received and filed in
my office for record and that the the same has been duly recorded on the 15th
day of November AD1854.
William G. Hudson Clerk
|
