Estate Records of Wesley Williams

The State of Alabama, Macon County

I Wesley Williams of Auburn in the said county, being of sound and disposing mind and memory, but being in an affectus condition of body and knowing the certainty of death, do hereby declare and publish the full owing of my last will and testament and do hereby revoke and null all former wills by me, heretofore made,

Item 1.  I do hereby bequeath my body to the earth from whence it came and request my Executor and friends to know the same decently interred.  My soul I give to You with a lively and feeling hope of my eternal salvation through the merits of my Lord and Savior Jesus Christ.

Item 2.  I hereby instruct my executor herein after named to pay off and discharge all lawful demands which may be against me.

Item 3.  In consideration of the love and affection which I have for Warren S. Douglas, of the State of Louisiana, I do hereby give and bequeath to him the following Negroes to wit Washington, a man thirty three years old, Mariah a woman about thirty five years old and Harriet a girl about ten years old which Negroes are now in his possession.  I also give to the said Warren S. Douglas Bob a man about twenty eight years old, his wife Mariah about thirty years old, Emma a girl about twelve years old, Richard a boy about ten years old, Dennis a boy about eight years old, William a boy about six years old and Sarah a girl about three years, which Negroes are at my plantation in Russell County, Alabama to have and to hold to him his heirs and assign forever.

Item 4.  I give and bequeath to my beloved wife, Mary A. Williams, my new carriage and horses, the furniture in her room, all the silver marked with her name, the set of china ware, and all the bedding she may have had at the time of our marriage, or which may have been made since.  The sum of one thousand dollars in cash to be paid to her by my executor and of my present crop of cotton, to have and to hold to her, her heirs, assign forever, subsequent however, to their condition that are the foregoing property, together with the property next herein given to her qualifying, shall be accepted and received by her in lieu and place of her Dower and of Dower in and to any and all lands in which she would be entitled to Dower by the Laws of this State, I also give to my said wife the following named Negroes and their natural increase, to wit Seaborn a man about thirty three years old, Clayton a boy about eighteen years old, Mary a girl about fifteen years old, Cynthia a woman about thirty five years old, and her three children, to wit Beard a boy about seven years old, John a boy about five years old, Green a boy about three years old, also Emma a woman about twenty eight years old, and her two boys Eddy ten years old and Henry eight years old, Tom a man about twenty three years old and his wife Martha about nineteen years old, and one boy child about two years old.  All of said Negro slaves and the increases to have and to hold to her and during her natural life or widowhood, subject however to the foregoing condition, that she accept and receive the same in lieu of her Dower and right of Dower in and to any land of which I have been  or may now be seized and possessed, and upon the termination of her said estate in same property be her marriage or death, or her refusal to accept the same in lieu of Dower as aforesaid said, then said property shall to and become the property of my daughter, Cornelia in the same manner and upon the trusts herein after contained in reference to the estate given to her.

Item 5.  The rest and residence of my estate both real and personal, and of whatsoever character the same may be, I do hereby give, devise, and bequeath to my Executor, herein often names, in trust and confidence for the sole use and benefit of my daughter, Cornelia G. Williams, a sole and separate estate and during her natural life, free and independent of the debts, contracts, and liabilities of any husband she may hereafter have and upon her marriage, if she shall desire it, my said Executor or her succession in trust, shall permit her to have the use and possession of said property, and while the same may be in her possession, her trust shall not be liable for waste of the same, but it shall be her duty to present said courts in such manner as she may desire proper and best, and if my said daughter should die,   without child or children, or representation of children living at the time of her death, then it is my will and I hereby direct all of her said estate to go to and be equally divided with my brothers and Warren S. Douglas.  Share and share alike to such and in case of the death of either or all or any of them, then their children shall have the share the Father would have been entitled, if living, to have and to hold to assign forever.

Item 6.  I hereby nominate and appoint my brother, Walter G. Williams of Opelika as Executor of this my last will and testament, with full power and authority to execute the same without being required to give bond and security as required by statute.  And I hereby direct that such bond and security shall not be required of him, by any court, upon his qualification as Executor thereof-- In testimony whereof I have hereto set my hand and seal this Saturday night, September 29th, 1860.

Wesley Williams

We do hereby certify that Wesley Williams the testator above names signed, seal published and declared the foregoing was ? to be last will and testament in our presence at this time therein mentioned.

Jos. F. Sal
Addison Frazier
Wm. H. Lamar

This will was admitted to probate on the 12 day of November 1860 and I hereby certify that the same is recorded on Book No. 9 at pages 399, 400, & 401.

From under my hand 12 November 1860
Lewis Alexander
Judge of Probate

The following is a list of the personal estate of Wesley Williams, Dec. appraised by us in Russell County, Ala to wit

Alabama
Macon County

We Simeon Perry, Addison Frazer and Robt Kellam having been appoointed by his Hon Lewis Alexander, Judge of the Probate Court of said county distributors of the personal estate of Wesley Williams late of said county. deceased did on the 3rd just meet at his plantation in Russell County and after being duly sworn according to law in such cases made and provided proceed to value and divide said estate between Mary Williams the widow of said deceased and his daughter Miss Cornelia Williams do make the following report.

                                                 Mrs Mary Williams                                Miss C. Williams