Washington Hutchinson
Last Will and Testament
Livingston, Sumter County, Alabama
April 18, 1845
Transcribed: 01-Oct-2000 by Thomas H. McKnight III great, great, great grandson of Washington Hutchinson Oviedo, Florida Note: Thanks to Martha Grace for making copies of the original will at the courthouse in Livingston, and mailing them to me. Note: From the book of wills, there is an original copy of Washington Hutchinson's will and a just slightly more readable copy of the original will. The formating preserved here is from the copy of the original. |
page 273 Washington Hutchinson -- The State of Alabama Last Will & Testament -- Sumter County I Washington Hutchinson of said county of Sumter and State of Alabama being of sound and disposing mind do make and ordain and publish this my last will and testament hereby revoking all former wills by me made. I direct my body to be decently buried and I dispose of my property and Estate as follows--- First I direct my funeral expense and debts to be paid out of the first money that may come to the hands of my executors from the increase of any of my property.- Secondly I give and bequeath to my executors herein after named, a negro girl named Ann aged about sixteen years, in Trust for the use & benefit of my Grand Daughter Virginia Ann Neal, child of my deceased Daughter, Joanna, late wife of James Neal; to have and to hold said slave on trust as aforesaid with my said Grand Daughter shall become of age, or marry, on the happening of which event, said slave to ?vest? absolutely in my said Grand Daughter her executors and administrators. Should my said Grand Daughter die before |
page 274 she shall arrive at age or marry then said slave to revert to my estate or to ?descendants? and be disposed of, as to rest of my ??????? Estate, not hereafter specially bequeathed, is ?directed? to go. Thirdly I hereby ratify and confirm a gift previously made to my daughter Sarah Manson?? of a negro girl named Martha, also of a bed & furniture and a saddle and Bridle. Also I hereby ratify & confirm a gift by me previously made to my daughter Susan McKnight of a negro girl named Francis, also of a bed & furniture & a Saddle & Bridle, also I hereby ratify & confirm a gift by me previously made to my daughter Elizabeth ?Summerlin? of a negro girl Jane, a bed & furniture & a Saddle & Bridle. I also ratify and confirm a gift by me previously made to my Daughter ??lda Baines of a Bed & fur- niture & a Saddle & Bridle, and I give to my said Daughter ??? a young negro worth four hundred dollars to be by her chosen from my slaves. Said choice however to meet the approbation of her mother my wife. Should |
page 275A ?quine? that all my estate not specially bequeathed be equally divided among my children and my before mentioned Grand -children, and should either of my children or my said Grandchild be then dead leaving issue it is my will and desire that the child, or children of such deceased child or Grandchild take into or their parents share. Should either of my children or Grand -child die without issue, I declare it to be my will that any property going to such decendent by this will by special or general ?legcey?, bequest or devise go and deceased to the surviving of my child- ren & Grand-child or their issue they being dead. I wish and empower my said Executors to keep my Estate together until the proceeds may pay my debts should I leave any and not leave money enough to discharge them, but I do not wish my ?legatus? & devices to be delayed in the en -joyment of the legacies bequests and de- -vises herein ???? them longer than may be absolutely necessary. And should it be necessary for my executor to retain my Estate for any time for the payment of my |
page 276 debts (which I do not expect will be necessary) I wish my wife & any of my children that may be single & my said Grand-child should she be single or the representatives of any of them, should any be dead, to be in the mean time comfortably & decently supported from my estate. They enjoying as full posses- -ion as may be consistent with the employ- -ment of my property for the payment of my debts. I hereby nominate ?constitute? and appoint my sons in law Robert Mason and Francis H. McKnight my executors to this my last will and testament. For testimony of all which I have here unto set my hand & affix my seal this the eighteenth day of April AD 1845. |
Signed sealed and -- Washington Hutchinson delivered in presence of Robert W. Smith J. Lattle Smith Robly Guge |
Estate of - The State of Alabama Sumter County W. Hutchinson Dec. - Know all men by these presents, that we Robert Mason John McKinnis and R. H. Whitfield are held and firmly bound unto Anthony W. Dillard judge of Probate for said county, in the sum of forty Thous- and Dollars, to be paid to the said judge or to his successors in office. For which payment, well and truly to be made we bind Ourselves, our Heirs, Executors and administrators, jointly and severally firmly by these presents, sealed with our seals, this 17" day of November 1857. The condition is such that whereas the above bound Robert Mason has been ap- pointed special administrator of all and singular the goods and chattels, right a and credits of Washington Hutchinson deceased. Now if he shall well and truly perform all the duties which are or may be required of him as such administrator then the above obligation to be void other wise to remain in full force. Signed, sealed acknowledged and Robert Mason delivered in open court John McInnis attest A. W. Dillard ??? R.H.Whitfield approved November 17" 1857 A W Dillard judge The State of Alabama of Sumter County I A. W. Dillard judge of the Probate court of Sumter County certify that letters of special administration on the estate of Washington Hutchinson were on the 17" day of November 1857. granted Robert Mason, who has duly qualified and given bonds as ??? and is authorized to administer such estate. Dated this 17"day of November 1857 A. W. Dillard judge Estate of November 1857 Special Term Washington Hutchinson Upon application it is ordered and decreed that Robert Mason be and he is hereby appointed special admin- istrator of Washington Hutchinson late of said county to continue until the will of said deceased shall be probated, and that letters issue to him accordingly he having given bond in the sum of Forty Thousand dollars with John McInnis & R.H. Whitfield as securities which bond is approved & ordered to record and file, and John McKinnis W. G. ?oh?son and De??? Cockerell are hereby appointed to appraisal the goods and chattel of said deceased. |
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