The State of Alabama
Perry County } I, James W. Ross of the county and State aforesaid
being week in body and mindful of death but of sound and discerning
mind & memory do make Ordain declare and publish this my
last will & testament . . .
1st I commend
my spirit to God who gave it So So
Secondly, I will
and bequeath to my beloved wife Sarah E. J. Ross after all of
my just debts are paid for her Sole & Separate use during
her natural life one third of my estate both real and personal
by lot & choice And at her death I will and bequeath to my
children then living heirs of her body their decd mother's Share
of said estate to be equally divided, with all increase which
may arise from births.
Thirdly, I will
and bequeath to my beloved children then living at my decease
the other two thirds of my estate, after all of my just debts
are paid, both real and personal to be divided into as many lots
as there are children & as soon as either of them ___ to
the age of twenty-one or marries, I wish the lot then allotted
to him or her to be placed into his or her charge, & so on
as they become of age or marry.
Fourthly, I will
and bequeath to my beloved daughter Mary her lot of my estate
both real and personal for her Sole and Separate use during her
natural life only and at the death I give and bequeath to her
children heirs of her body their decd. mother's share for ever,
but Should She die without leaving a living offspring, it is
my express wish that the lot willed to her be equally divided
between the remaining brothers and Sisters.
Fifthly, I wish
for my children to be kept at School at the expense of my estate.
Should their education not be completed before my decease, provided
it can be done without interfearing too much in the payment of
Just debts and So long as there are assets in hand and some of
the children not completed their education, I wish that the profits
& the then remaining lots to be applied for the completion
of their education and Support so far as is necessary.
Sixthly any other
property that I may have from profitts and increase from the
above mentioned property or any other source whatsoever, I will
and bequeath to my beloved wife Sarah E. J. Ross & my beloved
children in the same manner and form before mentioned.
Seventhly, I will
and bequeath to my beloved wife Sarah E. Ross all of my household
and kitchen furnature of all kinds for her sole and separate
use during life and at her death it is my express wish for said
furnature to be equally divided between the then surviviing children
my hereinafter named Executrix and Executors deem it necessary
or profitable to sell any ___ or surplus property which might
be on hand, I wish it to be Sold and the proceeds applied to
the payment of any debt which might be against my estate . .
Ninthly, for the
purpose of carrying out and executing this my last will &
testament, I appoint my beloved wife Sarah E. J. Ross my executrix
& my worthy and trusty friend Elias George and my beloved
brothers John A. & William E. Ross to be my executors and
desire of them after my just debts are paid to make a division
of lot as above stated . . . Set my hand and Seal this 8th day
of December one thousand eight hundred and forty seven, And in
the seventy-second year of American Independence. Signed &
Sealed published and declared in the presence of W. A. Tarrant,
J. V. Perry
James L. McDonnell JAMES W. ROSS Seal
A codicil to my
last will & testament.
First, I will and bequeath to my beloved wife Sarah E. J. Ross
for her Sole & Separate use during her natural life my carriage
and a pair of her choice and at her death I will and bequeath
to my beloved daughter Mary the carriage & horses for ever.
I not be removed from this State to Louisiana or any other State
in the union before my decease & my beloved wife & children
should be desirous of moving to any state & by the consent
of the executors they have a right to do so through this my last
Will & testament & take with them any property that may
be in possession my executors have been chosen in the above will
and I desire of them to attend to this. In testimony whereof
I have hereunto set my hand and seal this 8th day of December
one thousand eight hundred & forty seven . . . JAMES W. ROSS
May 1848 Jno. Cunningham, Register