
Allen Spurlock, Probated August 1864, Amite Co, MS
(This is a transcription of the Last Will and Testament of Allen Spurlock
located in the Amite County Courthouse in Liberty, MS. Page 159)
The Last Will and Testament of Allen Spurlock deceased
The State of Mississippi, Amite County, in the name of God amen. I Allen
Spurlock of the county and state where written being in good health of body
and of mind and disposing mind and memory and being desirous to settle my
worldly affairs which I have strength and capacity so to do make and
publish this my last will and testament in the manner following:
Item
1st I will that all my debt be first paid.
2nd I will and bequeath to my beloved wife, Francis Spurlock the
following described properties: Ten head of cattle, ten head of sheep, ten
head of hogs, one horse and one mule all of which are to be selected by
herself, one wagon, three yoke of oxen, all of my household and kitchen
furniture together with Mary a Negro woman and her child Hesten, Sam a
Negro man, Jim a boy aged about seventeen years and Milly a girl about
twelve years old to have, enjoy and hold the above specified property for
and during her natural life, after which I will that the same together with
the increase there of be shared and divided equally among my respective
children and grand children in the following manner: Thomas J., William,
Allen and James M. Spurlock to have each a child's part, also my daughter
Mary Brown to have a child's part, my grand children of John Spurlock to
have divided equally among then a child's part, my grand children of Josiah
Spurlock to have dived among then equally a child's part and my grandson
Benjamin F. Garner to share and receive but half the interest in and to the
above mentioned property of which his deceased mother 'Elizabeth Garner
would have been entitled.
3rd I further will and bequeath unto my beloved wife Francis the
following limited property together with all the tenants improvements and
building hereon for and during her natural life. Towitt the south east
quarter of section thirteen in township three of range five east containing
one hundred and sixty four acres and eighty hundredths of an acre. The
South west quarter of section thirteen of township three in Range five east
of basic meridian line and the North west quarter of Section nineteen of
township three in range five east of the basic meridian of the lands
directed to be sold at Washington, UT and at the death of my said wife I
then will that the above described lands together with all improvements and
buildings thereon as bequeathed to my wife go to and belong to my three
sons. Allen, Thomas J. and James M. Spurlock to be divided by themselves
or disposed of in such manner as they may think proper and best.
4th I further will that on a division of my Negro property or proceeds
coming from the sale there of three hundred dollars be discounted from the
interest there on to each of my three sons, Thomas J., Allen, and James M.
Spurlock because of the above gift of Lands which I have estimated at nine
hundred dollars.
5th I will that my tract of land commonly known and call the "Brown
tract" together with my farming utensils of every designation and such
stock as use not here mentioned and such as I may here after accumulate
disposed of at public sale by my Executors.
6th I will that in case my grandson, Benjamin F. Garner should die with
having attained the age of majority that the interest and property here in
before specified as bequeathed unto him be and revert back to my estate to
be equally divided among the heirs thereof.
7th The property herein specified as bequeathed unto my beloved
daughter, Mary Brown and all such property as she may inherit from my
Estate, I will and desire shall go and belong to her and the heirs of her
body exclusively.
8th Whereas already having made advances to my son Thomas J. Spurlock
amounting to twelve hundred and twenty dollars. Therefore, it is my will
that on a final division of the proceeds of my Estate, Three Hundred and
seventy eight dollars and fifty-eight cents be deducted from the same out
of his interest thereto because of this advance.
9th Whereas having made advances to my son Allen Spurlock amounting to
twelve hundred and eighty dollars. Therefore, it is my will that on a
final division of my estate, four hundred and thirty eight dollars and
fifty-eight cents be deducted from the same out of his interest thereto
because of the advance.
10th Whereas having made advances to my daughter Mary Brown Allen
Spurlock amounting to eleven hundred dollars. Therefore, it is my will
that on a final division of my estate, four hundred and thirty eight
dollars and fifty-eight cents be deducted from the same out of his interest
thereto because of the advance.
11th Whereas having made advances to my deceased son John Spurlock
amounting to four hundred and forty dollars. Therefore to make his
children equal, it is my will that on a final division of my estate, they
have allotted to them by my executors the sum of four hundred and one
dollars and forty two cents over and above what would have been this share
independent of this advance.
12th Whereas having made advances to my son William M. Spurlock
amounting to nine hundred dollars. Therefore, it is my will that on a
final division of my estate, fifty-eight dollars and fifty eight cents be
deducted from the same out of his interest thereto because of the advance.
13th Whereas having advanced to my deceased son Josiah Spurlock only
five hundred fifty eight dollars in his lifetime. Therefore, it is my will
in order to make his children equal, that my executors have set aside two
hundred and ninety one dollars and fifty two cents over and above what
would have been their interest independent of the advance and to be equally
divided amongst them.
14th Whereas having made advances to my son James M Spurlock amounting
to four hundred dollars. Therefore it is my will that on a final division
of my estate, that he have set aside to him four hundred and forty one
dollars and forty two cents in order to bring him up equal.
15th It is my will and intention that my grandson, Benjamin F. Garner,
shall not have or inherit any thing more from my estate than the interest
to him mentioned in the second item.
16th It is my will that the balance of my Negro property and such other
effects and may leave not herein mentioned, I desire to be divided, sold or
disposed of by my executors as circumstances may suggest according to the
provisions of my will.
17th I do hereby constitute and appoint my three sons: Thomas J.
Spurlock, Allen and James M. Spurlock as my lawful Executors to carry out
and execute this my last will and testament.
18th I do further will and bequeath unto my beloved son James M.
Spurlock my tract of Land on the east side of the Amite River commonly
known and called the "Keith Place" (the number of which I have not now with
me containing one quarter section and an eighth for which I charge him four
hundred and eighty dollars to be deducted from out of his interest in and
to my estate upon final settlement and division of the same after my death.
19th It is my will and intention that my Estate be divided equally among
my blank living children (including the advances already made and spoken of
and that interest yet due them) and that my grand children herein before
mentioned (except Benjamin F Garner) have divided equally among them that
portion and interest in and to my estate to which this deceased parents
would have been entitled.
In Testimony whereof I have hereunto set my hand and seal this 17th day of
December in the year of our Lord, 1841.
Allen Spurlock (Seal)
Signed sealed published and declared by the testator as and for his last
will and testament in the presence of us who at his request in his presence
and in the presence of each other have subscribed our names as witnesses
hereto.
E.M. Davis
E. L. Bramblet
Clinton M McGehee
FC Talbert
The State of Mississippi Amite County
In the Probate Court of the said county at the August term 1864, in the
matter of a certain instrument of writing purporting to be the last will
and testament of Allen Spurlock deceased.
Be it remembered that at a term of the Probate court of the county
of Amite in the State aforesaid begun and held at the Court House of said
County on the second Monday in August of 1864 personally affirmed in open
Court. E. M. Davis was one of the subscribing witness to a certain
instrument of writing purporting to be the Last Will and Testament of Allen
Spurlock, late of said county, deceased, who first being duly deposed and
said that the said Allen Spurlock signed, published and declared said
instrument as his last will and testament on the 17th day of November 1841,
this day of the date of said Instrument in the presence of this deponent,
E. L. Bramblet, Clinton M. McGehee and F.C. Talbert the other subscribing
witness to said instrument. That said Testator was then of sound and
disposing mind and memory and more than twenty years of age and that the
said deponent and the said E, L. Bramblet, Clinton McGehee and F.C. Talbert
subscribed and attested said instrument as witness thereto the signature
and publication there of at the special instance and request and in the
presence of said Testator and in the presence of each other on the day and
year of the date there of and the deponent further says that he said
Clinton McGehee and F.C. Talbert are dead as he is informed and believes.
Sworn and subscribed before me on this 8th day of Aug. AD 1864.
A. J. Whittington Clerk
E. M. Davis