SPURLOCK WILLS AND ESTATES

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Allen Spurlock, Probated August 1864, Amite Co, MS


Allen Spurlock, Probated August 1864, Amite Co, MS

Transcribed by Thomas J. Spurlock III

(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

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