WILL OF JOSEPH MORGAN JR.
Wilcox County Will Book, Vol.*, p. 441

Transcribed by Barry Morgan, isham62@stlnet.com


In the name of God, Amen!
Know all men by these presents, that I, Joseph Morgan Jr. of the County of Wilcox and State of Alabama, being weak and feeble in body, but of firm and rational mind, knowing the uncertainty of life and the certainty of death, wishing to settle my temporal concerns to the best of my abilities as far as duty makes it incumbent upon me: do on this the first day of November in the year of our Lord One Thousand and Eight Hundred and Fifty Six, revoking and annulling all other wills by me here to fore made. Make. Constitute and declare this my last and true Will and Testament, in words following to wit;

1st     I give and bequeath unto my eldest daughter Elizabeth the wife of Seth Heath of this county the NE ¼ of the NE ¼ of section six in Township twelve, and the SE ¼ of the SW ¼ of section thirty two in Township thirteen. I further more give and bequeath unto my said daughter Elizabeth; My negro woman, Caroline, and her child, and the negro man “old Abe” and the negro woman “old Amy”. All of which property I bequeath to her and the heirs of her body exclusively always to be considered separate and apart from the estate of her husbands.

2nd     I give and bequeath unto my daughter Mary, the wife of Joseph A. Talbert of this county the SW ¼ of the SW ¼ of section thirty three in township thirteen and the NW ¼ of section thirty two in township thirteen. I further more give and bequeath unto my said daughter Mary, a negro man called Ell (Eli?) and also an equal undivided interest with her sister Nancy in the negro man Net (Ned?) All of which property I bequeath to her my said daughter Mary and the heirs of her body exclusively always to be considered separate and apart from the estate of her husbands.

3rd     I give and bequeath to my daughter Nancy, the wife of Nicholas Gurley of this county the SE ¼ of section thirty one in township thirteen and the NE ¼ of the SW ¼ of section thirty two in township thirteen. I further more give and bequeath unto my said daughter Nancy, the young negro man called Young Abe, and also an equal and undivided interest with her sister Mary in the negro man called Net. All of which property I bequeath to her my said daughter Nancy and the heirs of her body exclusively always to be considered separate and apart from the estate of her husbands.

4th     I give and bequeath unto my son Barba Morgan, of this county, the NE ¼ of the NE ¼ of section thirty one in township thirteen and the SW ¼ of the NW ¼ of section thirty two in township thirteen and the SE ¼ of the NW ¼ of section thirty two in township thirteen and the NW ¼ of the NW ¼ of section six in township twelve. Three of the above forty acre lots are already held by my said son, Barba, in virtue of a deed from under my hand. The fourth is given to him by this instrument. I further more give and bequeath unto my said son, my negro man Washington and an equal undivided interest with his brother Isham in the negro girl Mass. I also give him my brass mounted rifle.

5th     To my son, Isham Morgan, of this county, I give and bequeath the SW ¼ of the NW ¼ of section six in township twelve and the SE ¼ of the NW ¼ of section six in township twelve and the NW ¼ of the NW ¼ of section five in township twelve and the NE ¼ of the NW ¼ of section five in township twelve. Three of the above forty acre lots are already held by my said son, Isham, in virtue of a deed from under my hand. The fourth is given to him by this instrument. I further more give and bequeath unto my said son Isham Morgan, my negro man Jerry, and an equal undivided interest with his brother Barba in the negro girl Mass. I also give him the longer one of my two rifles.

6th     To my son Joseph Warren Morgan, I give and bequeath the NW ¼ of the NW ¼ of section thirty two in township thirteen and the NE ¼ of the NW ¼ of section thirty two in township thirteen, and the West ½ of the SE ¼ of section thirty one in township thirteen. I further more give and bequeath unto my said son Joseph Warren Morgan my negro boy Dan, and Henry, and my little negro boy Jack. I also give unto him the sorrel mare that he usually rides known as “Warren’s Filly”. The privileges and appurtenance to the above lands, being a gin and screw are included in this bequest.

7th     I give and bequeath to my son Franklin Morgan the NW ¼ of the SW ¼ of section thirty in township thirteen, and the E ¼ of the SW ¼ of section thirty one in township thirteen, and the SW ¼ of the NE ¼ of section thirty one in township thirteen with all privileges and appurtenance these unto and bequeath to my son George Franklin Morgan, my negro boy Dave and also my negro boy Tom. I also give him a mule called Beck and a mare colt between one and two years old.

8th     To my daughter Emilia Emaline Morgan. I give and bequeath the NW ¼ of the NW ¼ of section six in township twelve and the W ¼ of the NE ¼ of section six in township twelve. I also give and bequeath to my said daughter Emilia Emaline Morgan my negro woman Susie and her youngest child “Little Net”. I also give her the gray mule that I commonly ride and another mule called Bill.

9th     I give and bequeath to my afflicted daughter Lucy Eastern Morgan the E ½ of the SE ¼ of section thirty one in township thirteen and the SE ¼ of the E ¼ of section thirty one in township thirteen. I further more give and bequeath onto my said afflicted daughter my negro woman Lynn also the negro girl Let and the little negro boy Jim. I also give her my little wagon.

10th     I give and bequeath unto my grand daughter Ann E. Talbert, daughter of James Talbert of Clarke County, Alabama the SW ¼ of the SW ¼ of section thirty in township thirteen in the W ½ of the NW ¼ of section thirty one in township thirteen. I further more give unto my said grand daughter my negro woman “Old Mary” as I have given the above solely for the benefit of the dance. It is my will that there be a guardian appointed to take said property in charge until my said grand daughter shall become of lawful age, and that the guardian be required to give bond and security as the law directs.

11th     It is my will and bequest that my daughters Emilia Emaline and Lucy Eastern each have a bed and the necessary furniture and a place for it and that my sons Joseph Warren and George Franklin have likewise each a bed and its furniture. I wish Joseph Warren Morgan to have the short double barrel shot gun and George Franklin to have the long one.

12th     All of my stock not divided by this instrument consisting of wagon, gear, plows, axes, and etc. All of my household and kitchen furniture not already bequeathed by virtue of the instrument, consisting of cupboards, sideboards, tables, beds, clocks, and together with my set of blacksmith tools and the crop this year consisting of cotton, corn, fodder, potatoes and etc., and what remains of the crop last year, consisting of corn, I wish to be and remain on the place where they are (note). And that I will that they be the joint property of my sons Joseph Warren Morgan and George Franklin, and as my house has ever been the home of my children, when any of them choose to make it so, I admonish my two said sons on whom I have bestowed more property immediately available than I have or could have bestowed on the rest of my children to maintain the hospitality of the house generally and especially with regards to their brothers and sisters. And to the intent that this my last will and testament be carefully and truly carried into effect, I appoint William W. Sheffield of this County, my executor and attorney, to see that the provisions of this will and its bequeaths are faithfully executed and carried out, according to the true terms of this instrument.

I also appoint him guardian of my daughter, Lucy Eastern Morgan, until my son Joseph Warren Morgan arrive at lawful age when it is my will that he shall be made her permanent guardian and Trustee and that her comfortable maintenance shall be all equivalent for the use of her property, and as compensations of the said executor, I will that he shall receive the fees and immunities rendered by the court and similar cases.

Attested, signed and sealed on the day and date Above written in presence of:

James R. Fisher, Jr. (Seal)               Joseph Morgan
Albert Smith
John (His x Mark) Staca

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THE STATE OF ALABAMA                      PROBATE COURT
Wilcox County                             Regular Term
                                          (died) December 26, 1856

Estate of Joseph Morgan
James R. Fisher and Albert Smith, two of the subscribing witnesses to the fore going will of Joseph Morgan died late of Wilcox County Alabama

Personally appeared and in open court who after being duly sworn say on oath that the foregoing is the last will and testament of Joseph Morgan (dead) so for as they know or believe, that they saw the said Joseph Morgan sign the same and heard him declare that it was his last will and testament. That on the day of execution of said will to wit the first day of November, 1856, they signed the same as witnesses in the presence and at the request of the said Joseph Morgan, that at the time of the signing, publishing and declaring the same by the said Joseph Morgan to be his last will and testament, he was in sound and disposing mind and memory and over the age of twenty one years that said will was executed in Wilcox County Alabama.

Sworn and Subscribed in open court this 29th December 1856
Albert Smith
James R. Fisher
Jim A Jackson
Judge


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