WILL OF LEE McMILLAN
Wilcox County Will Book, Vol.7, p. 403-408

Transcribed by B.J. Smothers, bjsmothers@prairiebluff.com


State of Alabama |
Wilcox County |

Knowing the uncertainty of life, and while possessed of all my mental and physical faculties, I, Lee McMillan of Gastonburg, Wilcox County Alabama, do make and declare this my last will and testament, hereby revoking all former Wills, heretofore by me made.

I

I desire that my executor hereinafter named, shall, as soon after my death as is practicable, pay all my funeral expenses and all my debts.

II

I desire that as soon after my death as my executor desires practicable he sell all my personal property, including all live stock and cattle, and reduce all my personal estate and ***** in action to money, using his own judgment as to the manner and time of disclosure of same, having in mind the best interest of my estate.  In disposing of all my personal property, as aforesaid, my executor may sell same at public or private sale as he deems best, and may do so without any order or authority from any court whatsoever.

III

I hereby give, devise and bequeath unto my beloved wife, Pearle O. McMillan, my home place in Gastonburg, Alabama known as the house and lot purchased by me from W.H. White, and all the household furniture, pictures and all fixtures, said home place and furniture to be my wife's for her natural life without power of disposition of same and at her death to my three boys Emmet Earle, Edwin Lee and Cecil Malone, share and share alike.  In making this disposition of the home place, it is my intention to only devise my wife a life interest in same, without power of disposition: that she shall not sell or otherwise dispose of same, but shall keep same as her home as long as she lives, and after her death to my three boys, named above, share and share alike, to dispose of as they see fit.

I further give, devise and bequeath unto my beloved wife Pearle O. McMillan, the sum of two thousand ($2000.00) Dollars in cash to be paid to her by my executor out of the first money coming into his hands, either from cash I might leave in Banks or from money realized from the sale or other disposiotion of my personal estate, this of course, after the payment of my funeral expenses and all my debts.

I further give and devise unto my beloved wife, Pearle O. McMillan, the sum of Ten Thousand ($10,000.00) Dollars, to be held in trust, however, by the First National Bank in Mobile, Alabama, for the following uses and purposes.

I desire that this sum of Ten Thousand ($10,000.00) Dollars be deposited by my executor in the savings department of the First National Bank in Mobile, Alabama, to bear interest at the best rate possible to secure, the interest arrived from this Ten Thousand ($10,000.00) Dollars to be paid by the First National Bank in Mobile, Alabama, to my wife, Pearle O. McMillan, semi-annually.  The principal sum of Ten Thousand ($10,000.00) Dollars so deposited shall be held by the First National Bank in Mobile, Alabama, during the life of my said wife, to bear interest as addressed, except that during each year after this amount is so deposited my said wife may draw from the principal of said fund any sum not in excess of Five Hundred ($500) Dollars.  At the death of my wife, Pearle O. McMillan, the balance on deposit in the First National Bank in Mobile, Alabama, shall be paid by it to my three sons Emmet Earle McMillan, Edwin Lee McMillan, and Cecil Malone McMillan share and share alike. This sum of Ten Thousand ($10,000.00) Dollars to be deposited as aforesaid in the First National Bank in Mobile, Alabama, shall come out of money as follows:  The proceeds from my life insurance policy of Five Thousand ($5,000.00) Dollars shall be deposited to assist in making up the Ten Thousand ($10,000.00) Dollars, but in case, by any chance, the proceeds from this life insurance policy are not collected, then the whole amount of Ten Thousand ($10,000.00) Dollars is to be deposited as aforesaid, by my executor out of monies coming into his hands, as such, but if that insurance money is collected it is to be used in assisting to make up this Ten Thousand ($10,000.00) Dollars.

IV

I hereby give, devise and bequeath unto Pinkie Titus, the negro girl who has lived with me since she was a child the sum of Three Hundred ($300.00) Dollars, to be held in trust, however, as follows:  This sum is to be paid by my executors as such to my oldest son Emmet Earle McMillan and be held by him and paid to Pinkie Titus at such times and in such amounts as he thinks best for her.  My intentions in making this bequest is that Pinkie Titus shall not come to actual want after my death and this sum of money is to be held by my son Emmet Earle McMillan in trust for her, and paid over to her by him at such times and in such amounts as he deems best.

V

God has given me three boys, Emmet Earle, Edwin Lee, and Cecil Malone, and I have been blessed to live to see all three of them of age and married.  I have always loved all three alike and during my life have always been impartial to all and favored neither; and after my death it is my desire that neither one of the three receive more of my estate than the other.  If at the the time of my death any one or all of them is indebted to me in any sum of money by advancement, loan or otherwise, before partaking in the division of the residue of my estate as hereinafter set out, each one of my sons shall put back into the estate such amount as he is due me by advancement, loan or otherwise. And I hereby give, devise and bequeath unto my three boys, Emmet Earle McMillan, Edwin Lee McMillan and Cecil Malone McMillan share and share alike, all the rest and residue of my estate, real, personal and mixed.

It is my earnest hope that the real estate of which I shall die seized shall be divided by my three boys among themselves without selling or otherwise disposing of same, for the purpose of making a division or be held by them as part owners.  I do not place any limitation on their right & power to dispose of same as they see fit, but it is my wish that they do not deem it necessary to sell or dispose of any of my real estate in order to perfect a division, and if at the expiration of twelve months after my death my three boys have not been able to agree as to a division among themselves of my real estate, then I now make and appoint W.A. Menafee of Alberta, Alabama, W.L. Bruce of Catherine, Alabama, and E.W. Barry of Camden, Alabama, a committee of three to go over my real estate and divide such among my three sons as equitably as they can taking into consideration the value and situation of each separate parcel.  In case either one of the said parties mentioned above dies before I do, then in case it becomes necessary for the two remaining to act hereunder they shall appoint a third person who is a disinterested party to act with them, and upon making the division among my three boys their finding shall be in *****, and shall be filed in the Office of the Probate Judge of Wilcox County, Alabama, and their action shall be final without any court procedure whatsoever.  It is my hope that this action will not be necessary, but that my three boys will agree among themselves to an equitable division of my real estate.

I designate and appoint my eldest son Emmet Earle McMillan as executor of this my last will and testatment and declare that he shall not be required to give any bond for the performance of his duties arising hereunder nor shall he be required to make any inventory of the property coming into his hands as such executor, nor make any report to any court of his proceedings hereunder, but perform his duties without any order authority from any court whatsoever.  My said executor shall not receive the regular compensation allowed by law in such cases, but shall only be paid his traveling expenses and Six ($6.00) Dollars per day while engaged in the performance of his duties arising hereunder.

In witness thereof I hereunder set my hand and seal this the 18th day of December, in the Year of our Lord, 1919.

Lee McMillan {SEAL}

Signed, sealed and declared to be his last will and testament by Lee McMillan in our presence, and we in his presence and in the presence of each other and at his request thereby set our names as witnesses the day and year written in the will .

H.H. Wilkinson
J.H. Chambers

Filed this the 15th day of April, 1920.

Pat M. Dannelly
Judge of the Probate


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August 27, 1999
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