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WILL OF JAMES MUNFORD, DECEASED
This Last Will and Testament of JAMES MUNFORD of the County of Perry in the State of Alabama.
In the name of God Amen!! I, JAMES MUNFORD, of the above County and State being of sound memory and disposing mind do hereby make and ordain this My Last Will and Testament and do hereby dispose of the property and effects real and personal which it pleased a kind Providence to bestow upon me in the following manner to wit;
First-I give and bequeath unto my daughter SARAH UNDERWOOD and her heirs forever a Negro Man named DAVY about 18 years of age.
Secondly-I give and bequeath unto my daughter JANE UNDERWOOD a Negro Woman MARY to have to her and her heirs forever.
Thirdly-I give and bequeath unto the children of my daughter late deceased ELIZABETH MASON to wit: MARY JANE, DAVID, JOHN E., JAMES, ANN B., MARTHA & WILLIAM, children of JAMES MASON, a Negro boy (DUCK or ALEXANDER) to have to them and their heirs forever.
Fourthly-I give and bequeath unto POLLY MORRISON, my daughter and wife of JOSIAH MORRISON a Negro Man GEORGE to have to her and her heirs forever.
Fifthly-I give and bequeath unto my daughter REBECCA LOUISA GILMORE wife of JAMES GILMORE and her heirs forever a Negro Woman OLIVIA and her Daughter CELA.
Sixthly-It is my will and desire and is hereby directed so to be that the slaves following to wit: NAT, PEPE, ANDERSON & CINDA after my death shall be sold by my Executor herein after named upon a credit of tutor? months and when the money arrising therefrom shall be collected I give the same to my daughters herein before provided and my above named grandchildren, they taking their mother's share and my son JOHNSON to be equally divided among them and my daughter ANNA ADAIR share and share alike.
Seventhly-It is also my will and desire that all my stock of hens, mules, cows, hogs and stock of all kinds shall be sold in the same terms & the monies arising therefrom shall be divided in the same manner as directed in Item Six next above.
Eighthly-It is my will and desire that my son JOHNSON shall pay for the use of my Plantation Slaves during my life as rent and hire for the sum of One Hundred Dollars per year beginning with the First of January 1842, and continuing up to the time of my decease to be divided equally among my daughters and grandchildren above named the latter taking their mother's part as if she was alive.
Ninethly-It is my will and desire that a certain note made by my son JOHNSON for Three Hundred Dollars payable to me with interest from date of compair? at the time of my death shall be paid to my daughters and grandchildren to be divided as in the foregoing section...Item 8.
Tenthly-It is my will and desire that all my household and kitchen furniture not otherwise hereby disposed of shall be sold as in Item Six and the monies arrising therefrom I give and bequeath as in Item Six.
Eleventhly-It is my will and desire that my daughter ANNA ADAIR have half a dozen silver _____? spoons to be delivered to her by my executor immediately after my decease.
Twelthly-It is my will and desire that my funeral expenses and Tombstone, if these last are not paid for before my death, shall be paid for by my Executor out of monies to be raised by the sale of my stock and furniture herein before mentioned but if paid for in my lifetime the Tombstones are not to be charged to my Estate.
Lastly I hereby appoint, ordain and constitute my son JOHNSON MUNFORD Executor of my Last Will and Testament not meaning or intentioning by such appointment to release him from any debt or liability he may now or hereafter owe to me or my Estate.
Given under hand and seal in the presence of HUGH DAVIS, DAVID LONG & JOHN CUNNINGHAM on this the 9th day of August A.D. Eighteen Hundred & Forty Four.
JAMES MUNFORD Signed Sealed and Delivered in the Presence of HUGH DAVIS, DAVID LONG, JOHN CUNNINGHAM
Recorded November 3rd 1845 JOHN CUNNINGHAM, Register By W. CUNNINGHAM
MATTER OF FINAL SETTLEMENT OF THE ESTATE OF JAMES MUNFORD DECEASED
This day came MOSES J. MUNFORD, Executor of the Last Will and Testament of JAMES MUNFORD,deceased, who at the custom? of SARAH UNDERWOOD and the other legatees of testators estate a Rule has been regularly offered from the Office of the Clerk of this Court requiring said Executor to appearaux show cause why an attachment should not ofine for his person for faiing and refusing to appear and file his account and border? for final settlement of said estate in obidence to a citation furious? ipium? against him & which several processes have been returned to this office in the Sheriff of said County duly ofecited and now here produces his accounts & vouchers for final settlement & prays that the same may now at this time be examined, stated followed as the Law directs or by the dereobine of said will and it appearing to the court that JAMES MASON Guardian ad totem of the minor heirs of said estate is now here in open Court having been duly appointed nd notified & saying nothing against the allowance of said account and that SARAH UNDERWOOD, daughter of Testator, JAMES H. GILMORE & his wife REBECCA L. GILMORE, daughter, MATTHEW M. UNDERWOOD, his wife JANE UNDERWOOD, JOSIAH A. MORRISON & his wife MARY MORRISON, daughter, all of the above named husbands as agents for their wives waiving the notice requested by law, such in cases of final settlement, and also the said JAMES MASON, Guardian adliteus of the children of his deceased wife ELIZABETH M. MASON, who was daughter of Testator.
The Court proceed to examine Estate & report said accounts and morein whereby it appears that said Executor is chargable with the sum Three Thousand One Hundred & Forty 87/100 dollars ($3140.87) and is entitled to credits to the accurant of Five Hundred and Ninety Nine 63/100 dollars ($599.63) having a balance against said Executor of the sum of Two Thousand Five Hundred Forty One 24/100 ($2541.24). It is therefore ordered adjudged and decreed that the said accruints be allowed as stated and that the s___? be recorded and filed, and the court proceed to distribute the said sum of Two Thousand Five Hundred Forty One 24/100 dollars the balance so found against said Executor by the said Last Will and Testament of the said JAMES MUNFORD, deceased, among the legatees in manner & form following, to wit;
1. To SARAH UNDERWOOD , the widow of JAMES UNDERWOOD, and daughter of Testator the sum of ?.
2. To JANE UNDERWOOD, wife of MATTHEW M. UNDERWOOD, daughter of Testator the sum of ?.
3. To MARY MORRISON, wife of JOSIAH MORRISON who was daughter of Testator the sum of ?.
4. REBECCA GILMORE, wife of JAMES H. GILMORE, who was daughter of Testator the sum of ?.
5. To ANN ADAIR, wife of JOSEPH ADAIR, who was daughter of Testator the sum of ?.
6.To MOSES J. MUNFORD, son of Testator the sum of ? which is hereby decreed as his legacy of said estate & which he as Executor of said Estate is allowed to retain in his own hands.
To MARY JANE CLARK, the wife of JAMES CLARK, who was daughter of ELIZABETH M. MASON, deceased the sum of ?.
To JOHN E. MASON, legatee under said will the sum of ? as his distribution share of said Estate.
To ISABELLA A. B. MASON, legatee under said will the sum of ? as her distribution share of said estate.
To JAMES R. MASON, legatee under said will the sum of ? as his distribution share of said estate.
To MARTHA E. MASON, legaee under said will the sum of? as her distribution share of said estate.