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Wills and Estates

Contributed by Frances Clark Cronin
December 4, 2005

The State of Mississippi.
I William Clark a citizen of the City of Jackson & said State do make this my last will and testament thereby revoking all former wills codicils & testamentary dispositions of my property whatever.

1st      Whereas at the earnest request of my beloved wife Sarah G Clark by mutual deeds of release & relinquishments between the said Sarah G & myself dated the 19th day of September 1855 whereby we severdly released to each other our several interests in the respective property of each other and believing that the property which my said wife passes in her own right together with the provisions herein after make for her will be amply sufficient for her suitable maintenance and dignity.  I therefore loan to my said wife during her widowhood and while she may choose to occupy the same the house & Lot in Jackson where I now reside.  I also loan to her during her widowhood my Negro Man Stephen & his wife Maria the horses Bonaparte & Monkey the carriage & the new buggy and horses & the land I bought of the State on Lake Spring near the city of Jackson.  I give to my said wife one hundred Bushels of corn one thousand pounds of fodder__ one thousands pounds of Pork five Ewes and lambs two choice cows and calves two Sows and pigs__all of my family Stores. and two hundred dollars in cash.  all of said property to be delivered to my said wife at the date of my decease except the Negroes named which my be on my farm and not in her possession at my death. for such Negro not in her possession my executor is to pay hire until the first day of January .  thereafter to my said wife & at that date to deliver said last named slave or Slaves as the case my be to my said wife.

2nd   I have given to all my children property estimated by me to be equivalent to five thousand each and have taken assignments and relinquishments from my five youngest children of all interest they severally had in a certain deed of trust executed by me the 15th day of May 1846 to R. A. Clark as trustee for their use and benefit and have given to my said five younger children other property not included in said deed in the stead and place of the property Specified in said deed_so that my five youngest children have no interest whatever by virtue of said deed in trust in the property Specified therein. and I have executed and delivered to my Daughter Jane E. Pickett a deed to a house & lot in the city of Jackson in consideration of the sum of fifteen hundred dollars secured to be paid by said deed of trust to said Jane E. so that all of the property specified in said deed of trust belongs to me to do  with as I please except so far as I have conveyed and disposed of the same heretofore.

3rd    I give to Louisa A. Boddie her heirs and assigns the lane between Henry E.E. Sizers Lot and the Lot now occupied by Mr  Ozanne and sold by said L.A. Boddie to Mr. E. Myers.

4th    I have of this date executed to my children James B and Mary O. severally deeds for certain Negroes to be delivered to them on the 1st of January 1860 which comprises their equal shares in my estate. that has been distributed among my children.  If I should die before said Negroes are to be delivered then my executor is to pay said James and Mary repectively the sum of fifty dollars per month for said Slaves until the same are delivered according to the tenor of said deeds.

5th     My Executor shall sell at such time and place at public or private sale and upon such terms and conditions as he may think most advisable my plantation on Society Ridge and my other land owned but not herein otherwise disposed of  If the Negroes belonging to my estate at my death cannot be divided among my children by agreement among themselves then my executor is to sell them at public auction to the highest bidder at such time and place and upon such terms as my children may agree and if they so not agree or then my said executor shall sell said Negroes according to law but my children alone are to bid for said Negroes at such sale it being my desire that no persons except my children or grand children shall own any of my slaves.

6th    It is my earnest request of my children that my old Negroes be particularly provided for among themselves.

7th     At the death of my said wife my executor is directed to sell the property I have loaned her herein upon the same terms and  conditions and with the same powers herein conferred upon him in the sale of my other estate.

8th    After all my just debts are paid my Executor is directed to divide the proceeds of the sales of my personal and real estate so sold by him as directed in the fifth clause herein among all my children the children of my deceased child taking the share their parents would have received if living. each of my children sharing equally in my estate.  If my slaves are divided in  herein and not sold all my children living at my death & the surviving children of any deceased child are to receive equal shares of said slaves it being my design herein that my children living at my death and those who my have died shall share equally in the benefits of my entire estate remaining to be distributed. the children of the deceased parent taking only the parents share.

9th     I appoint Micajah Pickett as trustee to take charge of the property derived from the estate to which my daughter Caroline Kilpatrick would have been entitled to if living at my death and the same to hold in trust for my grandchildren Jessie and Louisa Kilpatrick and if either of them dies without children or a child surviving them the survivor is to take the share of the deceased sister and if both die without a child or children surviving them then the property is to be divided among my children and the children of any deceased parent according to law.

10th    I further direct that if any misunderstanding should arise as to the proper construction of this will that a majority of my children living at the time shall decide the matter or select referees who shall decide the Matter and such decision shall be final and regarded as a part of the will to be executed by my executor.

11th    I direct my executor to reserve from Sale one acre of ground where the graveyard of my family stands at my farm on society Ridge and to enclose the said graveyard with a substantial and durable rock wall or iron fence and to pay for the same out of any monies in his possession.

12th     I give to my son Robert A Clark at my death my death my Negro man Ben Perry as a compensation for losses sustained by him which negro is not to be deducted from said Rober A¹s interest-in the residue of my estate herein mentioned bo be divided among my children at my death.

13th     I hereby appoint my son Robert A. Clark my Executor to carry into effect the provisions of this will and his is to give no bond or security and I give him five hundred dollars in full for his compensations and trouble as such  executor in the _________?

14th     I further give to my said wife all my kitchen furniture the little Wagon and such household furniture as my said wife my have purchased before or since our marriage with the proceeds of her separate estate and I loan to her during her widowhood all my other household furniture also Emily and her two children Francis & Lucy and the land I bought from C Boddie near Jackson.

In Testimony whereof I have herein to set my hand affixed my seal this
10th day of April 1859.
A. Morgan                                    W. Clark         SEAL
Jo Bell
R.A .Clark


Page Created December 4, 2005
Copyright 2005 Jane Combs All Rights Reserved
Submission Remains the Property of Frances Cronin