Will of Ruth Cook
File Compiled and Submitted by Sue (Skay) Abruscato <sueskay@pacbell.net>

#1
In the name of God:  Amen:  Whereas I Ruth Cook being seriously afflicted  in body, but of sound and discriminating mind do hereby make and  publish this my last will and testament hereby revoking all others.
In the first place I give, will and bequeath unto my beloved sister  Sarah Cook, for the love and affection I bear her, the following  negro slaves, to wit:  Delpha, aged about twenty eight years;  Phillis about eight; Dolly about six, Munday about four; Ben about  two years and Lewis about six months old to have and to hold to her  own proper use and benefit during her natural life, and at her death  it is my will that the above described slaves with their increase  shall descend to my beloved brother John S. Cook in consideration
of the natural love and affection I bear him, and his kindness and  goodness towards me during my whole life, and especially during my long and protracted illness.

I also give, will and bequeath unto my beloved brother John S. Cook an old negro man Isaac and as Isaac has been a faithful servant I entreat him to use the old man kindly.

I give, will and bequeath unto my beloved niece Mary Land, for her tender care and watchfulness over me in my illness the sum of fifty dollars, and also her legal share in my estate or the balance of the same.  The balance of my estate after paying my just debts and funeral expenses I want equally divided between my brothers and sisters and their legal heirs, to wit:  John S. Cook; Evan Cook; the heirs of Martha Rucker's body, the heirs of Henrietta Buck's body; the heirs of Margaret Davis's body; the heirs of Mary Land's body.
I hereby appoint my brother John S. Cook my executor; to carry into effect the foregoing will and last testament, and require him to sell all the balance of my estate not bequeathed to John S. and Sarah Cook and distribute the money equally as aforesaid and at as early a period as practicable.  My body I give to my friends to be interred in a decent and Christian-like manner and my soul I give to God who gave it [ as the ? ] Great Author of our Being. - I

testimony whereof I [hereunto ?] set my hand and seal 27th [ day of
?] August 1851.
In the presence of James Henderson

NOTE:  Bracketed [  ] words were blank, I filled in with words that normally
appear there.  Page under James Henderson not copied.

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#2
State of Mississippi, Hinds County: to Wit}  Probate Court at December Term 1851

Personally appeared in open court James Henderson and Lindsey Dixon, subscribing witnesses to a certain writing purporting to be the last will of Ruth Cook dec'd late of said County, contained on this sheet and dated 27 August 1851, who having been first duty sworn, disposed and said that said Ruth Cook signed, sealed, published and declared said instrument as her last will in the presence of these disponents on the day of its date that said testatrix was then of sound, decisive mind and meaning and more than twenty one years of age.
And that these disponents subscribed said instrument and request and in the presence of said testatrix and also in the presence of each other, on the day and year aforesaid.

Sworn and subscribed in open court this 8th
December 1851}
L.  Dixon
James Henderson
 

To the Honorable A. L. Dabney, Judge of the Probate Court of Hinds County in the State of Mississippi.
 

The petition of John S. Cook respectfully represents that he was appointed Executor of the last will of Ruth Cook, late of said County, deceased.  That now about two years ago, he qualified as such according to law, and has since been acting in that capacity - that as no reason exists why the administration on the estate of said testatrix should be longer continued, he desires in due time to make a final settlement, &c and suggests the third day of the March Term of the Court in the year 1854, and as a suitable time for doing so - that he now files with this, his petition, his final settlement, as fully made out as can now be done, and states that the persons interested under the will of said Testatrix are - this petitioner, Sarah Cook, Evan Cook, William H. Land, David C. Land, and Thomas C. Land - all of full age and residing in said County of Hinds, Floyd Seale and Mary his wife, residing in the County of Copiah; - Minerva M. Rucker, Thomas
Neily and Sophronia Neely his wife, Jacob Neely and Margaret his wife, - Elizabeth Rucker, William T. Rucker, David F. Rucker, William F. Rucker, Ruth Bunch, Sarah Bunch and David Bunch all residing in the County of Rankin, the said Minerva M., Sohronia, Margaret, Elizabeth, David F. and William T being children of John B. Rucker and his wife Martha; and the said Ruth, Sarah and David being children of Horatio Bunch and Henrietta his wife; and the said Elizabeth, David F., William T., Ruth, Sarah and David being minors-, Isaac Steen and Nancy W. his wife of the State of Texas; - John S. Land , Margaret Land, ____ Ginn and his wife Nancy, Martha Davis and Ruth M. Davis all of the State of Louisiana, the said last named Nancy, Martha, Sarah and Ruth M. being children of William H. Davis and Margaret his wife, and the said Martha, Sarah and Ruth M. being minors, and also the said Margaret Lands.

Your petitioner, the previous considered, prays your Honor that Gerald B. Downing be appointed Guardian ad litim of all said minors, to wit:
Elizabeth Rucker, David F. Rucker, William T. Rucker, Ruth Bunch, Sarah Bunch, David Bunch, Margaret Land, Martha Davis, Sarah Davis and Ruth M. Davis and as such be cited to appear on said third day of the
March Term in the year 1854 &c, &c.  That citations issue returnable at the said day - to the Sheriff of Hinds County for Sarah Cook, Evan Cook, William H. Land, Thomas C. Land, -- To the Sheriff of Copiah County for Floyd Seale and Mary his wife - and to the Sheriff of Rankin County for Minerva M. Rankin, Thomas Neely and Sophronia his wife, Jacob Neely and Margaret his wife, Elizabeth Rucker, David F. Rucker and William T. Rucker ( the said Minerva, Sophronia, Margaret, Elizabeth, David and William being children of John B. Rucker and his wife Martha - and for Ruth, Sarah, and David Bunch ( the children of Horatio Bunch and his wife Henrietta.  And also that publication be made according to law in the "Hinds County Gazette" citing Isaac Steen and Nancy W. his wife, John S. Land, Margaret Land, ____ Ginn and Nancy his wife,  Martha
Davis, Sarah Davis, and Ruth M. Davis (the said Nancy, Martha, Sarah and Ruth M. being children of William H. Davis and Margaret his wife) and all other persons interested in the settlement of said estate to be and appear on said third day of the March Term in the year 1854, &c, &c.
 

In conclusion petitioner begs leave to add that after much effort he has wholly  failed to ascertain the given name of  ____ Ginn, mentioned herein, and as in duty bound your petitioner will ever pray, &c.

Sworn to and subscribed in open court this 9th December 1853.

G.  B. Downing, Clerk    /s/ John S. Clark

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Transcribed from copies of originals by Tony Abruscato

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