Will of Henry Hampton Hathcock
Contributed by Karolyn Hathock
P. 323 RECORD OF WILLS No. 4, HOLMES COUNTY MISSISSIPPI
Last Will and Testament of
H.H. HATHCOCK, DECEASED
And Recorded 5/19/1932 Gordon Ashley, Clerk.
Know all Men By These Presents, That I, H.H. Hathcock, of Holmes County, Mississippi, being of sound and disposing mind and memory and over the age of twenty-one years, do make, publish and declare this to be my last will and testament, hereby revoking all wills and codicils heretofore made by me.
Item. 1. All personal property owned by me at the time of my death, I give and bequeath unto my beloved wife Mrs. Mary Jane Hathcock to be retained and used and enjoyed by her for and during the term of her natural life and at her death such portion thereof as shall remain to be disposed of as hereinafter provided, but this provision of this will shall not apply to the stock of merchandise in a store operated by me. I direct that said merchandise shall be sold as speedily as possible by my Executor, hereinafter named, and that the proceeds thereof be retained by said Executor for the maintenance and support of my said wife, to be used in the same manner as provided for the disposition of rents, as herein after provided.
Item. 2. I will and direct that all real estate owned by me at the time of my death shall be managed and controlled by my executor, hereinafter named, for and during the term of the natural life of my said wife, Mary Jane Hathcock. So long as my said wife shall live, said Executor shall rent said real estate to the best advantage and from the rents so collected by him, he shall first pay the taxes due on said real estate, and on the personal property bequeathed to my said wife, as aforesaid, and the residue of said rents so collected by said Executor shall be used and applied to the support and maintenance of my said wife, so long as she may live.
I further will and direct that my said wife, Mary Jane Hathcock shall have the right and privilege to the exclusive possession control and occupancy of the residence now occupied by me, together with the outhouses, garden, barn, and yard connected therewith for and during the term of her natural life, but the tenant house on said premises shall be rented out with the other lands.
Item. 3. I give and bequeath unto my son, J.S. Hathcock, the sum of $1.00 in cash, to be paid to him upon the death of my said wife, Mary Jane Hathcock. I make no further provision for my said son, J.S. Hathcock for the reason that I have heretofore advanced to him more than his proportionate part or share of my property.
Item. 4. Upon the death of my said wife, Mary Jane Hathcock, said real estate and the remainder of said personal property shall be divided equally between my sons, J.R. Hathcock, A.L. Hathcock, H.T. Hathcock, C.L. Hathcock, B.L. Hathcock, and J.B. Hathcock, and my grand daughter, LouiseHathcock, each to receive one-seventh of the whole estate, subject to the provisions that all amounts heretofore advanced by me to my said sons, or any or each of them, shall be brought into hotchpot with the whole estate. I further direct that the share of my estate hereby bequesthed and devised to my grand daughter, Louise Hathcock, shall be reduced by the sum of $80.00 the same being the amount heretofore advanced by me in purchasing a tombstone erected at the grave of her father, D.L. Hathcock.
Item. 5. I hereby nominate and appoint my son, A.L. Hathcock, Executor, of this my last will and testament, and I direct that he be not required to execute any bond as such Executor, and I further direct that he not be required to file any inventory of my estate, and that he be not required to account to any court or courts, and that appraisement of my estate be dispensed with.
In testimony Whereof, I have herunto affixed my signature this 13th day of November, 1931.
The above instrument was signed, published and declared by the Testator, H.H. Hathcock as and to be his last will and testament, on the day of the date thereof, in the presence of the undersigned, and we the undersigned at the request of said testator have hereunto affixed our signatures as witnesses thereto in the presence of said testator, and in the presence of each other.
This the 13th day of November, 1931.
PROOF OF WILL
The State of Mississippi
This day personally appeared before me, Gordon Ashley, Clerk of the Chancery Court of Holmes County, Mississippi, H.H. Johnson and Edwin White, the subscribing witnesses to a certain instrument of writing purported to be the Last Will and Testament of H.H. Hathcock, Deceased, late of the County of Holmes, Mississippi, who, each having first been duly sworn, make oath that the said H.H. Hathcock signed, published and declared said instrument as his Last Will and Testament on the 13th day of November, 1931, the day of the date of said instrument, in the presence of each of these affiants, that said testator was then of sound and disposing mind and memory and 21 years and upwards of age, that each of the undersigned affiants subscribed and attested said instrument as witnesses to the signature and publication thereof at the special instance and request and in the presence of said testator, and in the presence of each other.
Sworn to and subscribed before me, this the 10th day of May, 1938. Gordon Ashley,
Chancery Clerk of Holmes County, Mississippi
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