Submitted by Annette Bowen
In the name of God amen. I John S. Hurt of the County of Lafayette and the State of Mississippi, being of sound and disposing mind, memory and understanding; but sick and weak in bodily health, and having in view the certainty of death and the uncertainty of the time thereof; and for the the better disposing of and arranging my worldly affairs when it shall please God to take me from this world; do hereby and hereon make and execute this my last will and testament.
Firstly. I commit my soul to God who gave it and my body to the grave to be decently burried at the discretion of my executors, as they may think proper, and after my burrying expenses are paid, and the payment of all my legal and just debts out of my estate I will, bequeath and desire as follows, to wit.
Item. It is my will and desire that all the property both real and personal which I now possess or which may hereafter be left or come to me by gift, grant, will, devise, or in any other manner, shall remain in the hands of my executors and the guardians of my children herein after named, and dear beloved wife, Catharine, viz James Elisha, Henry Hammet, John Oscar, Robert Green, Burd Etheldred, and Jefferson Jackson, to be used by my said executors and the guardians of my said wife and children to the following uses and benefits;
1st That my property which I now possess both real and personal or my property hereafter in any manner acquired by me shall be held by my executors and the guardians of my wife and children for their use and benefit until one of the following events shall take place
2 That my dear beloved wife shall not have her thirds or legal share of my estate divided out to her until she shall either marry again or all my children begotten upon her shall become of age, nor shall my legal children above named or any or either of them have his or their legal distributive share of my estate divided out to him or them until the youngest then living or all shall become of age, then it is my will & desire that all my property which may be left after taking out my wife's thirds shall be divided out among them equally share and share alike in fee simple and not before.
3rd But should any one or more of them become of age before the others and my executors and their guardians think proper to do so, it is my will and desire that they (the executors and guardians) may give him or them such portion or all of his or their share of my estate as they may deem fit, but in no case shall a general division take place until all of my children living shall become of age or twenty one years.
4th It is furthermore my will and desire that my Property real and personal which I now possess or may hereafter in any manner acquire be kept together as I now have, and my farm and business be carried on as heretofore by some competent to be chosen by my executors and the guardians of my wife and children as best they may think fit, and the proceeds thereof after defraying all legal and contingent expenses of the same, that the balance be applyed by them towards supporting educating and maintaining my dear wife Chatharine (sic) and beloved children decently and respectably
5th It is my will and desire that should the proceeds of my farm or other property be more than sufficient to support and maintain my wife Catharine and children above named, and defray all other necessary expenses as well as educate my children, the surplus if any be laid out and expended, by my executors and the guardians of my wife and children in the purchase of young negroes for the use and benefit of my estate generally
6th It is my will and desire that should the stock of any kind on the farm be more than sufficient to the purposes of farming, that my executors and the guardians of my wife and children shall have power to dispose of the same or any part thereof at their discretion, but nothing more.
7th It is my will and desire that all my legal children above named, receive a good or a liberal education at the discretion of their guardians
8th It is furthermore my will and desire that that (sic) my executors shall not dispose of any more of my property than may be absolutely necessary to the payment of my just and legal debts.
Lastly. I constitute appoint and will Green B. Bowles and Oscar Bowles my legal executors for the more effectually carrying this my last will and testament into execution, and I furthermore appoint and constitute Green B. Bowles and Oscar Bowles to be the guardians to my wife and children for the purpose above described
Given under my hand and seal this the 28th day of August in the year of our Lord 1840
John S. Hurt
Signed sealed and executed in
our presence, we being present
by request to witness the
execution and heard the same read to him
of this will and having
seen the testator sign the same
Interlined before signed by the testator
J. F. Cushman
M. L. Haynes
Lafayette County Mississippi Probate Record Vol. 1, page 82
Probate Court Nov Term 1840
The last will and testament of John S. Hurt
was this day presented in open court and proven
by the oaths of John F. Cushman and Zebrina
Conkey subscribing witnesses thereof
Whereupon it is ordered that the said will be recorded
Green B. Bowles and Oscar Bowles executors named in the Last Will & Testament of John S. Hurt deceased this day appeared and refused to accept the executorship of said estate. Whereupon it is ordered by the court that Mrs. Catherine Hurt be and is hereby appointed administratrix with the will annexed.
Catherine Hurt this day applied for Letters of Administration with the will annexed on the Estate of John S. Hurt deceased whereupon it is ordered that said Letters be granted on her entering into bond in Twenty Thousand dollars with Green B. Bowles and Oscar P. Bowles her security.
For further information, please, contact