Last Will And Testament
John Marion Dean
Tate County, Mississippi
Last Will and Testament of Mr. J M Dean, Deceased
I, John M Dean of Tate County, Mississippi being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my last will and testament hereby revoking any and all others heretofore made or purporting to have been made by me.
1st. I desire that all my just debts be paid.
2nd. I devise and bequeath to my beloved wife Martha E Dean, all my household and kitchen furniture of every description.
3rd. I will, devise and bequeath all my other estate both real and personal, situated in Tate, Bolivar and Washington Counties, Mississippi or elsewhere in equal shares to my wife, the said Martha E Dean and to my children, C. C. Dean, J F Dean, J T Dean, Cora Dean McGee, Lula Dean Hebron, C L Dean, Edna May Dean Thompson and Homer E Dean.
It is my desire that all of said estate except enough to pay my debts and except the lands situated in the Counties of Washington and Bolivar be left in the possession of my beloved wife Martha E Dean during her life or widowhood to be used by her in her own support an din keeping the lands in Tate County in good condition and the houses and fences in good repair, and all taxes on same paid. The surplus income, if any, from said lands in Tate County to be paid by her to my executors hereinafter named.
It is my desire that none of the real estate be sold during the widowhood of the said Martha E Dean unless my said wife and at least five of my children above named shall agree to same. In the event that any of said children should die then said M E Dean and a majority of said living children must agree to said sale.
4th. I nominate and appoint my sons C C Dean and J F Dean, executors of this my last will and testament, and having full faith and confidence in them, I hereby expressly relieve them from giving bond as such executors.
I desire that my executors shall rent or lease the lands of my estate now in cultivation in Washington and Bolivar Counties and either invest the net income from said lands in reducing other of said land to a state of cultivation or that they divide same amongst the heirs to said estate giving to each share and share alike or that they put same at interest as they may think for the best interests of all concerned.
I further desire that my executors be relieved from reporting to or in any wise accounting to any court for their actions herein as executors of this will.
Witness my signature at my residence in Tate County, on the 27th day of June 1899.
J. M. Dean
And we the undersigned do hereby affix our signatures to this instrument as witnesses to the above signatures of the said J M Dean at his special instance and request, he declaring in our presence this instrument to be his last will and testament and then signed same in our presence and we signed same as witnesses thereto in his presence and in the presence of each other on the day and date above.
Witness our signatures this June 27th, 1899
B F Dean; M A Compton; J M Whitten
As a codicil to my will heretofore made and June 27th, 1899 I desire and so will that all my lands in Washington and Bolivar Counties, Mississippi be kept together and undivided and that they shall be held by my children or descendants of children as tenants in common for a period of not less than 20 years, my executors named or their successors-shall rent out said lands and care for same in the way of taxes, clearing and improvements and shall annually render an account of their receipts and disbursements to the other heirs of my estate and shall divide annually the net proceeds of said lands giving to each his or her share of same. This codicil written and signed in my own hand.
Witness my signature this the eighth (8) day of July, 1905
J. M. Dean
Be it remembered that this day personally appeared before the undersigned Chancery clerk, J M Whitten and B F Dean, who being sworn depose and say that they knew J M Dean and that on the 27th day of 1899, the day of the date of the instrument herewith presented the said J M Dean was of sound and disposing mind, memory and understanding and more than 21 years of age, that on said date the said J M Dean signed the instrument here presented and declared same to be his true and original last will and testament, that he signed same in their presence and the presence of the other attesting witness, Mrs. M A Compton, and that they signed same in his presence and in the presence of each other as attesting witnesses thereto, at his special instance and request.
Said affiants knew the said J M Dean on the 8th day of July 1905 and he was then of sound and disposing mind, memory and understanding and capable in law of making and executing a will, that they are familiar with the hand writing of said J M Dean and know and recognize same when they see it and that the paper herewith presented as a codicil to said last will and testament is wholly written and signed by said J M Dean, in his own hand writing and dated July 8th, 1905.
J M Whitten; B F Dean
Sworn to and subscribed before me this the 5th day of May, 1915.
J A Wooten, Chancery Clerk
This Page Updated January 19, 2010
Tate County Coordinators: Syble Embrey & Marie Carlton
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