Last Will and Testament of John Dilworth
Transcribed and submitted by Vicki Burress Roach
Will Book A 1854-1902 (1858)

State of Miss. Tish. Co.

In the probate court of said county at the August term these of 1858 In the matter of a certain instrument of writing purporting to be the last will and testament of John Dilworth, deceased.

Be it remembered that at a term of the probate court of the county aforesaid begun and held at the court house thereof in and for said county on the 2nd Monday of August 1858 and on Tuesday the second day of said term personally appeared in open court Thomas W. Dilworth and John B. Tarrant subscribing witnesses to a certain instrument of writing purporting to be the last will and testament of John Dilworth late of said county deceased bearing date the 25th March 1856 who having been first duly sworn deposed and said that said John Dilworth signed sealed published and declared said instrument as his last will and testament in the presence of these deponents on the day of the date thereof that said testator was then of sound disposing mind and memory and more than 21 years of age and that this deponent John B. Tarrant subscribed said instrument as a witness then to at the instance and request and in the presence of said testator and in the presence of D.P?orF.?. Daman one of the other subscribing witnessese to said will who, that is the said D.P.? Daman subscribed said will as a witness thereto in the presence of and at the request of said testator and in my presence and at the same time he this deponent subscribed the same on the day and year of its date that is on the 25th 1858.

(next paragraph is more of the same...)

Owing to the uncertainity of life and the certainty of death those who feel any interest in the disposition of their estate after death to prepose for that event in good health, therefore, I, John Dilworth, of the county of Tish. and state of Miss. do make and ordain this my last will and testament in manner and form following to wit:

1. I will and bequeath my soul to God who gave it me.

2. I will that my just debts be paid which are few and small

3. I will and bequeath to my beloved wife, Elizabeth Dilworth, her heirs and assigns forever negroes Marthy and her child, Fanny, her Marth's increase to be equally divided between my two sons H.B. Dilworth and Thos. F. Dilworth.

3. I will and bequeath to my beloved wife Elizabeth Dilworth during her natural lifetime negroes, Jerry, Andy, Leah, Sampson, Emily, (can't read next name), Jo, Ellen, Alfred, also my house place and as much cleared land as she can cultivate wherever it may suit her and plantation tools to cultivate it and provences? also that my wife shall not interfere with or prevent my two sons A.B. Dilworth and Thos. F. Dilworth from building or clearing land wherever they may think proper.

4. I will and bequeath to my beloved wife Elizabeth Dilworth two yoke of steers and waggon four head of horses or mules as she may choose also as many head of cows hogs sheep and etc. as will answer her purposes also the use of the blacksmith tools and gin in connection? with my youngest son, Thos. F. Dilworth and also all of my household and kitchen furniture not otherwise disposed of all of which she is to hold during her natural lifetime

5. I will and bequeath to my eldest son, A.B. Dilworth the following property to wit: one bed and furniture and negroes Caroline, Mariah, Lena, Zilpha and Amanda to his heirs and assigns forever and also the east half of the section of land I now live on

6. I will and bequeath to my youngest son, Thos. F. Dilworth the following property to wit one bed and furniture and negroes Mary, Ann, Lucinda, and Esther, also the west half of the land I now live on to his heirs and assigns forever

7. I will and bequeath to grandson James A. Dilworth $500.00 to be disposed of in the following manner my sons A.B. Dilworth and Thos. F. Dilworth are to loan said money at interest and pay over annually the amount accruing there from to James A. Dilworth also it is my request if my two sons see that my grandson James A. Dilworth will use the principle to good advantage there and in that case they are to pay over the principle but if my grandson dies without bodily heirs then the aforesaid amount is to be divided between my two sons A.B. Dilworth and Thos. F. Dilworth

8. I will and bequeath to my grand daughter Francis Warren? her heirs and assigns forever $5.00

9. I will and bequeath to my grand daughter Mary Dilworth her heirs and assigns forever $5.00

10. I will and bequeath to my beloved wife $100.00 the interest of which she is to have annually during her natural lifetime also a good buggy and harness also I will and bequeath to my beloved wife one years provisions and $50.00 at my deceased

11. I will and bequeath to my two sons A.B. Dilworth and Thos. F. Dilworth their heirs and assigns forever all of my money notes and accounts not otherwise disposed of in my last will and testament and also all of my surplus stock of cattle horses hogs sheep plantation tools, waggons, etc. to be sold at public or private sale as they may think propper the proceeds to be equally divided between them

12. I will and bequeath to my sons A.B. Dilworth and Thos. F. Dilworth their heirs and assigns forever at the death of my beloved wife all of the negroes to be equally divided between them also all of the stock of horses mules cattle hogs sheep and all things else appertaining thereto

13. I will and bequeath to my sons A.B. Dilworth and Thos. F. Dilworth their heirs and assigns forever all of the (can't make out)...

14. I will and bequeath A.B. Dilworth and Thos. F. Dilworth there being forever all the property I have heretofore gave them respectively

15. I will and bequeath that A.B. Dilworth and Thos. F. Dilworth act as agents for my beloved wife and see that she wants for nothing and that if my wife should at any time think proper to return the land and negroes as above specified in my last will and testament to A.B. Dilworth and Thos. F. Dilworth my sons they are to receive them and provide for my wife Elizabeth Dilworth during her lifetime.

16. I will and bequeath that my old servant girl Dilsy have the privilege of living with my two sons A.B. Dilworth or Thos. F. Dilworth or my wife as she may thinks proper should she become helpless my two sons are to support her and see that she is well provided for

17. I constitute and appoint my sons executors to this my last will and testament Given under my hand and seal and signed in the presence of this March 25th A.D. 1856.

John Dilworth (seal)

J.B. Tarrant

D.P.? Daman

Thomas W. Dilworth

Daniel McDougal
(NOTE: THESE AREN'T MY LINES