Will of Peter Crawford


The State of Mississippi
Winston County
Probate Court
October Term AD1854

To the Honorable Robert Washington, Sole and presiding judge of the court aforesaid, for the county aforesaid.  The petition of William C. Crawford and W. C. Matthews, citizens of Said State, respectfully Shows unto your Honor that Peter Crawford late of Said County and State departed this life at his late residence in Said County (Where he had been domiciled for Several years, last next before his death) on the 15th day of September AD1854, That he made and published in his lifetime his last will and testament bearing the 6th day of July 1854, and attested by W. P. Stroud, J. P. Brown and J. S. Hafner, is now here to the court shown, and prayed to be Probated, Established and recorded and recorded in this Court in common form, that your petitioners are appointed Executors of the Said last will and testament by the Said Testator and are willing to accept Said office and trust and to qualify as Such, Your petitioners therefore pray your Honor to grant unto them letters testamentary of Said last will and testament upon their qualifying as Such and your petitioners as in duly bound will ever pray be.
Sworn to and subscribed before me in the matter of a certain instrument of writing purported to be the last will and testament of Peter Crawford, deceased.
Probate Court
October Term 1854

Upon reading and filing the petition duly verified of William C. Crawford and W. C. Matthews for Probate of a certain instrument of writing, purporting and alleged to be the last will and testament of Peter Crawford deceased late a resident of this county and for letters testamentary thereupon and on taking and reading the testimony of W. P. Stroud, J. P. Brown and J. S. Hafner subscribing witnesses thereto in the court after hearing all and singular the proofs and attestations adduced, professed and submitted, and maturely considering the same, being now satisfied that said instrument is fully and legally established as the true and original last will and testament of the said Peter Crawford deceased and that the said Peter Crawford was on the day of the date of said Will, that is to say on the 6th day of July in year of our Lord one thousand eight hundred and fifty four, of lawful age to devise, and of sound disposing mind and memory and understanding and of right and in law entitled to make said will.  It is the thereupon considered, ordered, adjudged, and decreed, that the said instrument of writing be admitted to probate and recorded as the true and original last will and testament of the said Peter Crawford, deceased.  And it is further considered ordered and decreed, on motion of the Said William H. Crawford and W. C. Matthews, that letters testamentary of Said last will and testament be granted to them the said William H. Crawford and W. C. Matthews on their taking the oath prescribed by law and entering into bond in the penal sum of one hundred thousand dollars.


The State of Mississippi
Winston County
Probate Court
October Term AD1854

To the Honorable Robert Washington, Sole and presiding Judge of the court aforesaid for the county aforesaid.  The petition of William H. Crawford and W. C. Matthews, citizens of Said State respectfully shows unto your Honor that Peter Crawford late of Said County and State departed this life at his late residence in Said County (Where he had been domiciled for several years, last next before his death) on 15th day of September AD1854, that he made a published in his lifetime his last will and testament bearing the 6th day of July 1854, and attested by W. P. Stroud, J. P. Brown and J. S. Hafner, is now here to the court shown, and prayed to be probated, Established and recorded and recorded in this court in common form, that your petitioners are appointed executors of the said last will and testament by the said testator, and are willing to accept said office and trust and to qualify as such, your petitioners therefore pray your Honor to grant unto them letters testamentary of said last will and testament upon their qualifying as such and your petitioners as is duly bound will ever pray be.
Wm. H. Crawford
W. C. Matthews

Sworn to and subscribed before me in open court this 16th day of October AD1854.
William G. Hudson, Clerk


Will  page 1

In the name of God, amen.  I Peter Crawford of the County of Winston and State of Mississippi, being of sound and disposing mind and memory, do make and publish the following as my last will and testament.

First.  It is my will and desire that all my just debts funeral expenses and expenses of administration shall be paid out of funds herein after specified.

Second.  I will and bequeath to my son William H. Crawford the following Negro slaves, to wit, Prince, Patsey, Harriet, Betty and Lewis, with the future increase of the females after the execution of this Will, to him and his heirs forever.

Third.  I will and bequeath to my daughter Eliza Nabors, wife of Linsey M. Nabors, the following slaves, to wit, House, Rachael, Isaac, Jim and Maria with the future increase of the females after the execution of this will to her & her heirs, but should she die without leaving any body heirs, then and in that case her husband Linsey M. Nabors, if living to have one half of her property & the balance is to be equally divided between all my children, my grand children who parents is or may be dead, having the share of its or their parents part, share and share alike, and in case that my son-in-law Linsey M. Nabors is not living at the time my daughter dies, then the whole of her estate is to be divided among my children as above directed.

Fourth.  I will and bequeath to my daughter, Sarah Ann Barrons, wife of James Barrons, the following salves, to wit, Damon, May, Crump, Charles, and Charlotte, with the future increase of the females after the execution of this will to her,

W. P. Stroud, J. P. Brown, J. S. Hafner.
Peter Crawford


Page 2

and her heirs forever.

Fifth.  I will and bequeath to my daughter, Parthenia Edwards, wife of James H. W. Edwards the following slaves, to wit, Washington, Emeline, Moses and Aaron with the future increase of the females after the execution of this will to her and her heirs forever.

Sixth.  I will and bequeath to my daughter Caroline Brown wife of Jackson Brown, the following slaves to wit:  Dick, Phebe, Jack and Bob with the future increase of the females after the execution of this will, to her and her heirs forever.

Seventh.  I will and bequeath to the children of my deceased son, Davis T. Crawford, the following slaves, to wit, Henry, Mealy, Joe and Ephraim with the future increase of the females after the execution of this will, to them and their heirs forever, and it is further my will and desire that the guardian or guardians, who I may here after appoint in this will for their children, shall take charge of the above named slaves and work them or hire them out annually as may seem best to them til the children become of the full age of twenty one years or marry that the annual profits arising from the hire or as much there of as is necessary shall be used for the maintenance and education of the children and that the balance if any shall be put out at interest and as the children respectively become of the age of twenty one or marry that my executors shall select, there my executors shall select, three respectable men who shall appraise all the negroes and allot to the child that is of age or married the portion and in case an equal allotment cannot be made, then it shall be done as near as.

W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford


3.

can be and my executors are required to make the lot equal either by paying to the child the deficiency in money, if his lot fall short or by retaining out of any money in their hands belonging to the children enough to make it equal and this shall be done successively as each child becomes of age or marries.

Eight.  I will and bequeath to my daughter Elizabeth Matthews the following slaves, to wit; Wilson, Reuben, Andy and Carolina with the future increase of the females after the execution of this will, to her and to her heirs forever.

Ninth.  I will and bequeath to my grand daughter, Catharine Wragg, the following slaves, to wit, Ranson, Lyddia, Frank and Jane with the future increase of the females after the execution of this will and said negroes to be held in trust by my executors for her use and benefit the annual profits arising from them to be used for her maintainance and education and the surplus, if any to be put at interest for her benefit and when she arrives at the age of twenty one years or marries then she is to receive the whole of her property, but in case she shall die without leaving body heirs living at the time of her death, then in that case her portion is to return to my estate and be divided among all my children, share and share alike; my grand children in all cases receiving their parents share if their parents are dead.

Tenth.  I will and bequeath to my adopted daughter Mary Elizabeth Crawford, two slaves,

N. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford


4.

to wit, Ann, child of Phebe and Sara child of Mealy, with their increase, after the execution of this will, to be held in trust by my executors for her use and benefit and the annual profits arising from them to be used for her maintainance and education and the surplus, if any, to be put at interest for her and when she marries or becomes of the full age of twenty one years, then she is to receive the negroes and money, if any, and is to have the use of them during her natural life and should she die leaving body heirs, then to her children forever, but should she die without leaving body heirs, then the above named slaves with their increase to return to my estate and be divided among my children, share and share alike, allowing my grand children whose parents are dead to receive their parents share.

Eleventh.  It is further my will and desire that my old and faithful servants, to wit, Jim, Edmund, Fanny and Frances shall be by my executors, sold at public action to any of my legatees, whoever will give the most for them or either of them, that they shall be sold separately and that no person shall be allowed to bid, who is not a legatee and should they or either of them not be bid for, being considered worthless, then my executors are authorized to put him or her to the lowest bidder, confining the bids to my legatees, and shall sell to the one, who will take

W. P. Stroud, J. P. Brown, J. S. Hafner
Peter Crawford


5.

him or her as the case may be for the least amount if the buyer shall be bound to maintain and support him or her for his or her natural life & then have them decently buried and my executors are hereby authorized to take any money belonging to my estate to pay the purchaser the amount bid off at for the maintainance of each or all of the above Negroes and my executors are required to notify all my legatees that are of full age, of the time and place of selling the above named Jim, Edmund, Fanny and Francis.

Twelfth.  It is further my will and desire that immediately after my death my executors here in after mentioned shall take charge of my whole estate that they either of them may superintend the business personally until the crop is made & gathered and that they shall receive such compensation for his or their trouble as any three of my neighbors may consider just and such men shall be selected as will be satisfactory to a majority of my legatees, but in case it does not suit either of my executors to give their personal attention to the plantation, then they may hire any man they deem worthy to attend to the business, till the crop can be gathered and disposed of and they are authorised to pay him out of any money not otherwise disposed of.

Thirteenth.  It is further my will and desire that all the rest of my estate, both

W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford


6.

real and personal not herein before disposed of by some preceeding clause of this will, shall be vested in my executors to raised a fund first for the payment of my debts, funeral expenses and expenses of administration, and also for the payment of such debts as my executors may be compelled to contract in order to have the plantation properly attended to, till the growing crop is attended and prepared for or sent to market.

Fourteenth.  It is further my will and desire that in the month of January or December next after my death, my executors shall proceed to sell all my estate not here in by some clause of this will disposed of at public out cry to the highest bidder (Except my cotton and my land) on a credit of twelve months and the purchaser or purchasers shall be required to give note with two good securities for the payment of the same and my executors may either send my cotton to market and sell it privately or sell it at the same time and place that they sell the rest of my estate and on the same terms as they think best, and it is the true intent and meaning of this clause that all my household and kitchen furniture, all my plantation tools of every kind and description, and all my stock of horses, mules, cattle, hogs and all & every kind of property belonging to my estate not here in before disposed of except my cotton and my land shall be subject to and sold under this clause and my executors are required to give public notice of the time

W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford


7.

and place of the sale by advertisement posted up at not less than three public places in this county.

Fifteenth.  It is further my will and desire and my executors are here by authorised to sell all my land at public out cry at any time within twelve months after my death, having advertised the time and place of the sale for at least thirty days at not less than three public places in this county and they are hereby required to sell the land on a credit of one, two and three years, that is, that one third of the purchase money shall be paid annually and the purchasers shall be required to give his notes with two good and approved securities for the faithful payment of the purchase money.

Sixteenth.  It is my wish to be buried by the side of my departed wife and my executors are authorised to purchase a suitable Tomb Stone to put over my grave.

Seventeenth.  It is further my will and desire that all the proceeds arising from the sale of any and all my estate after paying all my debts, funeral expenses and expenses of administration and all expenses necessarily incurred in the management and settlement of my estate, shall be equally divided among all my children, share and share alike, that is to say, one eight part of my son William H. Crawford, one eighth part to my daughter Eliza Nabors, one eighth part to my

N. P. Stroud, J. P. Brown, J. S. Hafner
Peter Crawford


8.

daughter Sarah Ann Barrons, one eighth part to my daughters, Parthenia Edwards, one eighth part to my daughter Caroline Brown, one eighth part to my grand children, the children of my son Davis T. Crawford, one eighth part to my daughter Elizabeth Matthews, and one eighth part to my grand daughter Catherine Wragg.  The part belonging to my grand daughter Catherine Wragg to be held in trust by my executors for her use and benefit, and to be paid to her when she becomes of the full age of twenty one years or marries but if she dies before she arrives at the age of twenty one or marries but if she dies before she arrives at the age of twenty owe or marries, then it is be equally divided among my other children share and share alike, my grand children whose parents are dead representing & receiving their parents part.

Eighteenth.  I do nominate and appointment my executors hereinafter named as guardians of all my grand children whose parents are dead, namely, the children of my son Davis T. Crawford and my grand daughter Catharine Wragg and also my adopted daughter Mary Elizabeth Crawford.

Nineteenth.  It is further my will and desire that as soon after my death as practical my last will & testament shall be properly probated and recorded and that my executors here in after named shall take charge of my estate that they (my executors) shall not be required to give bond and security, neither shall they be required to make any return of any part

W. P. Stroud, J. P. Brown, John S. Hafner
Peter Crawford


9.

of my estate to the court at any time or under any circumstances, but shall proceed to settle all my business and divide out and deliver my estate in all respects according to the terms and limitation so this my last will and testament and thereby executing my designs and purposes in the same way that I would do it were I living.  Lastly, I nominate and appoint my son William H. Crawford and my son-in-law W. C. Matthews executors to this my last will and testament, hereby revoking all other wills heretofore made by me and publishing this my last will and testament.
Given under my hand & seal this the sixth day of July AD1854.

Signed, sealed, published and declared by the Testator as his last will and testament in our presence as attesting witnesses and severally signed by us as  such in his presence and in the presence of each other and in order to verify this and the annexed sheets of paper as containing his said last will & testament the Testator has signed his name in the margin of each annexed sheet & we have attested his signature.

Having omitted to name a Negro boy named John Rachaels child, I do now will & bequeath the said boy John to the children of W. P. Stroud, J. P. Brown, J. S. Hafner

Peter Crawford


10.

My son, Davis T. Crawford on the same terms as those already mentioned and it is further my desire that in addition to what I have already given my adopted daughter, Mary Elizabeth Crawford that She shall have one bed & the necessary furniture belonging to it.  It is further my will & desire that the Fourteenth section of this will shall be so altered as to give my executors power to divide my Negroes & sell my property at any time after my death that they may think is best for  the interest of my estate.

W. P. Stroud, J. P. Brown, J. S. Hafner
Peter Crawford


The State of Mississippi
Winston County

In the probate court of said county at the October Term AD1854

In the matter of a certain instrument of writing purporting to the last will and testament of Peter Crawford deceased.

Be it remembered, that at a term of the Probate Court of the County of Winston, in the State of Mississippi, begun and held at the court house for said county, on the third Monday in October in the year of our Lord Eighteen hundred and fifty four, personally appeared in open court N. P. Stroud, J. S. Hafner two of the subscribing witnesses to a certain instrument of writing purporting to be the last will and testament of Peter Crawford, late of said county deceased bearing date the 6th day of July 1854 who having first been duly sworn, deposed and said that said Peter Crawford signed, sealed and published and declared said instrument as his last will and testament in the presence of these witnesses and also in the presence of J. P. Brown one of the subscribing witnesses to said last will and testament on the day of the date thereof, that said testator was then of sound disposing mind and memory and more than twenty one years of age and that these deponents subscribed said instrument as witness thereto at the instance and request and in the forever of said Testator and in the presence of J. P. Brown one of the subscribing witnesses to said instrument and also in the presence of each other on the day and year aforesaid.
W. P. Stroud
J. S. Hafner
 

Sworn to and subscribed before me in open court this the 16th day of October AD1854
William G. Hudson Clerk


The State of Mississippi
Winston County

In the Probate Court of Said County at the October Term AD1854

In the matter of a certain instrument of writing purporting to be the last will and testament of Peter Crawford, deceased.  Be it remembered, that at a term of the Probate Court of the county of Winston in the state aforesaid, begun and held at the court house in and for said county, on the third Monday in October in the year of our Lord one thousand eight hundred and fifty four personally appeared in open court J. P. Brown who having been duly sworn deposed and said that the said Peter Crawford, signed, published and declared said instrument as his last will and testament on the 6th day of July 1854 the day of the date of said instrument, in the presence of this deposed and N. P. Stroud and J. S. Hafner the other subscribing witnesses to the said instrument, that said testator was then of sound and disposing mind and memory and twenty one years and upwards of age and that the said deposment and the said W. P. Stroud and J. S. Hafner subscribed and attested said instrument as witnesses to the signature and publication thereof at the instance and request and in the presence of the said Testator, and in the presence of each other, on the day and year of the date thereof.
John P. Brown

Sworn to and subscribed before me in open court this 16th day of October AD1854
William G. Hudson Clerk


The State of Mississippi
Winston County

I William G. Hudson Clerk of the Probate Court of said county do hereby certify that the last foregoing last will & testament of Peter Crawford and the proofs thereunto attached and order them duly recorded on the 15th day of Nov. AD1854
William G. Hudson Clerk


Bond

The State of Mississippi
Winston County

Know all men by these presents that one William H. Crawford and W. C. Matthews are held and firmly bound unto the State of Mississippi in the penal sum of one hundred thousand dollars for the payment whereof will and truly to be made and done we bind ourselves, one and each of our heirs, executors and administrators jointly and severally firmly by these presents. Signed by us and sealed with our seals and dated this 16th day of October AD1854

The condition of this obligation is that if the said Wm. H. Crawford and W. C. Matthews executors of the last will and testament of Peter Crawford deceased, do make a true and perfect inventory of all and singular the goods, chattles and credits of the said deceased which have or shall come to the hands, possession or knowledge of William H. Crawford and W. C. Mathews the said executors or into the hands or possession of any other person of persons for them, and the same so made, do exhibit to the Probate Court of Winston County, at such time as they shall be thereto required by the said court and the same goods, chattles and credits, do well and truly administer, according to law, and make a just and true account of their actings and doings therein, when there unto required by the said court, and further do well and truly pay and deliver all the legacies contained and specified in the said will, as far as the said goods, chattles and credits will extend according to the value thereof and as the law shall charge them, then this obligation to be void, or else to remain in full force.  Witness our hands and seals the day and year above written.
Wm. H. Crawford (seal)
W. C. Matthews (seal)

The State of Mississippi
Winston County

Personally appeared before me William G. Hudson Clerk of the Probate Court of said county William H. Crawford and W. C. Matthews who severally acknowledged that they signed, sealed and delivered the within and foregoing bond on the day and year therein mentioned as their own respective act and deed and for the uses and purposes herein named.
Given under my hand and seal of said county at office
 in Louisville this 16th day of October AD1854
William G. Hudson Clerk

The State of Mississippi
Winston County

I William G. Hudson clerk of the Probate Court of said county do hereby certify that the above and foregoing bond was received and filed in my office for record on the 16th of October 1854, and that the same has been duly recorded on the 15th day of November AD1854.

William G. Hudson Clerk


Testamentary Letters

The State of Mississippi
Winston County

By the Probate Court of said county, whereas Peter Crawford, deceased, late of said county, made in his lifetime, his last will and testament, which at a term of said court, begun and held at the court house of said county on the 3rd Monday of October in the year of our Lord one thousand eight hundred and fifty four was proved, approved, and admitted record in said court, and probate thereof granted to William H. Crawford and W. C. Matthews the executors thereof and therein appointed:  and the said William H. Crawford and W. C. Mathews having complied with the provisions of the statute in such cases made and provided.  Therefore, to the interest that the said will may be well and truly performed, we do give grant and commit unto the said William H. Crawford and W. C. Matthews the administration of all and Singular, the goods, chattles and credits of, and belonging to the estate of said testator, with full power to take the same into his hands and possession and to ask, levy, receive and recover the same wherever they may be in this State, hereby requiring and enjoining upon the said William H. Crawford and W. C. Matthews to make a true and perfect inventory, of all and singular, the said goods, chattles and credits which have or shall come to their hands, possession or knowledge, or into the  hands or possession of any other person or persons for them, or to exticted the said inventory to our said court within the times limited by law to well and truly administer the said goods, chattles and credits according to law, to make a just and true account of this actings and doings therein when thereof required by our said court, and to well and truly pay and deliver all the legacies contained and specified in the said will, so far as the said goods chattles and credits will extend and the law charge them, hereby confining the said executors with full and ample authority to dispose of all and singular the said goods, chattles and credits according to the terms of the said last will and testament, and the true intent and meaning of the said testator, by virtue of these presents.

Witness the Honorable Robert Washington, Judge of Probate of said county, at the court house thereof on the 3rd Monday of October AD1854

Issued the 15th day of November AD1854
William G. Hudson Clerk

The State of Mississippi
Winston County

I William G. Hudson Clerk of the Probate Court of said county, do hereby certify that the last foregoing testamentary Letters were received and filed in my office for record and that the the same has been duly recorded on the 15th day of November AD1854.

William G. Hudson Clerk

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