Submitted by Annette Bowen
Last Will and Testament of James Stuart Deceased. Copied from Jefferson Co., MS, Probate Record Book B, page 209
I James Stuart make this my last will and testament. To wit,
After my decease that my property all to be divided, that is to say
my negro property in equal lots, then my wife to take her choice of
lots, the rest to be drawn for as usual in such cases, and all the
heirs that is of age to take his lot, the balance to remain with my
wife and children. The children that is not of age till more of them
become of age to marry then the property to be valued over again and
so on till the last becomes of age. Always the balance to be left in
my wife's hands until the last child becomes of age. It is to be
understood that my wife does not come in again after she gets her
lot. Whereas I had given to my oldest daughter Henrietta McClellen
afterwards Henrietta Hopson three negroes a horse and some cattle-it
is clearly to be understood that I do not leave anything to her
heirs except her oldest daughter Eliza McClellen and bequeath to her
a negro girl named Caroline, a daughter of big Polly's, at my
decease. Should she die without an heir from her body, then in that
case the said girl Caroline and increase shall revert back again to
my heirs. I have also lent to Sarah Ferguson, my grand daughter, now
Sarah Price, two Negro boys, Albert and Jack, and I design, provided
she has heirs from her body and they live, then in that case I will
and bequeath to Sarah Price the above named Albert and Jack at my
decease to the said Sarah Price and the heirs of her body. And also
to my granddaughter Jane Ferguson I will and bequeath two negroes to
be equal to Albert and Jack or their value in cash, also two cows
and calves, it is understood if Jane Ferguson dies without Heirs
from her own body, the above negroes revert to my heirs again. I
also will and bequeath to my grandson James Stuart Ferguson the same
amount at my decease that I have bequeathed to Sarah and Jane
Ferguson and on the same conditions. Whereas William Wade who
married my daughter Huldah H. Stuart having given him three negroes,
some horses and cattle, I wish it clearly understood that I don't
leave to William Wade nor his heirs one single cent more, not for
want of affection to my daughter nor Mr. Wade either, but merely
because I think they have as much as any body ought to be plagued
with; as to my stock of horses and cattle after my wife takes out of
the stock as many horses, oxen and cows and calves as will support
the family and supply the farm at her own discretion and such as she
may choose, then the balance to be sold on a twelve months credit
taking good bond and security for the payment. As to my land I own
in Jefferson County I will and bequeath to my four youngest sons
Moreau, Hinds, Blunt and William. As to my Chockchuma lands I wish
equally divided amongst all my children except those I have excluded
already, as to J. F. Stuart I think he has a plenty to support him
as so I do not leave him any property whatever only his equal part
of the Chockchuma lands that is to say with Betsy Gibson, Adeline
Gibson, Moreau, Hinds, Blunt and William, as to Betsy Gibson and
Adeline Gibson having given them about two thousand Dollars each in
negroes and other property which property they are to keep at the
above valuation as part of their dividend, the proceeds of the stock
when sold to be equally divided amongst my children that is to say
Betsy Gibson, J. F. Stuart, Adeline Gibson, Moreau Stuart, T. H.
Stuart, Blunt Stuart and William Stuart.
Witness my hand this
21st October 1834.
James Stuart
The original of this
will was written in his own hand.