Transcribed

by

John H. Smallwood, Jr.

Copyright Ó 1997-1999, all rights reserved

The State of Mississippi }

Scott County }

I S. J. Denson of the County of Scott and the State of Mississippi being of sound mind and good memory but in feeble health and knowing the uncertainty of life do on this the 28th day of July of 1883 at Ludlow in Scott County Mississippi make and publish this my last will and testament hereby revoking & re______ all former wills or codicils thereto by me at any time made before this date.

Item 1st First of all I will my soul to God who gave it, humbly trusting that when this earthly tabernacle is dissolved I shall have a house not make with hands eternal in the heavens

Item 2nd I will that my beloved wife Martha Frances Denson shall have the sum of eight hundred dollars of my effects (the same to be paid in lieu of her dower) to be paid by my executors after my death and in the following manner to wit: 1st "The Paid Up" Policy of Insurance on my life in the Mobile Life Ins Co. No 5266 for $400.00 which has been paid to me and in the event this amount $400.00 is not collected then and in that event case my executors shall pay to her $600.00 six hundred dollars and also the Iron grey mare and buggy and in case the mare and buggy shall be worthless at my death the sum of $60.00 sixty dollars shall be paid her in lieu thereof, but in case the said Martha Frances Denson shall die before may death I desire that the portion bequeathed to her shall revert to my children as herein after provided.

Item 3rd My homestead situated partly in each of the counties of Scott and Leake and known and designated in the US survey as the E 1/2 of the NE 1/4 of Section 1 Township 8 Range 5, SE 1/4 of SE 1/4 section 36 Township 9 Range 5, NW 1/4 of NE 1/4 of section 6 Township 8 Range 6 all lying and being in the County of Scott State of Mississippi and the W 1/2 of the SE 1/4 Section 36 Township 9 Range 6 lying in the County of Leake State of Mississippi.

Item 4th My funeral expenses I desire shall be paid out of my effects by my executors and desire further that shall obtain and cause to be erected three plain tombstones one for myself and one each for my two wives deceased and in case of the death of my present wife prior to my own a fourth one shall be obtained and erected for her in like manner.

Item 5th All property both real and personal that may be left indisposed of at my death I desire my executors after paying all expenses for carrying out the provisions of this will and also for any debts I may owe to divide equally between my children or their heirs as the case may be to wit: W. H. Denson, J. C. Denson, T. J. Denson, Obedience J. McCabe, deceased, Susan E. Burks, deceased, Mary Smith, deceased, Allethia Denson, deceased, Jane H. Lee, J. N. Denson and Margaret A. H. Gill except homestead which shall be divided equally among them except T. J. Denson, Susan E. Burks deceased and Mary Smith deceased who have already received amount equal to their share of the homestead property except Susan E. Burks whose interest is said homestead is hereby bequeathed unto her son William M. Burks in consideration of the undertaking by him to take charge of and keep in repair the said homestead and to take care of and board me and my wife during my life time.

Item 6th I have chosen and hereby appoint my sons William H. Denson and J. C. Denson as the executors of this my last will and testament who shall execute administer and carry into effect the provisions of this will and I herein express that they shall not be required to make and give bond unless a majority of the heirs shall so demand.

I further will that my said executors shall receive reasonable and fair compensation for the execution of the trust herein confided.

In testimony whereof I have hereto set my hand and seal this the 28th day of July AD 1883.

s/ S. J. Denson

The signature of S. J. Denson to this instrument was witnesses by the following persons s/ Horace Handy

s/ John T. Collum

s/ A. J. Williams

The State of Mississippi }

Madison County }

Personally appeared before the undersigned Clerk of the Chancery Court the above named Horace Handy one of the subscribing witnesses to the foregoing will who being first duly sworn disposeth and saith that he saw the above named S. J. Denson whose name is subscribed thereto sign and deliver the same that he this deponent subscribed his name as a witness thereto in the presence of the said S. J. Denson and that he say the other subscribing witnesses Jno T. Collum & A. J. Williams sign the same in the presence of S. J. Denson and in the presence of the said S. J. Denson and in the presence of each other all being present at the same time on the day and year therein named.

In testimony where of witness my hand and the seal of said court the 25th day of June AD 1888

s/ H. V. Yandell, Chancery Clerk

Filed Sept 17th 1888 s/ W. T. Liles, clerk

No order entered probating will

Oath of Executors

The State of Mississippi }

Scott County }

You do swear that the writing now exhibited by you is the true last will and testament of S. J. Denson deceased as far as you know and believe that you as executors will well and truly execute the same according to its terms and discharge the duties required by law

s/ W. H. Denson

s/ J. C. Denson

Sworn to & subscribed before me this 17th day of September AD 1888

s/ W. T. Liles, clerk

Filed Sept 17th 1888

s/ W. T. Liles, clk

Petition to Enter Will of Shadrach J. Denson into Probate

The State of Mississippi } To the Honorable Chancery Court of Scott County.

Scott County }

Your petitioners W. H. Denson and J. C. Denson citizens of Scott County show this Honorable Court that S. J. Denson late of said county departed this life on the 14th day of January AD 1888.

That on the 28th day of July 1883, the said decedent made, executed and published a last will and testament bearing date the said date and at the time of making and publishing the same he was capable in law so to do.

That Horace Handy, John T. Collum and A. J. Williams are subscribing witnesses to the same.

That the affidavit of the said Horace Handy one of the subscribing witnesses thereto touching said execution and the said will is herewith presented.

That the said decedent left surviving his wife, Martha Frances Denson, and the following children Heirs at law of the said decedent (all adults) to wit: W. H. Denson, J. C. Denson, T. J. Denson and the Heirs of Obedience J. McCabe, deceased, Susan E. Burks, deceased, Mary Smith, deceased, Allethia Denson, deceased, Jane H. Lee, J. N. Denson and Margaret A. H. Gill and that your petitioners are named as executors in said will and are not required to make and execute bond.

The premises considered your petitioners prays that said instrument of writing may be received and admitted to probate and recorded as the last will and testament of the said S. J. Denson deceased and that letters testamentary may issue to your petitioners as executors without any bond or other security being requires as directed in said will.

s/ W. H. Denson

s/ J. C. Denson

Sworn to and subscribed before me this 17th day of September AD 1888}

s/ N. T. Liles Clerk