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Will of H. C. L. Hendricks, Deceased
Wayside hospital Demopolis Alabama
I, Henry C. L. Hendricks of the county of Winton, State of Mississippi,
being weak of body but of sound and disposing mind and memory do make and
ordain this to be my last will and testament, hereby revoking all others.
---, I give and bequeath to my son H. I. D. Hendricks, who has been sorely
wounded and disabled in the field of battle, two negro men, named Andy and Ned
as a special legacy on occasion of his wounds and disabilities.
Second I give and bequeath to my beloved wife Irena R. Hendricks, all the
balance of my estate of every kind, real and personal, to be used and enjoyed
by her for and during the term of her natural life and after her death to be
equally divided with all the sincere thereof between all my children; viz.
Phoebe A. Rainwater (sp?), Jane M. Moosley, Nancy S. Brown, H . I. D. Hendricks
and Margaret Brown, to be held by them severally for their own use forever.
Third I direct that my wife Irena R. Hendricks & my son H. I. Hendricks,
as soon as I shall have departed this life do take possession of all my estate,
------ and bequeath to my said wife and use and manage the same to the best
advantage for the benefit and use of my beloved wife during her life.
I further direct that in the event that any portion of said property
becoming endangered by the near approach of the restless enemy now warring
against the country -=-- my executors herein after named shall in their
discretion have the power (which I now give) to remove any or all of said
property to such place of safety as they might select without having recourse
to the probate court for leave to do so or to any other civil tribunal.
Fourth. On the decease of my beloved wife I direct that the summary executor
or whosever else may then be managing or controlling my own estate do forthwith
divide all the same (except the negroes Andy and Ned, bequeathed to my son H.
I. D. Hendricks) equally between all my children herein before named &
without reference any advance I may have heretofore made any of them.
Fifth. I hereby nominate and appoint my beloved wife Irena R. Hendricks
& my son H. I. D. Hendricks executrix and executor of this my last will and
testament and direct that no security be required of them in the execution
& administration of the same.
Given under my hand and seal at Demopolis Alabama this 16th day of November
AD 1863.
Signed Sealed & declared in our presence & witnessed by us in the
presence of the testator at his request & in the presence of each
other.
November 16th, 1863.
Hargrove Harrisley, Surgeon charge of hospital
Jno. C. Pugh Asst. Surgeon
R. L. Drixan
COMMISSIONER
The State of Mississippi
Winston County
Probate Court
Dec. term 1863
The State of Mississippi
To Geo. E. Markham, mayor of the town of Demopolis in the state of Alabama
and a justice of the peace in said town and county. Greeting.
Know ye that trusting to your fidelity, competency and circumspection we
have appointed you a commissioner and by these presents request & do
authorize you to examine upon oath or affirmation to be by you ---- Hargrove
Herrikley, principal surgeon in Wayside Hospital at Demopolis, Ala. John C.
Pugh assistant surgeon in said hospital and R. L. Drixan subscribing witnesses
to the instrument of writing hereto appended purporting to be the last will and
testament of H. C. L. Hendricks, deceased now depending on the probate court of
Winston county and state of Mississippi for probate. To specially require the
said witnesses to state distinctly upon oath an affirmation as aforesaid
whether the said testator H. C. L. Hendricks signed, sealed, published and
declared the said instrument of writing as his last will and testament or
whether said other person signed it by his direction. Whether the said testator
was of same disposing mind, memory & understanding when signing the said
instrument and whether the said witnesses subscribed the said instrument in the
presence of the said testator at his request. And the presence of each other
and to ---- and distinctly set forth in writing and certify under your hand and
seal their examination and to return the same to our county together with this
writ – and – the writing annexed evidence.
Witness the hand H. L. Edwards, Judge of said court
Issued this 30 day in Dec. 1863
E.D. ------ Clerk
PROBATE
The State of Alabama
Marengo County
In compliance with the order of the probate court of Winston county,
Mississippi, --- as the Dec term 1863. Thereof in the matter of a certain
instrument of writing purporting to be the last will and testament of H. C. L.
Hendricks, deceased.
Be it remembered that on this day of January One Thousand Eight Hundred and
Sixty Three, personally appeared before me Geo. F. Markham an acting justice of
the peace in & for the county of Marengo in the State of Alabama. Hargrove
Herrikley, John E. Pugh and R. S. Drixan subscribing witnesses to a certain
instrument of writing purporting to be the last will and testament of H. C. L.
Hendricks late of Winston County , now deceased & bearing date the 16th day
of November AD 1863.
Who being first duly sworn by me, deposeth an oath and say that H. C. L.
Hendricks, signed, sealed and published and declared said instrument of writing
as his last will and testament in the presence of these deponents on the day of
date thereof that said testator was of sound disposing mind, memory and
understanding and more than twenty one years of age and that these deponents
subscribed said instrument as witnessed thereto at the insistence and request
and in the presence of said testator and in the presence of each other --- ---
day & you aforesaid.
Sworn to & subscribed before me this 6th day of January AD 1864, Geo. E.
Markham, Mayor & justice of the peace & commissioner.
Hargrove Herrisley
Jno. C. Pugh
R. S. Drixan
(With the exception of the names of Pugh & Markham the spelling of the
others is highly suspect)
Research Notes
This will was transcribed from Winston Co. MS Will Record 1, pg 21-24) by
Richard Shelby.
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