Sumter Co, AL
Will Bk Vol 3; pg 115
Martha Cherry
Last Will and Testament
Probated Sept 30th 1884
Recorded Oct 1st 1884
Sumter County Alabama November 15th 1883, I, Martha Cherry of the
aforesaid County and State being of sound mind and in full
procession of my senses do hereby make this my last will and testament.
I leave all my property after the payment of my debts, to
Mrs. Eliza Cherry, wife of Henry Cherry, for her sole use and benefit
and to be wholly and solely under her control. I direct my
executor to sell as much of my property as maybe necessary to pay
my debts as soon as the law permits to pay said debts and be
given to Mrs. Eliza Cherry aforesaid, all the property left
and any surplus that may be left of money. I have an individual
interested in a lot of cotton with Robins Winston, who has been
farming with me and I give my executor power to sell such in trust,
at private sale, if unsold at the time of my death. I appoint
Thomas W. Weden, executor of this my last will and testament and
having confidence in his honesty, I do not require him to
give security as executor and give full power to act without doing so.
In
witness whereof I have hereunto set my hand and seal this 13th day
of November one thousand eight hundred and eighty three.
Witness:
Will L. Washington
Walter R. Ballard
her
Martha X Cherry (seal)
mark
The State of Alabama
Sumter County
Personally before me W. R. DeLoach
Judge of Probate Court in and for said county and state come Will
L. Washington, a subscribing witness to the foregoing instrument
of writing, who being duley sworn, deplores and says that one the
15th day of November GSF 1883, Martha Cherry while of sound
and disposing mind and memory and over twenty-one years of age
and residence of this county, signed and delivered the will and
instrument of writing to be her last will and testament in the
presents of affiant and the other subscribing witness; that affiant,
the other subscribing witness, in the presence of said testator
and in the presence of each other, at request of said testator,
Martha Cherry, signed therein name as such subscribing witness on
the 13th day of November 1883.
Sworn to and subscribed before me this 30th day of Sept A. D. 1884
W. R. DeLoach
Judge of Probate