William Fluker} I William Fluker, of the County of Sumter last will
/ testament} and State of Alabama, being of Sound and Probated & Recorded}
disposing Mind & Memory and understanding, June 12th 1855} and
considering the certainty of death and the uncertainty of the times thereof,
and being desirous to Settle my worldly affairs whilst I have strength
and capacity so to do, hereby revoking and making void all former will
and
codicile by me at any time heretofore made, and first and principally,
I consent my soul into the hands of my Creator who gave it, and my body
to
the earth to be decently interred at the descretion of my Executor
hereinafter named; and as to Such worldly Estate as it pleased God to in
trust
me with I dispose of the Same as followeth.
Item First - I desire all my Just debts to be paid, and if practicable
without a sale of any of my property for that purpose: and to this end
I
desire all my property to be kept & worked together by my Executor,
and my debts to be paid out of the proceeds thereof as soon as practicable
and should my debts or any of these have become due, or as the Same
may come to maturity, it is my desire that my Executor obtain of my
Creditors or Creditors indulgences is extension of time for the
payments of the same, is that he borrow money for that purpose, in the
faith
& credit of my property. But if my Executor cannot
obtain such indulgences, or borrow money, or if he shall in his descretion
and judgment
desire it best for the interest of my Estate and family that a sale
of property should be made for the payment of my debts. I direct
that the
most perishable and least valuable for the use of my family, be
first disposed of and that Sufficient be sold to pay all my debts: and
I give my
Executor full power & authority to do and act in reference to
the matter in this Item referred to or he shall deem best for the interest
of my
Estate and family.
Item Second. It is my will and I direct that after the payment
of my debts my whole estate, real personal and mixed, be kept and worked
together by my Executor (except as herein after provided, modified
and excepted) untill my youngest child becomes of age or marries, and that
the proceeds be applied to the Sole and Separate use & comfort
and liberal support and maintenance of my beloved wife Minerva Eliza Fluker
and
to the support and Education of her children by me.
Item Third. It is my will and I direct that when my youngest
by my said wife becomes of age or marries, or if my said wife be living
at this time
then at her death, all my real Estate be equally divided among her
children by me. Should my said wife desire to have my real Estate
sold or -
should she desire to change her place of residence upon her signifying
the same to my Executor in writing, it is my will and I hereby direct that
my Executor sell my real Estate either for Cash or in Credit and
open such terms as he may desire just and that he securest the funds arising
from
such Sale in the purchase of Such other real Estate & at such
place as my said wife may Select and choose & if the place selected
by my Said
wife shall not require the whole amount of the funds arising from
the sale aforesaid to pay for the same that my Executor invest the surplus
in
the purchase of Negro slaves, and that my Executor apply the proceeds
and profits of such Real Estate and Slaves so purchased by him, to the
sale and separate use, benefit, Support & Maintenance of my
said wife during her natural life and to the Support and Education of her
children by
me during their minority. It is my wish & desire and I
declare it to be my intention by this Item to secure the proceeds and profits
of all my real
Estate, as in case of a Sale thereof, the proceeds and profits of
all the property which may be purchased with the funds arising from such
sale to
the Sole and Separate, use benefit, Support & Maintenance of
my said wife during her natural life, and to the support & Education
of my Children
by her, during their Minority and to Secure to and provide for my
said wife, for her self use during her natural life so & for my children
by her
during their Minority a good & comfortable home; and when my
said wife shall have died and my youngest Child shall have attained the
age of
twenty one years or marries, then the Said property in this Item
mentioned & referred to shall be equally divided to and among my said
children
by my said wife Minerva E. Fluker, Share & Share alike in fee
simple forever.
Item Fourth. In case a sale of my real Estate be made as inforsaid,
I hereby direct my Executor to remove my Slaves and all my personal
property to the place which may be purchased with the fund arising
from the Sale as aforsaid, and that be keep and work all the property
together and apply the proceeds as directed in Item Second.
Item Fifth - Should the proceeds & profits of all the property
This kept & worked together, be more than Sufficient for the use &
Comfort and
Liberal Support & Maintenance of my Said wife and the Support
and Education of her children by me, I direct my Executor to loan out the
Surplus
at interest in good Security or
invest it for in the purchase of other property. I desire
my Said Children to be an asset? to and to have the benefit of a good School,
and
should my Said wife so desire then I direct my Executor to invest
so much of said proceeds and profits as may be necessary for that purpose
in
the purchase of Same Small place & residence for her & her
children by me near or in the neighborhood of same school, the Said place
to be
selected by my said wife. It- my will and desire and I hereby
direct that as each of my children by my said wife Minerva E. arrive at
the age of
twenty one years or marries Such child them secure no further Support
out of the proceeds and profits of the property as before provided, but
instead thereof that Such child draw and receive a portion of my
personal property not including Such as my Executor may have purchased
with the
funds arising from the Sale of the real Estate as aforesaid and
to this end I direct that when either of my children arrive at the age
of twenty
one years or marries a valuation of the personal property exclusive
of Such as may have him purchase with the funds arising from the Sale of
the
real Estate as aforesaid, be made & if the Same amount to ___then
twelve thousand dollars in value the Said child shall secure his or her
equal
share Thereof according to the number of Children of mine by my
said wife, but if the Said personal property exceed in value twelve thousand
Dollars Then said child shall secure out of twelve thousand Dollars
in value of said property an equal share or portion according to the number
of
Children:
that is to say, if said personal property exceed
in value twelve thousand Dollars and there be three Children, then such
child Shall
receive out of said personal property or share as portions of the
value of four thousand Dollars, that when are other of my Children by my
said
wife arrives at the age the age of twenty one years or marries,
said child shall receive out of the Same property the same amount in value
as the
preceeding child has received, and so on until the youngest child
Shall have arrived at the age of twenty one years or marry so that each
of my
children by my said wife Minerva E. shall receive the Same equal
share or portion out of my said personal property. If my Said wife
be then
dead, or if living then at her death I direct my Estate to be finally
Settled and closed; and all the rest residence and remainder of my Estate
not
herein before disposed of I direct then in said final settlement
disposed of as followeth I Give and bequeath to my Daughter Cibell
McGrew wife
of John C. McGrew one thousand Dollars. To my daughter Elizabeth
Chiles wife of Henry Chiles five hundred Dollars, To my daughter Ann Mosby
wife of James L. Mosby five hundred dollars. To my daughter
Nancy M. Edmonds wife of Phillip G. Edmunds five dollars & no more.
To my
daughter Laura A Coats wife of J G Coats five dollars & no more.
To my son William L. Fluker one Dollar and no more. The Said Specific
Legacies to be paid out of the rest, residue, and remainder of my
Estate not herein before disposed of as aforesaid, and upon the final settlement
of my Estate as aforesaid should there still remain a portion of
my Estate undisposed of I direct that the Same be equally divided share
and share
alike among my Children by my said wife Minerva E. Fluker.
Lastly. I appoint my friend John F. Vary Guardian of my children
by my Said wife Minerva E and request him to act in that capacity for them
to
see that they use well & properly Educated; and I hereby Constitute
and appoint the Said John F Vary Executor of this my last will and
testament; and I do not wish the Said Vary to be required to execute
a bond as Such executor, but I hereby expressly exempt him from giving
bond, but I do not intend this exemption extended to or applied
in far is of any other person should said Vary fail or refuse to act.-.
In
testimony of all which I have hereunto set my hand and affixed my
seal this the thirty first day of March in the year of our Lord Eighteen
hundred & fifty three.
Wm Fluker {Seal}
Signed, Sealed, published & declared by the Said William Fluker
in his last will & testament in the presence of us, who in his presence
& at his
request have hereto set our hands as witnesses. The words
"marry" & "the" on the first pages and "be" on the second pages interlined
before
signing & sealing.
H. H Harris
G. Wilson
A. A. Coleman
State of Alabama Sumter County. Probate Court Special Term
held on 12 June 1855; Personally Came and appeared in open court the Said
Huey
H. Harris, George Wilson & Augustus A. Coleman the Subscribing
witnessing to the foregoing will who being duly Sworn depese? & say
that in the
Early part of the year 1853 precise date not now remembered, they
saw William Fluker whose name is Signed to the foregoing will whilst of
sound
& disposing mind & memory, sign seal publish & declare
the same to be his true last will & testament, and that they Sincerely
Submitted their
names as witnesses thereto in the presence & at the request
of said testator, and in the presence of Each when at the time of the execution
of
said will. This 12th June 1855.
Sworn to & Subscribed before me. } H H Harris
B. J. H. Gaines J.P.C } G. Wilson
} A A Coleman