Sumter County Alabama
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Sumter County
Will of William Fluker 1855


Contributed by Kay Parker McCary, Milam, Sabine Co., Texas

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








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