Sherrod v. Sherrod's Administrators

For the reasons stated above, and others arising out of the condition of said estate, and because it is the peculiar province of your honorable Court to Construe Wills, and to define the nature and extent of power granted by Wills and the manner in which they are to be executed, it is necessary that your Honor should take the Administration of said estate into your Honors hands, to the end, that great delay and loss and litigation may be prevented, and your Orator may have the benefit of your Honors direction in the discharge of the duties of his Executorship; Your Orator hereundertaking to submit and Conferm to all the decrees and Order of your Honor in the premises, and in relation to said estate. Said Testator expressly requests, that his executors may neither be required to give any bond or security, and in case of the refusal of the Court to allow them to act as said Executors, that application be made to the Legislature of Alabama, to grant them such power on the application of your Orator and his Co-Executors for Letters Testamentary, the Judge of the Orphans Court, did not feel authorized to grant them, without bond and securityas usual. Since the act of the last legislature of said State empowering Judges of the Probate Court to grant letters Testamentary to executors, without bond or security, where a request to that effect is made by the testator, in his last Will, and since the death of one of his Co-Executors, and resignation of the other, to wit, in November last your Orator was cited by the Probate Judge of said County, and execute a new bond, which your Orator did, and which was approved by said Court, and again on the 14th Instant a Ceitation was served on your Orator, calling on him to appear Instantor before said Probate Judge and renew his bond as said Executor, without assigning any cause therefor--Should your Honor require a new bond, or any bond, your Orator will endeavor to give such as one as your Honor can approve. The premises consider and your Orator prays your Honorable Court would take jurisdiction of the settlement of the estate of his said Testator, and that the same may be brought into your Honorable Court, to be administered according to the rules of equity. And that your honor cause the necessary order to be issued by the Register of your honorable Court, directed to the Probate Court of Lawrence County Alabama injoining and restraining that Court from all further proceedings in the settlement of the estate of your Orators Testator, and requiring said Probate Court to Certify to your Honorable Court, all papers, orders &c &c appertaining thereto, and all other Orders which your Honor may deem expedient to meet the exegencies of the case, and your will Orator ever pray &c &c C.C. Clay Jr. Rich'd O. Pechete Solictors The Register of the 30th District of the Northern Chancery Division of the State of Alabama, will issue writs of injunction and Subpoena according to the prayer of the foregoing bill; as also an Order requiring the Probate Court of Lawrence County to transfer to the Chancery Court all original vouchers and papers pertaining to the estate of Benjn Sherrod decd, now in the Office of the Probate Court with Transcripts of all Orders touching the same, made in said Court. Done at Chambers, this 25th January 1851. D.G. Ligon Chancellor Endorsed Filed in my office 25th January 1851 John H. Hansell Register

6 Exhibit Will I Benjamin Sherrod of Lawrence County State of Alabama, do make and publish this my Last Will and Testament in manner and form that is to say, I will that all of my Real Estate personal property and debts owing to me shall be charged with the payment of my debts and that all the real estate Slaves Stock and other personal property on my several plantations shoud be kept together by my executors hereinafter appointed and the said plantations shall be cultivated by my Slaves under the direction of my executors or the survivor of them without any division of the said real estate or other property hereby charged afresaid untill all my debts shall have been paid out of the proceeds of the several plantations. I will and direct that after the payment of the expenses current by my executors in cultivating said plantations and disposing of the crops a sufficient sum shall be annually paid by them to my wife Talitha Sherrod for her liberal support and maintainence and a sufficient sum shall also be paid by them annually from the same source to the Guardian of my three children Charles Fox William Cranford and Susan Adalene for their liberal support and education My executors shall also pay annually to my son Samuel from the proceeds as aforesaid of my several plantations a sum which shall in their judgment be sufficient for a liberal support for him and his family. It is my will that during the time it may be necessary for my Executors to keep my estate together aforesaid my wife shall retain exclusive possession of my dwelling house, the garden, pleasure grounds and outhouses thereto attached, all the household and kitchen furniture, such slaves as shall be empl;oyed by me as household slaves, at the time of my death, and my pleasure carriage horses and driver, for her use during the time aforesaid without being liable to any charge for the return of the same. At the end of the year in which the payment of all the debts due by me and chargable to my estate shall be completed, I will that my real and personal property of every description be divided as herein after directed, and upon such division, I devise to the family of my deceased son Felix A. M. Sherrod the plantation purchased of John P. Hickman John Glass and others and known as the Pond Spring Plantation, also all the horses, mules, cattle, sheep, hogs, plantation materials &c that may be upon said plantation at the time of my death together with following negroes (subject to the herein after provisions) to wit, Black Jim, Anny, his wife, Tom, Arch, Davy, Sandy, Stephen, Sylvia, Emily, Selena and an infant child, (their children), Kizziah, Willis, Melledge, Charles, [Elatad?], Louisa, Lewis, Aggy, Jack, Kitty, Sylla, Guy, Susan, Ellen, Simon, Mariah, Andrew, Manuel, Aelsie, Turner, Agnes, Joe, Sandy and Anderson (sons of Harry) Judy, Sherman, Marinda, Malichi, Edmund, Betty, Rhoda, Vicey, Cooper Joe, Mary, Old Jack, Andrew, Charity, Salena, Jake Irena, Dick (son of Manuel) Lathan, Martha, Caroline, Delphine, Frances, Lucy, Ann, Alfred and Ellick, during the widowhood of my daughterlaw Sarah Sherrod the property devised to the family of my deceased son Felix A.M. Sherrod shall be kept together and managed by my executors for the benefit of herself and children but in the event of her marriage she is to receive childs part of the negros devised

as aforesaid together with the household and kitchen furniture and the carriage and horses which property shall be hers for and during her natural life provided the Negroes shall not be removed from this State in which event she forfeits her life estate and my executors are to take the necessary steps to recover the property, for the use of her children by her first husband. The land devised for the benefit of the family of my deceased son Felix A.M. Sherrod I give to my grandsons Benjamin and Francis Edwin Sherrod to be equally divided between them when the youngest shall arrive at the age of twenty one years the said land however to be used for the benefit of the widow and all her children subject to the conditions above mentioned. My grand daughter Alice Clay Sherrod shall be entitled to receive an equal portion of the Negro property when she arrives at the age of twenty one years or marries the whole property to be held and kept together for the joint benefit of the family unless the widow should marry and then for the benefit of the three children. Upon the division aforesaid I will to my son Frederick O. A. Sherrod the following tracts or parcels of land lying in the County of Franklin, to wit, the plantation purchased of Aldridge and the Joneses about Two Miles East of Tuscumbia together with all other land to be by me hereinafter acquired adjoining the said plantation and also all the horses, mules, cattle, hogs, sheep wagons carts and plantation tools of every description upon said plantation at the time of my death also the following negroes namely Mansfield, Lucy Emily and two children Dick Mansfield Billy Edward Frank Perrin Ben Becca Alfred Little Hariett Henson Marinda Albert Daniel Robert Almary Miller Cynthia Tilla Clarissa Charles Tyler an infant child Deck ( the Black Smith) Marinda Major and two small children[ G???] Polly Clarissa Lucy Irena Leah Lindsey Mahala and child Sam Charity and two children William and Sophey and one child Banks Hester Dolly Zack Old Bob Mary Mark Lavina Becca Austin Henderson Mary Ann Delia Kizziah Cyrus and two small children Jesse Sam Herbert and Old Clay -- upon the division aforesaid I devise and bequeath to Frederick O. A. Sherrod Samuel Shackelford and William W. Watkins or the survivor of them the following negroes namely Abram Nelly Elvira Airey Isbell George Eliza Jim Brinkley Phillis Eda Judge Delice Letty Guy Mary Nancy Abram Robert Missouri Susan Lethia Ann Howard Abe big Fanny Felix Lightfoot Lewis Lena Major Airy Rose Wiley Old Easter Wyatt Margaret and two children Jake Mariah Rose Bradford Jacob Caroline Nelson Louisa and two children Milly Henrietta Edmund Sophy and one child Ceffy Robert Ann Katy Jim, Kitty Horace Stephen Celia John Spencer Charles and Sylvester . I also direct my Executors after my debts are paid to purchase a tract of land containing between sixteen hundred and two thousand Acres the price not to exceed twenty thousand dollars said land to be paid for out of the proceeds of my estate before any division is made The plantation hereby directed to be purchased is to be stocked with horses mules hogs Cattle and Sheep and furnished with the necessary plantation tools and implements and one years provisions and provender by a functional contribution from all my other plantations The foregoing devise and bequest I make to the said Frederick O.A.Sherrod Samuel Shackelford William W. Watkins in trust that they or the survivor of them shall keep the said land Slaves and the future [???] thereof And the otherproperty

8 personal property together and employ said leaves in the Cultivation of the plantation directed to be purchased, they shall take the proceeds of the real estate and other property included in this tract and out of the same shall first pay the expenses incured in the Management of the estate and in causing the said plantation to be Cultivated and one half of the balance of the Annual proceeds they shall pay annually to my Son Samuel W. Sherrod for his maintenance and support and the other half of the annual balance of such proceeds shall be accumulated in their hands or the hands of the survivor of them should the Trustees herein appointed herein be of opinion that the money directed to be paid by them annually to my son Samuel is not appropriated by him so as secure the proper education and maintainence of his children they are to pay over to him only so much as shall be sufficient for his personal expenses and the balance they shall apply to the eduction and maintainence of his family. The Trustees shall have the power if think proper to invest the annual balance directed to be retained by them in hand for the benefit of the children of my said son Should the Trustees herein appointed at any future time be of that my son Samuel would manage the property herein bequethed to them in trust judiciously and properly and not squander the proceeds then they shall be at liberty to surrender the trust so far as to allow him to manage the plantation and sell and receive the proceeds of the crops &c but be it fully understood that the devise to said Trustees is for the benefit of his children. I devise and bequeath upon the division aforesaid to William W. Watkins, Frederick O.A. Sherrod and Richard Jones and to the survivor or survivors of them in Trust the following real and personal property to wit a plantation lying South West of Courtland containing two thousand acres known by the name of the hard bargain plantation together with all the stock of the horses mules cattle, hogs and sheep and all the plantation utensils that may be on said plantation at the time of my death and also one third part according to value and also the following Negroes namely Joe Lucinda Clarissa Dolphice Juliana James Sam Violett Charles Isaac Anderson Aggy Polly Ann infant child of Violet Daniel Daphny Nick Peggy Daniel Moses Betsey Amanda Ellen Salena Mary Josephus Kitty Louisa Burley Solomon Anna Abraham Letty Augustus Bartley Richmond Bartley Lewis Octuvus Grace Adaline Nelson Camel John Betsy Jane Davy Peter Ross Gilbert Sally Nancy Peyton Feilds Colman Francis Billy Sarah George William Eliza Frank Pheby Delphy Scott Archey Esther Susan Sidy Peggy Irish Lucy Ben George Delphia Joe Shadreck Rachel Jinny Squire Amanda Marinda Amy Richmond June Amy and Henry the three last orphan children of Leah Lawrence Agnes Mary Harry Lucinda Jack Jimmy John Levi Emily Emeline Henry child of Emily Tom Peter Letty Grammee Dolly Amy Ben Easter Margaret Jim Melvinia Big Phil Penny [Marrerva] August Jack Page Reason Malinda Penland Martha John Churchwell Eliza Peggy Lewis Ralph Dina Lydia Virginia Hannah

Spencer Wal [page has been folded a bit when scanned and portions of 7 handwritten lines have small break indicated by brackets [...]] Jackson Carson Mariah Malissa Esceline Big Mose Peter Chas[...] Aisley Charity Fred [teig???] Martha Nancy Brych [??--tha] Frank Randal [...] Lillian John Malissa America and child [Lendon Scipio??] Isaac [..]harlotte [Q]uash Delice Ellen Mack Otho Achilles Alice Jim (the[...]) Phil Grace Frankey Tempey Rachel Amanda Doctor Betsy Bil (the [...]) Mariah Anna Jane Milton Harriett Virginia Ann & Catherine in trust during the life of my daughter Susan A. Shackleford to cultivate the plantation aforesaid with said slaves and their further increase and to pay to my wife annually during her life one fourth part of the net proceeds of all the estate and property included in this trust the said Trustees or the survivor of them paying to my daughter the other three fourths of the net proceeds of the same until the death of my wife after which event the whole of the proceeds of said estate shall be by said proceeds or the survivoror or survivors of them to my said daughter the payments aforesaid from the beginning of them to my said daughter during her natural life and upon her death I give devise and bequeath all the real and personal property with the future increase of said Slaves to be equally divided among all the children of my said daughter may leave, and the descendants of any child of hers who may die before her death such descendants of a deceased child to take the part which the deceased child would have been entitled if alive at my daughters death. Should my daughter die without leaving a child or children living at her death or the descendants of any such child living at that time then and in that case I give devise and bequeath one half of the Slaves included in this trust to her husband Samuel W. Shackleford should he survive her and the other half od said Slaves and the stock planatation utensils [etc?] I give to my two sons Charles and William to be equally divided between them and in the event of Samuel Shackleford dying before his wife (my daughter Adaline then the whole of the Slaves given in Trust for the benefit of my said daughter shall be equally divided between my two sons Charles and William or if one of them should be then dead leaving no descendants the other to have both shares but if either of my two sons should then be dead leaving children then alive or the descendants of such children they shall have his share the descendants of any of his deceased children taking the interest to which to which their parent if living would be entitled. The land included in said Trust I give to be equally divided between all my children in the event of my daughters dying without issue. But if upon the death of my daughter without leaving issue living at the time of her death or the children then living [words stricken] of any deceased child of hers neither of my said two sons should be living nor any child of either of them or descendants of any such child then I devise and bequeath all the real and personal estate which the trust includes not heretofor disposed of to my sons Frederick and Samuel and the children of my deceased son Felix the child or children of either who may die before the death of my daughter without issue or descendants to take the part which the deceased parent if then living would be entitled. It is also my will that my daughter shall have no right or power to sell mortgage or transfer in any way by anticipation the proceeds or any part thereof of the trust hereby created for the seperate and exclusive use during her natural life. If she shall in violation of my Will do so, then my Will is