Sherrod v. Sherrod's Administrators

sufficient for his personal expenses. And the balance they shall apply to the Educations and maintenance of his family, The Trustees shall have the power if they think proper to invest the annual balance directed to be retained by them in land for the benefit of the Children of my said Son. Should the Trustees herein appointed at any future time be of [space] that my Son Samuel would manage the property herein bequeathed to then 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 .

Bequest to Susan A. Shackelford I divise and bequeath of 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 in this County South West of Courtland Containing Two thousand Acres of land known by the name of the Hard Bargain Plantation together with all the Stock of 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 of the following negroes namely. Ive, Lucinda, Clarissa, Delphia, Julia Ann, James, Susan, Violete, Charles, Isaac, Anderson, Aggy, Polly Ann infant child of Violet. Daniel, Daphna, Nick, Peggy, Daniel, Moses, Betsey, Amanda, Ellen, Solona, Mary, Jesuphus, Kitty, Louisa, Burba, Solomon, Anne, Absalom, Lotty, Augustus, Bartley, Richmond, Charity, Lewis, Octavus, Grace, Adeline , Nelsen, Campbell, John , Betsey, Jane, David, Peter, Rose, Gilbert, Sally, Nancy, Peyton, Fields, Coleman, Frances, Billy, Sarah, George, William, Eliza, Frank, Phebe, Delphy, Scott, Archey, Esther, Susanna, Liley, Puggy, Irish, Lucy, Ben, George , Delphy, Jo, Shadrick, Rachel, Jenny, Squire, Amanda, Marinda, Amy, Richmond, Jane, Aisy and Henry, (the three last orphan children of Lear) Laurence, Agnes, Jack, Page, Ransom, Malinda, Paulina, Martha, John , Churchwell, Eliza, Peggy, Lewis, Ralph, Diana, Isham, Lydia, Virginia, Hannah, Spencer, Walker, Jackson, Cassen, Maria, Malissa, Exeline, Big Mose, Peter, Chay, Ailsey, Charity, Fred, Kiz, Martha, Nancy, Byron, Rutha, Frank, Randell, Celia, Yellow John , Matilda, America and Child, Sowden, Syppie, Isaac, Charlotte, Quash, Lily, Ellin, Mack, Otho, Achilees, Alice, (Jim the weaver) Phil, Green, Frankey, Tempsy, Rachel, Amanda, Docter, Betsy, (Bill weaver) Maria, Annejane, Mitten, Harriott, [?Triginan], Ann, and Catherine, in Trust during the life of my daughter Susan A. Shackelford, to Cultivate the plantation aforesaid with said Slaves and thier future increase, and to pay to my wife Annually during her life one forth part of the nett proceeds of the estate and property included in this Trust The said Trustees or the Survivors of them paying to my daughter the other three fourths of the nett proceeds of the same untill the death of my wife, after which event the whole of the Clear proceeds of said Estate shall be paid by my said Trustees or the Survivor or Survivors of them to my said daughter ; the payments aforesaid from the beginning of them to my daughter during her natural life shall be for her whole seperate and exclusive use during her natural life, and upon her death I give devise and bequeath all of said Real and personal property with the future increase of said Slaves to be equally divided

among all the Children my said daughter may have, and the decendants of any child of hers who may die before her death such decendants of a deceased child to take the part to which the deceased child would have been entitled if alive, at my daughters death, should my daughter die without leaving a child or childrens living at her death or the decendants 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 Shackelford should he survive her, and the other half of said Slaves and the stock, plantation Utensils &c I give to my two sons Charles and William to be equally divided between them. And in the event of Samuel Shackelford dying before his wife my daughter Adelade then the whole of the Slaves given in Trust for the benefit of said daughter shall be equally divided between my two sons Charles and William. or if one of them should be then dead, leaving no decendants the other To have both shares; but if either of my said two sons should then be dead leaving children then alive or the decendants of such children they shall have his share, the decendants of any of his deceased children,taking the interest to which their part 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 having issue living at the time of her death or the childrens then living of any deceased child of hers neither of my said two sons shall be living her any child of either of them or decendants of any such child then I divise and bequeath all the Real and Personal estate which this trust includes not heretofore 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 decendants to take the part to which the deceased parent if then living would then 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 anticipations the proceeds or any part thereof of the Trust hereby Created for her separate and exclusive use during her natural life, and if she should in violation of this my will do so, then my will in that such sale, Mortgage or other Transfer shall be a forfeiture of said (of her) instead in said Trust, and that the said Trustees shall afterward pay over to her one half only of the clear proceeds of the said Trust Estate and shall hold the other half for the separate and exclusive use of her children should she have any at the time or if she have no child at the time of such forfeiture the last mentioned half of the profits shall be accumulated by said Trustees for the benefit of her child or children should she ever have any or for the benefit should she never have issue of such person as shall be entitled to the legal interest at her death.

Upon the division aforesaid I devise and bequeath to my son William Sherrod my plantation upon which I now reside lying upon the West side of Spring Creek. Commencing in the Centre of the West fork of said Creek where my South line crosses the same the Centre of the Creek to be the line between my sons William and Charles so far as my lands extends thereon, also an undivided interest of one half in the Island in Tennessee River called Cow Island and the Island lying North of

27 Will and near the corner of the former Containing about fifty acres, also one half of the Stock of horses , mules, Cattle, Sheep, hogs & plantation utensils that may be on said plantation at the time of my death also one third part according to Value of the negroes and there increase which are named in the foregoing trust for the benefit of my daughter but this devise and bequest to my son William is hereby made subject to the provisions herein before made for my wife so far as the same conflicts with it And I also bequeath to my Wife during her natural life one fourth part of the Clear annual proceeds of the Real and personal Estate hereby devised and bequeathed to my said son William .

Bequest to Charles F Sherrod I devise and bequeath to my Son Charles F. Sherrod all the lands on the plantation wherein I now reside lying on the East side of Spring Creek a line along the Centre of which Creek is hereby made the boundary between him and my son William , Also an undivided interest of one half of an Island in Tennessee River Called Cow Island and an other Island Containing about Fifty Acres lying North of and near the coursend of the former, Also one half of all the horses, mules, hogs, Cattle, Sheep and plantation utensils on the home plantation at the time of my death also Two negro Cubbens a meal house and Gin house Running gear and apperrtenances to be removed before any division of the negroes, from the West to the East side of said Creek and rebuilt at such as he may direct also one third part according to Value of the negroes (and their increase) named in the Trust hereby created for the benefit of my daughter . But I hereby devise and bequeath to my wife during her natural life one forth part of the Clear proceeds of the Real and personal estate hereby devised and bequeathed to my son Charles.

Bequest to W.S.Scroope I give and bequeath to my grand son William S. Scroope three thousand dollars which I placed in the hands of his father at the time of birth to be kept at Interest untill he arrives at the age of twenty one years and then invested in lands for his benefit Also the following negroes namely, Washington, Dorcus, Jenny and Child, Phebe, Joshua, Anthony, Nelson, Polly, Francis, Ellis, Davy, Emeline, Leyrus, Julianna, Martin, Frank, Pat, Peter, Letty, Dennis, [??tha], Allen, Mary and her three Children , Calademia, Mason, Whorton, Caroline , Sherman, Ily, Fanny, Bedford, Ritta, Loretta, Elizabeth and Child, Joe, Lucky, Patsy and two Children , and Rose. I hereby appoint my son F.O.A.Sherrod as Trustee to take Charge of the above named Negroes and their future increase at the division of my Estate and to employ them as he may think best untill the Executers of Jacob H. Scroope shall purchase a plantation on which to work them, and my said son Frederick shall be entitled during the time he has the negroes in possession to the half of the Clear profits of their labour. I also Will and bequeath to my said grand son my oldest of Sterling plate. But if my said grand son should die leaving a Wife but no child nor the decendants of any child in that case it is my Will that his Wife shall take the interest in the Estate devised to him by me to which the law of Alabama would title her if he were seized and possessed of the same in fee simple, and the balance of the said Estate I will to be divided equally between my three eldest sons and their families , the Children of such of my said sons as may depart this life previously to the decendants of such Children taking the Share to which the deceast parent would have

28 Will Bequest to Mrs Sherrod entitled I wll and bequeath to my wife absolutely all my household and Kitchen furniture Carriage and horses together with the following Negroes namely George, Matilda, Jenny, Henry, Susan, Sylla, Drudy, Richmund, Lena, Raymond, Sophia, Mary, Hilliard, Robinetta, Coleman, (Carriage Driver) Sylvia and Melvinia, the three last children of Tom by Peggy, Catherine and Robinetta, (the 2 last orphan children of Marinda) I also Will that my wife shall retain possessions during her natural life of my dwelling house, the out houses attached thereto, the Garden and pleasure Grounds &c

Bequest to S.G.Watkins I give and bequeath to my step son Samuel Goode Watkins in the divisions of my estate Negro boys Eli and Alexas sons of Cooper Joe and Mary. My Executers are directed to purchase when sold and pay for out of the proceeds of the whole Estate before a division for the benefit of the Children to whom it is devised the following lands (mortgaged by me) for the payment of a Northern debt of nine thousand four hundred dollars principal) namely one quarter Section of land attached to the Hard Bargain plantation and Cow Island and Corn Island in the Tennessee River, my stock of Jacks, [???netts] and Stallion [H???] I leave as a Common Stock for all my children . It is my wish that in a division of the negroes devised to my three youngest Children the following negroes shall be included in my daughter Adalades lot namely [???] Jim, Harriett, Martha and their Children .

Executers appointed. I hereby nominate and appoint Frederick O.A.Sherrod Wm.W.Watkins and Richard Jones as my Executers for the purpose of carrying my Will into effect, And I also appoint William Cooper as an Advisary Executer, my Executers are directed to keep all my estate together as they find it at the time of my death, untill my just debts are paid, before my Cash legacies are paid, or any division of the estate takes place. If in the execution of this Will any doubts or difficulties arise as to the true meaning, I hereby direct my executers or the Survivor or Survivors of them, or such person or persons as may execute this Will to take the opinion in writing of William Cooper or some other person learned in the law as to the legal import of any Clause thereof and such opinion acted on by them shall exempt him or them from all liability or [???], and this Authority shall extend as well to the technical terms as to other parts of this Will. In testimony whereof I have hereunto set my hand and affixed my seal to this and each of the foregoing sheets on this second day of April 1846 Lucinda McLamore Jack Shackelford Benj. Sherrod [seal] John W.Compton

Codicil I Benjamin Sherrod of the State of Alabama and County of Laurence do make and Constitute the following Codicil as a part of my last Will and Testament namely, should my daughter Susan Adelade die not leaving an heir of her body than and in that count, I bequeath to my son in law Samuel W.Shackelford the one half of the personal property

29 bequeathed to my said daughter Susan Adelade in my Will, I also bequeath to said Samuel N. Shackelford the half of the crop growing on the plantation given to my daughter aforesaid at the time of her death should she die leaving no heir of her body.

I also request that my Executors appointed in my last Will shall be required to give security for their executorship but that they may be permitted to act under the same without giving bond or security, and it is my earnest request that should the Court refuse to permit my Executors to act without giving Security application be made to the Legislature of the State granting them such privilege. Witness my hand and seal.

Benj. Sherrod seal [circled] In presence of Jack Shackelford W. H. Gibson E. S. M^cMahon

And at the April Term 1847. of the Orpans Court of Lawrence County the following Orders were made to wit,

[left margin] Executors appointed by Court

On the application of Frederick O. A. Sherrod, W^m W. Watkins and Richard Jones for the Executorship of Benjamin Sherrod late of said County deceased ; It is Ordered by the court that they be appointed Excutors of the last Will and Testament of Benj. Sherrod deceased, and they having entered into bond with Samuel W. Shackelford, Samuel W. Sherrod, Talitha Sherrod and Sarah A. Sherrod as their securities in the penal sum of Five hundred thousand dollars, conditioned as the law directs and taken the oath by statute in such cases made and provided ; It is further Ordered that Letters Testamentatory issue to them accordingly.

Executors Bond Know all men by these presents that we Frederick O.A.Sherrod, Wm W. Watkins, Richard Jones, Samuel W. Shackelford, Telitha Sherrod and Sarah A. Sherrod, all held and firmly bound unto Richard O. Pickett, Judge of the County Court of Lawrence County in the State of Alabama, and his successors in office in the penal sum of five hundred thousand dollars, to which payment well and truly to be made we and each of us do bind ourselves our heirs &c firmly by these presents sealed with our seals and dated the fifth day of April one thousand eight hundred and forty seven. Now the Condition of the above Obligation is such that whereas the above bound Frederick O. A. Sherrod, Wm W. Watkins and Richard Jones have been duly appointed Executors of the last Will and Testament of Benj. Sherrod deceased, now if said Frederick O. A. Sherrod, Wm W. Watkins and Richard Jones shall well and truly perform all the duties which are or may be by law required of them as Executors then the above Obligation to be void. else to remain in full force and Virtue. Witness our hands and seals the date above written Wm W Watkins [seal] Richard Jones [seal] Fred. O Sherrod [seal] S. W. Shackelford [seal] Telitha Sherrod [seal] Sarah A Sherrod [seal]

Approved April 5th 1847 Rich. O. Pickett Judge Cty Cl.