Sherrod v. Sherrod's Administrators

that such Sale Mortgage or other Transfer shall [folded page for nine lines "cause a"--brackets show cut words] forfeiture of one half of her interest in said trust 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 seperate 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 then 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 [illegible - broken by page fold] sons as shall be entitled to the legal estate at her death. Upon the division aforesaid I devise and bequeath to my son William C. Sherrod my plantation and land upon which I now reside lying on 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 said creek to be the the line between my sons William and Charles so far as my land is [illegible] thereon also an undivided interest of one half in the Island in the Tennessee River called Cow Island and the Island lying North of and near the lower end of the former containing about fifty acres also one half of the stock of Horses Mules Cattle Sheep Hogs and planatation utensils that may be on said planation at the time of my death also one third part according to value of the Negroes and their increase which are named in the foregoing trust for the benefit of daughter, but this devise and bequest to my son William is hereby made subject to the provision heretofore 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. I devise and bequeath to my son Charles F. Sherrod all my land on the plantation whereon I now reside lying on the East side of Spring Creek a line along the centre of which the Creek is hereby made the boundary between him and my son William. Also an undvided interest of one half in an Island in the Tennessee River called Cow Island and an other Island containing about fifty acres lying north of and near the lower end of the former also one half of all the Horses Mules Cattle Hogs Sheep and plantation utensils on the home plantation at the time of my death also ten Negro Cabins a meat house Gin house [runn??/ing] gear and appurtenances to be removed before any division of the Negroes from the West to the east side and rebuilt at such place as he may select 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 wife during her natural life one forth part of the clear annual proceeds of the real and personal estate hereby divised and bequeathed to my son Charles. I give and bequeath to my Grand Son William S. Swoope three thousand dollars which I placed in the hand of his father at the time of his birth to be kept at interest untill he arrives at the age of twenty one years and then invested in land for his benefit. Also the following Negroes namely Washington [Darcr?] Jinny and child [Pheuby] Joshua Anthony Nelson Polly Frances Eller Davy Emiline Cyrus Julianna Martin Frank [Pa??] Peter Setty Dennis [?thy] Allen Mary and her three children [(Clury? +

11 Fanny Aaron Caroline Milly Amelia Caladonia Mason Horton Caroline Sherman [Ibey] Fanny Bedford Retta Seretta Elizabeth and child Joe [Suchey] Patsy and two children and Rose. I hereby appoint my son F. O. 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 executors of Jacob K. Swoope shall provide a plantation on which to work them and my son Frederick shall be entitled during the time he has the Negroes one half of the clear profits of their labour. I also will and bequeath to my grand son my old set 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 entitle her if he were siezed and possessed of the same in fee simple, and the balance of said estate I will to be divided equally between my three eldest sons or their families the children of such of my said sons as may depart this life previously or the decendants of such children taking the share to which the deceased parent would have been entitled. And I will and bequeath to my wife absolutely all my household and kitchen furniture carriage and horses together with the following Negroes namely George Matilda Jerry Henry Susan Scilla Drudy Richmond Lena Raymond Sophia Mary William Robinnetta Coleman (Carriage Driver) Sylvia Coleman and Melvinia (the three last children of Jim by Peggy Catherine and Robinnetta (the two last Orphan children of Marinda) I also will that my wife shall retain possession during her natural life of my dwelling house with the outhouses attached thereto the garden pleasure grounds &c I give and bequeath to my step son Samuel Goode Watkins on division of my estate two Negro boys Eliand Alexar sons of Cooper Joe and Mary. My Executors 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 land (mortgaged by me for the payment of a Northern debt of Nine thousand seven hundred dollars principal) namely one quarter section attached to the hard bargain plantation and Cow Island and Corn Island in the Tennessee River. My stock of Jacks Jinnetts and Stallion [Hark] I leave as a comon 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 Adelaids lot namely Uleavu Jim Harriett Martha and three children. I hereby nominate and appoint Frederick O. A. Sherrod, William W. Watkins and Richard Jones as my Executors for the purpose of carrying my will fully into effect and also appoint William Cooper as an advisory Executor. My Executors 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 should arise as to the true meaning I hereby direct my Executors or the survivor or survivors of them

12 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 the legal import of any clause or clauses thereof and such opinion if acted on by them shall exempt him or them from all censure or liability and this authority shall extend as well to the technical terms as to other parts of the will. In testimony whereof I have hereunto set my hand and affixed my Seal, to this and each of these foregoing sheets, this the second day of April 1846. Lucinda McLamore Benj. Sherrod (seal) Jack Shackelford John W. Compten

I Benjamin Sherrod of the State of Alabama and the County of Lawrence do make and constitute the following Codicil as part of my last Will and Testament, namely should my daughter Susan Adelaid die not leaving any issue of her body, then and in that event I bequeath to my son in law Saml W. Shackelford the on half of the perishable property bequeathed to my said daughter Susan Adelaid in my Will. I also bequeath to said Saml W. 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 devise and request that my Executors appointed in my Will shall not be required to give any 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 Execs. to act without giving security application be made to the Legislature of the State granting them such power. Witness my hand and seal this 20th Jany 1847. In presence of Jack Shackelford Benj. Sherrod (seal) W.W.Gibson E. S. McMahon Endorsed Recorded in Inventory and Will Record Book @ pages 63 to 69 inclusive. Exhibit Inventory & Appsmt. The State Alabama } Orphans Court June Term 1837 Present Honorable Lawrence County } Richard O. Pickett Judge of said Court On the application of William W. Watkins and Richard Jones Two of the individuals named and qualified as Executors of the last Will and Testament of Benjamin Sherrod deceased. It is Ordered by the Court that the Inventory and Appraisement as returned and sworn to by said Executors, be received and admitted to Record which is in the words and figures following, to wit. Appraisement and Inventory of the Estate of Benjamin Sherrod deceased in Lawrence County Alabama. Cotten Garden Slaves Shaderach aged 75|000|00 Othe aged 12|650|00 Sylva " 30|600|00 Achillis " 10|475|00 Ellen " 16|600|00 Alice " 5|250|00 Mack " 14|600|00 Penny " 51|100|00

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