The wills below were transcribed by Sandra A. Nigh, from Sumter County Courthouse records on film (L.D.S. Family History Library #1293803: Sumter Co. AL Will Books Vol. 1 and 2; and L.D.S. Family History Library Film #1293891: Sumter Co. AL Will Book Vol. 3: 1872-1919 and some Vol. 3 Amason wills can also be found L.D.S. Film # 2050562: Alabama: Sumter County Estate Papers). These films can be ordered into any Family History Center for viewing at a nominal charge.
Wills for Elbert Amason, Joshua T. Smith, and Asa Amason are transcribed on this page. Other wills will be added to this site.
Note: The following documents were transcribed, with spelling, use of capitalization, lack of punctuation, symbols, etc., to resemble as closely as possible, the original documents.
SOURCE: Sumter County, Alabama Will Book Vol. 2 (L.D.S. Family History Library #1293803):
WILL OF ELBERT AMASON:
Pg. 402:
Elbert Amason
Last will & testament
Probated & Recorded
August 23rd 1870
Item First
I will my soul to God who gave it and my body to the Mother Earth and desire that I may buried in a manner suitable to my circumstances in life, and my funeral expenses defrayed from my personal estate, not otherwise herein disposed of.
Item Second
I will and desire all of my just debts shall be paid by my Executrix and Executor out of my personal estate not otherwise disposed of.
Item Third
I will and bequeath to my dear wife Elizabeth Amason, her lifetime, in lieu of ____ and at her death the same to ___ in fee Simple in my son Eli Amason, with the tenements thereon the following lands, to wit The South West quarter of Section Ten and the North West quarter of Section fifteen known as the Meadows(?) and Grice Lands, and being in Township Twenty and Range three West, and Containing three hundred and twenty acres.
Item Fourth
I further will and bequeath to my wife, all the money I may have at my death of any description four mules and two horses to be by her selected from any stock which I may die seized and possessed, all of my stock of hogs, two cows and calves, all of my work oxes(?)
Item Fifth
Pg. 403:
Item Sixth
I give and bequeath to my Son Eli Amason in addition to the lands he is to have at the decease of my wife, the following lands to wit the South East quarter of Section Nine, one hundred and twenty Seven acres in the North West quarter of Section Nine, fifty acres in North East quarter of Section Nine, all in Township - Twenty Range three west, and the other one half interest in lands in flat Woods as set forth in item fifth, and I further will and bequeath to my Son Eli my horse Magon.
Item Seventh
It is my will and desire that any advances already made in stock, furniture or otherwise to my said daughter and son shall remain as they are, neither to be ___ to or taken from either, and that all property of which I may be seized and possessed not herein before disposed of, shall be sold at public _____ and the proceeds applied to the discharged of my funeral expenses and my debts, and my surplus that may remain shall be equally divided between my said daughter and son.
Item Eighth
I hereby declare, nominate and appoint my wife Elizabeth Amason and my son Eli Amason to be my Executrix and Executor, with full power and authority toexecute this my will as set forth in the Items above without bond or security. In faith whereof I have herewithset my signature in persence of witnesses, this the 9th day
of October 1869.
Witnesses
Pg. 404:
The State of Alabama
Sumter County
Personally appeared before me J A Abrahams Judge of the Probate Court of said County Lemuel (or Samuel?) T. Porter one of the subscribing witnesses to the will of Elbert Amason deceased who being duly sworn deposeth and says, that Elbert Amson, was an inhabitant of the County at the time of his death, that siad Elbert Amason signed the instrument hereton attached, on the day ___ ___ bears date in his presence and in the preseance of the other subscribing witnesses and at the request of the testator he (affiant) B. B. Thomas and J D. Harwell the other subscribing witnesses to the same in the presince of the testator and in the presence of each other. At the time of the Signing of said instrument, said testator was over twenty one years of age, of Sound Mind, and he at the Same time declared it to be his last will and testament.
Sworn & Subscribed to before
me this the 28 day
of August 1870
SOURCE: Sumter County, Alabama Will Book Vol. 2 (L.D.S. Family History Library #1293803):
Pg. 277:
Joshua T. Smith dec'd
Will
Filed for probate May 27
1863. -- & probated June 22
In the name of God, Amen. ---
I, Joshua T. Smith now of the County of Sumter and State of Alabama, between the age of eighteen and twenty one years, in good bodily health and sound mind, well knowing the uncertainty of life and that all mortals
must die, having determined to _____ ties my Devices in defence of my Country, and being desirous of arranging
my temporal affairs in a particular manner in case I should be killed in battle or otherwise die, before delivery
Pg. 278:
and publishing otherwise that in this my Last will and testament, do hereby declare and make known this to said last will and testament.
Item: First
I will my soul to God who gave it and my body to its mother earth, to be buried if killed in battle or die while in the service of my Country in any manner de: _____ by my comander & if among my friends and relatives
in a manner suitable to my condition and circumstances in life.
Item: Second
I will and desire any funeral expernse to be paid out of my estate, and all of my debts both of
note and account.
Item:Third
I will and bequeath to my dear Uncle Nathan Amason, whou has raised me, the sum of Three thousand Dollars to be paid him by my executors hereinafter to be named, out of my effects of which I may die seized and possessed.
Item: Fourth
I will and bequeath to my Aunt Nancy Gilbert if living at my decease the sum of Two thousand dollars, and if dead then that amount to her son Eli Gilbert to be paid in same as as set forth in item third.
Item: Fifth
I will and bequeath to my half Brother Albert Gay the remainder of my estate of which I may die seized and possessed, upon this condition that in the event of his death, before marriage, that then the said remainder to revert back to my Uncle & Aunt or their issue, and upon the further condition that if the said Albert shall marry and die without issue of his body leaving a widow, then one half of said remainder, to his widow and the other one half to revert back as above set forth.
Item: Sixth
I will & desire that in order that the above will may be fully an practicabily executed, as in the same set forth and directed, that Nathan Amason, and A. W. Richardson be appointed to fully as Executors Carry out the said will and hereby nominate the said Nathan Amason, and W. W. Richardson one of both of these if living or either of them to execute this my last will & testament.
In witness whereof witness my hand and seal this the 17 day of April 1861.
Pg. 279:
Witness
The State of Alabama, Sumter County;
I, Thomas R. Crews Judge of the Probate Court of said County hereby certify that William H. Sledge a
subscribing witness to said will appeared before me, this day in open court and bein by me duly sworn deposeth & says that Joshua T. Smith whose name appears signed to the foregoing will made and executed the same while of
sound and disposing mind & memory on the day the same was date in the presence of this affiant & the other subscribing witnesses; and that this affiant, and the other subscribing witnesses signed said will as witnesses at the request of said testator and in his presence and in the presence
of each other.
Sworn to & exhibited before
The will below was transcribed from Sumter County Courthouse records on film (L.D.S. Family History Library #1293891:Sumter Co. AL Will Book Vol. 3: 1872-1919). This will can also be found on L.D.S. Film # 2050562: Alabama: Sumter County Estate Papers.
SOURCE: Sumter County, Alabama Will Book Vol. 2:
WILL of ASA AMASON:
Will was witnessed: 27th October 1860
Will was revised and witnessed: 9th January 1869
Will was submitted for probate and recorded: 17th October 1876
First page:
The state of Alabama
Sumter County
In the name of God, Amen: I Asa Amason of the
County of Sumter, and state of Alabama, being of lawful age and
of sound and disposing mind and memory, do make, ordain,
declare, and publish, this my last will and testament in manner
and form following, hereby revoking all former wills by me at
any time made:
And first: I appoint my beloved wife Lydia, and my friend
Davis Foy, executors of this my last will and testament.
Secondly: I wish to be decently and unostentatiously buried,
according to the rites and ceremonies of the Christian Religion.
Thirdly: It is my will and direction that my executors pay
all my just debts, and my funeral expenses as soon after
my death as practicable.
Fourthly: It is my will and desire, that my wife if she shall
survive me, and all my children living at the time of my death,
including any child of which my wife shall be enciente at that
time, or my children, if I shall survive my wife, shall have
an equal interest in the whole of my estate subject to the
provisions and directions hereinafter made.
Fifthly: It is my will, and I hereby direct, that all the
estate real, personal, and mixed, which I may own at
the time of my death, be kept together by my said executors,
or whichever of them shall act as such, or whoever shall
succeed to them in the administration of my estate, and
disposed of, in the following manner, and subject to the
following directions and limitations: -- As long as my wife,
if she shall survive me, remains a widow, I desire and
direct the family establishment and relations, as far as prac-
ticable to be kept up, as though I were living; my wife
and children amply supported and provided for, and my
children educated, out of my estate. If there shall be any
net annual revenue or income of my estate, remaining after
making all necessary disbursements for the purposes aforesaid,
I give a child's part of it to my wife, to be paid to her annu-
ally: The balance of such annual revenue, or income, I di-
rect my executors to invest and keep separate, for the ex-
Second page:
clusive benefit of my children, and subject to the directions
and provisions hereinafter made. If my wife should marry
again, then I give him the privilege to be exercised within six
months after her marriage, of electing either to continue to
take such child's part of the net revenue or income of my es-
tate, until the youngest child, if a female, shall marry, or
arrive at the age of twenty one years, or, if a male shall
arrive at such age, or, at once, to take a child's part of
my personal estate and dower in my real estate. If she
shall elect to receive such child's part of the annual revenue,
or income of my estate, until the period aforesaid, then
her child's part of my estate, shall be kept together
with the childrens shares, until the last child, shall
marry, if a female, or arrive at the age of twenty-one
years, whether male, or female; and the portion of my
estate remaining for the benefit of my wife, and
last surviving child, shall be divided between them
equally: -- each receiving a child's part. If she
shall elect to take a child's part, and dower, at once, af-
ter her marriage, then, I direct my executors or whoever
shall be the administrator of my estate, to allot to her,
as her own property, a child's part of my personal
estate, estimating the number of children by the
number living at my death, and such as my wife
shall be enciente of at that time, and afterwards born
alive; and one third part in value, of my real estate,
to be held by her during her life; and if necessary, the
representatives of my estate, may call in three disinter-
ested, judicious persons, to assist in making the
allotments aforesaid: -- Which allotments, when made,
shall be binding and conclusive upon all persons interested
in my estate. In case any such allotment shall
be made, it is my will, that the residue of my estate,
be kept together, and managed, for the equal benefit
of my children, until one of them, if a male, shall
attain the age of twenty-one years, or if a female, marry,
Third page:
at which time, it is my will, that whoever shall be the
representative of my estate, shall allot and deliver to such
child, a child's part of my real and personal estate that may
then belong to my estate. In making this allotment, or
any other under this my will, the assistance of three
discreet, disinterested persons may be called in; and the
allotment, or allotments, when made, shall be binding upon
all persons interested in my estate. The residue of my
estate, after making the allotment last aforesaid, I
direct to be kept together and managed for the benefit
of such of my children as shall remain unmarried
females, or of any sex, under the age of twenty-one
years, until until another female marries, or
another child arrives at the age of twenty-one years, when,
such child shall receive his, or her child's part,
to be allotted in like manner; and so on, until
the last child marries, if a female, or whether
male or female, arrives at the age of twenty-one
years. If any one, or more of my children, should die
before marrying, if a female, or before arriving at the
age of twenty-one, if a male, or a female, unmarried,
the share such child would otherwise be entitled to,
shall go to the survivor, or survivors, who shall
marry, or arrive at the age of twenty-one, as aforesaid.
And in case neither of my children should marry, if a
female, or being a male, or an unmarried female,
should not arrive at the age of twenty-one years, then
all the shares of my estate, which would go to my
said children, in the events above mentioned: I give
to such of my next of kin as would be my heirs
at law, and distributees, if I had died without
any descendant.
Sixthly: In case my wife shall dissent from this my
will, and take dower and distribution of my estate
as if I had made no will, it is my will, and I hereby
direct, that the balance of my estate, be kept together
Fourth page:
and managed for the benefit of my children, and divided
among them, in the manner and at the times, and under
the conditions and limitations, above mentioned and di-
rected; and so likewise if I shall leave no wife surviving me.
Seventhly: In case dower shall be allotted to my
wife, in any event, at her death, it is my will
that the land allotted to her as dower, shall be
disposed of and divided among my children, or
my heirs at law, as the case may be, in con-
formity to the foregoing directions in regard to my
other estate.
Finally: In the management of my estate, and in
executing this my will, I desire my executors
or whoever shall have the management of my es-
tate, to exercise such a discretion and authority,
as they may reasonably suppose I would exercise,
if living. And I invest them with a large dis-
cretion in all matters connected with the manage-
ment of my estate, the support of my family,
and the education of my children. And I au-
thorise them to sell any portion of my real,
or personal estate, either at public or private sale,
and without any order of Court, whenever
they shall think it best in the interest of my wife,
or children, or of my estate, to do so. I also
authorise them with the proceeds of the sale of any
property, or with any other means belonging to
my estate, without any order of court, to buy
land, negroes, or any other property, for the use
and benefit of my estate, if they shall think
it best to do so; and, without any order of Court,
to invest, or lend any money belonging to my
estate, in such manner, and on such terms,
as they shall think best. And it is my will,
that my executors, or their successors in the
Fifth page:
Management of my estate, shall not be held
to strict proof of disbursements on account
of my wife, children, or estate; nor to a rigid
accountability; but that generally, their
conduct in the premises shall be liberally
and favorably construed.
In testimony whereof, I hereto set my
hand and seal this 27th day of October A.
D. l860.
Signed, Sealed, Published
(signed) R. G. McMahen
(signed) S.M. Holloway
(signed) T. Reavis
I, Asa Amason, being of sound mind and disposing memory,
do hereby make this change in, and codicil to, my foregoing
will, that is to say, by striking out, and considering as omitted
the word "negro", and the word "negroes" wherever they, or either
of them occurs. In all other respects, I hereby re-establish,
re-affirm, and re-publish my said will, as my true last
will and testament.
Given under my hand and seal this 9th day of January, A.D. l869.
In presence of
(signed) Chas Cooke
(signed) N??? Jackson
(signed) T. Reavis
Sixth page:
The State of Alabama
Sumter County.
I J A Abrahams
Judge of the court of Probate
in & for said county & state
hereby certify that the
within will and testament
and codicil thereto of
Asa Amason deceased has
been this day duly proven
before me in said court
and duly recorded together
with the proof thereof
in my office in Book of
Wills No 3 pages 48, 49
50, 51 & 52. In witness
whereof I have hereunto
set my hand this the
17th day of October 1876.
(signed) J. A. Abrahams
Judge of Probate