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Elijah Hilton Will

At Montgomery July Court 1802 - This agreement between the legatees of Elijah Hilton deceased was proven in Court by the oath of Bird Smith and Ebenezer (Walkins?) witness thereto and ordered to be recorded.  Teste  Charles Taylor

Men of an agreement made and entered into this 8th day of Sept 1798 between the legatees of Elijah Hilton Decd & is as follows  The said Elijah Hilton dieing without a written will made the following verbal one as follows  My desire is that my land shall be divided between my sons John & Archelaus agreeable to the way that I have divided them  John to have the lower part & Archelus the upper part only my wife Susannah to have the use of as much of the plantatiuon her lifetime as she may want & at her decease to decend to my said son   Also I give my said wife my young mare & her choice of three cows & I give to my daughter Pattey the horse _____ & desire she may have as much other property given her as my other daughters had when they married   All the beef cattle that may be fit for market the fall after my decease I desire may be sold & the money ariseing from the sale to be equally divided between my wife and my three unmaried children and the rest of my stock to remain on the plantation for the use of my wife & unmaried children except the bay horse and old mare which together with my part of the land David Howel & myself has in partnership to be sold for the best price that can be got & the money arisaing from said sales to be equally divided between my wife & my sons John, George & Archelus & my sons in law Charles Turman, David Howel & Henry Hilton & my daughter Patty, & for the purpose of putting the aforesaid will in execution we the undersigned to covenant & agree each with the others each of our heirs_______& asigns to abide by & perform the aforesaid will the content therewith under the penalty of one thousand dollars   As witness our hands & seals the day & date above written.  Test  Bird Smith   Evenezer Watkins   William Garrinson   Guy Smith
and the heirs are listed as:  Susannah Hilton, George Hilton, John Hilton, Archelaus Hilton, Charles Turman, David Howel, Henry Hilton and Pattey Hilton.