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Wills, Letters & Legends

The Last Will and Testament of Mrs. Ella M. Leland


TUSCALOOSA COUNTY,    #    I, Ella M. Leland, of the City of Tuscaloosa, in said State and County, being of sound mind and disposing memory, do make, declare and publish this my last will and testament, hereby revoking all other wills by me heretofore made.

Item 1.-- I direct my executors, hereinnafter named, to pay all my just debts as soon after my death as practicable.

Item 2.-- I give, devise and bequeath my house and lot in the said City of Tuscaloosa, the said lot being numbered 298 in the original plan of the Said City of Tuscaloosa, and situated at the South East Corner of tbe intersection of  Greensboro Avenue, and Eighth, also known as Pike, Street, to my daughter Carrie Leland, to have and  to hold in the manner following: An undivided one half interest therein absolutely, and in fee simple and the use,benefit,   enjoyment and occupation of the other half interest for and during her natural life, or until she marries, modified by the participation in the use and benefit thereof of my daughter Ella Faulk, as hereinafter directed.  Upon the death or marriage of my said daughter Carrie, my said daughter Ella Faulk, if she be not then living, her children shall become entitled absolutely and in fee simple to an undivided one half interest in said house and lot.   If durirng the life or spinster- hood of my said daughter Carrie, my said daughter Ella shall become a widow, than my said daughter Ella shall have the right to occupy use and enjoy with her family the said house and lot jointly vith my daughter Carrie.  And if, in such event, my said daughters should desire to rent out said house and lot.then with the consent of my said daughter Ella, my said daughter Carrie may rent out said house and lot, and shall collect the rents and pay one half thereof to my said daughter Ella, or if my said daughter, Ella be not then living, to her children. I give to my said daughter Carrie  the full and absolute right and power, to sell and dipose of the entire interest, absolutely and in fee simple, in and to said house and lot, by deed, during her spinsterhood, If in her judgment it shall be to the best interest or her and my said daughter Ella to do so. In case, however, she shall so sell or dispose of said house and lot one half of the proceeds thereof shall immediatly become the absolute property of,  and shall then be paid over to, my said daughter Ella, or in case she be then living, to her children.It is my will also that my youngest Son, Hume Leland, shall make his home with my daughter Carrie on said house and lot until his education shall have been finished and he shall become successfully established in the business or profession he shall choose, and that he be charged nothing for his board and lodging.

Item 3.-- I give, devise and bequeath to my said daughter Carrie Leland all the rest and residue of my property, real and personal to have and to hold for and during the term of her natural life, or until she marries, with remainder at her death or upon  her marrying, if she shall marry, to my sons, Richard M. Leland, William A. Leland,    Henry H. Leland, Joseph Leland and Hume Leland, to be divided equally among them.   Such portion of the income from the said rest and residue of my property as my executors may deem necessary,shall be devoted to the education and support of my said Son, Hume Leland until his education    shall  be completed and he shall have become established in business or a profession, provided  however, that sufficient shall always be left  to comfortably support my said daughter Carrie.   It is my will, however, and I so direct,  that my said son, Henry H. Leland, shall have the use, possession and enjoyment of my plantation in Tuscaloosa County, Alabama, which is known as the Potter place, so long as he shall pay to my daughter Carrie five hundred dollars per annum as rent thereof, and that if upon the death  or marriage of my said daughter Carrie, my said son, Henry H. Leland, or if he be not then living his heirs,  shall pay to his coremaindermen, in this item named, the sum of four thousand dollars, which is four fifths of my estimate of the value of said plantation, then the title in fee simple in  and to said plantation shall vest absolutely in my said son Henry H. Leland, or his heirs, to the exclusion of his said co-remaindermen. 

Item 4.-- Having by deed recorded at page 277 in Deed Book No. 45 in the office of the Probate Judge of said Tuscaloosa County,  conveyed to my said daughters Carrie Leland and Ella Faulk the house and lot disposed of in item 2 of this will, but retained and reserved to myself the right and power to revoke all interest therein conveyed and to make any other disposition of said house and lot as I saw fit,  I hereby revoke and recall to myself all right, title and interest in and to said house and lot, which was conveyed to my said daughter by said deed.

Item 5.-- I nominate and appoint my sons, Henry H. Leland and Joseph Leland to be executors of this my last will, and relieve and exempt them from giving any bond as such executors.
In  testimomy  whereof I, the said Ella M. Leland have to this my last will and testament  subscribed my name and affixed my seal this      9th         day of February, 1906.

                                                                                                    Ella M. Leland         (SEAL)

          Signed,  sealed,  and declared to be her last will and testament by the said testatrix, Mrs. Ella M. Leland, in the presence
          of us, who at her request and in her presence and the presence of each other have subscribed our names as witnesses
          thereto this  9th   day of February, 1906.

                                                                        W.B. Oliver          (Sig.)

                                                                        J. M. Foster      (Sig.)

State of Alabama
Tuscaloosa County      I, Wm W Brandon, Judge of Probate in and for said State and County, hereby certify that the within instument of writing has been on this day duly proved and admitted to probate as the last will and testament of Mrs Ella. M. Leland, deceased, and that said will together with the proof thereof has been duly recorded in Will Book No. 6 - [age 160.
     This 26th day of December 1912
                                                                                          Wm W Brandon
                                                                            Judge of Probate
State of Alabama
Tuscaloosa County                            Probate Court of Said County

In the matter of the Probate of the Last Will and Testament of Ella M. Leland, deceased.
    Before me Wm W Brandon, Judge of said Court, personally appeared in open Court, W. B. Oliver & J. M. Foster, who having been by me first respectfully duly sworn and examined, did and do depose and say on oath that they are each subscribing witnesses to the instument of writing now shown to them, and which purports to be the last Will and Testament of Ella M. Leland deceased, late an inhabitant of this County, that said Ella M. Leland, since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be her last will and testament, and that affiants set their signatures thereto on the day the same bears date as subscribing witnesses to the same in the presence of said Ella M. Leland.
    That said Ella M. Leland was of sound mind and disposing memory, and in the opinion of deponents fully capable of making her will at the time the same was so made as aforesaid.  Affiants further state that said Ella M. Leland was, on the day of said date of said will, of the full age of twenty - one years and upwards.
                                                                                                       W.B. Oliver
                                                                                                        J. M. Foster

Subscribed and Sworn to before me,
this 26 day of December 1912
                                                                            Wm W Brandon
                                                                                    Judge of Probate



From a copy provided to me by Mrs. Margaret Leland Duvic, obtained by her from the Courthouse in Tuscaloosa, AL.
#Additions and corrections made from handwritten copy received on May 1, 2000 at Tuscaloosa County Courthouse, by R.M.Leland III.
(Note:  J.M.Foster, Jr., the son of the witness was the 2nd husband of Julia Dubois Leland, daughter of Henry H. Leland & Julia Dubois.)