I, Richard C. McLester being of sound mind and
disposing memory and knowing the uncertainty of life, do make and disclose
this as my last will and testament having made no former wills, as sit
forth in the following items (towit)
Item First
I will that my mercantile business in North Point
under the firm name of McLester & Hays continue
to be managed by my Copartner Thomas N. Hays,
untill all the debts of said firm are paid, including
thirty five thousand dollars with interest thereon
at six per cent to my brother James A. McLester
for balance due him for his interest in the firms
of R & J McLester and McLester Hays & Co
as his
articles of disolution dated September 1st 1879,
which has been recorded in the Probate Court of
Tuscaloosa County. When all the debts of McLester
& Hays shall have been paid or taken up and
cancelled by Thos N. Hays and all liability caused
by the loaning of R & J McLester's notes to
Charles Hopkins & Co shall have been discharged,
then my will is that my interest in the firm of McLester
& Hays be transferd to said Thomas N. Hays in
accordance with our Articles of Agreement dated
September 1st 1879.
Item Second When the debts of Hopkins
McLester & Co of Mobile
are paid including two notes for five thousand dollars
each given to extend two notes for same amount loaned
Charles Hopkins & Co before the death of the late
Charles Hopkins died, then the assets of the firm of
Hopkins McLester & Co including lands in Texas
belongs to George L. Hopkins as soon as the debts of
the firm are paid or cancelled by said George L. Hopkins
as per* Articles of agreement.
Item Third
My will is that executors herein after named shall pay
to my beloved wife Mary T. McLester one thousand
dollars per annum to be paid quarterly from the time
of my death until the year eighteen hundred and ninety,
if she shouldlive that long. The paid up policy of the
Mobile Life Insurance Company of Mobile for fifteen
hundred dollars is the property of my wife and does not
belong to my estate.
Item Fourth My will is
that my executors pay to each of my three
daughters, M. Ella Leland, Jodie M. Kennedy and Carrie
T. Snow two hundred and fifty dollars per annum from
the time of my death untill the year eighteen hundred
and ninety for their own use and benefit.
Item Fifth
My son James Henry McLester has heretofore
received from me as a gift five thousand dollars
of the Stock of the National Commercial Bank of
Mobile Ala and owns that stock now. Owing to his
disapated habits I do not give him any more of my
estate believing that it would do him no good and be
unjust to my other children.
Item Sixth
My will is that as soon after my death as possible all
the undisclosed* debts I may owe be paid (if any) and
that my funeral expenses including buying lot and
monuments be paid, all of which will be directed by
my three daughters Mrs. Leland, Mrs. Kennedy &
Mrs. Snow.
Item Seventh My will is that if my wife Mary T.
McLester is living
the first of January Eighteen hundred and ninety that
my executors shall cease paying her the one thousand
dollars per annum and invest for her ten thousand
dollars in the best security they can get the proffits
or income from said investment to be hers during her
life and she may by will or otherwise dispose of said
ten thousand dollars at her death, and the balance of
my estate of all Kinds of property, money rights and
credits shall be equally divided between my three
daughters M. Ella Leland, Jodie M. Kennedy and
Carrie T. Snow
Item Eighth My will is that all
I have heretofore given my children
or may give them before my death shall be considered
actual gifts and not advancements and I earnestly
charge that all concerned not to take into account
whether my gifts to my children have been equal or not
at or before my death, let all my gifts stand as I have
made them.
Item Ninth Most of my estate
will consist of merchandise and
accounts and notes for which ********.anddisclosed
& other property have been sold My will is that my
executors hereinafter named shall have power sell the
merchandise at private or public sale and that they shall
have power to extend or coupon*. Misc Settle or
compound any debts either notes or accounts which may
be due my estate and where land has been sold as payment
of the notes, they are empowered to make titles to the
purchassor and take up my bonds and all other acts and
things which may be for the interest of my estate
Iten Tenth My will is that
as fast as money is collected over enough
to pay the bequests in the foregoing Items, that my
executors invest any surplus on hand from time to time in
the best securities they can get, untill the year eighteen
hundred and ninety when the estate will be divided as
provided for in the seventh.
Item Eleventh My will is that my Executors may employ at reasonable
Salary such assistants as they may need in the settling
up my estate for which the estate will be chargable
giving preference to one or more of themselves if they
wish employment.
Item Twelfth I hereby appoint E.N.C. Snow
W. A. Leland and Jno. R.
Kennedy my Executors without bond or any two of them
may qualify and enter upon the duties of the business
immediately after my death, and I invoke a harmonious
administration* of my affairs. Should only two of my
Executors qualify any difference or disagreement about
any matters of business connected with my estate shall
be referred to my copartner in North Port Thomas N. Hays
whose decission in all cases of such disagreement of my
Executors shall be carried out. As witness my hand and
seal this 20th twentieth day of May A. D. 1880 and
declared by me to be my last Will and Testament in the
presence of the undersigned witnesses who have witnessed
the same at my request and in the presence of each other.
Richard C. McLester (Seal)
Witnessed by us at the request
of Richard C. McLester who signed
the foregoing paper pages from
one to five inclusive in our
presence as his Will and
Testament and we witness the
same in presence of each other.
Hugh Kirkman
J. T. Searcy
J. M. Van Hoose
The State of Alabama
I, V. H. Browne, Judge
Tuscaloosa County
of Probate in and
for said County and State hereby certify that the foregoing will
of Richard C. McLester dec'd, has been this day duly ******
in open Court and duly recorded in Will Book No 4-pages 139-140-141&142,
with the proof.
Given under my hand and seal this the 29th day of January, 1881.
V.H. Browne,
Judge of Probate
The State of Alabama
Probate Court
Tuskaloosa County
January 25, 1881
In matter* of the probate of the Will of Richard C. McLester,
dec'd.
Personally come into open Court before me V. H. Browne, Judge of
the Probate Court of said County and State Dr. Joiner* T. Searcy
Hugh Kirkman and J. M. Van Hoose whose names appear as subscribing witnesses
to the paper purporting to be the last Will and Testament of Richard C.
McLester dec'd filed in said court, and propounded therein for
probate. And said subscribing witnesses after being duly sworn depose
and each of them soundly deposes that he is the person whose name appears
as one of the subscribing witnesses to said writing purporting to be the
last Will and Testament of said Richard C. McLester dec'd.
That on the 20th day of May A. D. 1880, they and each of them witnessed
the execution of said writing by said Richard C. McLester in
said County and State and that the said Richard C. McLester,
on said date, was of sound mind and disposing memory; and that he declared,
in their presence and in the presence of each other, that he published
said writing for his last Will and Testament. That they and each
of them saw him sign said writing, and each of them witnessed said writing
by signing his name, as a subscribing witness thereto, as appears in said
writing; and that it was done in the presence of each and all of said subscribing
witnesses. And they further depose that said Richard C. McLester
departed this life on the 3rd day of January A. D. 1881,
and that he was over twenty one years old at the making of said will
Sworn to & subscribed
J. M. Van Hoose
before me this the
J. T. Searcy
25th day of Jan. 1881
Hugh Kirkman
V.H. Browne
Judge of Probate
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