Date: 3 Oct 1879 [unknown]
Location: Chambers, Alabama, United States
Surname/tag: Bailey

Contents 1 Jacob Bailey Will 1.1 First 1.2 Second 1.3 Thirdly 1.4 Fourthly 1.5 Fifthly 1.6 Sixthly 1.7 Seventhly 1.8 Lastly

Jacob Bailey Will

Jacob Bailey Will, Page 1

The State of Alabama Chambers County.

I, Jacob Bailey of this county and state above written being in very infirm health and sensible of my liability to sudden death and at the same time being in my own apprehensions of sound mind do judge it best to make and do accordingly hereby make this my last will and testament. It is my will that all my just debts and the charges of my burial be paid and discharged by executor hereinafter to be appointed and named out of the money of my estate as soon as convienient to do so after my death.

I give devise and dispose of all my estate real and personal in the following manner.

First

I give to my beloved wife all of my household and kitchen furniture and all the stock of cattle & hogs and the mare that I now have or may have at the time my death and also I give to my wife the quarter section of land on which my houses are situated and also Eighty acres of lands adjoining the quarter section on which my houses are situated. Said lands are in section 22 Township 24 range 25 in Chambers County Ala.

Second

I give to Isaiah Bailey a son of Samuel and Caroline Bailey who were servants of mine in the days of slavery the fractional 80 acres of lands on which Samuel & Caroline Bailey now lives lying between the road leading from my residence to John G Leverett's said lands commense at the half mile stake and run due south toJohn G Leverett's and again from the same half mile stake to the river said half mile stake which is west of said stake and from said half mile stake back to the road. The conditions

Jacob Bailey Will, Pages 2 & 3

of this clause of my will is such that the above named Isaiah, Samuel & Caroline Bailey are to render such assistance and obedience to myself and my wife as long as we shall live as they have and the said Isaiah Bailey is to take care of Samuel and Caroline Bailey during their lives & if he Isaiah does comply with this my will at their death the lands herein bequested shall be his.

Thirdly

To Collins Bailey I give the south half of the north east quarter section 22 township 24 range 25 provided he Collins Bailey a former slave of mine renders just obedience and assistance to myself and my wife so long as we both shall live as he and his family have done heretofore.

Fourthly

To Seaborn Bailey and Harriet Bailey I give the North half of the South East quarter and North East fourth of the South West quarter & West part out to the road of the South West quarter & East part out to the road of the North West quarter and a part of the South West quarter East of the road and all of the South East fourth of the South quarter except three acres off of the East and of said forty which goes clear across said forty. All of this land is in Section 22 township 24 range 25. Dick Bailey is living on a part of the above described lands and is to live on said lands his lifetime and have what he can make himself. But the lands are to go to Seaborn and Harriet Bailey at my death and that of my wife by the said Seaborn & Harriet and their families rendering just obedience & assistance to myself and my wife as long as we shall live.

Fifthly

I give to Benjamin Staples the South half of the south east quarter and three acres off of the south east quarter of the south west quarter of section 22 township 24 range 25 the conditions of this clause of my will is such that if the above named Benjamin Staples and family render such obedience and assistance to my and my wife during our lifetime as they have heretofore done at our death the above described lands are theirs.

Sixthly

I give to James H. Bailey of Chesterfield County, Virginia the lands and mills that I bought of William E Gilbert which lies on the Tallapoosa River in Chambers county and State of Alabama.

Seventhly

I justly empower Wilson L. Hiflin my executor hereafter to be appointed to attend to any matter or matters pertaining to the selling of any property I may have that i hae not otherwise disposed of by bequest and it is my will that those colored men-- Collins Bailey, Seaborn Bailey & Isaiah Bailey & Dick Bailey & Ben Staples to whom I have given lands are to pay the third and fourth of said lands as rents until the death of myself and my wife and furthermore I wish my executor hereafter to be appointed to wit Wilson L. Hilflin to attend to all matters of interest pertaining to the welfare and wellbeing of my beloved wife in every particular in the way of her being well taken care of and her every interests being protected and it is my will that my executor Wilson L Hiflin is to be the executor upon the estate of my wife and to attend to all matters in winding up her estate as follows as in my own in the event she should live longer than I do and the said W. L. Hiflin is to retain all money that may be on hand at my death or that may arise from rent of lands or from the sale of any property free of interest for the use of my wife.

Lastly

I nominate and appoint Wilson L. Hiflin, of Louina Randolph County Alabama executor of this my last will and testament and I revoke all former wills void made by me and I declare this my last will and testament. In witness whereof I have hereunto set my hands and seal this the 3 day of October 1878.

Jacob Bailey (seal)

Signed sealed published and declared by Jacob Bailey the testator above named for this last will and testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto set our names as witnesses. Oct 3 1879

O. J. Richards (seal)

M. V. B Corley (seal)

Henry Bowling (seal)

Proof

State of Alabama Chambers County Probate Court of said county.

In the matter of this probate of the last will

Jacob Bailey Will, Page 4

and testament of Jacob Bailey, deceased. Before Mr Peter M Rowland Judge of the said court, personally appeared in open court, Thomas J. Richards, Henry Bowling, and M. V. B Corley who having been by me, first respectively duely sworn and examined, did & do depose and say, on oath, that they are each subscribing witnesses as to this instrument of writing, now shown to them, and which purports to be the last will and testaent ofJacob Bailey, deceased, late and inhabitant of this county: that said Bailey, since deceased signed and executed said intrument on the day the same being date, and declared the same to be his last will and testament, and that officants set their signature thereto, on this day the same being date, as subscribing witness to the same, in the presence of said testator: This said testator was of sound mind, and disposing memory, and, in opinion of desponists, fully capeable of making his will at the time the same was so made as aforesaid. Affiants further state that said testator was, on the day of the said date of said will, of the full age of twenty one years and upwards.

Sworn to & subscribed before me this 4 day of Aug 1879. Peter M. Rowland Judge of Probate.

M. V. B. Corley

O. J. Richards

Henry Bowling

State of Alabama, Chambers County

I Peter M Rowland, Judge of this probate Couth, in and for said county do hereby certify certify that the within intrument of writing was on the 4 day of August 1879 in said courth, and before me as the Judge thereof, duely proven, by the proper testimony, to be the genuine last will and testament of Jacob Bailey, deceased; & that said will together with said proof thereof has been recorded in my office in Book No 3 of Wills pages 474, 45, 76, & 77. Given under my hand this August 29, 1879

Peter M Rowland

Judge of Probate