Will of Gary Jackson 1866 Marengo, Alabama

Date: [unknown] [unknown]
Location: Marengo, Alabama, United States
Surname/tag: Jackson, Small, Hatton, Autery, Proctor, White, Prichett

Last Will and Testament of Gary Jackson August 15, 1866
Will Book A, Page 96-98, Marengo County Courthouse, Linden, Alabama
(original transcriber unknown, 4/15/2002)

State of Ala, Marengo County
John J Finney

I Garry Jackson of the State and county aforesaid being of Sound Mind and in good health make this my last will and testament. First I give my soul to God who gave it. 2nd I give and bequeath unto my beloved wife Lucy Jackson during her natural life the use and benefit of a certain tract of land to wit E1/2 of SE1/4 Sect 29, also W1/2 of SW 1/4 Sect 30 T13, Range 4East, being the home place. I give her also all household and kitchen furniture, 1 horse or mule and plows and gear sufficient for said horse in making a crop, two Cows and calves, twenty head of hogs and 500 lbs port, 100 bushels corn. Also twenty five dollars pocket change. All of which she is to have during her natural life and not dispose of as all of said above named property at her death to be sold and the proceeds to be equally divided between my children. She is also to have the Gin & land and the use of Gin house on said tract of land above named to be for use and benefit of any of my children who wish to use it. As regards my real estate except what I have given to my wife, I wish it all sold in forty and eighty acre lots so that my children can purchase to suit themselves, excepting also the forty acres John C. Jackson lives on and the forty that my so Robert lives on. John C. is to pay two hundred and fifty Dollars for the forty he lives on and no interest is to be charged him for use of said place; also Robert to pay One hundred Dollars for the forty he is living on without interest. I also charge my daughter Elizabeth one hundred and fifty Dollars for a piece of land I gave her when she married, but she is to pay no interest on said amount. As regards my Grandchildren Frances Hatton, Garry Autry and Catherine I wish them all three to come in as one heir on my estate not each separately but all as one and should either one of them die the other two to share the interest - all of my personal property to be sold and proceeds to be equally divided between my children and three Grand children to be classed as one heir, also in distribution. I also give the heirs of Sterling Jackson five Dollars which is all I wish them to have of my estate - I will also that in the event that my children can divide my real estate satisfactory to themselves not to be sold & if they can not agree to be sold as above specified. I will that in the event that any of children should die without children having children what they get from my estate go back to their Brothers and sisters. I will also that Wm K (R?) Hatton have nothing to do and he be not allowed to give security for the Guardianship of what my granddaughter Frances Hatton may draw from my estate, also that John Watkins Autery be not allowed to have anything to do with the interest my grand children Gary Autry and Cathay may draw in Guardianship. Also that W G{?] Proctor have nothing to do with any interest my daughter Sarah Ann Mandy may have from my estate and in the event she should die without having a child or children, what she draws from my estate to be vest back to either children. I will also that John C. Jackson, Robt Jackson, George Jackson and Josephus Jackson be and are hereby appointed Executors of this my last will and Testament.
This 25th day of August 1866
Gary Jackson
His X Mark
Witnesses Saml J Threadgill
John J Finney
Andrew Jackson, Shields Jackson

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Codicil

In addition to the above my last will and testament I give unto my Grand daughter Francis Hatton one hundred and Fifty Dollars and a horse worth seventy five Dollars and my other Grand daughter one hundred and fifty and two cow and calves. I also will instead of my four sons being my Executors that only George M and Joseph act as Executors of this my last will and testament [this line is unreadable] above in peace & harmony I set my hand & seal to this my last will & testament on this 24th day March 1868.
Gary Jackson
X his mark

State of Alabama
Marengo County
Probate Court of Said County

In the matter of the codicil of the last will and testament of Garry Jackson deceased, Before me P. E. O'Connor Judge of the said Court personally appeared in open Court John J. Finney who having been by me first duly sworn and examined did and does depose and say on oath that Samuel J Threadgill who is a subscribing witness to the Codicil of the will of Garry Jackson deceased in his presence held the said will and codicil up that he Garry Jackson might see it and then and there asked him if that was his will and codicil he Garry Jackson said yes, that is my will and codicil and I want you to sign it. Which the said Threadgill did in my presence and in the presence of the said Garry Jackson.
John J. Finney
Sworn to and Subscribed before me this 13th day of September 1868
P. E. O'Conner
Judge pc