Will of Walter Denny, Jr.

Date: [unknown] [unknown]
Location: [unknown]

This is the transcription of the original Will of Walter Denny, Jr of Jackson County, Mississippi. The Will was written on 6 May 1889. It was proved in court on 14 April 1892. Filed for record on 10 August 1892 and recorded 7 September 1892.^[1]

The image quality was fair and the handwriting very legible. Spelling, punctuation and line breaks are as per the original document. Crossings through have been included struck out Paragraph breaks at change of bequest, and bold text are my own for ease of reading. Copy of will cuts off on the left and right edges. When possible, I included the completion of the word cut-off in [square brackets]. If you see just the square brackets with a space, there is a word or words missing.

Persons mentioned:

• Walter Denny, Testator
• Mary E. Denny, Testator's wife
• A.S. Denny, owned land bordering Testator's to East
• A.P. Denny, owned land bordering Testator's to East
• Joseph Beardslee, owned land bordering Testator's to Wouth
• Samuel D. Denny, Testator's son, Executor
• Walter M. Denny, Testator's second son
• Alexander S. Denny, Testator's son
• Albert P. Denny, Testator's son
• Emma Denny, Testator's daughter
• Horace K. Denny, Testator's son
• Alexander M. Denny, Testator's son
• Mary Denny, Testator's daughter
• Ethel Bloomfield, Testator's granddaughter, daughter of Irene
• Irene Bloomfield, Testator's granddaughter, daughter of Irene
• Irene, Testator's deceased daughter
• Horace Bloomfield, witness
• Frank H. Lewis, witness
• A. E. Krebs, Justice of the Peace

---

Last Will and Testament of Walter Denny

The State of Mississippi
Jackson County

In the name of God Amen;
I, Walter Denny, a resident and citizen of Moss Point,
in the County and State aforesaid being of sound mind
and disposing memory do make declare and publish this
to be my last Will and Testament, in the manner and
form following, to wit:

First, It is my will and I do hereby order and direct
that all my just debts and funeral expenses shall first
be paid, and at as early a day as possible or practicable
after my death; and for that purpose I authorize and
empower my Executor, hereinafter named, and appointed,
to collect all debts due and owing me at the time of my
death, and out of the proceeds thereof, to pay said debts and
funeral expenses.

Second, I give and bequeath to my wife, Mary E. Denny,
absolutely, the homestead property upon which I now reside
and more particularly described as follows, to wit:
Bounded on the East by land owned by A.S. and A.P.
Denny, on the South by land belonging to the estate of
Joseph Beardslee and on the West and North by Cumbert
Lake, and being in Section 23, Township 7 South Range
6 West in Jackson County, State of Mississippi. Together
with all the buildings, improvements, household furniture,
cattle, hogs, horses and buggies thereunto belonging or apper
taining, and that may be on said homestead property
and of which I may be the sole possessor at the time of my
death. It being my intention and desire and I do hereby
order and direct that nothing more from my estate than the
homestead property as aforesaid shall be given to or become
the property of my said wife, Mary E. Denny, but that she
shall have said homestead property and personal property
thereon and herein before mentioned as her full shar[e] and
portion from all the estate of which I may die seized or
possessed, either real or personal.

Third, I give and bequeath all the remainder of my
property of every nature and kind whatsoever and whereso-
ever situated of which I may die seized or possessed to
my children, viz: Samuel D. Denny, Walter M. Denny,
Alexander S. Denny, Albert P. Denny, Emma Denny
Horace K. Denny, Mary Denny, and Alexander M. Denny
and I further desire, direct and order that my two grand-
children, Ethel Bloomfield and Irene Bloomfield, chil-
dren of my deceased daughter Irene, receive jointly a

<page 2>

portion equal to that of anyone of my children afore
said property to be divided, partitioned, apportioned
converted into money, as may be deemed most practic[al]
expedient and direct by my said Executor, and
to my said children, share and share alike, except
my said grandchildren shall together or jointly be
a portion equal only to that of one of my sons or daug[ters]
or the amount their mother would have received sh[ould]
she have survived me

Fourth, I do hereby name, constitute and appoint
my son Samuel D. Denny, Executor of this my
Will and Testament, said Executor to act without
bond, and he is hereby given full power and author[ity]
manage, govern, control, sell, transfer, convey and [dis]
pose of any and all property of which I may die [se]
or possessed (except the homestead property herein
mentioned, described and bequeathed to my wife) and
coming into his hands or possession as such Exec[utor]
I further direct and order that my said Executor
make all convenient speed and diligence in ma[]
a partition or division of my said estate, or the prop[erty]
thereof amoung my said heirs, hereby giving him
power and authority to act in the matter of the
disposition of said property as his discretion may
and as he may deem most advantageous for said []
It is my intention and desire and I so direct that my
Executor have full power and authority to sell for cash
credit as may to seem best , any and all property
into his possession as such Executor for the purpose of [dis]
tribution as hereinbefore directed And when all of the
estate shall have been sold or prepared for distribution
my said heirs, my said Executor shall at once give
of said distributees his or her portion or share thereby
herein before directed. Should any one of my said heirs
minors at the time of my death or at the date of [distri]
bution as aforesaid, then and in that event said [ ]
shall hold the portion of such minor or minors in [ ]
for them until they will have reached the age of [ ]
or until a guardian of the property of each minor [ ]
or minors shall have been appointed by the lawful auth[ ]
and such guardian legally qualified.

My said Executor is hereby authorized and directed [ ]
propriate from my said estate the sum of fifty ($[ ]
dollars per month for the maintenance and supply
of my wife and minor children from the date of [ ]
death to the date when he shall have said estate

<page 3>

readiness for partition or distribution as aforesaid, when such
payment of $50.00 for month shall cease.

I further direct that no continuation be allowed my said
Executor, but that all the expenses which he may incur in the
execution of his said trust shall be paid out of my said
estate but on distribution thereof is made. I further direct
that my said Executor be not required to report to or account
with any Court for the management, sale or disposition of
any property coming into his hands or possessing as such
Executor. Should my said son, Samuel D. Denny fail
from any cause to assume the duties and obligations herein
inforced upon him as Executor of this my last Will and
Testament, when the same shall become requisite or ne-
cessary, then and in such event, I hereby nominate, ap-
point and constitute Walter M. Denny my second son
Executor hereof with the same powers and authority and
under the same terms and conditions as herein
granted and given to said S.D. Denny, Executor.
I hereby revoke all other and former Wills made and
executed by me.

In testimony whereof I hereunto subscribe
my name this 6^th day of May, A. D. 1889
Walter Denny

Signed, sealed, declared, published and acknowledged
by the aforenamed testator as and for his last Will
and Testament in our presence and we, each, at his
request, and in his presence and in the presence of
each other subscribe our names as witnesses here to
on this 6^th day of May, A. D. 1889

Horace Bloomfield
Frank H. Lewis

The State of Mississippi
Jackson County

Before me, A. E. Krebs, a Justice
of the Peace in and for said County and State person-
ally appeared Horace Bloomfield and F. H. Lewis
to me personally known who each being first sworn
on oath say The said Horace Bloomfield says that
he was personally acquainted with Walter Denny whose
name is signed to the annexed will and who declared
in my presence and in the presence of F. H. Lewis the
other subscribing witness to said Will, that he signed
and published the annexed will as his last Will and
Testament, and did sign said Will in my presence and
in the presence of F. H. Lewis, the other subscribing witness

<page 4>

to said Will, that said testator at the time of sign[ing]
said Will was of a sound and disposing mind.
Affiant further states that at the request of said W[illiam]
Denny, Testator of said Will that this affiant and ^the
Lewis signed said will as subscribing witnesses [ ]
and signed said Will in the presence of said test[ator]
and in the presence of said F. H. Lewis, the other
subscribing witness.

Horace Bloomfield
Sworn to and subscribed before me, this the 14^th
day of April A. D. 1892.
A E. Krebs
Justice of the Pea[ce]

The said F. H. Lewis says that he was person[ally]
acquainted with Walter Denny whose name is [ ]
to the annexed Will and who declared in my presence [ ]
and in the presence of Horace Bloomfield the other [ ]
scribing witness to said Will, that he signed and [ ]
lished the annexed Will as his last will and [ ]
ment and that said testator did sign said wi[ll]
my presence and in the presence of Horace Bloom[ ]
the other subscribing witness to said Will. That
testator at the time of signing said Will was of
sound and disposing mind. That this affiant [ ]
the said Horace Bloomfield, the other subscribing [ ]
ness to said Will at the request of said testator
signed said Will as subscribing witnesses there [ ]
in the presence of the said testator and in the pre[ ]
of Horace Bloomfield the other subscribing witness.

F. H. Lewis
Sworn to and subscribed before me this 14^th [ ]
of April A. D. 1892
A E. Krebs
Justice of the Peace

Filed for record August 10^th 1892 and recorded
September 7^th 1892
W M Denny

Sources

1. ↑ "Mississippi Probate Records, 1781-1930," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-89Q8-G3ZH?cc=2036959&wc=M7MF-KNL%3A344534101%2C344547601 : 21 May 2014), Jackson > Wills 1876-1925 vol 1-2 > image 59-61 of 364; county courthouses and public libraries, Mississippi.

Acknowledgement

Thank you to Susan McNamee for transcribing this will.