The Will of Allen Spurlock, 1841 MS

This will is of value for several reasons.  The dates & locations are important. Allen wrote this in 1841 & it was probated in 1864, both in Amite Co., MS. His wife's name, the names of children and a grandson are mentioned. 

This is a "new" branch for me to research. If there are errors, please contact me.

Allen Spurlock

August 1775 NC - August 1864 MS

Father of Mary Polly (Spurlock) Brown 

Grandfather of Allen Moses Brown

My 4th Great Grandfather

The last Will and Testament of 

Allen Spurlock deceased; 

The State of Mississippi, Amite County

 In the name of God Amen. I Allen Spurlock of the County and state above. Written being in good health of body and of sound mind and disposing mind and memory and being desirous to settle my worldly affairs which I have and capacity so to do, do make and publish this my last will and testament in manner following:

 

·      I will that all my just debts be first paid.

·      I will and bequeath unto my beloved wife Frances Spurlock the following described property Ten Head of Cattle, Ten Head of Sheep, Ten Head of Hogs, one Horse and one mule all of which are to be seleccted by herself one wagon and three yoke of Oxen, all of my Household and Kitchen furniture together with Mary a negroe woman and her child, Sam a negroe man, Jim a boy aged about seventeen years and Milley a girl about -?- years old to have, enjoy and hold the above mentioned property for and during her natural life after which I will that the same together with the increase there of be shared and divided equally amony my Respective children and grandchildren in the following manner Viz, my son Thomas J., William, Allen, and James M. Spurlock to have each a child’s part also my daughter Mary Brown to have a child’s part, my grand children of John Spurlock to have divided equally among them equally a child’s part and my grandson Benjamin F. Guamer to share and receive but half the interest in and to the above mentioned property to which his deceased mother Elizabeth Garner would have been entitled.

·      I further will and bequeath unto my beloved wife Frances the following landed property together with all the tenements improvements and buildings thereon for and during her natural life. -?- The South East quarter of Section Thirteen in Township Three of Range Five East containing one Hundred and Sixty four acres and eighty hundredths of an acre. The South west quarter of Section thirteen of Township three in Range five East of the basic Meridian line, and the South West quarter of Section thirteen of Towsnhip three in Range Five east of the basic Meridian of the ands described to be sold at Washington, -?- and at the death of my said wife. I then will that the above described lands together with all improvements and buildings thereon are bequeathed to my wife go to and belong to my three Sons, Allen, Thomas J., and James M. Spurlock to be divided by themselves or disposed of in such manner as they may think proper and best.

·      I further will that on division of my negroe property or procedes coming from the sale thereof three Hundred dollars to be discounted from the interest thereon to each of my three sons, Thomas J., Allen and James M. Spurlock because of the above gift of Lands which I have estimated at nine hundred dollars.

·      I will that my tract of Land commonly known and called the “Brown Tract” together with my farming utensils of every dewscription and such stock as are not herein mentioned and such as I may hereafter accumulate disposed of at public sale by my Executors.

·      I will that in case my grandson, Benjamin F. Garner should die not having attained the age of majority that then the interest and property have in before specified as bequeathed unto him be and revert back unto my Estate to be equally divided among heirs thereof.

·      The property herein specified as bequeathed unto my beloved daughter Mary Brown and all such property as she may inherit frommy Estate I will and desire shall go and belong to her and the heirs of her body exclusively. 

·      Whereas already made advances to my son Thomas J. Spurlock amounting to twelve hundred and twenty dollars. Therefore it is my will that on final division of the proceeds of my Estate, Three Hundred and seventy eight dollars and fifty eight cents be deducted from the amoung of his interest thereto because of this advance.

·      Whereas having made advances to my son Allen Spurlock amounting to twelve Hundred and eighty dollars. Therefore it is my will that on a final division of my Estate four Hundred and thirty eight dollars and fifty eight cents be deducted from the same out of his interest thereto beccause of this advance.

·      Hereas having made advances to my daughter Mary Brown amounting to Eleven Hundred dollars therefore it is my will that two Hundred and fifty eight dollars and fifty eight cents be deducted from the interest in my Estate on a final division thereof because of the advance.

·      Whereas having advanced to my son, John Spurlock four Hundred and forty dollars. Therefore to make his children equal it is my will that on final division of my Estate they have allotted to them by my Executors the sum of four Hundred and ond dollars and forty two cents over and above what would have been their share independent of this advance.

·      Whereas having advanced to my son William M. Spurlock on interest of nine Hundred dollars. Therefore it is my will that on final division of my Estate fifty eight dollars and fifty eight cents be discounted and held back from his interest there in because of his advance. 

·      Whereas having advanced to my deceased son Josiah Spurlock only five Hundred and fifty dollars in his lifetime, Therefore it is my will in order to make his children Equal, that my Executors have set aside two Hundred and ninety one dollars and forty two cents over and above what would have been their interest independent of this advance and to be equally divided amongst them.

·      Whereas having advanced to my son James M. Spurlock but four Hundred dollars. Therefore it is my will on a final division of my Estate that he have set aside to him four Hundred and forty one dollars and forty two cents in order to bring them up equal.

·      It is my will and attention that my grand son Benjamin F. Garner shall not have or inherit any thing more from my Estate than the interest to him mentioned in the second item.

·      It is my will that the balance of my negroe property and such other effects as may have not herein be mentioned I desire to be divided sold or disposed of by my Executors as circumstances may suggest according to the provisions of my will.

·      I do hereby Constitute and appoint my three sons Thomas J. Spurlock, Allen and James M. Spurlock as my lawful executors to carry out and execute this my last will and testament.

·      I do further will and bequeath unto my beloved son James M. Spurlock my tract of Land on the East side of the Amite River commonly known as the “Keith Place” (th enumber of which I have not now with me) containing one quarter Section and an eighth for which I charge him four Hundred and eighty dollars to be deducted out of his interest in and to my Estate upon final settlement and division of the same after my death.

·      It is my will and intention that my Estate be divided Equally among my -?- living children (including the advances already made and spoken of and that interest yet due them) and that my grandchildren herein before mentioned (except Banjamin F. Garner) have divided equally among them among them that portion and interest in and to my Estate to which this deceased parents would have been entitled.

In testimony whereof I have hereunto set my hand and seal this 17^th day of November in the year of tour Lord 1841.                                                                                                Allen Spurlock (seal)

 Signed Sealed published and declared by the testators as said for his last will and ttestament in the presence of us who at his request in the presence and in the presence of each other have subscribed our names as witnessed therto. E. M. Davis, E. L. Bramble, Clinton McGehee, F. C. Talbert  The State of Mississippi, Amite County

 

In the probate Court of said County at the August Term 1864. In the matter of a certain writing proporting to be the last will and testament of Allen Spurlock deceased. Be it remembered that at a term of the Probate Court of the County of Amite in the state aforesaid began and held at the Court House of said county on the Second Monday in August 1864 Personally appeared in open Court E. M. Davis one of the subscribing intreps to a certain instrument of writing proporting to be the last will and testament of Allen Spurlock late of said county deceased who first being duly sworn deposed and said that the said Allen Spurlock Signed published and dictated said instrument as his last will and testament on the 17^th day of November 1841 the day of the date of said Insttrument in the presence of this deportment E. L. Brumble, Clinton McGehee and F. C. Talbot the other subscribing witness to said instrument. That said Testator was then of sound and disposing mind memory and the said E. L. Bramble, Clinton McGegee and F C. Talbert subscribed and attested said instrument as intrepes hereto the signature and publication thereof at the special instance and request in the presence of said Testator and in the precence of each other on the day and year of the date thereof and this -?- further says that the said Clinton McGehee and F. C .Talbot and declared as he is informed and believes. 

 

Sworn and subscribed before me on this day the 8^th day Aug AD 1864. A. J. Whittington, Clerk; E. M. Davis

 

Source: US Wills and Probate Records, 1780 – 1982; MS, Amite; digital image, Ancestry (ancestry.com: accessed Oct. 2021) Allen Spurlock.