AAFA Wills
WILL OF LODWICK ALFORD
State of Georgia, Troup County
In the name of God Amen!! I Lodowick Alford of said State and County being
of advanced age but of sound mind and
disposing memory and knowing that in the ordinary course of nature I must shortly
depart this life deem it right and proper both
as respects my family and myself that I should make a disposition by Will of
the property with which a kind providence has
blessed me do therefore make this my last Will and Testament hereby revokeing
all others heretofore made by me.
1. Item I desire and direct that my body be buried in a decent and Christian
like manner suitable to my circumstances and condition in life. My soul
I hope shall return to God who gave it, and through the Spirit of our
blessed Lord and Saviour Jesus Christ forever enjoy that rest which
is made for the people of God.
2. Item I desire and direct that all my just debts be paid as soon after
my decease as the Laws of the State will permit and without delay as
I am unwilling that my Creditors should be delayed in their rights.
3. Item I give and bequeath unto my son William L. Alford the two following
named negroes to Wit Harry a man slave about thirty five years old and
Silva a girl slave about twenty years old together with their increase
to be used and held by him absolutely and unconditionally as his own
property, the same given to him by way of makeing him equal with the
advancements heretofore made to my other Children.
4. Item I give and bequeath unto my Son Whitman C. Alford the two following
named negro slaves to Wit, George a boy about eighteen years old and
Mary a girl about fifteen years old together with their increase to
be used and held by him absolutely and unconditionally as his own property
the same given to him for the purpose of makeing him equal with the
advancements heretofore made to my other Children.
5. Item It is my Will and desire that all the Residue and ballance of
my property both real and personal wherever and whatever it may be after
my just debts shall have been paid and the Legacies herein before specified
have been given off, shall be equally divided among the following named
of my children to Wit Julius C. Alford, the heirs of the body of Mary
Spencer Decd formerly Mary Alford, Rebecca Maul formerly Rebecca Alford,
Elizabeth Martin formerly Elizabeth Alford, Lodowick P. Alford, James
A. J. Alford, William L. Alford and Whitman C. Alford and upon the terms
and conditions, and with the qualifications I shall hereinafter specify
and direct To Wit.
6. Item I give and bequeath to my son Julius C. Alford his distributive
part of the residue & balance of my property refered to in the fifth
Item of this my last Will and Testament absolutely and unconditionally.
I also give and bequeath to my sons William L. Alford and Whitman C.
Alford their distributive parts of the balance of my property above
alluded to absolutely and unconditionally. The distributive share of
each of my said sons Julius C., William L. and Whitman C. Alford to
be used, held and owned by them in fee simple as their own property.
7. Item I give and bequeath unto my sons William L. Alford and Whitman
C. Alford as Trustees for Mary Spencer, formerly Mary Alford, Rebecca
Maul formerly Rebecca Alford, Elizabeth Martin formerly Elizabeth Alford,
Lodowick P. Alford and James A. J. Alford the distributive shares or
parts of the residue & balance of my property, alluded to in the
fifth Item of this my last will & Testament of the said Mary, Rebecca,
Elizabeth, Lodowick P. and James A. J. Alford to be held and owned by
them the said William L. and Whitman C. Alford for the Sole use benefit
and behoof of them the said Mary Spencer, Rebecca Maul, Elizabeth Martin,
Lodwick P. Alford and James A. J. Alford for and during their natural
lives of the said Cestui Que Trusts and after the death of either as
they shall respectively die the separate distributive part of each shall
be equally divided by the said Trustees among their Several separate
and respective children, my said Children Mary, Rebecca, Elizabeth,
Lodowick P. and James A. J. being each entitled to use and enjoy their
said Several & Separate distributive parts of my said property for
and during their natural lives and after their death to be disposed
of by said Trustees as above specified.
8. Item It is my Will and desire that my said sons Trustees as aforesaid
shall permit my said children, Mary, Rebecca, Elizabeth, Lodowick P.
and James A. J. to have and keep possession of and use and enjoy for
the benefit of each and their children the property I have given and
bequeathed to them as Trustees aforesaid, hereby constituting the said
Trustees the depository of the legal title to said property to preserve
it for the purposes aforesaid.
9. Item I furthermore desire and hereby authorize the said Trustees
by and with the consent of the said Mary, Rebecca, Elizabeth, Lodowick
P. and James A. J. Alford or either of them separately whenever they
said Trustees shall think it for the advantage & benefit of the
Cestui Que Trusts or either of them to sell exchange or otherwise dispose
of said Trust property to do so with the express understanding however
that they the said Trustees shall hold keep and own the property obtained
by Said Sale, exchange or other disposition in the same manner &
upon the same conditions as the Trust property herein given and bequeathed.
10. Item It is furthermore my Will and desire and I hereby direct that
the property given and bequeath by me in Trust for the benefit and use
of my daughter Elizabeth Martin for and during her natural life shall
in the event of her dying without any Children or any heirs of her body
revert back and become a part of my Estate to be distributed among my
other Children.
11. Item Thinking it probably necessary that I should mention my reasons
for not giving the Children of "Erasmus Alford" my deceased
son any thing by this my last Will & Testament, I here state the
same to be that I heretofore have given to the said Erasmus their father
a reasonable portion of my Estate and also because the said Children
are now much better provided for than I could do for them.
12. Item I hereby constitute and appoint Wm. L. Alford and Whit C. Alford
Executors of this my last Will and Testament as witness my hand and
seal.
L. Alford (Seal)
Signed, sealed, published & declared by Lodowick Alford as his last Will
and testament in the presence of us the Subscribers
who subscribed our names hereto in the presence of said Testator (at his special
instance and request) and of each other this
the 18th day of June 1853.
Interlined Sylva instead of Martha, and the heirs of the body before Mary Spencer
and Decd after.
Peter A. Heard
J. M. Harrington JP
State of Georgia Troup County
Court of Ordinary August Term 1857
Before me Thomas C. Evans Ordinary in and for Said County in open court personally
came William L. Alford and Whit C.
Alford Executors of Lodowick Alford late of said County & produced before
me the last Will and Testament of said Decd and
the witnesses to said Will to Wit Peter A. Heard and J. M. Harrington which
witnesses being duly sworn depose and say that
they saw Lodowick Alford the Testator sign seal declare
and publish the within instrument now presented as the last Will and Testament
of said Decd freely voluntary and of his own
accord and without any compulsion or influence whatever that at the time of
the execution of said Will said Testator was of
sound & disposing mind and memory that deponents signed Said Will as Witnesses
in the presence of the Testator and at his
special instance and request and in the presence of each other, Sworn to &
Subscribed before me this August 3 1857.
J. M. Harrington
Peter A. Heard
Thomas C. Evans Ordinary
Georgia Troup County
Court of Ordinary August Term 1857
The last Will and Testament of Lodowick Alford late of said County Decd having
been propounded in open Court for probate
by William L. Alford & Whit C. Alford his Executors which said Will &
Testament having been sufficiently proven to the
satisfaction of the court upon the oaths of Peter A. Heard & J. M. Harrington.
Subscribing witnesses to said Will. It is ordered
by the court that said Will & Testament be admitted to record, and it is
further ordered that Elias Davidson, Jesse Palmer,
William Hogg, William B. Johnson, & J. W. Harrington be appointed appraisers
to appraise the Estate of said Decd and that
said Executors make return of the Same to this Court within ninety days. Thomas
C. Evans Ordinary
Recorded 4th August 1857 Thomas C. Evans Ordinary
Will Book B, p. 138 - 140
In a follow on legal action on December 18 1857 twenty-six slaves were divided
into eight different lots which were drawn by
each of the heirs. The total value of the 26 slaves was $19,900.
This Will has been transcribed verbatim. Some punctuation was added for easier
reading.
