Will of John Linder Sr. of Tensaw Settlement
Mississippi Territory Washington County
In the Name of God Amen.
I John Linder Senior being in an affected State of body tho of perfect State of mind and sound memory, do declare this to be my last Will and Testament.
In the first place it is my will that all my just debts be paid. Secondly I do for reasons too tedious at this late period to mention bequeath unto Mary Mills formerly Mary Linder all my personal property of every kind, towit. all my negro, stock, Household and kitchen furniture and in short everything that can come under the appelation of moveable property to have and to hold free from all other claims during her natural life provided that my brand and earmark be kept up in the stock that I now bequeath unto her, thirdly it is my will that after the decease of the said Mary Mills, all my personal property above mentioned, be equally divided between John Linder Junior, Elizabeth Johnston formerly Elizabeth Linder, Sarah Linder and John Mills excepting that the aforesaid Elizabeth be excluded from have any division of the stock above said or any equivalent thereof. She having already a sufficient quantity of Cattle of every kind. Fourthly it is my Will that a certain negro woman and two children which I gave to the aforesaid Elizabeth on her marriage with Daniel Johnston together with their increase be included in her part of the division which she is to have of my personal property viz. that they shall be thrown into pot with the rest, towit she shall have them as a part of her Share when the property shall be divided after the decease of the said Mary Mills. Fifthly I bequeath to John Linder Junior all my lands and tenements and properties that I have not previous to this time disposed of to have and to hold to his only use benefit and behoof, and also all my papers and books of every kind viz, bonds Notes Grants Deeds Mortgages and every other paper that is evidence of Debt to entitle in me. Sixthly it is my will in order to prevent Lawsuits arising amongst the legatees that each one of them when the aforementioned property is to be divided shall chose one decent man to divide the property aforesaid agreeable to the true meaning and intent of this my will, and that all and each off the Legatees aforesaid shall stand to and abide by the decrees of a majority of such persons so chosen provided that if they should be equally divided upon any subject they may themselves chose one of the disinterested person in order that then there may be a Majority. Seventhly, it is further my will that John Mills and Mary Mills do on my account make a present to Sarah Killingsworth at their discretion. And lastly I do hereby Constitute and appoint John Mills Mary Mills and Joseph Thompson Esquire Executor and Executrix of this my last Will and Testament provided that if said Thompson should move out of this county he may if he thinks proper appoint another person of discretion to act in his stead. I Testimony whereof I have hereunto being in my proper I may after having heard the same read over subscribes this the eleventh day of March in the year of our Lord 1802.
In presence of
Test
Lemuel Henry (signed) John Linder Senior (seal)
James Brady
Sarah (her mark) Killingsworth
Proven in open court May Term 1802 by Lemuel Henry and James Brady two of the subscribing testimony.
Test. R Lee Clk.
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