Will of Samuel David Crum, Lowndes Alabama http://files.usgwarchives.org/al/lowndes/wills/willbockc/sdcrum.txt ================================================================================ USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Carolyn Golowka ================================================================================ August 2001 Will of Samuel David Crum Lowndes County, Alabama Will Book C, pages 210 - 214 The State of Alabama ) In the name of God, Amen! Lowndes County ) I, Samuel David Crum, of the County and State aforesaid, being of sound mind and body, and being desirous of settling my worldly affairs while I have strength and capacity to do so do make and publish this my last will and testament. First: I give and bequeath to my daughter, Josephine R. Smart, one hundred dollars to be paid to her in eighteen months after my decease. This I consider to be a fair and just provision for her out of my estate in view of the fact that I have already made advances to her as follows, to wit: I gave her a tract of land known as the "Crumpton Place," also one bedstead and furniture. Second: Whereas I gave to my oldest son, Benjamin D. Crum seven hundred and fifty dollars in money, which was paid to him in hand, and also gave him one bedstead and furniture, I consider he has received a fair and distributive share of my Estate already received; but for good and sufficient reasons, I bequeath to his heirs my said son Benjamin indebtedness to me, being to the amount of Two hundred and seventy and 96/100 dollars as shown by his not of January 10th, 1881. Third: I give and bequeath to my two grandchildren, Mary S. Dudley and Dan S. Crum, fifty dollars each to be paid in eighteen months after my death. Fourth: Whereas, I have already given to my daughter, Ada M. Lee, a tract of land known as the "Oliver Place," and have executed a deed to her for same, and have also given her one house, one cow and calf, and one bedstead and furniture, I consider that she has received a fair distributive share of my Estate. I therefore bequeath to her my blessings. Fifth: Whereas, I have already given to my daughter Sue Anna Lanford, a tract of land known as the "Oliver Place" and have executed a deed for her for same and have also give her one mule, one cow and calf, and bedstead and furniture, I consider that she has received a fair distributive share of my Estate. I therefore bequeath to her my blessings. Sixth: Whereas, I have given to my son, David F. Crum, a tract of land known as the "Crumpton Place," and have executed to him a deed for the same, I consider that he has received a fair distributive share of my Estate. I therefore bequeath him my blessings. Seventh: Whereas, I have given to my son, Abe S. Crum, a tract of land known as the "Dunklin Place," and have executed to him a deed for same, also a charge of three hundred dollars and have taken his notes for said charge of three hundred dollars, and also have given him one mare, one cow and calf and one bedstead and furniture, I consider that he has received a just and fair distributive share of my Estate. I therefore bequeath to him my blessings. Eighth: I give and bequeath to my wife, Evan E. Crum, for the term of her natural life all of the following land, to wit: The southeast quarter of Section Nineteen, less the following lots and parcels which have been sold off to wit: D. F. Crum, lot of four acres, J. D. Moorer, lot of thirteen acres, P. A. Lanford storehouse and lot of one acre, the Baptist church lot of three acres, Mrs. M. J. Bozeman's lot of five acres; and I also do give her the West half of the southwest quarter of Section twenty, the north half of Northwest quarter of Section twenty one, and the North half of the Northeast quarter of Section twenty, and a out twenty acres lying in the Northeast quarter of Section nineteen, being that part of said quarter section lying west of the public road leading from Farmerville to Selma, except the Methodist Church Lot of four acres. All of the above described lands being in township Thirteen, Range Twelve in Lowndes County, Alabama and containing in all about three hundred ninety four acres. Ninth: I bequeath the entire residue of my Estate to my wife, Eran E. Crum, as Trustee to be managed by her and by her applied to the support and education of my children, to wit: Clara E. Crum, Lula M. Crum, Wm B. Crum, Kate S. Crum and Samuel R. Crum, and to be distributed among my said children as hereinafter pro vided, but my wife, as Trustee, after supporting my children and giving them such education as in her opinion is suitable to their degree, shall not be required to account for such notes and securities as may be in her hands, nor shall she be required to account for any rents or profits of the Real estate of the said residue of my Estate that may remain in her hands after having performed the duties that have been required of her in this my last will. Tenth: It is my wish and will that no account shall be made against any of my children for support and education except under the following circumstances, to wit: that if one or more of said children demand superior educational advantages that can not be given to hem or either of them a proper charge this amount may be determined by my said Trustee or her successor, much be made said child's distributive share in said residue of my Estate in no other case must any charge be made against any of my children's share and no account made against them before they receive their distributive share. Eleventh: When any of my said children marries or becomes of full age and demands their share in my Estate, my said wife as Trustee or her successor as Trustee is authorized to appoint three disinterested competent persons to value said residue of my Estate, and divide it into as many equitable parts as there are heirs to the Estate at the time, and to separate such a portion of the Estate, real and personal, to the heir demanding as in their best judgment will be best for all parties concerned. To this I make the following exceptions, to wit; if in the opinion of my said wife and Trustee, at the time, in view of their existing circumstances, that the condition of the Estate will admit, if it without hardship or injustice to them or their heirs, I wish that my youngest son, Samuel R. Crum, shall have five hundred dollars more than any of the heirs. This exception in favor of my son, Samuel, is upon the express condition that said additional five hundred dollars is to be used and applied in giving my said son superior educational advantages. Twelfth: If the persons appointed for this purpose find it impossible to set apart an equitable share of the real estate to the heir demanding, they must do the best they can under the circumstances but if this trust set apart is worth more than an equal share in real estate, such shares as set apart must be charged with the surplus in favor of the other heirs and if said trust shall be worth less than equal share, the Estate must be charged with the deficiency in favor of said heir, the payment of said surplus or deficit as the case may be must not be forced before final distribution of said residue of my Estate, but the interest must be paid annually and the principal may be paid at the option of the payer, at any time. Thirteenth: I give and bequeath to each of my following children, to wit: Clara E. Crum, Lula M. Crum, Wm. B. Crum, Kate S. Crum, and Samuel R. Crum, one bedstead and furniture for same to be delivered to them at their marriage or when they become of full age. Fourteenth: I hereby appoint my wife, Eran E. Crum, as Executrix of this my last will and testament, and it is my will and wish that she be not required to give any security for the faithful discharge of her duties under this instrument during her widowhood, but if my wife should marry it is my will and wish that she shall give up control of the residue of my Estate, or give such security as shall be sufficiently protect the interest of my heirs. Fifteenth: It is my will and wish that at the death of my wife, Eran E. Crum, that my said son, Samuel R. Crum, shall have my wife's entire interest of my Estate. The foregoing instrument made on this the 1st day of June in the year of our Lord Eighteen hundred and eighty-four. I hereby publish to be my last will and testament and I hereby - all prior wills. In witness whereof, I have signed my name and set my seal on the day and date above written. In presence of S. D. Crum (L.S.) P. A. Lanford D. F. Crum Codicil to the Foregoing Will of S. D. Crum Whereas, I, Samuel D. Crum, of the County of Lowndes and State of Alabama, have made my last will and testament in writing bearing date the first day of June, 1884 in and by which I have given to my wife the Southeast quarter of Section Nineteen, Township 13, less five different lots mentioned and excepted in said Will. Now, therefore, I do this my writing which I hereby declare to be a Codicil to my said last will and testament and to be taken as a part thereof, order and declare that thirty six and 3/4 acres of the above described quarter section 19, lying on the south side of said quarter Section and on the west side of the Public road from Farmersville to Selma, and adjoining the lot of J. D. Moorer on the North and west be given to my daughter Lula M. Moorer and to my wife Eran E. Crum, I give and bequeath in place or instead of the SW4 of SE4 of Section Twenty in Township 13, Range 12 containing 40 acres and I order and declare further that the valuation of the above described Thirty six and 3/4 acres given to my daughter, Lula M. Moorer, be four dollars per acre, and I further order that this portion of land which my youngest son, Samuel R. Crum, gets of my Estate shall be adjoining his mother's. And it is also ordered and declared in this Codicil that in the event that either I or my wife should see proper to give any of my children which may hereafter marry or need a lot of land suitable to build and reside on as it is not practicable to divide my Real Estate, etc., so as each one may have a suitable place on which to build and reside that either of us have this privilege of doing so without violating the provisions of the above Will and Codicil. In testimony whereof, I have hereunto set my hand and seal in the presence of P. A. Lanford Dated April 26th, 1885 D. F. Crum S. D. Crum (L.S.) The State of Alabama Lowndes County I, Hugh W. Caffey, Judge of Probate, hereby certify that the within instrument has this the 2nd day of October, 1885, been duly proved in open Court and admitted to Probate in the Probate Court of said County, and that the same has been with the proof thereof recorded in Book of Wills C on page --- Given under my hand this 2nd day of October, 1885 H. W. Caffey Judge of Probate In the Matter of the Probate of the Will of Samuel D. Crum, Dec'd} In Lowndes Probate Court, Hayneville Into open Court came D. F. Crum and P. A. Lanford who being sworn depose and say that they were called upon by the testator, Samuel D. Crum, now deceased, on the 1st day of June, 1884, to witness a paper as to his signature which now exhibited to affiants is the last will and testament of said Samuel D. Crum, deceased, that the said Testator signed said paper at the same time, declaring it was his last Will. That said paper now exhibited to affiants is the identical instrument witnessed in his presence, that they saw said Testator sign his name thereto, and at his request, they attested the same, in his presence and in the presence of each other, on the day the same bears date. They further declare that at the time of signing the same, said Testator was over the age of Twenty one years and of sound mind and disposing memory, in their opinion. Subscribed and sworn to in Open Court this the 2nd day of Oct. 1885 H. W. Caffey D. F. Crum Judge of Probate P. A. Lanford Affiants further declare that they were called on by the Testator aforesaid on the 26th day of April, 1885 to witness a Codicil to his said Will and that they signed said codicil in his presence and at his request and in the presence of each other. Sworn and subscribed to in open Court on the 2nd day Of October 1885 H. W. Caffey D. F. Crum Judge of Probate P. D. Lanford