Will of David Meriwether TMSI #145
Jasper Court of the Ordinary, Pgs. 231 - 233.
Item 3rd To my beloved wife, Matilda A. Meriwether, I give and devise the House and Lots whereon I live in the town of Monticello, containing Eighteen Acres more or less, and including the Academy Lot, also, a Lot of Land in the neighborhood of Monticello, containing two hundred two and a half acres more or less, C the Same being No 16 C and adjoining Lands of A. J. Talmadge, George T. Bartlett, Russel J. Brown, and others. C with all the rights, members, and appurtenances, to Said Lands, in any manner belonging, free from all charge or limitation whatever, to her own proper use, benefit and behoof, forever; with full power to dispose of the Same, by with or otherwise, as She may deem proper, I also, give unto my beloved wife in the Same unreserved manner, one good horse or Mule to be Selected by her, C one good one horse wagon, C the carriage and Buggy, and all my household and kitchen furniture.
Item
4th I give and devise unto my
Son Charles M. Meriwether, two Lots of Land, containing four hundred and five
acres more or less, C
the same being part of the Rivers purchase, and adjoining Lands belonging to
the Estate of William Tuggle on the west, Louis W. Pou on the north, John Bogan
on the East and myself on the South; with all the rights members and
appurtenances to the Same belonging, forever in fee simple, Also, one good horse, and cattle and Hogs,
amounting in value, to like property, which I have advanced to my Son Thomas
Meriwether, Said Charles M. Meriwether
to receive Said property into possession, when he arrives at the age of twenty
one, without interest, or profits thereof.
Item
5th To my Daughters, Sallie
B. (,) Lousianna, and Lucy M. Meriwether, I give, each, the Sum of fourteen
hundred and twenty five Dollars, to be paid them, by my Executors, as they
arrive at the age of twenty one, or marry, either in money, or property, as they
may choose; To have and hold the Same, to their Sole and Separate use, free and
exempt from the debts and liabilities of their husbands, Should they marry.
Item
6th It is my will and desire,
that my Son, David Meriwether, receive out of my Estate, Cattle (he having
already recd property amounting to in value to thirteen hundred and
twenty dollars) amounting in value to, to Seventy five Dollars, to make him
equal to what I have advanced my Son Thomas.
Item
7th Having advanced to my Son
Thomas Meriwether, property to the value of fourteen hundred and twenty five
dollars, and disiring (sic) that my children herein named Should have an equal
distribution of my property, I direct that the others be made equal to him,
that is, that they receive the sum of fourteen hundred and twenty five dollars
in money or property, as heretofore provided, (My Son David to account for
property he has received to the value of thirteen hundred and twenty dollars,)
before my Said Son Thomas Shall receive any thing further from my Estate.
Item
8th It is my will that my
property be kept together, or Sold, as my executors may think proper, but in no
event, are the legacies herein given, to my children, to be paid until
provision is made for a comfortable annual Support, for my Said wife, over and
above the legacies herein given to her, and I desire further, that my Said
Daughters Shall also, as their mother, be Supported annually, out of my Estate,
until they receive their legacies, Said
legacies to bear no interest until paid provided my Said daughters are supported, as
directed above.
Item
9th The Provisions made
herein for Said wife for an annual Support, Shall preclude her from claiming
the twelve months, Support allowed widows under the Statue, and the Lands devised to her, are expressly in
lieu of Dower.
Item
10th It is my will, that my minor children, Charles M. and Lucy M.
be educated, as my older children have been, at the expense of my Estate, and
not to be charged to them.
Item
11th After the payment of the legacies herein given, the payment of
debts &c, if any property Should remain, it is my will that the Same be
equally divided among my Six children to wit, David, Thomas, Charles M.(,)
Sallie B.(,) Lousianna, and Lucy M.(,) Share and Share alike, the Same being
for the Sole and Separate use of my Said Daughters.
Item
12th I hereby nominate and appoint my wife Matilda A. Meriwether,
and my Sons George F. and David Meriwether, Executrix, and Executors of this my
last Will and testament, and direct, that they may dispense with the trouble
and expense of taking inventory and making returns, And further, appoint my Said wife Matilda A.
Meriwether, Guardian of my minor children, and that She take the Guardianship without
being required to give bond & Security.
Item 13th I desire my executors, in the distribution, to Sell the property in Such manner as they may think best, or divide in kind, if prefered (sic) by the legatee
The words “to my children@ and “have been@ interlined before Signing.
David Meriwether Sr.. (Seal)
Signed, Sealed, declared and published by David Meriwether Sr. as his last Will and Testament, in the presence of the undersigned, who Subscribed our names hereto, in the presence of the testator, at his Special instance and request, and in the presence of each other.
This December 14th 1866. W. R. Berner
J. W. Burney
Wm. A. Lofton
Jasper Court of Ordinary,
Adjourned Term, Febuy 17th 1867.
The last Will and Testament, of David Meriwether Sr. deceased, having been produced for probate in common form, and two of the witnesses to Said Will being present, to wit; John W. Burney and William A. Lofton, who being Sworn deposeth (copy did not include bottom of the page)
Many thanks to Guy Meriwether Benson for providing the transcription of this will.