Will of James G. Spann, Jr. [1826-1864]

Lowndes County (Alabama) Will Book C

Pages 82 - 83

Know all men by these present, that I, James G. Spann, of Sumter District and State of South Carolina, being of sound mind, but conscious of the uncertainty of my life, not only from bodily disease, but from additional danger of War, do now and hereby make my Last Will and Testament.

I appoint my brother Ransom D. Span my Executor. In the event of his death before my children shall all of them reach the age of twenty-one years, I name John Nunn (?) to succeed him as my Executor, and in the event of his death before the time named, then I name Richard C. Richardson, the husband of my sister, Eleanor, as his successor as my Executor, and they shall administer on my Estate, in the order in which they are named, and on the same conditions as they have named my Executors.

I desire that my Negroes, after having been divided, shall be worked together as now, and the proceeds of their labor to be divided among the Heirs, in proportion to their share in the whole of my Estate, and the over plus of my children's portion of such proceeds, after a liberal allowance for their support, clothing and education shall each year during their minority be placed at the disposal of my mother, Mrs. Leonora Spann, so long as she may find use for it.

I am fully satisfied that the land of which I am possessed as joint owner with the other Heirs of my Father's Estate, cannot be divided with justice to all the heirs. I therefore leave the arrangement of this part of my Estate to my brother Ransom D. Spann, in all confidence that full justice will be done.

I particularly desire, however, that no action shall be taken to effect the division of these lands, which might force them out of the hands of the present owner. I would here suggest to my brother, Ransom, three alternatives, to-wit:

1st: That he become the purchaser of my portion of said land, in which case he will see that the Negroes and other property of my wife and children properly located on other lands which he shall purchase for them.

2nd: That my Estate shall purchase his portion of the aforesaid undivided lands.

3rd: That my Estate and my brother, Ransom, become joint and equal owners of the whole of the lands left by my father, and of the other lands since added to his Estate, and that my mother retain a life interest in the whole of said land, with all the rights and privileges she has heretofore enjoyed.

In the event of either of the two last alternatives being adopted, I direct that my Negroes first having been divided as hereinafter directed, shall remain on the place as heretofore except that I wish them to occupy one settlement to themselves, that they may be cared for by their owners, and thus become identified with them.

I furthermore direct that as each of my sons shall attain the age of twenty-one years, his portion shall be divided to him, all except land, which shall be purchased for him by the other Heirs successively left as Minors, until my wife becomes the sole owner, always provided she remain unmarried.

Should my wife not desire to be come the sole owner, however, then my eldest son, James, shall become the purchaser if he desires it. And if he declines purchasing it, then each of my younger sons, the elder having precedence, shall have the option of becoming the purchaser; and if all the children decline, then the said land shall remain n the possession of my youngest living child, and should either of my children die before reaching the age of twenty-one years, or without heirs, the portion of such one land, Negroes and other property shall be equally divided between the surviving children.

I bequeath to my wife, Elizabeth E. Spann, to hold in her own right so long as she shall remain my widow, the following named Negroes, to-wit: Mariah, Marcus, Edward, Charles, Henry, Eliza and the children which Sarah may have, Betty and her children, being given to my wife by her grandmother. I regard them as her own in divided property and desire them to remain as such. I also bequeath to my wife my interest in Paul and Charlotte and their children, and as I know her desire to won my last named family, I hope my brother Ransom will allow her to purchase his interest in the said family, that she may thus become the sole owner.

The carriage and horse now in her service shall remain her property. I further more bequeath to my wife two-sevenths of all land, moneys and other property of which I may be possessed at the time of my death, should my wife, the said Elizabeth E. Span marry again, however, the n the property herein before bequeathed to her, lands Negroes and other property shall revert to my children, to be equally divided among them.

In the event of my wife marrying again, I provide for her as I should have done for my beloved daughter had God spared her to me. That is, Betty and her children shall remain her property, having been given to her by her grandmother, and I bequeath to her such an amount of money as will together with the value of Betty and her children be equal to one-sixth of the value of my whole Estate.

The said money to be paid to her by my Estate in such manner as shall be deemed best or the interest of all parties by Executors, but at as early a period as shall be possible, and my whole bequest shall be settled on her an her heirs forever.

After the bequest to my wife, I wish the whole of my remaining property both in Alabama and in South Carolina to be appraised and equally divided, and equally divided in accordance with such appraisement between my five sons, namely James, Charles, John, Ransom Davis, and Edward. But in the division of my Negroes, families shall be kept together, and any inequality in value of the different portion shall be made up in money.

To provide against accident from War, I direct that the division shall not be made until peace shall have been established, and should my lose by the enemy, the Negroes bequeathed to her, I devise that she be placed on an equality with the children and share equally with them such property as shall be left to them.

The Negroes from my grandfather's Estate and also Susan and her family must necessarily be divided before the division of my own property can be affected.

I leave to my son James my sword and my watch, to my son Charles my Pistol and to my son John I leave the stud I habitually wear, to my son Edward I leave my bridle bit, so that if these articles can be preserved, such of my sons will have a part of those things that I carried on the field of battle.

Signed by my had and sealed with my seal this third day of May, in the year of our Lord, One Thousand Eight Hundred Sixty-four, and the forth year of the War for the Independence of the Southern Confederacy, an in the presence of

Witnesses: James G. Spann (Seal)

Isaac N. Tenor

Saml Bradley

W. B. Murray

Whereas, I find that I have neglected in my Will to provide my wife, Elizabeth E. Spann, with a home, I James G. Spann, of Sumter District and State of South Carolina do now, and hereby add a Codicil to my Will and do hereby set aside anything contained in said Will, so far as it shall conflict with what is herein directed: In all else the said Will shall preserve its full force and effect.

I bequeath to my wife, Elizabeth E. Spann, all my right and title to lands and residence known as the Woodstrack, and also of that tract known as Spivey Field, the last named tract being owned by my brothers jointly, and equally with myself, though the title is drawn in my name. The first named tract being undivided property of the Estate of James G. Spann, my father, both situated in the above named District and State. The said lands and residence to be hers to the full extent if my interest in them so long as she shall remain my widow. Should my wife marry again, then what has been directed in my will to be done in that event shall equally bear upon the bequeath, and it shall revert to my children to be equally divided among them.

I direct that my brother, Ransom D. Spann, shall be secured in his half interest in the above named Spivey Field tract of land, I having neglected to transfer the said half interest, which he is justly entitled to, having furnished half of the purchase money. Should Military duty prevent my brother, Ransom D. Spann, from administering on my Estate, said Ransom D. Spann is permitted to assume the administration as is directed in my will. The word with is stricken out by my own hand from the second line of the above bequest.

Signed by my own hand and sealed with my seal, this fourth day of May, in the year of our Lord, one Thousand Eight Hundred and Sixty-Four.

Witnesses: James G. Spann (Seal)

J. Sinclair Moore

M. A. Moore

W. B. Murray

State of South Carolina

Sumter District

In Ordinary

I do hereby certify that the foregoing instrument of writing contains true copies of the Last Will and Testament and codicil of James G. Spann, deceased, as on file and recorded I this office.

Given under my hand and seal of office this the 5th day of December, A.D. One Thousand Eight Hundred Sixty-four.

Noah Graham,

Ordinary of Sumter District
The State of South Carolina

By His Excellency

M. S. Bonham, Governor and Commander-in-Chief in and over the State aforesaid

To All Whom the Presents Shall Concern:

Know ye that Noah Graham, whose seal and signature appear to his certificate on the copy Will hereunto annexed is and was at the time of signing Judge of the Court of Ordinary for Sumter District, and as such by law entitled to the custody of the original Will and records of said Court, and that his signature is genuine and certificate in due form of law. Therefore, all due faith, credit authority is and ought to be had and given to his Proceedings and Certificate as such.

In testimony whereof, I have hereunto set my hand and caused to be affixed the Seal of the State, in the City of Columbia the Eight day of December, in the year of our Lord, One Thousand Eight Hundred Sixty-four, and in the 89th year of the Sovereignty and Independence of the State of South Carolina

By the Governor: M. S. Bonham

Wm. B. Huntt, Secretary of State