Attala County, Mississippi

         



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Henry Emmerson
Attala County, Mississippi



Estate of Henry Emmerson Deceased

Will of Henry Emmerson
In the name of God

       I Henry Emmerson of the County of Attala and State of Mississippi, being of sound mind memory and considering the uncertainty of life, do therefore make, ordain, publish and declare this to be my last will and testament.
1st That all my lawful debts be paid out of the effects I may leave. 2nd That all my property - both real and personal be and remain in the possession and under the control of my wife Christiana C. Emmerson until my youngest child George Washington shall arrive at the age of twenty-one years or in case he shall not live to arrive at the age of maturity then to be and remain in possession and control of my said wife until my next youngest child Christiana Catharine shall arrive at the age of maturity. 3rd That when my youngest child George Washington shall arrive at the age of maturity or in case he shall not live to arrive at maturity, then when my next youngest child Christiana Catharine shall arrive at the age of maturity that all my property then in the hands of my wife Christiana Catharine Emmerson shall be sold, and the proceeds thereof collected, and when so collected shall be divided as follows that is to say in equal shares between my wife Christiana Catharine Emmerson and my children of the following names, Eliza Jane Oaks, wife of Wm C. Oaks, John D. Emmerson, Nancy E. Simpson, wife of Enoch B. Simpson, and the following children of my wife Christiana Catharine, Mary Margaret, Malissa Elvina, James Anderson, Christiana Catharine, and George Washington, share and share alike, except that there shall be reserved out of my effects the sum of three dollars, which said sum shall be equally divided between my children, Maria Elvina Patton, wife of Francis M. Patton, Martha Ann Baldwin, wife of William E. Baldwin, William F. Emmerson, Frances Elizabeth , wife of James McCraven, Rachel Manerva Emmerson. 4th That should not my wife not survive to see our youngest child George Washington arrive at the age of maturity, and in case of her death, at any time before that he shall so arrive, then that all my property, both real and personal be divided amongst my children as above mentioned. 5th I hereby make, anoint and appoint Silas H. Clark to be my Executor of this my last will and testament hereby revoking, all former wills made by me.

       In witness whereof I have hereunto subscribed my name and affixed my seal this the 18th day of February A.D. 1859.

Henry A. Emmerson (seal)

 

The above written instrument was subscribed by said Henry A. Emmerson in our presence and acknowledged by him to each of us, and he at the same time published and declared the above instrument to be his last will and testament, and we at the testators request, and in his presence have signed our names as witnesses hereto on the day and date first above written it being the 18th day of February A.D. 1859.

Robt L. Clark
Alfred F. Brown
Richard Brown

Filed June 20th and recorded June 22nd A.D. 1864 T. D. Sallis, Clerk
Proof
State of Mississippi ))
Attala County         ))  Personally appeared before me T. D. Sallis clerk of the Probate Court of said county R. L. Clark, R. D. Brown, and A. F. Brown, subscribing witnesses to a certain instrument of writing purporting to be the last will and testament of Henry Emmerson deceased, bearing date the 18th day of February 1859 who having been duly sworn deposed and said that said Henry Emmerson signed sealed published and declared said instrument as his last will and testament in the presence of R. D. Brown, and A. L. Brown, etc., other subscribing witness R. L. Clark was not present at the time of signing by the other witnesses, but that he, the said R. L. Clark signed said instrument in the presence of said testator, and at his request on the day of the date thereof, that said testator was then of sound disposing mind and memory and more than twenty-one years of age and that these deponents subscribed said instrument as witnesses thereto at the instance and request, and in the of said testator.

Sworn to & subscribed before me this 20 June A. D. 1864   ))    R. L. Clark
                                                               T. D. Sallis Clerk   ))   R. D. Brown
                                                                                                  A. F. Brown

Recorded June 22nd A. D. 1864    T. D. Sallis Clerk

Renunciation of bequest
To the Hon. I. W. Scarborough Judge of the Probate Court of Attala County State of Mississippi

I Catharine C. Emmerson widow of Henry A. Emmerson late of said county deceased, do hereby renounce and quit-all claim to any bequeath or devise made to by the last will of my husband, exhibited and proved according to Law, and I elect to take in lieu thereof my Dower, or legal share of the estate of my said husband.
                                                                              Catharine C. (X her mark) Emmerson

Filed June 20 & recorded June 22 A.D. 1864 &nbsap;   T.D. Sallis Clerk

 

Report of Sale
Dec 17, 1864 a list of property sold at the highest bidder for cash viz
1 sorrell mare for $255, 1 horse mule $55, 1 lot of fair hogs $100                410
2 lot of hogs No 2 $62.00 3rd lot No. 3 $51.00 1 cotton scraper $5           118
                                                                                                                   528

State of Mississippi   ))
Attala County           ))   Personally appeared before me T. D. Sallis clerk of the Probate Court of said County Wm C. Oaks Administrator for Henry Emmerson decd and make oath that the above is a true and correct report of the sale of the perishable property of said decedent, and that the sale was made according to Law, and the order of this court.
Sworn & subscribed before me this 19th day of December A.D. 1864
                                                                            T. D. Sallis Clerk  )   W. C. Oaks

Approved confirmed and ordered to be recorded done in open court December Term A.D. 1864.
                                                                            I. W. Scarborough, Judge

Filed December 19th and recorded December 29th 1864

 

Henry Emmerson, Deceased    Continued




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