Estate of William Huffman, Deceased
In the name of God, Amen. I William Huffman of the County of Attala, State of Mississippi, being of sound and disposing mind, do make this to be my last will and testament as follows. (that is to say) I direct that all my just debts be paid out of my estate as soon after my death as may be convenient,
First. I give and bequeath unto my daughter Annetta one good feather bed and bed furniture for the same. I also give and bequeath unto my said daughter Annetta the sum of six hundred dollars.
I give and bequeath unto my daughter Yarico, one good feather bed and furniture for the same. I also give and bequeath unto my said daughter Yarico my Negro boy named Andy.
I give and bequeath unto my daughter Rosetta my Negro boy named Isham.
I give and bequeath unto my daughter Carilla one good feather bed and bed furniture for the same. I also give and bequeath unto my said daughter Carilla the sum of two hundred dollars.
I give and bequeath unto my son Austin the sum of five hundred dollars.
I give and bequeath unto my son Wilbert the sum of four hundred dollars.
I give and bequeath unto my son Vinyard the sum of two hundred dollars.
It is my will and desire that my Executors hereinafter by me appointed, sell or divide the remainder of my property both real and personal, and if my said Executors or the survivor of them should think it to the interest of the legatees and heirs to sell the property, they or the survivor of them may sell for cash or on such terms as may be thought best, or the may sell a part of the property and divide a part as may be thought best.
It is my will and desire that my Executors first pay out of my Estate all my just debts and the specific legacys by me bequeathed unto my sons and daughters, and then divide the remainder of my Estate equally between all my children, those specially named as well as all others it being my intention to give those specially named that much more than the rest of my children. It is my will and desire that my son in law Leonard Winters hold and retain in his possession in special trust for the use of my daughter Amaretta wife of W. D. Simpson whatever may fall to her share, and that he manage the same to the best advantage and apply the income of said property to her use, as he may think best, and in case her present husband W. D. Simpson should die, then to hand over to her her whole share or property. It is my wish that my son Russell act as guardian of all my children that may be unmarried and that he take care of them and their property and school them out of the income if sufficient, and if not, sufficient, to use such part of the principal as may be necessary. I do hereby nominate and appoint Leonard Winters and John J. Ellis to be my Executors of this my last will and testament.
In testimony whereof I the said William Huffman testator have to this last Will and testament set my hand and seal this 27th day of August A.D. 1861.
Wm Huffman [Seal]
Signed Sealed published and declared by the testator William Huffman as and for his last Will and testament in the presence of us, who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses.
C. B. Gallaway
R. B. Webb
S. A. Fuller
The State of Mississippi)
Attala County ) In the Probate Court of Said County
January term A.D. 1862
In the Matter of a certain instrument )
of writing purporting to be the last Will )
And Testament of William Huffman decd.)
Be it remembered that at a term of the Probate Court of the County of Attala in the State aforesaid, began and held for said county on the third Monday in January in the Year of our Lord one thousand eight-hundred and sixty-one, personally appeared in open court C. B. Gallaway, R. B. Webb, and Sidney A. Fuller, subscribing witnesses to a certain instrument of writing purporting to be the last will and testament of William Huffman late of said county, deceased, bearing date Twenty Seventh day of August A.D. 1861. Who having first been duly sworn deposeth and saith that said William Huffman signed sealed published and declared said instrument as his last Will and testament in the presence of these deponents 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 presence of said Testator, and also in the presence of each other, on the day and Year aforesaid officients further state on oath that they each and all signed the same in the presence of each other.
Sworn to & Subscribed before me )
In open court this 21st day of ) C. B. Gallaway
January A.D. 1862 ) R. B. Webb
Sam Young Probate Judge ) S. A. Fuller
State of Mississippi )
Attala County ) Personally appeared before me M. A. Clark, Deputy Clerk of the Probate Court in & for said county Leonard A. Winters & J. J. Ellis who being duly sworn deposeth and saith that the writing now exhibited by you to this court is a true last Will and testament of William Huffman as far as you know and believe, and that you as Executors will well and truly Execute the same according to the terms and discharge the duties required by law, So help You God,
Sworn to & Subscribed in open court before me this )
L. A. Winters
21st January A.D. 1862. T. D. Sallis, Clerk ) J. J. Ellis
By M. A. Clark, DC )
Admitted? to Probate Jany 21st 1862
Filed 20th Jany & Recorded 15th February AD 1862 Sam Young, Judge
T. D. Sallis, Clerk
By M. A. Clark, DC
Estate of William Huffman deceased
Petition to sell perishable property
To the Honorable Samuel Young, Judge of the Probate Court of the County of Attala, State of Mississippi
The petition of Leonard A. Winters and John J. Ellis, Executors of the last Will and testament of William Huffman late of said county deceased shows that this testator died possessed of sundry personal properties of an unproductive and perishable nature consisting of crop of corn, fodder, sweet potatoes, meat hogs, stock hogs, cows and calves and stock hogs, cattle, smoked pork, lard, Pickled Beef, Horses, mules, seed oats and peas, crop of cotton, farm utensils, household & kitchen furniture, oxen & wagon, carriage & harness, etc. That all persons interested in the distribution of Said Estate will be benefited by an immediate sale of said perishable property wherefore your petitioners prays an order authorizing them to sell the same on the premises as by reference to the Will of said testator it will be sen that the Executors is improvised to sell divide testators property as they may think best.
Sworn to & Subscribed before me ) Leonard A. Winters
This 25th January AD 1862 ) J. J. Ellis
L. D. Sallis, Clerk )
For M. a. Clark, D.C. )
Estate of William Huffman deceased
To the Honorable I. W. Scarborough Judge of Probate in the County of Attala, State of Mississippi
The undersigned Executors of the last will and testament of William Huffman deceased respectfully report that by virtue of the order of this Honorable Court Made at the January term AD 1862 directing and authorizing them to sell the Personal Estate of the testator William Huffman, after notice made and duly given according to Law and the order of this Court, they did at the late residence of Said testator in the County of Attala between the hours prescribed by Law, moved to sell the said personal estate to the highest bidder on a credit of twelve months from the day of sale did there and then so expose for sale at public outcry the said personal estate consisting of Negroes horses mules Stock cows fodder farming utensils and household and kitchen furniture ____ in lots to said purchasers with a due regard to the interest of said estate until the same was fully concluded for a full account of which said sale with the names of purchasers and the highest amounts bid for the several articles. Said executors begs time to refer Your Honor to the account of sales herewith filed, and marked Exhibit A and asked to be made part of this report.
Sworn to and Subscribed in open Court
July 22nd 1862 J.J. Ellis
I. W. Scarborough Judge
Recorded July 24 AD 1862 L. D. Sallis Clerk
Accounts of Sales of Personal Estate - Exhibit A
[ Several pages follow of items including Negroes, household items, farming tools and implements, horses, mules, various livestock, many books on chemistry, Greek Antiquity, grammar, geology, surveying, algebra, dictionaries, etc., too much to list. The amount of the sale was approximately $19,900]
Buyers at sale were: J. M. Adair, Ery? Dyers, Mrs. Nancy Boyd, Calvin Beachamp, I. D. Justament?, Alexander Bain (husband of daughter Rosetta), Wilbert Huffman (son) A. R. Johnson, William Knox, Ozias Lewis, H. P. Morgan, Jacob Myers, Thomas Norris (husband of daughter Clarissa), E. Lebash?, C. F. Oldecup or Aldecup, B. E. Oldham, Thomas W. Presly, Morris Russell, M. Roby, D. L. Smith, ? D. Simpson (believed to be W. D. Simpson husband of daughter Amaretta), Dr. John W. Scarborough, D. M. Simpson, Y. Spiva, William Sandifer, Joab L. Scarborough, Isaac W. Scarborough, I B. Simpson, Z. E. Townsend, Benjamin F. Tipton, W. W. Tipton (husband of step-daughter Mildred Blackmon), R. M. Williams (husband of daughter Yarico), Stephen E. Wilson, Benjamin A. Clark, Daniel B. Comfort, William M. Cottrell, A. M. Chestnut, Shelman Durham, Mrs. Nancy F. Davis, Thos. L. Ford, Sidney Fuller, Dr. C. B. Galloway, James A. Groves, Jacob Greenwould, E. M. Hammond, Russell Huffman (son), James L. Hammond, George W. Harlow, John Taylor, William Campbell, A. Wilson, Jarred P. Walker, Robt. B. Webb, John Wilson, Mrs. Margaret Winters (daughter married to Leonard A. Winters), William J. Young, Samuel Lowry/Young?-difficult to interpret writing, A. R. Johnson.
Ordered that Exhibit A. and Report of Sale be
confirmed and recorded.
I. W. Scarborough, Judge
Filed July 22nd AD 1862 and
Recorded 25th July AD 1862
L. D. Sallis, Clk