Alabama records: Page 411, Sumter Co, AL, Will Book.
Jarred W. Cherry will dated 10/27/1868, probated 9/11/1871.
Sumter County, Ala., Oct. 27th, 1868
Will Bk Vol 2; pg 634; Orphans Court Bk Vol 28; pg 794
In the name of God, Amen. I, JARED W. CHERRY,
of the county and state, aforesaid, being of sound mind and memory, and
considering the uncertainty of life, do therefore make, publish,
and declare this to be my last will and testament.
In the 1st Place I yield up my spirit to that
being who gave it, and my body to the grave.
In the 2nd place, I desire to be buried at Liberty
Church, near my late wife and children, and I require my executor, out
of my
funds of the estate, to have my own, my wife's and children's graves,
at said church to be neatly enclosed with an iron paling.
In the 3rd place, I give and bequeath to my wife,
Martha Cherry, the use of the house in which I now reside and forty (40)
acres
of land; also her choice of two (2) of my mules, together with the
carriage; also her choice of two (2) of my milk cows; also choice of
two (2) sows and pigs; and sufficient provisions for one (1) year;
all of which she is to have the use for her life. I also enjoin on
all
my children to be kind and respectful to her, which I believe they
will be; and I especially enjoin on my son William that he take
care of her, and sees that she suffers for nothing.
4th - I desire that at my death, all my perishable
property be sold to the highest bidder, and that the land be rented until,
in the
discretion of my executor, a proper time shall come to sell it.
In the 5th place, I wish my executor, out of
the funds of the estate, to purchase a small track of land, cost not to
exceed five
hundred dollars ($500), which I desire as a home for my son HENRY
and his family; but the said HENRY is to have no right
whatsoever to sell, or in any way dispose of said track of land,
but it is to descend to his children.
In the 6th place, as I have had to pay about
one thousand dollars
($1,000) for my son, Ezekiel Cherry, I hold that as a just and proper
reason, why he should receive no part of my estate -
In the 7th place, I wish all my property equally
divided between my other children, in which: Joshua, Lotty, Susan, Elizabeth,
Margaret, Jane, Caroline, and William.
In the 8th place, I appoint my son, William J.
Cherry, to be the executor of this my very last will and testament, and
as I believe
he will do full and equal justice to all parties; I therefore do
not require any security from him as executor, and as compensation
for his services, I desire he shall receive the commission awarded
by law to executors.
In as much as in the 4th clause of my will I
have directed all my
perishable property to be sold, and in the 7th clause have directed
my
property to be equally divided between my children, my meaning is
said 7th clause is that it is the proceeds of sale of aforesaid
property.
It is also my wish that the money I owe W. B.
Washington be paid out of the proceeds of my present crop.
J. W. Cherry
Witnesses:
W. B. Washington
James B. Ivy
James Ballands (?)
