Notes for William H. Maynor

Notes for William H. Maynor

!US Census 1850 (1 February) Alabama, Russell Co., Page 93, House No. 1295, Lines 17-27: William Mayner (b. 1797 - 53 - in GA - Occ: Farmer - Property Value $10,000) married to Elizabeth (b. 1803 - 47 - in GA). Children listed are: James (son b. 1832 - 18 - in GA); Elizabeth (dau b. 1834 - 16 - in GA); William (son b. 1836 - 14 - in GA); Marshall (son b. 1838 - 12 - in GA); Masurra (dau b. 1840 - 10 - in GA); Franklin (son b. 1842 - 8 - in AL); Asa (son b. 1845 - 5 - in AL); Frances (dau b. 1847 - 3 - in AL); and Castherine (dau b. 1849 - 1 - in AL)

!US Census 1860 (9 June) Alabama, Russell Co., Beat 1, Crawford PO, Roll M653_22, Sheet 10, Page 992, House No. 121, Lines 32-38: W. H. Maynor (b. 1797 - 63 - in GA - Occ: Farmer - Property Value $10,000 + $5000) married to Elizabeth (b. 1805 - 55 - in GA). Children listed are: F. L. (son b. 1842 - 18 - in GA - Occ: Farmer); A. M. (son b. 1844 - 16 - in AL - Occ: Farmer); F. S. (dau b. 1846 - 14 - in AL); and A. C. (dau b. 1849 - 11). ALSO LISTED is: Catherine Maynor (step-mother b. 1794 - 66 - in GA - NOTE: Idiot)

!Last Will and Testament of William H. Maynor - taken from web site at: www.maynor.net - Natalie Maynor:
The State of Alabama - In the name of God, amen, I William H. Maynor of the County of Russell, being of a sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking all former wills & codicils heretofore made.
First, I commit my soul to God, who gave it, and my body to the earth to be deemly interred.
Second, I desire my beloved wife Elizabeth Maynor to have a competency while she lives, and my minor children educated, without any charge upon his distributive share of my estate - and as such do loan to my said wife during her life: Five hundred and Eighty acres of the land upon which we now reside to include the buildings. That is to say, the north half of section Thirty-one, the west half of Section Thirty, except Eighty acres off of the north end, also for quantity Twenty acres on the northwest corner of the north half of section thirty-two, all in Township Eighteen of Range Twenty-Eight in said county, with such portion of the stock of horses, mules, cattle, hogs, goats, household and kitchen furniture, cooking utensils and tools or utensils as she may desire to keep, and one years provisions to be for the use and benefit of my said wife and my minor children, and at her death to go to and form part of my estate and divided as herein after directed.
Third, It is my desire I hereby direct and fully authorize my Executrix and Executors who shall or may qualify as such to sell at public outcry all the balance of the lands of which I may die seized or possessed or may be entitled to upon a credit of one and two years, also my slaves and all my personal property, other than that mentioned in the second item upon a credit of one year, and upon such sale or sales to give assurances or evidences of purchases, and upon full payment to make, seal and deliver titles, and the proceeds of such sales, with the cash on hand and the amounts which may be collected upon chores in action, or demands due me or in my favor. I desire to institute a general fund and kept at interest, until a general division as herein after directed except as herein otherwise provided.
Fourth -- I desire to do equal justice to all my children. I have heretofore made advances as follows. To my daughter Maria J. Blalock, wife of P.P. Blalock, and to my daughter Aelethia A. King, wife of G. King, each about the sum of Five hundred Dollars, to my son James T.J. about nine hundred Dollars and to my daughter Elizabeth Priddy, wife of Thomas Priddy, about six hundred and seventy-five Dollars, and I may make other advances, and I hereby direct that so soon after the payments of my just debts and financial expenses as practicable (which I desire paid out of the first funds which may be on hand) that a sufficient sum be paid to each of my children who may have received an advance, which or when added to the amounts before received shall make the sum of one Thousand Dollars to each one and I further direct that as each one of my minor children shall become of age or marry prior to a general division as herein provided for he or she as the case may be shall be paid the sum of one Thousand Dollars by my Executors, in order to make such advances, or pay my debts and funeral expenses, my Executors may use such portion of the principal of the general fund as may be necessary.
Fifth - It is my will and desire, that no division of my estate be had or made until my youngest child which may be in life becomes of age or marries or until the death of my beloved wife in the event she shall die before such majority or marriage in either of which events then I desire a division be made. If such a division shall be made, because of the majority or marriage of my youngest child who may be in life, then my wife is to take a childs part for her life in addition that provision made for her in the second item. If such a division takes place because of the death of my wife, before either of those who may have received his or her advances of one Thousand Dollars shall receive anything more a sufficient sum shall be set a part to support and educate such of my children as may be under age and uneducated and to make up to each child not having received his or her full advance, the sum of One Thousand. When each have thus received his or her advance and been raised and educated, then I desire the balance of my estate to be equally divided between my several children, Maria J. Blalock, Alethia A. King, James T.J. Maynor, Elizabeth Priddy, Missouri Maynor, Marshall W. Maynor, Labon F. Maynor, Asa H. Maynor, Ann Eliza Maynor and Catherine A. Maynor, share and share alike. In the event that a division shall take place because of the death of my wife then my Executors shall in like manner make sale of the property loaned, in the same manner as presented in the Third item, give assurances, make titles in like manner; in the event a division is had while my wife is in life at her death I desire the property and effects loaned to her as in this and the second item to be equally divided between my several children in like manner as herein before indicated, the cotton & crops which I may leave unsold or which may be growing or may be made the year or year previous to my death may be sold at private sale. All other sales take public and without the expense of court orders.
Sixth - The property which my daughters receive under this will is to be to the sole separate and exclusive use of the daughter and to the child or children of each. That is the child or children to have what his or her or their mother receives or would be entitled to receive if living. In the event that either of my said children shall die before a division shall be made, without issue living, then the share to which such child would have been entitled shall form part of my estate and be divided among my other children and the children of such as may have died, the child or children of each to stand in the place of the parent and ensure to all the rights to which the parent would had him or her been in life; in like manner if any of my children shall die without a child or children, the brothers and sisters and descendants shall be entitled to the property herein given and shall take as herein provided.
Seventh - I hereby nominate and appoint my beloved wife Elizabeth Maynor my relative by marriage Harrison Tate and my sons Marshall W. Maynor, Labon F. Maynor and Asa H. Maynor Executrix and Executors of this my last Will and Testament and earnestly request them in good faith to carry out these my testamentary intentions, which I have confidence they will do, and I direct that each may qualify without giving bond. In witness whereof I William H. Maynor the Testator have in this my will set my hand and seal this the first day of September in the year of our Lord one Thousand Eight hundred and fifty-six (1 Sept. 1856).
William H. Maynor {seal}
The above and foregoing was signed, sealed, published & declared by the above named William H. Maynor as & for his last Will and Testament, in the presence of us who have hereunto subscribed our names as witnesses thereto in the presence of the said Testator and in the presence of each other on the day and date therein written.
[signatures: Sterling G. Hopkins, J.J. Seegar, Wilson Williams as witnesses and a name not entirely legible as "Atty in General" - the name might be George W. Barron, Esquire]
State of Alabama
Russell County

!In the Probate Court - December Ten 1860:
Personally appeared in open court Wilson Williams and Sterling G. Hopkins two of the subscribing witnesses to the foregoing Instrument and being duly sworn depose and say that William H. Maynor the Testator therein voluntarily executed the same and declared the same to be and contain his last Will and Testament on the day the same bears date. That they signed their names as witnesses in the presence of said Testator and that in the presence of the other witness Jeremiah J. Seegar and that such other witness subscribed his name as a witness in their and the Testators presence.
And further that in their opinion and belief said Testator at the time of executing said will was of sound and disposing mind and memory.
Sworn to & subscribed this 10th day of Dec. A.D. 1860
Geo. H. Waddell, Judge
[signatures: Wilson Williams and S.G. Hopkins]

!Codicil to the Will:
In the name of God, Amen.
After I am dead I desire to be buried decently - I desire all my house debts paid.
Item 1 - I give and bequeath to Mrs. Cordelia B. Webb, wife of William H. Webb, now residing in Muscogee County, Georgia, and the heirs of her body now living, and that may be hereafter born by her present husband William H. Webb, all that tract or parcel of land situated lying and being in Russell County and State of Alabama, known and distinguished as being the Southeast (1/4) quarter of the south half (1/2) of section (8) Eight Township (17) Seventeen, Range (28) Twenty-Eight it all being in the county and state aforesaid which said land is to be sold, when the oldest child of Cordelia and William H. Webb shall marry or become of age and the proceeds of sale be equally divided between Mrs. Cordelia B. Webb and the heirs of her body by William H. Webb, that may be living at the time such child shall become of age or marries, share and share alike, and if Cordelia B. Webb and the heirs of her body should die before such sale shall be made then all the land to rest in Wm. H. Webb, absolutely.
Item 2nd - I give and bequeath to Elizabeth Howard wife of Nathan Howard now living in the county of Muscogee and state of Georgia and her two youngest children Mary Howard, and the next youngest name not known, all that tract or parcel of land known as the Southwest quarter (1/4) of section (8) Eight Township (17) Seventeen and Range (28) Twenty-Eight, with the exception of forty acres (40) it being the Southwest quarter or Southwest forty acres of said Southwest quarter (1/4) of said section, on which Mrs. Abby Gilbert now lives, it all being in the County of Russell and State of Alabama. I desire that the above described land shall be sold within twelve months, and the proceeds applied to raising and educating the last described children, I mean Mrs. Elizabeth Howards children. I desire that the above described land shall be sold at Crawford Alabama any time within twelve months or one and two years time. I desire that the proceeds of said land be divided at the time of said sale or as soon as the money is collected on the rates given for the land above described between the two children equally and each raised and educated out of its part, the two accounts to be kept separate. In the event that one of them should die or both should die, with heirs of their body, then and in that case their mother shall take under them, all the property to rest absolutely in her - I mean Mrs. Elizabeth Howard.
Item 3rd - I desire Wm. H. Webb to act as Guardian of the person and property of his own children and the two youngest children of Mrs. Elizabeth Howard - I mean the two youngest children of Mrs. Elizabeth Howard last above described. I desire that Wm. H. Webb shall manage the property of the two youngest children of Mrs. Elizabeth Howard in any way he may deem best for their interest.
Item 4th - I desire that all the land above described shall be sold at public outcry to the highest bidder at Crawford Alabama on one and two years time with good and approved security, deed to be made at the time of sale, I mean the land I have given to Mrs. Elizabeth Howards children. Said land to be sold on or about the first of October in the year of our Lord 1861.
Item 5th - I do not desire the Guardian of the children above mentioned to be required to give bond.
Sept. 29th 1860
William H. Maynor
Signed sealed & delivered in presence of:
S.A. Billing, J.J. Abercrombie, John T. Walker
The State of Alabama
Russell County

Personally appeared in open court James J. Abercrombie, one of subscribing witnesses to the foregoing instrument and being duly sworn deposeth and saith, that William H. Maynor the testator therein voluntarily executed the same and declared the same to be and contain his last Will and Testament in his presence on Sunday the 30th day of September 1860, that he subscribed his name as a witness in the presence of the Testator and of the other witnesses and that such other witnesses subscribed their names as such, in his and the Testators presence, and further that in his opinion and belief said William H. Maynor at the time of executing said will was of sound and disposing mind and memory. Further that this deponent dated this will back to the 29th Sept. at the request of a party present. J.J. Abercrombie
Sworn to and subscribed 12th Nov. 1860
Geo. H. Waddell
Judge of Probate
Recorded January 31st 1861
Geo. H. Waddell, Judge