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Transcript of Will of Anthony Morgan Miner, Dallas County, AL
Posted by: Sonja Graham (ID *****3503) Date: April 17, 2010 at 14:55:04
  of 862

Anthony Morgan Minter, the son of Morgan Minter and Joanna (Rutherford) Minter was born October 13, 1776 in Pittsboro, Chatham County, N.C. and died July 22, 1859 in Burnsville, Dallas County, AL. He is believed to be buried on his estate off Mulberry Creek in Burnsville, Dallas County, AL. He was the grandson of John Oliver Minter and Elizabeth Michaux Morgan. He married Elizabeth Harris in Washington County, GA in 1811. The will is written in old English and is transcribed as written.

Transcribed by Sonja Graham
January 23, 2010
Submitted by Sonja Graham

Dallas County Alabama
Probate Court
Will Book B, 1850-1871
Page 192

              Anthony M. Minter Will,

I, Anthony M Minter do make ordain and Publish this
to be my last Will and Testament hereby Revoking all other
Wills and Codcils heretofore made by me and declaring
the Same of mine effiet,-
Item        I have during the present year made a Deed to my
       Brother William T. Minter as Trustee for my wife Elizabeth,
       in which - I have Settled certain Real Estate and
       personal property upon my Said brother in Trust for
       my Wife, I hereby fully Ratify and Confirm Said Deed
       and direct my Executors to see that the provisions of
       the Same are faithfully carried out - It is my Will,
       that Said Elizabeth my Wife shale have the full power
       after, my death to dispose of said property as she may
       desire to dis charge Said trustee or appoint
       an other in his place at any time she may decide to do so
       I give to my wife Elizabeth the proceeds of the Cotton
       crops grown on my home place during the year 1856,
Item       I leave heretofore given to my Son John M Minter
       Certain Real and personal Estate described and set forth
       in a deed of gift Executed by me to him and delivered
       to him and which he has filed for Record in the office
       of the Judge of Probate for Dallas County, I hereby fully
       Rectify and Confirm Said Deed of gift in
       all things giving to my Said Son the property and the
       increase thereof named in Said Deed and I Direct
       my Executors To See that the same is carried out,
       My Son John M Minter and myself have been
       farming in Copartnership on the land he now lives
       upon and all accounts between us are Considered
       as being settled up to the year 1856, and any notes
       I hold upon him are to be delivered up to him For
       the year 1856, I        have had Eight negroes on his place
       which are conntracts [counted?] as Seven hands, and John has
       had negrous Connted as Sixteen hands, I only claim
       a portion of the Cotton Crops Raised on Said place in
       1856 to be accordance by the proportion the number of
       hands Each of us have there as above Stated to the whole
       number I give to my son my interest in all other crops
       Raised on Said place in 1856. My son John has
       Relinquished to me a negro man named Cornelius
       and in the place of Said negro and in Consideration
       of Such Relinquishment, I have given him and do hereby
       give to him a negro man named John., In the deed
       of gift made to John M Minter there are three
       old negroes viz Harry Henry and Porter I give these
       negroes to my Son so that he might have these slaves
       and provide for them in their old age and as they may        
       become a Charge upon him, I now give him a Woman
       named Mary and her three Children viz Virginia, Louisa
       and an infant boy Child with the future increase of the
       females to compensate him for the Care of Said the old negroes
       whatever mules or stock I may have on the place John is
       now living upon I give to him -
Item        The property given by Said Deed of gift to my Wife Elizabeth
       and to my son John M Minter, I give to them Respectively
       under this Will and that property and increase together with
       the other property given to them Respectively in this Will is to be
       Considered in full Satisfaction of all their Respective Claims
       upon my Estate. -
Item       I give to my daughter Caroline Wife of Hugh Ferguson
       in addition to what I have heretofore given her a Negro man
       named Cornelius and Sylvia his Wife and her four
       Children with their future increase to the Sole and Separate
       use and behuof of the Said Caroline free from the debts
       Contracts and liabilities of her present husband or of any
       future husband she may have. -
Item       I give to my daughter Mary Nichol Wife of Robert A
       Nichol in addition to what I have heretofore given her
       (including negroes Rosetta and Sarah) Joe Shield and
       a negro man to the Sole and Separate use and behuof
       of Said Mary, free from the debts or liabilities and Contracts
       of her present husband or any future husband She may have
       The negroes Rosetta and Sarah are now in the pofsefsian
       of my Daughter Mary -
Item       I give to my daughter Joanna Williams Wife of George Williams
       in addition to what I have heretofore given her Four Hundred
       Dollars in money to be paid out of my present crofs or any other
       monies belonging to my Estate after my debts are paid, and
       I give her a girl in her pofsefsian named Betsy and also a
       negro man named Jake West, and Fanny his Wife
       and her child Caroline, and their future increase and a debt
       she owes me of Twelve hundred Dollars for money advanced
       to her on account of her interest in the Estate of my
       Son Henry, I release to have and to hold Said property and
       money to the Sole and Separate and Exclusive use and behuof of
       my Said daughter Joanna free from the debt contracts and
       liabilities of her present husband or any future husband she
       may have -
Item       The Residue of my negro property not herein before mentioned
       or alluded to, I give to my Daughters Louisa        King Wife of
       Peyton King and Elizabeth Mitchell the Widow of A.J.D. Mitchell
       Decd, That is to say Man with a Woman and her six Children
       named as Collins, Charles, [Crachs?], Edward, Malinda, Duke, William,
       Celia and her two children Jordan and James a
       Woman named Mary, a woman named Lucy a Woman
       named Mariah a Womanen named Maria Lucy a Woman
       named Mariah a Woman named Charlette - Wester a man
       Isaach a man Toney a man Jocef a boy Little Wash a
       boy Littleton a man Martha a Woman Martin, a man
       John a boy Nelson a swile boy Mess [Meses?] a man and
       Isham a man, Wirth of said female Slaves, the Respective
       shares of shich my Said daughters under the this Division
       and attachment of Said Slaves (as is hereinafter provided)
       do vest in them on Such division and allotment to their
       Sole and Separate use Exclusively and free from any
       debts and liabilities and Contracts of the husband of
       Said Louisa King or any husband she may have hereaf-
       ter and free from the debts and liabilities of any husband
       said Elizabeth may hereafter have.; The mode of division
       and allotment of Said Slaves to my Said daughters under
       this item of my will is to be as between Said Elizabeth
       and Said Louisa (or in Case of the death of Either or
       both of them their personal Representatives) are each to Choose
       a person to Value Said Slaves and if the persons so selec-
       ted cannot agree upon the Valuation they are to select
       an [imfsere?] to decide between them as to the Value of the
       negrous they cannot agree about and his decision is to be
       final, In the division I desire that Reason be had to
       keeping the negroes in families but I leave to the persons
       who may divide them a reasonable discretion in
       the matter in making the allotment of Said Slaves, I
       desire and direct that the woman Margarite and her
       Children living at the time of Such Division be allotted
       to my daughter Elizabeth Mitchell at the Value that
       may then be had upon them as above directed and it
       is my Will that Each of my said Daughters Shall
       Receive and have allotted to her an        equal share in
       value of Said Slaves and their increase that may
       be living when such allotment is made and if any
       Sum of money is due from the one to the other on Such
       allotment and division to Equalise their shares in said
       Slaves the one from whome such sum is due must
       pay the sum to the other before the Slaves are delivered
       to her This gift of Slavs to my said Daughters Louisa
       and Elizabeth is in adition to any Slaves and other
       property I have heretofore given to them, -        
Item       I am a Co Security with my brother in a
       bond made by my Daughter Elizabeth as guardian for her
       infant Daughter Beulah O Mitchele in the Probate Court
       of Dallas County to save my estate harmlef and to
       protect my brother in Said bond viz William T Minter I hereby
       declare a Trust upon the property herein given to my Said
       Daughter Elizabeth Mitchele in [favor?] of my Executors and
       legatees or any legal Representative I may hereafter have and said
       Trust Shall Extend to the future increase of Said Slaves and
       Shall Continue until my estate and the Legatees under this
       Will and Said William T Minter are saved harmlefs upon
       Said guardianship bond and in the event that any lofs or
       damages is fsustained upon Said bond by any of the trustees
       aforesaid they or any of them may may enforce Said Trust
       and Said property shall remain Subject thereto unlike Such
       lofs or damages Shall be fully Refunded and when Said
       Elizabeth receives Said property She Shall only Receive
       the Same Subject to Such Trust and the title to Said property
       Shall not vest in her or her Representatives until Such Trust is
       discharged -,
Item       All the Remainder of my Estate of any kind and made
       at my death, after the payment of my debts, I give to
       my wife Elizabeth Minter as residual and legatee -
       I do hereby appoint my Brother William T Minter and
       My Son John M Minter to be the Executors of this my last
       will and testament and desire and Request that they may
       not be Required to inter into bond for the performance of
       their duties as Such Executors and I desire them as Soon
       as pofsible after my death to Settle up my estate and
       and carry out the provisions of my Will, In Witness Whereof
       I have hereunto Set my hand and Seal in the presence of
       the Subscribing Witnefses here under named Who also Signed
       their names at my Request hereby declaring and proving on
       publishing this as my last Will and Testament on this
       the Twenty Second day of December, AD 1856 in the County
       of Dallas and State of Alabama. Anthony M Minter (Seal)
       In Presence of John T. Morgan, James T. Gee --
       The State of Alabama Dallas County, Before me, Thomas
       G. Raines Judge of the Probate Court for Said County
       Personally Came James T. Gee in Openfsere Court and
       one of the Subscribing Witnefses to the fore going Will
       who just being duly Sworn Saith on oath that he
       was present and Saw A M Minter the testator Sign
       and Seal the foregoing as and for his last Will
       and Testament and that the said testator Was of Sound
       mind disposing memory at the time of Signing the same
       and that he deponent together with John T. Morgan
       Signed the Same as witnefses in the presence of the Testator
       and in the presence of Each other on this day and
       year the Same bears date James J Gee --
       Sworn to & Subscribe to before me in Open Court This 19        
       day of September AD 1859. Tho G Raines Judge of Probate
       Recorded the 21st day of September 1859.        Tho G Raines Judge

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