Transcribed by Bill Felknor
Here then is the Alabama Will of Clem Hancock. Enjoy."
In the name of God Amen. I Clem Hancock of the State of Alabama and County of Limestone do make and declare this my last will and testament in manner and form following.
First I resign my soul into the hands of Almighty God hoping and believing in the remission of my sins by the merits and mediation of Jesus Christ. And my body I commit to the Earth to be buried at the descretion of my Executor herein after named. And my worldly estate I give and devise as follows.
First I desire that all my debts be discharged. Also I give and devise unto my well beloved wife Ann Hancock a negro woman slave named Alsa, Simon a negro man Slave during her natural life and at her death I will and bequeath the said negro woman Alsa to my daughter Mary Phelps and the negro man Simon, to be sold and the proceeds to be equally divided between my three sons, Josiah R. Hancock, Benjamin Hancock, and William C. Hancock. I will that said have fourteen acres of land including my dwelling house, Kitchen, orchard, spring, corn crib, barn, and stables. Also thirty five acres of cleared land commencing on the branch north of Elk River thence south to the river thence running up the river a distance sufficient to make twenty five acres by running back to said branch also a mare and colt called Bellair, my wagon and young yoke of oxen, two cows and calves, of her own choosing, four head sheep, Two sows and pigs, eights shoats, my spinning machine, all my household and ! kitchen furniture, and all my fowls to have and to hold forever. Except the above Twenty five acres of land.
Also I will and bequeath unto my daughter Mary Phelps a negro woman slave Cuitha (??) and her increase from this time forward and a tract of land lying and being in the County afore said and a part of fractional Section Six Township Two Range five West commencing at the corner between the land now owned by John Arledge said fractional section running thence south to the branch thence east to the line dividing the said land from one hundred acres of land now owned by R. H. Watkins including the field lying parallel with Buck Island Road thence running north across the hill to a beech tree marked "CH" thence westerly direction to a beech marked "CH" thence South West to another beech tree marked "CH" leaving the bench or table land north of said line. Thence running a straight course to the beginning. To have during her natural life and at her death to go to her children.
Also I will and bequeath unto my son Josiah R. Hancock a Negro boy slave Marion. I forgive unto my said son J. R. Hancock all the interest I have, or might have, in the proceeds of land sold of mine by him on Sugar Creek and Piney in said County.
Also I will unto my son Benjamin Hancock a tract of land on which he now lives commencing at the corner where my land corners with William Christopher and Robt H Watkins running south to the branch thence down the branch, the branch being the line to a beech sapling from thence a straight course to the corner where my land, John Arledge and Alexander Pattersons land corner together from thence North and east to the beginning. Also a negro slave, Washington, to be used by him for the benefit of himself and family and at his death to go to his children.
Also I will and bequeath unto my son William C. Hancock a certain parcel of land the tract of which I now live all of which except (??) what has been heretofore named and disposed of lines running as follows commencing at a beech marked "CH" which has been designated as the land mark to Mary Phelps. Thence running north to where said land corners with R H Watkins thence west to the corner thence south to the branch thence down the branch the branch being the line to a small beech sapling thence a straight course to the corner west between A. Patterson, John Arledge and said land thence South to John Arledges line, thence east to the corner thence south along the line to a branch, thence to Elk River thence up the river to an Elm tree marked "W" at W R Cox old landing thence north to the branch thence down said branch to the line leaving the field on the north which I have given to Mary Phelps and lying parallel with the Buck Island Road thence north to the corner, Thence east ! to a beech marked "CH". Thence East to the beginning and at the death of my said wife the land and appurtances (??) which I give her, I will that my son William C. shall have. Also I will him my two cows and calves also a negro man slave named Harbond (??)
Also I will that all my property which I have not previously given in this will to be sold except one years provisions to my said wife and her family without allowances should the amount of sale of my property not willed be insufficient to discharge my debts, I will that the land all be kept on the farm and make another crop and if there should be an overplus, I will it to be equally divided amongst and between my wife and children.
Lastly I appoint and ordain in this my last Will and Testament Josiah R. Hancock, Dawson Phelps, and William C. Hancock my Executors. Its witness whereof I have heretofore set my hand and affixed my seal this 2nd day of November 1847.
Clem Hancock (Seal)
Signed sealed published and declared as and for the last Will and Testament of the above named Clem Hancock in the presence of us William P. Long, John C. Harrison, Saml. Flasussagaso(??)
State of Alabama Orphans Court, January 4th, 1848.
Be it remembered that on this 4th day of January 1848 before the County Court of Limestone County, setting as an Orphan Court, personally came William C. Hancock who says he is the Executor of the last Will and Testament of Clem Hancock and produced a paper purporting to be the last Will and Testament of the said Clem Hancock late of said County deceased and it appearing to the satisfaction of the Court that all the heirs of said dec'd are of lawful age and have been due notice of this application by their written consent now here to the Court shown and no one objecting to the same.
Therefore I have caused to come before me on this day William P. Song and John C. Harrison subscribing witnesses to said Will who being each duly sworn say that they were each present on the day when said will purports to have been signed by the said Clem Hancock that the signatures to said Will was acknowledged in their presence severally to be his signature and that he signed published and declared the same to be his last Will and Testament and that the said Clem Hancock at the time of signing and acknowledging the same was of sound and disposing mind and of the age of twenty one years.
It is therefore ordered adjudged and decreed that the said Will of the said Clem Hancock to be admitted to probate as the last Will and Testament of the said Clem Hancock: further ordered that the same be recorded and registered in this Court.
Test: Thomas G. Tyres Clk
The State of Alabama
I, Thomas G. Tyres, Judge of the Probate Court of said County, hereby certify that the foregoing is a True Copy and correct transcript of the last Will and Testament of Clem Hancock dec'd together with the probate had, thereon given under my hand and Seal this 23rd day of May 1854.
Thomas G. Tyres J.P.C.
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