Alabama Wills
Nelson Higginbotham Jr. (1799-1872)
State of Alabama, Cleburne County
In the name of God, Amen, I, Nelson Higginbotham of the county and state above
written being of sound mind and memory and considering the uncertainty of this
frail and transitory life do therefore make, ordain, publish and declare this to
be my Last Will and Testament; that is to say, first after all my lawful debts
are paid and discharged the reside of my estate both real and perishable I
dispose of as follows: To my beloved wife $125., one hundred and twenty five
dollars, together with all the property she brought with her at our marriage as
is now in my possession to be her own rite and property; To my son Perry
Higginbotham's heirs, I will and bequeath one hundred dollars; To my son Talbert
Higginbotham's heirs I will and bequeath one hundred dollars; To my daughter
Hulda Kennedy's heirs I will and bequeath one hundred dollars; To my son
Hamilton C. Higginbotham I give and bequeath my single case gold watch. The
remainder of my estate real and perishable, household and kitchen furniture,
farming tools and each and everything belonging to me not otherwise disposed of
in this Will, be sold at public outcry and all the proceeds thereof be equally
divided between my son Burrel Higginbotham, my daughter Harriet Kennedy, my son
Walker Higginbotham, my daughter Ava Ann Evans, my daughter Roda Ann Wheat and
my son Taylor Higginbotham, to be divided equally between them share and share
alike. Likewise I make, constitute and appoint my said son Burrel Higginbotham
to be my Executor of this my Last Will and Testament, hereby revoking all former
Wills by me made. In witness whereof I have hereunto subscribed my name and
affixed my seal this the sixth day of January in the year of our lord 1872.
Nelson Higginbotham
The above written instrument was subscribed by the said Nelson Higginbotham in
our presence and acknowledged by him to ech of us and at the same time published
and declared the above instrument so subscribed to be his last Will and
Testament and at the Testator's request and in his presence have signed our
names as witnesses hereto and opposite our names our respective places of
residence.
Jesse T. Smith, Chulafinnee
James T. Rusk, Chulafinnee
C.T. Williamson, Chulafinnee
State of Alabama, Cleburne County
February 26th, 1872
Personally appeared before W.R. Hunnicutt, Judge of Probate, Jesse
T. Smith,
James T. Rusk and C.T. Williamson, subscribing witnesses to the last Will and
Testament of Nelson Higginbotham, deceased, who being duly sworn each say that
they were present when the Will of Nelson Higginbothm was executed, each of us
saw the testator sign his name to said Will and published the same as his Last
Will and Testament, each of us signed said Will in decedents presence as
witnesses and at his request and in the presence of each other and we believe
said testator was of sound mind and disposing memory at the time he executed
said Will. Jesse T. Smith, R.T. Rusk, C.T. Willamson.
Wm. R. Hunnicutt,
Judge of Probate