Aaron Lewis Higginbotham (1826 - 1906)

Misterhigg@aol.com

I, Aaron L. Higginbotham, being of sound and disposing mind and memory, and realizing that my bodily condition is such that it is wisest for me to express my wishes and purposes concerning the estate hereinafter set forth, do make this my last will and testament, revoking any other that may have been made by me.

I first set forth that under my father’s will (Absalom Higginbotham, Sr.) the two tracts of land I now hold consisting of about 111 ¾ and 87 ¾ acres, respectively were devised in trust for the benefit and support of myself and family, with right to distribute among my family as I by writing in the nature of a last will appoint at the time of my death.

Then also came to me subject to the same conditions of my father’s will a trust fund from the sale of the dower tract which first passed into Jas. Higginbotham’s hands as Trustee, then into the hands of Taylor Berry as Trustee, then into the hands of W. B. Rucker as Trustee, whose said fund with some accumulated interest has been since 1885.

There also came to me from 1885 to 1900, subject to same conditions of my father’s will, a trust fund from the sale of my brother Absalom Higginbotham’s Junior land and from a trust fund for his benefit, which land money and trust fund was paid into the hands of my present Trustee, W. B. Rucker, or rather my portion thereof was so paid, where it has been with some of the accumulated interest during that period.

I have in addition to the above estates and interests some personal property, of no great value, consisting of household and kitchen furniture &c, cow, calf &c, farming implements and some crop &c, which personal property is all I possess of any kind of property whatsoever.

Having set forth then what my relation is to my estate, and what that estate is, I now will and devise.

1^st. That all my debts be paid including my funeral expenses and costs of administration.

2^nd. Whatever personal property there may be belonging to me at the time of my death I will and bequeath to my wife for her sole use and benefit during her life and at her death to go to her four children, namely: Grover jay, Rufus Aaron, Mary Pearl and Wm. Myers.

3^rd. I will and devise to my wife Josephine T. Higginbotham, during her life and no longer, for the use of herself and four children above named, the two tracts of land namely, 111 ¾ and 78 ¾ acres, also allotted to me in the division of my father’s estate under his will, and after the death of my said wife to go to our four children, Grover J., Rufus A., Mary Pearl and Wm. M. equally in fee simple, and in the event of the death of any of said four children, the share or shares of the child or children dying to be equally divided among or go to the heirs or heir of the deceased.

4thly: There now remains for disposition by will the two trust funds which I have mentioned above, namely, the one from sale of dower tract of my mother, and the one from my brother Absalom’s estate, which fund as stated are in the hands of my Trustee W. B. Rucker. It is not convenient for me to state exactly how much of the two trust funds aggregate, but the two together equal nearly, if indeed not over, One Thousand Dollars in principal and my trustee has not paid the interest thereon to date and has failed to render me an accrual of either principal or interest, though often requested by me to do so.

Now in relation to there two trust funds I charge my executor, if I should fail to do so in my lifetime, to recover the principal sums with the interest due to date and divide it as I hereinafter set forth. It is my desire to recover the interest due to date on trust funds and have the amount of principal ascertained during my life time, but I may not do this. Of the amount recovered by my Executor as stated, I leave to my daughter Ida. L. Rucker, the wife of W. B. Rucker (my trustee), the said Ida L. being a child of my first marriage, one half of the amount of said trust as ascertained or recovered, not to exceed the amount of Five hundred Dollars, I desire that this money be paid by my Executor to my said daughter as her own estate, free from any claims of her husband, I think the part I am bequeathing to my daughter Ida L. should easily equal five hundred dollars, which I think is more than one-fifth of my estate excluding the widows dower, but if the funds due by trustees do not equal one thousand dollars, my daughter Ida L. is to have only one-half of said fund and no other interest in my estate. The remaining half of said fund I desire to be used in paying any debts I may leave, especially those mentioned under the first clause of my will and any doctor’s bills there may be. If any of said one-half fund remain I desire it to be invested in a team and such farming utensils as may be necessary for the running of the farm.

I name my friend Wm. Kinckle Allen as my Executor and request that he follow as closely as he can the provisions of this my last will and testament.

GIVEN under my hand this the 18^th day of January, 1906, as my last will and testament.

A. L. Higginbotham

Witness:

L. C. Pribble

J. H. Mays

Van R. Tucker

Codicil to my will just executed dated 18^th, Jany, 1906.

I failed to mention my son N. Thomas, the other child by my first marriage, who has been gone or missing since 1883, I deem him dead, but in the event that he should come forth within two years after my death I will that he be paid the sum of Twenty-five dollars out of Mrs. Rucker’s portion, and One Hundred Dollars by the other devisees. After the expiration of two years he is to have no interest in my estate.

A. L. Higginbotham

L. C. Pribble

J. H. Mays

Van R. Tucker

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