Will of James McDade 1850

I, James McDade of the County of Montgomery, in the State of Alabama, do make and publish this my last will and testament, hereby revoking and making void all former wills made by me at any time heretofore.

And first I direct all my debts be paid as soon as there is money enough belonging to my estate to do so, by a deed of trust bearing date with this my last will and testament made to my son, Alexander W. McDade and sealed by me in the presence of John W. Mitchell and Alexander Curtis and Robert S. Wilson the inscribing witnesses. I have set apart a portion of my (estate) property for the use and benefit of the five following named children of mine and their heirs, i.e. Henrietta Campbell, the wife of Thomas Campbell, William McDade, Martha Tatum, the wife of Henry Tatum, Alexander W. McDade, the trustee and Nancy E. McDade the wife of James McDade.

In consideration of the love and affection which I bear to my two youngest children and not mentioned in this deed of trust aforesaid that is to say Helen Unity McDade and Richard M. W. McDade, and to my beloved wife Sarah McDade, I give and bequeath the following named real and personal property and Estate, that is to say the south half of section Twenty (except sixty acres of it which I have heretofore made a deed for, to my son Alexander W. McDade) the South half of section Twenty-one and the North half of Section Twenty-eight all of which is in Township Sixteen and of Range Twenty, containing nine hundred acres more or less, and the following named negro slaves, Moses, Missy, Cary Ann, Charles, Henderson, Archy, Limas, Isham, Vincent, Eliza, Maria, Ion, Harriet, Catharine, Martha, Ian, William, Calvin, Jordan, Minerva, Lizzy, Jane, together with the stock of every kind belonging to the plantation on which I now reside, will all the farming utensils and tools and implements of every kind on said plantation. Also the crops that may be made on the said plantation this present year. Also five hundred bushels of corn, if so much may be made on my prairie plantation that is mentioned in my deed of trust, aforementioned, the present year, and I request my executory to deliver the five hundred bushels of corn at the at the cribs of my present residence as soon as possible after the same is gathered from the fields and the entire crop of cotton that may be made in the present year on my prairie plantation, except one eighth part of the same, which by agreement with my son William McDade, he is to have for his services as overseer on the said plantation the present year and this agreement between William and myself applys to the cotton, corn, potatoes, peas and all things that may be grown on said plantation for the present year and this said eighth part of all the crops I direct is to be set apart as a fulfillment of the agreement between William and myself first and before the other provisions of this instrument shall be attempted to be carried out. And it is my wish and desire that all property given by me by this my last will and testament to my daughter Helen Unity McDade in case she should marry shall be held by her in her own name for her separate use and benefit free from the control, debts, and contracts of her husband. And if Helen or Richard or both of them should die and not leaving of their body or bodies, as the case may be, the property as their portion mentioned in this my last will and testament, I direst is to be vested in my son Alexander W. McDade in accordance to and agreeable with a deed of trust which I have made bearing date of this day, month and year, and witnessed by x_____________ ____________, for an equal distribution amongst my sons and daughters mentioned in said deed of trust according to the terms thereof
and general directions of the same and of such property Helen or Richard surviving the other will receive a portion of the same agreed with those mentioned in the trust deed.

And the property set apart by this my last will and testament for my wife is for her use and benefit during the continuance of her life and st her death the property is to vest in Alexander W, McDade as trustee for the benefit of all of my children according to the terms of the deed of trust mentioned above. Except the household and kitchen furniture and all perishable property which property I give to my wife absolutely to be disposed of by her in any manner she may think proper to do. Helen and Richard to share and share alike in such property as may at the death of my wife vest in Alexander W. McDade as trustee i.e. with those who I have already mentioned in the deed of trust.  

I also direct that after all my debts have been paid the first sufficient sum of money belonging to my estate shall be used in the purchase of a young negro carpenter for my son Richard and request that my executor will keep all of the property mentioned in this my last will and testament for my wife and for my two youngest children, Helen and Richard together or as much of it together as possible keeping up the plantation cultivating of it and making such disposition of it as may seem to them most advantageous and investing the proceeds thereof for the benefit of the children, Richard and Helen after my wife has taken so much as may properly belong to her under this my will and when Helen and Richard have arrived to their majority of years, then the property I have willed to them jointly may be equally divided between them with all of its increase.  

I hereby appoint my beloved wife and my son A. W. McDade the Executor of this my last will and testament and request them to accept of the said appointment.  

Given under my hand and seal at my residence in full possession of my reasoning faculties this the 25th day of May A. D. one thousand eight hundred and fifty.
James McDade

 
Signed sealed in the presence

Of the following witnesses;

John W. Mitchell

Alex Carter

Robert O. Wilson