Wednesday, December 21, 2022

The Last Will & Testament of Abraham Mastin Cook

The last will and testament of me Abraham Mastin Cook, of the County of Wilcox and State of Alabama, being of sound mind at the time of making and publishing this my last will and testament, I give and devise to my beloved wife, Eliza Cook, the lands known as the McBryde lands together with all appurtenances thereunto belonging, including my present residence; Also one hundred and sixty acres of land, to wit The North east Quarter of Section Eight in Township eleven and range nine, being part of the lands known as the "Daniel tract" to have and to hold the said lands to her separate use for the term of her natural life, and at her death the above described lands to revert to my children hereinafter named, I also give and devise to my said wife, Eliza Cook, the following personal property to wit: All my household and Kitchen furniture, ten head of cattle and two horses, such as she may elect of my stock, and the sum of five hundred dollars  in money, for her separate use and behoof. I also give and devise such family supplies, provisions and provender as she may deem necessary for the support of herself and family for the space of twelve months from the date of the probate of this my last will and testament. The balance of my estate, real and personal monies and choses inaction, whereof I may die seized and possessed, I give and devise to my beloved wife Eliza Cook and to my friend and brother John Miller to have and to hold the same to themselves their heirs and assigns forever upon the uses and trust following namely:

              Intrust to pay all my debts and funeral expenses.
Secondly, the balance of my said estate equally to divide between my four children to wit: Albert, Elizabeth Knox, Tabitha Jane, and Mary Caroline. If either of my children shall have died before such division leaving lawful issue, such issue to receive the parents share but if there be no issue then such share to fall into the general fund to be divided among the survivors in the manner before directed.
       And I hereby nominate, constitute and appoint my said Trustees Eliza Cook and John Miller, Executrix and Executor of this my last will and testament confiding fully and firmly in the full integrity and honesty of my said Executrix and Executor I do hereby direct that they be not required to give bond or held responsible to any Court for the correct and proper performance of their duties as said Executrix and Executor of this my last will and testament.
              In witness whereof I have hereunto subscribed my name and affixed my seals this the thirtieth day of November A.D. Eighteen hundred and sixty-seven.    
                                                                                           A. M. Cook {Seal}
 
Signed sealed and published and declared by the said A. M. Cook (page 372) as and far his last will and testament in the presence of us who at the request of the said A. M. Cook, and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. This the 30th day of Nov. A. D. 1867.
                                                                                           E.D. M. Daniel
                                                                                           Jas H. Pressly
                                                                                           F. A. Dulany
 
State of Alabama}  Probate Court of said County.
Wilcox County}
 
In the matter of Probate} 

of the last will and Testament} 

 of A. M. Cook, deceased} Before me J. H. Burdick Judge of the said Court, personally appeared in open Court, E.D.M. Daniel and F. A. Dulany who having been by me first respectively sworn and examined, did and do depose and say on oath that they are each subscribing witnesses to the instrument of writing now shown to them and which purports to be the last will and testament of A. M. Cook deceased, late an inhabitant of this county that said A. M. Cook since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be his last will and testament, and that affiant set their signature thereto, on the day the same bears date as subscribing witnesses to the same in the presence of said testator; That said testator was of sound mind and disposing memory, and, in opinion of deponent, fully capable of making his last will at the time the same was so made, as aforesaid. Affiant further state that said testator was, on the day of said date of said will of the full age of twenty-one years and upwards.-----

Subscribed and sworn to before me}                         E.D.M. Daniel
on this the 25th day of March 1868}                           F. A. Dulany
                     J. H. Burdick
                     Judge of Probate
 

Abraham Mastin Cook was born 16 April 1812 in Chesterfield, SC, a son of Daniel Cook and Ruth Moultrie. He married Eliza Pressly on 20 May 1846 in Abbeville County, South Carolina. Abraham and Eliza had four children. He died 16 January 1868 in Wilcox County, Alabama.  


 Abraham Mastin Cook is my 1st Cousin 6X Removed. 




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https://www.ancestry.com/imageviewer/collections/8799/images/007651228_00396?usePUB=true&_phsrc=Iou211&_phstart=successSource&usePUBJs=true&pId=2686789

Will Book 5, Pages 371 & 372; Wilcox County. Alabama

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