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Will of Anthony Morgan Minter, Dallas County, Alabama, 1859

Transcribed by Sonja Graham

January 23, 2010

Transcriber's note: Anthony Morgan Minter was born October 13, 1776 in Pittsboro, Chatham County, North Carolina and died July 22, 1859 in Vienna near Burnsville, Dallas County, Alabama. He is believed to be buried on his estate located off Mulberry Creek. Anthony Morgan Minter was the son of Morgan Minter and Joanna (Rutherford) Minter; the grandson of John Oliver Minter and Elizabeth Michaux (Morgan) Minter and the grandson of Robert Rutherford, Sr. and Dorothy Ann (Brooks) Rutherford. He married Elizabeth Harris in 1811 in Washington County, Georgia. This branch of the Minter family migrated from Bedford County, Virginia to Chatham County, North Carolina, to Jones and Washington County, Georgia before settling in Dallas County, Alabama.The Minter family owned many slaves in the Dallas County, Alabama communities of Burnsville, Tyler, Pleasant Hill, and Selma.

Source: Dallas County Alabama, Probate Court, Will Book B, 1850-1871, Page 192

Anthony M. Minter Will, I, Anthony M Minter do make ordain and Publish this to be my last Will and Testament hereby Revoking all other Wills and Codcils heretofore made by me and declaring the Same of mine effiet,-

Item I have during the present year made a Deed to my Brother William T. Minter as Trustee for my wife Elizabeth, in which - I have Settled certain Real Estate and personal property upon my Said brother in Trust for my Wife, I hereby fully Ratify and Confirm Said Deed and direct my Executors to see that the provisions of the Same are faithfully carried out - It is my Will, that Said Elizabeth my Wife shale have the full power after, my death to dispose of said property as she may desire to dis charge Said trustee or appoint an other in his place at any time she may decide to do so I give to my wife Elizabeth the proceeds of the Cotton crops grown on my home place during the year 1856,

Item I leave heretofore given to my Son John M Minter Certain Real and personal Estate described and set forth in a deed of gift Executed by me to him and delivered to him and which he has filed for Record in the office of the Judge of Probate for Dallas County, I hereby fully Rectify and Confirm Said Deed of gift in all things giving to my Said Son the property and the increase thereof named in Said Deed and I Direct my Executors To See that the same is carried out, My Son John M Minter and myself have been farming in Copartnership on the land he now lives upon and all accounts between us are Considered as being settled up to the year 1856, and any notes I hold upon him are to be delivered up to him For the year 1856, I have had Eight negroes on his place which are conntracts [counted?] as Seven hands, and John has had negrous Connted as Sixteen hands, I only claim a portion of the Cotton Crops Raised on Said place in 1856 to be accordance by the proportion the number of hands Each of us have there as above Stated to the whole number I give to my son my interest in all other crops Raised on Said place in 1856. My son John has Relinquished to me a negro man named Cornelius and in the place of Said negro and in Consideration of Such Relinquishment, I have given him and do hereby give to him a negro man named John., In the deed of gift made to John M Minter there are three old negroes viz Harry Henry and Porter I give these negroes to my Son so that he might have these slaves and provide for them in their old age and as they may become a Charge upon him, I now give him a Woman named Mary and her three Children viz Virginia, Louisa and an infant boy Child with the future increase of the females to compensate him for the Care of Said the old negroes whatever mules or stock I may have on the place John is now living upon I give to him -

Item The property given by Said Deed of gift to my Wife Elizabeth and to my son John M Minter, I give to them Respectively under this Will and that property and increase together with the other property given to them Respectively in this Will is to be Considered in full Satisfaction of all their Respective Claims upon my Estate. -

Item I give to my daughter Caroline Wife of Hugh Ferguson in addition to what I have heretofore given her a Negro man named Cornelius and Sylvia his Wife and her four Children with their future increase to the Sole and Separate use and behuof of the Said Caroline free from the debts Contracts and liabilities of her present husband or of any future husband she may have. -

Item I give to my daughter Mary Nichol Wife of Robert A Nichol in addition to what I have heretofore given her (including negroes Rosetta and Sarah) Joe Shield and a negro man to the Sole and Separate use and behuof of Said Mary, free from the debts or liabilities and Contracts of her present husband or any future husband She may have The negroes Rosetta and Sarah are now in the pofsefsian of my Daughter Mary -

Item I give to my daughter Joanna Williams Wife of George Williams in addition to what I have heretofore given her Four Hundred Dollars in money to be paid out of my present crofs or any other monies belonging to my Estate after my debts are paid, and I give her a girl in her pofsefsian named Betsy and also a negro man named Jake West, and Fanny his Wife and her child Caroline, and their future increase and a debt she owes me of Twelve hundred Dollars for money advanced to her on account of her interest in the Estate of my Son Henry, I release to have and to hold Said property and money to the Sole and Separate and Exclusive use and behuof of my Said daughter Joanna free from the debt contracts and liabilities of her present husband or any future husband she may have -

Item The Residue of my negro property not herein before mentioned or alluded to, I give to my Daughters Louisa King Wife of Peyton King and Elizabeth Mitchell the Widow of A.J.D. Mitchell Decd, That is to say Man with a Woman and her six Children named as Collins, Charles, [Crachs?], Edward, Malinda, Duke, William, Celia and her two children Jordan and James a Woman named Mary, a woman named Lucy a Woman named Mariah a Womanen named Maria Lucy a Woman named Mariah a Woman named Charlette - Wester a man Isaach a man Toney a man Jocef a boy Little Wash a boy Littleton a man Martha a Woman Martin, a man John a boy Nelson a swile boy Mess [Meses?] a man and Isham a man, Wirth of said female Slaves, the Respective shares of shich my Said daughters under the this Division and attachment of Said Slaves (as is hereinafter provided) do vest in them on Such division and allotment to their Sole and Separate use Exclusively and free from any debts and liabilities and Contracts of the husband of Said Louisa King or any husband she may have hereaf- ter and free from the debts and liabilities of any husband said Elizabeth may hereafter have.; The mode of division and allotment of Said Slaves to my Said daughters under this item of my will is to be as between Said Elizabeth and Said Louisa (or in Case of the death of Either or both of them their personal Representatives) are each to Choose a person to Value Said Slaves and if the persons so selec- ted cannot agree upon the Valuation they are to select an [imfsere?] to decide between them as to the Value of the negrous they cannot agree about and his decision is to be final, In the division I desire that Reason be had to keeping the negroes in families but I leave to the persons who may divide them a reasonable discretion in the matter in making the allotment of Said Slaves, I desire and direct that the woman Margarite and her Children living at the time of Such Division be allotted to my daughter Elizabeth Mitchell at the Value that may then be had upon them as above directed and it is my Will that Each of my said Daughters Shall Receive and have allotted to her an equal share in value of Said Slaves and their increase that may be living when such allotment is made and if any Sum of money is due from the one to the other on Such allotment and division to Equalise their shares in said Slaves the one from whome such sum is due must pay the sum to the other before the Slaves are delivered to her This gift of Slavs to my said Daughters Louisa and Elizabeth is in adition to any Slaves and other property I have heretofore given to them, -

Item I am a Co Security with my brother in a bond made by my Daughter Elizabeth as guardian for her infant Daughter Beulah O Mitchele in the Probate Court of Dallas County to save my estate harmlef and to protect my brother in Said bond viz William T Minter I hereby declare a Trust upon the property herein given to my Said Daughter Elizabeth Mitchele in [favor?] of my Executors and legatees or any legal Representative I may hereafter have and said Trust Shall Extend to the future increase of Said Slaves and Shall Continue until my estate and the Legatees under this Will and Said William T Minter are saved harmlefs upon Said guardianship bond and in the event that any lofs or damages is fsustained upon Said bond by any of the trustees aforesaid they or any of them may may enforce Said Trust and Said property shall remain Subject thereto unlike Such lofs or damages Shall be fully Refunded and when Said Elizabeth receives Said property She Shall only Receive the Same Subject to Such Trust and the title to Said property Shall not vest in her or her Representatives until Such Trust is discharged -,

Item All the Remainder of my Estate of any kind and made at my death, after the payment of my debts, I give to my wife Elizabeth Minter as residual and legatee -

I do hereby appoint my Brother William T Minter and My Son John M Minter to be the Executors of this my last will and testament and desire and Request that they may not be Required to inter into bond for the performance of their duties as Such Executors and I desire them as Soon as pofsible after my death to Settle up my estate and and carry out the provisions of my Will, In Witness Whereof I have hereunto Set my hand and Seal in the presence of the Subscribing Witnefses here under named Who also Signed their names at my Request hereby declaring and proving on publishing this as my last Will and Testament on this the Twenty Second day of December, AD 1856 in the County of Dallas and State of Alabama. Anthony M Minter (Seal)

In Presence of John T. Morgan, James T. Gee --
The State of Alabama Dallas County, Before me, Thomas
G. Raines Judge of the Probate Court for Said County
Personally Came James T. Gee in Openfsere Court and
one of the Subscribing Witnefses to the fore going Will
who just being duly Sworn Saith on oath that he
was present and Saw A M Minter the testator Sign
and Seal the foregoing as and for his last Will
and Testament and that the said testator Was of Sound
mind disposing memory at the time of Signing the same
and that he deponent together with John T. Morgan
Signed the Same as witnefses in the presence of the Testator
and in the presence of Each other on this day and
year the Same bears date James J Gee --

Sworn to & Subscribe to before me in Open Court This 19
day of September AD 1859. Tho G Raines Judge of Probate
Recorded the 21st day of September 1859. Tho G Raines Judge

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