Will of Calvin C. Sellers
   Date:         Wed, 6 Jan 1999 05:54:25 -0800 (PST)
   From:         Bill Simpson <fsumc@netpath.net>

 Non-cupative will of Calvin C. Sellers, d. March 20, 1852, Wilcox Co.,Ala.
  ~~~~~~

I have a copy of the Calvin C. Sellers will of Wilcox, Co., AL,
right in my hands even as we cyber!  It is a non-cupative will with Martha
Fairley and John J. Hawthorne acting as scribes.  The date is Mar. 20,
1852,
and we assume he died very soon (since it is non-cupative, and also was
proved Apr. 3, 1852). 

=============

The State of Alabama
Wilcox County

        Probate Court Special Term, April the 3rd, 1852.  Personally
appeared in
court Joseph D. Jenkins, Jeremiah Fail, Thomas E. McIver and William F.
Wheeler, witnesses to the foregoing non-cupative will of Calvin C.
Sellers,
late of Wilcox County, dead, who after being duly sworn [did] depose and
say
that the said Calvin C. Sellers departed this life at his late residence
in
Wilcox County on Saturday, the 20th day of March, A.D. 1852. That on
Friday
the 19th of March, the day previous to his death and in the time of his
last
sickness, he the said Calvin C. Sellers made a non-cupative will, and
called
on them the said witnesses to bear witness or words to that effect to what
he was about to utter he intended as his last will, note the following is
in
Substance the disposition he desired made with his property.  He stated
that
he was not much in debt but that he wanted his debts all first paid and
the
balance of his property to be kept together under the contract and
management of his wife.  To be managed entirely at her discretion for the
benefit of his family until such time as any of his children shall arrive
at
the age of twenty-one years, or in the case of his daughters, until any of
them shall marry. When either of his children shall arrive at the age of
twenty-one, or when either of his daughters shall marry, he desires that
such child so coming of age or marrying shall then have his or her
distribution [an] equal share of his state delivered him or her.  He
desired
that his wife should carry out his intentions and manage the whole of his
property during her widowhood, and he desired that his wife be exempt and
relieved from giving any Bond whatever as his executrix but shall control
the same without giving Bond or obligations on account of her having his
property under her control.
        He further desired that his wife should not be held to account to
or settle
with the Orphans Court for her management and possession of his Estate.
He
further directed and desired that in the event [???] under very
extraordinary circumstances shall the principal or capital stock of his
property–his Negroes to be sold or reduced by his wife or anyone else,
except mules and horses and stock wagons [?] may be sold and exchanged to
the best advantage when necessary.  In the event his wife should hereafter
marry again, he desired this his brother Daniel Sellers if then alive
should
act as Guardian of his children and take possession and manage the Estate
of
his children, and in the event of Daniel Sellers so becoming Guardian of
his
children and their Estate, he desired that he should be exempt and free
from
giving and making any Bond or obligation as such Guardian of his children.
And if Daniel Sellers should not be living at such time as my wife may
marry, then the Orphans Court shall appoint a Suitable Guardian for his
children. And should his wife marry again, he desired that she should take
off her share of the Estate to which she would under the Statute be
entitled.
        That said will was made by the said Calvin C. Sellers at his
residence in
Wilcox County where he had resided for more than ten days preceding his
death, that he the said Calvin C. Sellers was at the time of making said
will impressed with the probability of approaching death, and that he
deliberately made and declared the Same as his will and that it was
intended
as such, and we the same witnesses were called upon to bear witness to the
Same, that the said Calvin C. Sellers was at the time of making such a
non-cupative will was of sound and disposing mind and memory and over the
age of twenty-one years, that the said non-cupative will hereto attached
was
reduced to writing and signed by the said witnesses on the 24th day of
March
A.D. 1852 in four days after the death of the said Calvin C. Sellers

                                                        Jos D. Jenkins
                                                        Tho E. McIver
                                                        Wm. F. Wheeler
                                                        Jeremiah Fail