Thomas Henry Treadaway Will
06 Jan 1864
Donated by Claudia J. Treadway
Cleburne Co., Alabama
I, Thomas Treadaway, of the County and state aforesaid make this my last. [will] I give, devise and bequeath my estate and property, real and personal, as follows, that is to say, that being of sound mind and memory and of understanding sufficient to make this my will and request.
Item 1st: I give my soul to God who gave it.
Item 2nd: I give to my executors all of my property which has not been disposed of by me before my death, and request that it be disposed of in the following manner, to wit: that they pay all my just debts and then make the disposition and distribution as herein of expressed.
Item 3rd: That having made a deed of conveyance bearing date the 24th of June 1871, for the certain lots of land to wit: lots nos. 14, 19, 22, and 23 and the west half of lot no. 15 in section 31, Township 12 of Range 12, containing in the aggregate of 180 acres to Larkin B. Treadaway, which deed has been this day executed and delivered for the consideration as therein expressed and which is not now subject to disposition to any other person or persons, whomsoever.
Item 4th: I give to my beloved wife, Nancy Treadaway, the land, houses and the use and possession of all the appurtenances of the premises on which I now live to be held, used and possessed by her during her natural life or widowhood, that is my expressed will and request that my said wife have the use and benefit of the farm and it’s appurtenances without restraint or limit together with the use of such horses, mules and carriages as she may desire, during her life or widowhood. If I die before she does, it is my request that she retain the possession, use and occupation of my house and sufficient support from the plantation and then that my executors take charge of the remainder of my property which has not been disposed of by me.
Item 5th: It is my expressed desire and request that my executors take charge of my property, real and personal and after assigning off to Larkin Treadaway, as described in Item 3rd, and that set apart for Nancy Treadaway, as described in Item 4th, then that they, my executors sell either at public or private sale, whole of the remainder of my siad property, collect the money and divide it in six equal parts as follows: to my beloved son, James M. Treadaway, one share; to my beloved son, William O. Treadaway, one share; to my beloved son, Thomas D. Treadaway, one share; to my beloved son, Richard B. Treadaway, one share; and to my beloved daughters, to wit: Mary E. Waites, one share; and to Kaziah Ann Henderson, one share, to be paid to them and each of them respectively as soon as collected after deducting legal commissions and fees for services and necessary expenses.
Item 6th: I make and hereby appoint James M. Treadaway and Thomas D. Treadaway my executors and most respectfully request that they take charge of my property and make disposition according to this my last will.
Item 7th: It is my will and request that my said executors qualify and act without security to the Probate Court or any other person. In witness whereof I have hereunto set my hand affixed and set my seal to this instrument and published and declared the same as and for my last will, hereby revoking all other wills, on the twenty fourth day of June, eighteen hundred and seventy one.
Thomas (his “x” mark) Treadaway
Witnesses: Andrew Williams
The following codicil was signed, sealed and acknowledged in our presence and at the special request of the said Thomas Treadaway, witnessed the same and set our hands the 21st August, 1871..
State of Alabama
Cleburne County
I, Thomas Treadaway, of the county and state aforesaid, do make this my codicil, thereby confirming my last will made on the twenty-fourth day of June 1871. So far as this codicil is consistant therewith and do hereby specify and state how and in what manner the distribution of my estate shall take place after my death and at the final settlement and distribution among my children as named in my said will. That having given or advanced to my son, James M. Treadaway, two hundred and fifty dollars; to my sons William O. Treadway and R. B. Treadaway, five hundred dollars each; to T. D. Treadaway three hundred fifty dollars and to my daughters, A. K. Henderson and M. E. Waits, each five hundred dollars, it is my request by this codicil that those respective sums be deducted from their shares before they draw and that after said deductions they can draw equal.
This 21st day of August 1871
Thomas (his “x” mark) Treadaway
State of Alabama
Cleburne County
The within named Thomas Treadaway signed and sealed this instrument and published and declared the same as and for his last codicil and we in his presence and at his request and in the presence of each other, have hereunto subscribed our names as witnesses this 21st day of August 1871.
James Bell
Marion Sewell
Pitman Lumpkin
State of Alabama
Cleburne County
In the Probate Court for said county, January 6, 1874, personally appeared in open court, Andrew Williams, a subscribing witness to the last will and testament of Thomas Treadaway, deceased, and MARION SEWELL, a subscribing witness to a codicil to the last will and testament of Thomas Treadaway deceased, here profounded for probate in this court, who being duly sworn, each say that Thomas Treadaway executed the paper writing here presented which their signatures respectively appears their presence and in presence of the other subscribing witnesses respectively of said will and codicil thereto signed their names to said will and codicil in the presence of the said Thomas Treadaway, deceased, and at his request, and further that at the time of the execution of said will and codicil thereto we believe the said testator was of sound mind and memory and of the age of twenty-one years and at the time he executed the said paper writing, he published and declared same to be his last will and testament.
Sworn to and subscribed before me this 6th day of January A. D. 1874
W. R. Hunnicutt
Judge of Probate
Marion Sewll
Andrew (his “x” mark) Williams
State of Alabama
Cleburne County
I, W. R. Hunnicutt, Judge of Probate in and for said county and state, do hereby certify that the within will and testament of Thomas Treadaway, deceased, has been this day duly proven before me in said court and duly recorded together with the proof thereof in my office in Book of Wills, Vol. I, No. A. In witness whereof I have hereunto set my hand and seal.
This 6th day of January A. D. 1874
W. R. Hunnicutt
Judge of Probate
Cleburne County, Alabama