Washington Hutchinson
Last Will and Testament
Livingston, Sumter County, Alabama
April 18, 1845


Transcribed: 01-Oct-2000
by Thomas H. McKnight III
great, great, great grandson of Washington Hutchinson
Oviedo, Florida

Note: Thanks to Martha Grace for making copies of the original will at the courthouse in Livingston, and mailing them to me.

Note: From the book of wills, there is an original copy of Washington Hutchinson's will and a just slightly more readable copy of the original will. The formating preserved here is from the copy of the original.


page 273
Washington Hutchinson -- The State of Alabama
Last Will & Testament -- Sumter County
I Washington Hutchinson of said county of
Sumter and State of Alabama being of sound
and disposing mind do make and ordain and publish
this my last will and testament hereby revoking
all former wills by me made. I direct my
body to be decently buried and I dispose
of my property and Estate as follows---
First I direct my funeral expense
and debts to be paid out of the first
money that may come to the hands of my
executors from the increase of any of my
property.-
Secondly I give and bequeath to
my executors herein after named, a negro
girl named Ann aged about sixteen
years, in Trust for the use & benefit of my
Grand Daughter Virginia Ann Neal, child
of my deceased Daughter, Joanna, late
wife of James Neal; to have and to hold
said slave on trust as aforesaid with
my said Grand Daughter shall become
of age, or marry, on the happening
of which event, said slave to ?vest?
absolutely in my said Grand Daughter
her executors and administrators. Should
my said Grand Daughter die before

page 274
she shall arrive at age or marry then
said slave to revert to my estate or
to ?descendants? and be disposed of, as to
rest of my ??????? Estate, not
hereafter specially bequeathed, is ?directed? to
go.
Thirdly I hereby ratify and confirm
a gift previously made to my
daughter Sarah Manson?? of a negro
girl named Martha, also of a bed
& furniture and a saddle and Bridle.
Also I hereby ratify & confirm a gift
by me previously made to my daughter
Susan McKnight of a negro girl named
Francis, also of a bed & furniture & a
Saddle & Bridle, also I hereby ratify &
confirm a gift by me previously made
to my daughter Elizabeth ?Summerlin?
of a negro girl Jane, a bed & furniture
& a Saddle & Bridle. I also ratify and
confirm a gift by me previously made to my
Daughter ??lda Baines of a Bed & fur-
niture & a Saddle & Bridle, and I
give to my said Daughter ???
a young negro worth four hundred
dollars to be by her chosen from
my slaves. Said choice however to meet the
approbation of her mother my wife. Should

page 275A
?quine? that all my estate not specially
bequeathed be equally divided among my
children and my before mentioned Grand
-children, and should either of my children
or my said Grandchild be then dead leaving
issue it is my will and desire that the
child, or children of such deceased child
or Grandchild take into or their parents
share.
Should either of my children or Grand
-child die without issue, I declare it
to be my will that any property going
to such decendent by this will by special
or general ?legcey?, bequest or devise go
and deceased to the surviving of my child-
ren & Grand-child or their issue they
being dead.
I wish and empower my said Executors
to keep my Estate together until
the proceeds may pay my debts should
I leave any and not leave money enough
to discharge them, but I do not wish my
?legatus? & devices to be delayed in the en
-joyment of the legacies bequests and de-
-vises herein ???? them longer than may
be absolutely necessary. And should it be
necessary for my executor to retain my
Estate for any time for the payment of my

page 276
debts (which I do not expect will be necessary)
I wish my wife & any of my children that may
be single & my said Grand-child should she
be single or the representatives of any of them,
should any be dead, to be in the mean
time comfortably & decently supported from
my estate. They enjoying as full posses-
-ion as may be consistent with the employ-
-ment of my property for the payment
of my debts.
I hereby nominate ?constitute? and
appoint my sons in law Robert Mason and
Francis H. McKnight my executors to
this my last will and testament.
For testimony of all which I have
here unto set my hand & affix my
seal this the eighteenth day of April AD
1845.
Signed sealed and -- Washington Hutchinson
delivered in presence
of
Robert W. Smith
J. Lattle Smith
Robly Guge


Estate of - The State of Alabama Sumter County
W. Hutchinson Dec. - Know all men by these presents, that we Robert Mason
John McKinnis and R. H. Whitfield are held and firmly bound unto Anthony
W. Dillard judge of Probate for said county, in the sum of forty Thous-
and Dollars, to be paid to the said judge or to his successors in office. For which
payment, well and truly to be made we bind Ourselves, our Heirs, Executors
and administrators, jointly and severally firmly by these presents, sealed with our
seals, this 17" day of November 1857.
The condition is such that whereas the above bound Robert Mason has been ap-
pointed special administrator of all and singular the goods and chattels, right a
and credits of Washington Hutchinson deceased.
Now if he shall well and truly perform all the duties which are or may
be required of him as such administrator then the above obligation to be void
other wise to remain in full force.
Signed, sealed acknowledged and Robert Mason
delivered in open court John McInnis
attest A. W. Dillard ??? R.H.Whitfield
approved November 17" 1857
A W Dillard judge
The State of Alabama
of Sumter County I A. W. Dillard judge of the Probate court of Sumter
County certify that letters of special administration on the estate of
Washington Hutchinson were on the 17" day of November 1857.
granted Robert Mason, who has duly qualified and given bonds as ???
and is authorized to administer such estate.
Dated this 17"day of November 1857 A. W. Dillard judge

Estate of November 1857 Special Term
Washington Hutchinson Upon application it is ordered and decreed
that Robert Mason be and he is hereby appointed special admin-
istrator of Washington Hutchinson late of said county to continue until
the will of said deceased shall be probated, and that letters issue
to him accordingly he having given bond in the sum of Forty
Thousand dollars with John McInnis & R.H. Whitfield as securities which
bond is approved & ordered to record and file, and John McKinnis
W. G. ?oh?son and De??? Cockerell are hereby appointed to appraisal
the goods and chattel of said deceased.


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