Family:Willis Magee and Asha Scott (1)

Will of Willis Magee, Franklin County, Mississippi, 21 July 1825/August 1827: In the name of God Amen---I Willis Magee of Franklin County and state of Mississippi, planter, being of health of body and sound mind and memory and understanding praised be God for the same do make this my last will and testament in manner following: I give & bequeath to my beloved wife five negroes to wit. Toney, Nancy, Isaac, the larger Chery and Rose, likewise all the stock of every description, household and kitchen furniture of what kind soever---as also the crop that may be growing at the time of my death or housed on the premises together with all the plantation tools to have hold and enjoy the property above specified during her natural life and after her death to be equally divided among all my sons with the exception hereinafter named with regard to Rose, and it is the intent of this my bequest to my wife to enable her to live comfortably during her life to pay all my just debts to board school and clothe the children that are in their minority; To my son Lewis I give one negro woman by the name of Cherry together with her three children and future increase; I do give unto my executors hereinafter named to and for the use and benefit of my three grand children the descendants of my son Jonathan decd. whose names are Needham, Louisa, and Frances one negro boy by the name of Samuel and one girl by the name of Delaney and if the above named grand children die without lawful issue of their bodies, in that event it is my desire that the aforesaid negroes with their posterity be equally divided among my lawful heirs; To my Executors in trust for the use and benefit of my daughter Penelope I do give one negro girl by the name of Letty and one boy by the name of Cyrus to be equally divided among her children after her death, and should her children die without lawful issue the said negroes to revert back to my lawful heirs; To my executors in like manner for the use and benefit of my grandson Willis Byrd I give two negroes whose names are as follows to wit. Frank & Susan, and in case he should die without an heir lawfully begotten then the aforesaid negroes to revert back to my lawful heirs; to my son Duncan I give and devise one negro boy by the name of Fortain and all my land lying on the south side of the creek adjoining Joseph Porter it being a part of two greater sections one of which I entered, the other I purchased from David Williams, to have and hold the same to him and his heirs forever---and furthermore it is my desire for them and executors are hereby requested to purchase for him in addition to what I have herein before given, one other negro of the valuation of six hundred dollars; To my son William I give one negro boy named Newton and devise to him all my land on the west side of the Homo Chitto River on which there is a small improvement; I also give him one bridle and saddle, one bed and furniture, to have and hold said property to him and his heirs forever; To my son Joseph I give ["and bequeath" is scratched out] one negro named Bob, one horse bridle and saddle, one bed and furniture; To my son Hugh I give one negro boy called Henry also one horse bridle and saddle, one bed and furniture; To my son Owen H. I give one negro boy called Prince, one horse bridle and saddle, one bed and furniture; To my son Philip I give three negroes whose names are as follows, Maria, Jack, and Rose after the death of his mother to whom I have given a life estate in the said Rose, also one horse bridle and saddle, one bed and furniture; All the remainder of my land I wish to be equally divided between my three sons Joseph, Hugh, and Owen H. at the death of their mother, it being my intention to allow her a life estate in the balance of my land heretofore indisposed of---In case any of the negroes that I have left to my wife should become unmanageable, my executors have liberty to sell them at private or public sale as they may think most expedient and purchase with the money others in their place; My wife is to keep all the property until my debts are all paid; I do hereby make, nominate, co[n]stitute and appoint my three sons to wit. Lewis, Duncan and Owen H. my executors of this my last will and testament and hereby revoking and making void all and every other will and wills at any time heretofore by me made and do declare this to be my last will and testament---In witness wher[e]of I have hereunto set my hand and seal the twenty first day of July in the year of our Lord one thousand eight hundred and twenty five; Signed, sealed, declared and published by the above named testator Willis Magee as and for his last will and testament in the present of us who at his request and in his presence have subscribed our names as witnesses,
Gabriel Scot Willis Magee
James Harrington
Joseph Scott