HOLMES COUNTY MS - WILL BOOK 1 BOOK 1 PAGE 78

Interpreted from white on black copy of original will

9/5/00 JW Schmidt

B CHILTON OVERSTREET WILL

Be it remembered at a regular term of the Probate Court of Holmes County begun and held at the Courthouse thereof on Monday the 3rd day of April 1848 the following testimonial of writing proported to be the last will and testament of B Chilton Overstreet late of said county was produced in open court and proved by the oaths of Morgan L Fitch and Wellington Jenkins subscribing witnesses thereof and ordered to be admitted to Probate ______to be accorded in the ______figures following to wit

I B Chilton Overstreet of the County of Holmes and state of Mississippi being weak in body but of sound and disposing mind and memory and considering the uncertainty of life and the certainty of death do make and

publish this my last will and testament.

1stIt is my wish and desire that my executers shall settle my funeral expenses and pay all of my just debts as soon as convenient.

2ndI give and bequeath unto my brother Johnson Overstreet and to his heirs my negro man Andy valued by me at seven hundred and fifty dollars. I also give and bequeath to my said brother and his heirs the sum of three hundred fifty dollars to be laid out in the purchase of a negro girl and in no other way.

3rdI give and bequeath unto the children of my brother William Overstreet including those that may be hereafter born my negro man Lewis valued by me at four hundred dollars. I also give and bequeath to said children the sum of six hundred dollars to be laid out in the purchase of a negro woman or woman and child and in no other way.

4thI give and bequeath to my sister Mary Morrison and to the heirs of her body my negro man Dick valued by me at seven hundred fifty dollars and also

BOOK 1 PAGE 79

the sum of eight hundred and fifty dollars to be laid out in the purchase of a negro woman and child or children and in no other way.

5th I give and bequeath to my sister Ardelia Morrison and to the heirs of her body my negro man Prince and negro woman Mahala and their four children valued by me at sixteen hundred dollars

6thI give and bequeath to my brother Cerestus Overstreet my negro man Mitchell valued by me at eight hundred dollars and also the sum of eight hundred dollars in money.

7thI give and bequeath to my brother Comindes Overstreet my negro man Lei valued by me at seven hundred fifty dollars and also my negro woman Phillis his child valued by me at seven hundred and fifty dollars also my negro man Henry and one hundred dollars in money.

8thIt is my wish and will that the rest and residue of my estate not herein before specifically devised shall be equally divided between my two brothers Cerestus and Comindes Overstreet

9thIt is my wish and will that the division of my estate shall be made as soon after the 1st of January next as practicable.

10thI do hereby appoint my brother Cerestus Overstreet and my friend Thomas Haines Executers of this my last will and testament. In witness whereof I B Chilton Overstreet have hereunder set my hand and affixed my seal this 9th day of March AD 1848.

Witness

Morgan L FitchBC Overstreet [SEAL]

Wellington Jenkins

THE STATE OF MISSISSIPPI ] In the Probate Court of said County

HOLMES COUNTY ] At the April term AD 1848

In the matter of a certain instrument of writing proporting to be the last will and testament of B Chilton Overstreet deceased

Be it remembered that at a term of the Probate Court of the County of Holmes in the state aforesaid begun and held at the Courthouse in the said county on the first Monday of April AD 1848 personally appeared in open court Morgan L Fitch and Wellington Jenkins subscribing witnesses to a certain document of writing proporting to be the last will and testament of B Chilton Overstreet late of said county deceased bearing date the 9th of March AD 1848 who having been first duly sworn deposed and said that said B Chilton Overstreet signed sealed published and declared said instrument was his last will and testament in the presence of these deponents on the day of the date thereof that said testator was then of sound disposing mind and memory and more than twenty one years of age and that these deponents subscribed said instrument as witnesses thereof at the instance and request and in the presence of said testator and also in the presence of each other on the day and year aforesaid.

Sworn to and Subscribed in Morgan L Fitch

open court the 3rd day of April AD 1848 Wellington Jenkins

______Clk

Received and on the testimony of the aforesaid subscribing witnesses ordered to be admitted to Probate April 3rd 1848 A Wilson Judge