Will of Ebenezer Ford
Submitted by Tommie Phillpott
Considering the uncertainty of life and the many difficulties that arise in the distribution of Estates and final settlements of the same, I Ebenezer Ford being now in good health, and of sound mind and direction: Do make constitute and write with my own hand this my last will and testament; of all my estate, real, personal, mixed and of every description what ever; in the manner following to wit.
First I direct that all my just debts shall be paid by my Executors hereinafter nominated as soon as maybe, of any money of my estate that may come into their hands.
I direct that my stock of cattle houses and mules, hogs and sheep be sold on one year credit at public sale by my Executor as soon after inventory and appraisement, as may be convenient and the proceeds of paid sale distributed as herein after devised.
I direct and earnestly devise and request that no inventory shall be taken on sale made of any part of my household are kitchen and store house are smoke house; furniture, goods, are provisions; but that all my household furniture and goods may be divided by between and among my beloved wife and several daughters hereinafter named and that the provisions of the smoke house and store house remain for the use of the family.
I give and devise in fee simple the following named Negroes to the devises as named in this item i e, To my affectionate wife Juliet A. Ford the Negro girl Mary (Jacks Mary), To my infant son Thomas S. Ford the Negro boy Everett, To my Daughter Harriet Ford the Negro girl Chaney, To my Daughter Sophronia L. Ford the Negro boy Ellick, To my Daughter Elizabeth A. Ford the Negro boy John, To my Daughter Clarissa E. Ford the Negro girl Mary (Mack’s Mary), To my Daughter Mary Jenett the Negro girl Sary, To my Daughter Sarah Carr the Negro boy Peter, To my son Joseph M. Ford the Negro man Jacob (old Jake), To my son James E. Ford the Negro man Mingo.
I give and devise further to my affectionate wife, Juliet A Ford and to my said Daughters ; Sarah Carr, Harriett N. Ford, Sophronia L. Ford, Elizabeth A. Ford, Clarissa E. Ford, Mary J. Ford, and sons Joseph M. Ford, James E. Ford and Thomas S. Ford all the rest and residue of my Negroes that I may be possessed of are entitled to at the time of my death and not hereinbefore specifically devised; to be allotted and divided share and share alike to each devises, and upon the allotting of said Negroes of the lots cannot conveniently be arraigned of equal value. I desire that undivided money of my estate may be add to the less lots till all are made equal in value.
I give and devise further to my Juliet A. Ford and children Sarah Carr, Harriett N. Ford, Sophronia L. Ford, Elizabeth A. Ford, Clarissa E. Ford, Mary J. Ford, and sons Joseph M. Ford, James E. Ford and Thomas S. Ford all the rest of my personal estate as the time of my death consisting of whatever it may, moneys, notes, bonds, and personal property of every description not herein before devised to be equally divided share and share alike,; less & deducting however from the distribution hare of Sarah Carr in this and the foregoing items(5) The sum of Fifteen hundred dollars (without interest) which was advanced her at her marriage.
I give and devise to my son Thomas S. Ford when he shall arrive at the age of twenty-one years the west half of South west quarter of section twenty Eight in Township one of Range seventeen West, containing eighty acres and 10/100 also North half of Division of fractional section thirty-two of Township and of Range seventeen West containing Two hundred and nine acres more or less. Reserving to my beloved wife Juliet A. Ford her dower however, in the foregoing devise and in lieu of the right of dower in the two following devises to Joseph and James E.
I give unto my son Joseph M. Ford, when he shall arrive at the age of twenty-one years the following land, lot number 4 of Section no 31, of the Township one of Range seventeen West and on the East side of Pearl River Containing sixty-three & 80/1—acres, also, the East Division of Fractional Section Thirty-one of Township one of Range seventeen West.
I give and devise to my son James E. ford when he shall arrive at the ag of twenty-one years, the following described tract of land fractional Section thirty-five of Township one of Range fourteen East containing four hundred and ninety-two & 60/100 acres, Preserving the use of the lands devised in this 9th and 8th, and the seventh items of this will to the use of my wife and unmanned and minor children for cultivation until James E. Ford or Joseph M. Ford arrives at the age of twenty-one years.
10. I devise and direct that all my property real, personal and of every description that I I may be possessed of at the time of my death, ant specifically herein before devised or reserved shall be distributed by and under the fifth and sixth foregoing items of this will and to the devises therein severally named and now I do earnestly request and sincerely devise that my beloved wife and unmarried and minor child will remain and live in harmony together at any dwelling place until they may severally marry, arrive at full age or the limitations upon the devise of of land expire or at least as many or so many of them as may agree so to do.
11. I grant the guardianship and tuition of my infant son Thomas S. Ford to his mother Juliet A. Ford I also grant the guardianship of the person and property of my son James E. ford to my beloved wife Juliet A. Ford.
12. I grant the guardianship of the persons and property of my son Joseph M. Ford and daughter Clarissa E. Ford to my daughter Sarah Carr and James M. Carr.
I grant the Guardianship of my daughter and property Mary J. Ford to my daughter Harriet N. Ford.
I do hereby ordain Constitute and appoint my beloved wife Juliet A. Ford and esteem brother James Ford Executors, executioner of this my last will and testament written on one sheet of paper four pages and hereby declaring and making void all wills by me made at any time heretofore. In witness whereof I have hereunto set my hand and seal this fourteenth day of April AD 1848.
Signed: Ebenezer Ford (Seal)
Now I the said Ebenezer Ford being desirous of altering the foregoing will upon the happening of a contingency do therefore make the present writing and direct it to be taken as a codicil to my said will and taken as a part thereof. I do hereby direct that if my beloved wife Juliet A. Ford proves to be now in a state of pregnancy of which she may in directive be delivered of a living child I direct and will that each of the devises of all personally in the foregoing will shall be equal abated so as to give the after born child (if any) of my said beloved wife Juliet A. Ford a share of my estate equal in value to the devise as made to the devises each in personally in the foregoing will.
In witness whereof I have hereinto set my hand and seal with a further request that my said will and Codicil may be admitted to Probate on proof of my hand into this 24 days of June AD 1845.
The State of Mississippi
I J. R. Barnes clerk of the Probate court of said county, do hereby certify that this and the 4 pregoing pages contain a line transcript of the last will and testament of Ebenezer Ford late of said county deceased, as the same remain of record and on file in my office. Given under my hand seal of said county this 10 day of September AD 1859.
J. R. Barnes Clerk
Copied from original will of Ebenezer Ford, minutes of Chancery Court, Marion County Mississippi, Book 2-A, 1850-1859 pg. 468