Will of William Graves III
Source: Will Book B, Pages 315-318


The State of Alabama
Lowndes County

In the name of God, Amen. I, William Graves of county and state aforesaid
being sound in mind but infirm in body, do hereby make, constitute, appoint,
ordain, publish, and declare this to be my last Will and testament hereby
revoking all others heretofore made by me.

Item 1st. I will desire and request that after my decease that my body shall
be interred in a plain and decent manner, and that my funeral expenses together
with that of my last sickness shall be paid out of my estate; also that all my
debts left unpaid at my death to be paid out of my estate.

Item 2nd. I will, desire, and bequeath to my beloved son, Y. W. Graves, my
Kitty Miller mare and a Buggy and Harness; to my beloved son-in-law, Henry H.
Whetstone, my large Family Bible; to my beloved daughter, Mary Ann Rogers,
Webster's large dictionary; to my beloved son, Peyton S. Graves, my gold shirt
and sleeve buttons; to my beloved son Giles N. Graves and my beloved daughter
Caroline C. Caffy, a selection by ea___ out of my library of such books, as
they may desire of six dollars each.

Item 3rd. I will, desire, bequeath, and desire all the rest of my property
both real and personal of every kind whatever, choces in action, to my children
and grandchildren, in such manner and form, and such restnictions (?) as
hereafter more particularly expressed: (and herein and hereby in the first
place, do direct, authorize, and empower my executors to sell all of my
property real and personal not herein specifically bequeathed, upon such terms
and conditions the law directs in sales by Executors and administering respect
for humanity in the sale of my estate and in no case whatever to separate
husband and wife and Mothers from their children under ten years of age) and
that the net proceeds such sales, together with the collections made by my
choses in action tc, shall be equally divided between my children and such of
my grandchildren herein named (said grandchildren to take one share which is
one seventh between them) the whole to be divided in seven equal lots or shares
as hereinafter expressed, share and share alike, that is to say: to Y. W.
Graves, Giles N. Graves, Mary Ann Rogers, wife of John G. Rogers, Sarah J.
Whetstone, wife of Henry H. Whetstone, and Peyton S. Graves, Jr., to each of
them one share, being the one seventh of he proceeds of the sale of my property
herein before directed as well as the proceeds from collection of my choses in
action tc, unto them and each of them last named and their's forever.

Item 4th. I further will, bequeath, and desire one equal part or share being
the one seventh of the net sales of my property aforesaid directed and of
collections made from my choses in action, unto Peyton S. Graves, Jr., unto him
and his heirs forever. Never the less in Trust for the sole and separate use
and behoof of my beloved daughter, Caroline C. Caffey free from the debts,
contracts, dominion, and control of her present husband, A. J. Caffey or of any
future husband whatever.

It is also my will and desire that the said trustee, Peyton S. Graves, Jr.,
shall at all times suffer and permit my beloved daughter, Caroline C. Caffey,
to have the free use, occupation, and enjoyment of such property and should the
desire to have all of any part of such funds herein bequeathed to her as above,
invested in any of my slave property or any of my other property at the sale of
such property of my executors, then in such case, the said trustee is
authorized and empowered to make such investment according to her wishes and
directions. He, the said Peyton S. Smith, is also authorized and empowered to
make investments from time to time of said funds or of the interest or proceeds
arising from the same, at any time whatever, in such property as my said
daughter may desire and direct.

Item 5th. I further will, bequeath and desire the remaining seventh share of
the net proceeds of the sales of my property as before directed as well as the
seventh part of the collections made from my choses in action tc, unto my
beloved grandchildren herein named, to be equally divided among them, share and
share alike: that is to say to William T. Mason, Martha Ann Pierce, wife of
Hiram Pierce, Louisa Varner, Wife of L. Walters, William Varner, Mary Varner,
Giles J. Varner, and Mary L. Graves, daughter of Y. W. Graves, each the one
seventh of the aforesaid lot or seventh share last above bequeathed unto them,
my said grandchildren herein named unto them and their heirs forever.

It is my will and desire and herein mentin___ it, though advised it is
unnecessary to do so, that no advancements made by me to any of my children, is
to be accounted for by them or either of them and in no manner to be considered
by my Executors in the division or distribution of my estate under this my last
will and testament.

Witness my hand and seal this the 26th day of Sept. 1854.

William Graves

Signed, sealed, published and
declared the day and year
aforesaid in the presence of the
undersigned who at the request
of William Graves, the Testator,
subsribed their names thereto
as witnesses in his presence
and in the presence of each other.
"The words - In the sale of my slaves
interlined in the sixth line, 2nd page
before signing, tc."
J. M. Sadler
N. L. May
C. S. Alexander
Martha A. Alexander
Thomas M. Williams


The State of Alabama
Lowndes County

Personally appeared in open court, Nathan L. May and Thomas M. Williams,
subscribing witnesses to the annexed papers purporting to be the last will and
testament of William Graves, late of Lowndes County, deceased, and who are
known to me, being sworn, stated that they saw the said William Graves in his
life time sign, seal, publish and declared the same papers in writing as his
last will and testament and that he signed the same in the presence of the
other subscribing witnesses - and that at the time of signing the same was of
sound disposing mind and memory - that at the request of the Testator said
deponents together with the other subscribing witnesses, J. M. Sadler, C. S.
Alexander, and Martha A. Alexander subscribed their names as witnesses in the
presence of said William Graves, the Testator, and in the presence of each
other on the day and year therein written.

N. L. May
Thomas M. Williams

Subscribed and sworn to in
open court this 20th day of
November, A. D. 1854
E. H. Cook
Judge of Probate