["Alabama Probate Records, 1809-1985." Images. FamilySearch. http://FamilySearch.org : 14 June 2016. County courthouses, Alabama.]
Will of John Hardy
Russell County
State of Alabama } I, John Hardy of the State
and County aforesaid being of sound mind
and memory do make and ordain this my last
will and testament as follows. First I direct
that all my just debts shall be paid. Second
I wish and it is my will that my daughter Fer-
aby Lockhurt shall have my horse and buggy
Third. I wish and is my will that my negro woman
Rachel shall be permitted to live with my children as
she may desire. David Lockhart my son in law is
hereby appointed her Guardian to whose direction
and control I commit her that my will herein ex-
pressed may be performed as the laws of the State
may allow.
Fifth. After the above special bequests have been made
it is my will that all my property be equally divided a-
mong all my children, the living children of those that
are dead receiving that portion that would belong to the
parents were they living.
Sixth. I hereby appoint my son Wm Hardy to
that portion of my property which I have bequeath
ed to the children of my daughter Elenor Lockhart
deceased. I also direct said Trustee to hold said
property until the youngest living child of the
aforesaid Elenor Lockhart shall be twenty one years
of age or shall marry when I desire that the mon-
ey with the accruing interest to be equally divided
among the legal heirs of my daughter aforesaid
Seventh I hereby appoint my son in law David
Lockhart trustee for the children of my son James
W Hardy deceased the money to be managed as directed
for the funds of the children of my daughter Elenor Lockhart
Eighth. I hereby appoint my grandson James W Hardy
trustee for the children of my son John P Hardy deceased
Gabriel Parks trustee for the children of my daughter
mary G Parks deceased, Abram Chappel Trustee for the
children of my son Alfred Hardy deceased, William Bennett
Trustee for the children of my daughter Louisa Bennett
deceased and Mr. Wesson, the present husband of their
mother trustee for the children of my son Charles Har-
dy deceased and these trustees thus appointed are
requested to receive the property of the respective
legatees and to dispose of the same according
to the laws of the State of Alabama. I hereby
/
appoint David Lockhart & John H Lockhart
his son executors to this my last will nad
testament. In witness whereof I hereunto
set my hand and seal April 12th 1854
Test. David Watson }
Nashe Sledge } John Hardy {Seal}
A B Bennett }
The State of Alabama Russell County
Be it remembered that on this 18th day of
November AD 1854 in the probate Court of said
County personally came David Watson & Abijah B Bennett
two of the subscribing witnesses to the foregoing will of
John Hardy deceased who being duly sworn do depose
and say that they each saw the said John Hardy sign
seal publish and declare the same to be and contain
his last will and testament on the 12th April 1854;
that they each signed the same as witnesses in the pres-
ence of the said John Hardy and that they saw the
other witness sign the same as a witness in the pres-
ence of the said John Hardy and that the said John
Hardy at the time of signing said will was of sound
mind and that he executed the same without any
fears threats or compulsion so far as they know
or believe
Sworn to 18th November 1854 } David Watson
Thomas S Tate } A B Bennett
Judge of Probate
The first thing I noticed while doing the transcription of John's will is that whoever copied the original will into the probate record seems to have left out a section as it jumps from third to fifth.
There are lots more probate records available on FamilySearch so I'll see what else I can find. We know that John owned at least one enslaved person, Rachel. If I can locate the inventory of his estate we'll know more about his other possessions.
*Here's my descent from John H. Hardy.
[Ancestry.com]
© 2018 Copyright, Christine Manczuk, All Rights Reserved.
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