Return to home page of Moses CHRISTMAS
(1)
I J.M. Christmas of Jackson County Florida being of sound and disposing mind and memory knowing the uncertainty of life and the certainy [sic] of death do make publish and declare this my last will and testament hereby revoking all other wills heretofore made by me that is to say
Item-First- it is my will and desire that all my just debts be paid in full should I leave any at my death unpaid.
Item- Second- Should I leave any lands which constitute my homestead in contemplation of law it is my desire that such lands descend and be distributed by my executors according to law. And if my wife should avail herself of her right under the law to dower or a child's part in any lands of which I die seized and possessed (other than the possible homestead afore mentioned) It is my desire that she instead of the devises and bequest made her shall be allotted dower or a child's part according to law and take nothing devised or bequeathed under this will and that any legatee under this will whose share shall be diminished by such allowance of dower or a child's part shall be compensated to an equal amount in value from the property otherwise devised and bequeathed by said wife before same is divided equally among my children (except my daughter Carrie Cook) per stirpes.
Item Third- I give and bequeath unto my daughter Carrie Cook one hundred dollars in cash to be paid her or her children should she not survive me; and it is my intention that my said daughter Carried shall not receive any further part of my estate under this will. This intention is because long prior to the making of this will I have sufficiently provided for said Carrie and given her what I conceive to be her share.
Item-Fourth- I give devise and bequeath unto my beloved wife Martha Ann Christmas should she survive me in lieu of dower and any and all rights given a widow by statute or by law. (Except as to my homestead should I leave one) the following real estate lying and being in Jackson County Florida to wit NE 1/4 of sec. 33, NW 1/4 and W ½ of NE 1/4 of Sec 34 all in T7N of R11W containing four hundred acres more or less; and also S ½ of SE 1/4 of SW 1/4 less three acres on North side and also three acres in SW corner of SW 1/4 of SE 1/4 of Sec 28 T7N of R 11 W; The lands above described being the lands bought from Wm Sapp and wife and from E.N. Dekle surviving partner et.al. The estate of my wife in and to said lands is to be a life estate for and during her natural life and at her death the same shall revert in fee simple to all my children except my said daughter Carrie Cook share and share alike and their children if any per stirpes. I bequeath to my wife also the personal property belonging to the lands herein before mentioned including the cattle farming implements and work stock and she shall also select and have my best milk cow and calf and whatever of my household and kitchen furniture and effects she desires and she shall be paid $750.00 in cash.
Item Fifth- To the following of my children or should any of them not survive me to the children of him or her per stirpes I bequeath $750.00 each towit:- to my daughter Cordelia Pilcher the sum of $750.00 to my daughter Amanda Lott the sum of $750.00 to my daughter Alice Viola Holland the sum of $750.00 to my son William D. Christmas the sum of $750.00 to my son Joseph Ernest Christmas the sum of $750.00 to be paid them in cash in addition to what they otherwise take under this will. These legacies are made to offset certain lands which I have deeded to my son Slocum Gunger Christmas.
Item-Sixth, It is my desire that the lands which I have deeded prior to the date of this will to my sons W.D. Christmas and J.E. Christmas and Slocum Gunger Christmas shall vest in such children and should the deeds be defective I hereby will said lands to them each as thought specifically named in fee simple. It is my desire that my son Slocum Gunger Christmas do not sell or in any wise alienate the S ½ of S ½ Sec 21 T7 R 11 N&W which I have recently before the making of this will deeded him but hold the same until he shall become thirty five years of age. I have not attempted to weaken his title but make this as a father's request of a dutiful son.
Item-Seventh The residue of my property real personal and mixed after the foregoing items are carried out I desire shall be equally divided between my wife and all my children. (Except my daughter Carrie Cook) or the survivors of them per stirpes share and share alike, the children succeeding to the share of the parent in case of the parent's death before I die. This item is also subject to the conditions of item second. Any property not otherwise disposed of by this will or because of the failure to take by the legatee shall be divided under this item.
Item Eighth, I direct my executors as speedily as practicable to convert that portion of my estate not specifically devised or bequeathed into cash and advise that no farms be run or business carried on for the estate.
Item Ninth- I make constitute and appoint my son William D. Christmas and my son Joseph E. Christmas executors of this my last Will and testament and direct that they shall give a suitable and proper bond for the proper discharge of their duties as contemplated by law.
In witness whereof I have hereunto set my hand and seal in the presence of three subscribing witnesses who have at my request signed as witnessess in the presence of me and of each other this the 20th day of September A.D. 1904.
Jeremiah (his X mark) Christmas Seal
At the request of the testator
we have signed as witnesses in his
presence and in the presence of each other
having each witnessed his execution of the
foregoing will in the presence of all the others.
1 William Robert Powell.
2 John Quincy Powell.
3 Lewis Avery.
As recorded in Jackson County, Florida