Mathew P. LANE

Will of Mathew P. LANE

Newton County
Will Book 2 Pg's 330-331

In the name of God Amen, I Mathew P. Lane, of said county and State, being of sound desposing mind and memory and knowing it is appointed for all to die and that time of life is uncertain and being desirous to dispose of my property in my own way do hereby utter publish and declare the following to contain my last will and testament, hereby revoking any and all other wills by me made at any other time heretofore made.

Item the first it is my will that my executrix hereafter named pay all my just debts.

Item the second It is my will that my body receive a descent and christian like intombment.

Item 3rd It is my will that all my singular my real personal and mixed estate go into the immediate possession and control of my wife Mary M. Lane, there to remain and be used and employed for the support of my said wife, for the support and education of my children and for the general advancement of my family and when ever and at such time as either of my children shall marry or advance to the age of nineteen years of age my wife shall advance to such child who shall marry or advance to the age of nineteen years, as much property as she can conveniently share to set them up to house-keeping as they are to be ______ at that time the amount advanced by my wife to such child is to be rendered in by them at the final division.

Item 4th It is my will that no inventory of my estate be taken or had during the lifetime of my wife unless she should marry, if she should marry or when she may die then the usual inventory and appraisement is to be taken. I do not ask nor would not have inventory sooner because I have full confidence in the management and fidelity of my wife and when ever and at such time as my wife shall die or shall marry then the usual inventory to be taken and if it is upon the marriage she can retain the use of the property during her lifetime for herself and children (viz) Martha E, Joseph J, Susan A, & Columbus M. Lane.

Item 5th It is my will that my executrix hereinafter named has hereby power and authority to sell any portion of my property and buy again or to make any change for her accommodation or the benefit of the estate as she may think and to make _______ and take them in the name of the estate as Executrix.

Item 6th Having full faith and confidence in my wife Mary M. Lane I do hereby appoint her executrix to my last will and testament in witness whereof I Mathew P. Lane hereunto set my hand and seal this June the 27th day 1868 signed sealed & acknowledged by Mathew P. Lane, as his last will and testament in the signing before us and each of us the signing in his presence and in the presence of each other.

Mathew P. Lane (Seal)

George J. Hurst
John C. Cash
Wm. Adams

Newton County

At Chamber of the Court of Ordinary came George J Hurst & William Adams being duly sworn desposeth & saith that they saw Mathew P. Lane sign and publish the forgoing as his last will & testament, while of sound mind and desposing memory that they witnessed the same for him at his request & in his presence & in the presence of John C. Cash, who also witnessed the same in his presence & deponents, and that the same was executed voluntarily be tester on the 27th day of June 1868 & that the words "fo the support of my wife & children" in Item third & "administratrix in Item fifth were erased before signed by witnesses and the words "should" "marry" and "her" in item 4th ______ interlin_ before signed by witnesses & that said erases and interlineation were made by order of testator.

Sworn to & Subscribed before me June 5th 1869:
J.W.B. Summers

George J. Hurst
Wm. Adams
Proven in common form admitted to record Sept. Term 1869
J.W. B. Summers

Newton County

I do solemnly swear that the foregoing writing contains the true last will & testament of Mathew P. Lane deceased So far as I know or believe & that I will execute the same accordingly to the laws of this State, so help me God. Sworn and subscribed before me in open court September term 1869.

J. W. B. Summers

Mary M. Lane

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The above was transcribed by Heather W. Bowers