JACOB_WILL The State of Alabama, Coffee County} This December the first day in the year of our lord one thousand Eight hundred and fifty nine I Jacob Shiver of the County & state aforesaid, being of sound and disposing mind and memory and in the fear of God, revoking all former wills made by me, do make and ordain this my last Will and Testament in manner and form as follows viz: Item the first I give to my wife Catharine M Shiver one gray horse & Buggy Item second I give to my wife Catharine M Shiver my plantation on Pea River adjoining lands of T W Simmons with all and singular the appertenances in anywise belonging there to, during her life time or widowhood, and give the same to my beloved daughters at her intermarriage or death to be equally divided between the four to names, Permelian Shiver the eldest and Catharine Frances Shiver & Mary Salany Shiver and Dorcas Emaline Shiver. Item the 3rd I leave to my wife all my stock of cattle, hogs, household & Kitchen furniture & farming utensils during her widowhood or life time & at her marriage or death all to be sold & equally divided amoung my six children, to names Samuel Shiver & John Shiver & the four above named girls. Item the 4th I leave to my beloved wife Catharine M Shiver during her life time or widow hood one negro man slave about thirty five years old named Bob and should she marry or at her death I give the above named boy to my two sons Samuel Shiver & John Shiver & Bob left to choose which of the boys he will live with & the one that he may choose to live with to pay to the other one half of the value of said boy at that time. Item the 5th I give to my Daughter Sarah King five dollars in money as I have given her Eighty acres of land in Barbour County, adjoining lands of Frank Johns & consider that will make her equal with my other children. Item the 6th I want my Executor to see the mill forty of Land on twelve months credit & apply the proceeds to my just debts. Item the 7th I leave the piece or parcel of land lying on the Pensacola Trail that is now in law between myself & Stoddard should I gain it, sold on twelve months credit to enable my Executor to pay any just debts. Item the 9th I will that all my just debts should first be paid. Item 10. I further will that after Dorcas McIntosh paying all expenses on Entry to & from the Office, Taxes and Interest & Entrance money, then my Executor to make her a title to the lands where she now lives if not completed within Eighteen months, then sold & money applied to my Just debts. Item 11 I will that my Executor shall give to my daughter Gilley Bartlett if they think she conducts herself well after the death of my wife what think in their judgement she may merit To her taken from the proceeds of the sale of the perishable property that may be left at the death of my wife & the balance to be equally divided between the above named children as fr__ above named Item 12 I appoint my beloved Brother Samuel Shiver & Nicholas Shiver & C S Motley Executors to this my last Will & testament. [Note: The left margin of the document reads "This item was left out of the proper place by mistake".] Item 8 I also leave my Road wagon & team of mules & harness to be sold by my Executors at public outcry on a credit of twelve months as soon after my death as legal notice can be given at my residence & the proceeds applied to my Just debts Item 13 After hearing my will read I declare it to be my last will & testament. In testimony whereof I hereunto set my hand & affix my seal in the presence of the day & year first written signed & sealed Test: James M Smith his M B Esler Jacob X Shiver mark The State of Alabama, Coffee County: Probate Court of said County. In the matter of the Probate of the last will & testament of Jacob Shiver deceased. Before me P D Costello Judge of the said Court personally appeared M B Esler who having been by me first duly sworn & examined deposes & says on oath that he is a subscribing witness to he instrument of writing now shown him & hereto annexed & which purports to be the last Will & testament of Jacob Shiver deceased late an inhabitant of this County. That said Shiver (since deceased) signed & Executed said instrument on the day the same bears date & declared the same to be his last Will & testament & that affrant set his signature thereto on the date the same bears date as a subscrbing witness to the same in the presence of said Testator that James M Smith whose name also appears as a subscribing witness of the said instrument of writing was present at the same time said affrant subscribed the same & he also subscribed the same as a witness in the presence of the testator & at his request that said Testator was of sound mind & disposing memory & in the opinion of deponent fully capable of making his will at the time the same was so made as aforesaid affrant further states that said Testator was on the day of the date of said Will of the full age of twenty one years & upwords. Sworn to & subscribed before me this 25 day of January A.D. 1860} M B Isler P D Costello P.J.C.C. The state of Ala Coffee County} I F M. Rushing Judge of the Probate Court of said state & County hereby certify that the foregoing is a correct copy of what purports to be the last will & Testament of Jacob Shiver as appears on the Books of this office given under my hand & seal of office at Elba Ala. July 1st 1893. F M. Rushing (line under this unreadable; either a title or another name)