Lauderdale County, Alabama

Submitted by Judith M. Miller on 28 Aug 2001 
 

Last Will and Testament of J.P. Houston

Being of sound and disposing mind and memory, I, J.P. Houston, make and publish this my last will and testament, expressly revoking any other which may heretofore have been made.

I direct that my funeral expenses and just debts shall be paid.

The small tract of ground near Iuka, Tishomingo County, Mississippi I give to my sister Mary E. Houston, to do with as she pleases but request her to see it and devote the proceeds to the support of my cousin Melissa Houston. She can give it in such amounts as she wishes, but suggest that she give it in sums of $25.00 to $35.00 per month.

Houston County, in the state of Alabama, was named for my father. As evidence of my appreciation of the compliment paid to him, and to be used in some manner calculated to help keep him in the memory of the people of the County, I give two thousand dollars to said County, or to the proper officials of the same to be used as indicated.

To the Associated Charities, at Memphis, Tennessee, I give five hundred dollars.

To the Home for Incurables, at Memphis, Tennessee, I give Two hundred and Fifty dollars.

To the Old Mens Home at Memphis, Tennessee, I give Two Hundred and Fifty dollars.

To the Old Womens Home at Memphis, Tennessee I give Two Hundred and Fifty dollars.

To the Porter Home and Leath Orphan Asylum at Memphis, I give Two Hundred and Fifty dollars.

A fun is now being raised to erect a home or hospital for cripples at Memphis; I do not know what it is to be called, but to that fund or hospital I give Two Hundred and Fifty dollars.

To Ellen Irvin who by marriage is related to my brother and lives with him, I give Two Hundred and Fifty dollars.

I would provived for my sister-in-law but my familiarity with her business enables me to know that it is not necessary as she has more than she will need. I would like for her to take fifty dollars and buy some little keepsake.

I would like to give my nephews Houston and Charles Drennan but for the fact that I know it is not necessary. I direct that a handson watch and chain shall be given to each of them when they are twenty one years old.

To the Town of Athens, Alabama, or the proper authorities, I give my interest in the Houston Family residence and several acres of ground attached to it, the same being located in the said town, if the others in interest want the property used in that way. In the event I give the said town One Thousand Dollars in addition.

What I give is coupled with the condition that it shall be kept so used that the public shall get the continued use of it. It shall be so used that it shall help to keep before the people the name of my father. I want with my sisters and brothers to say how it should be used.

It is not my intentions that this gift shall take effect until it is known that my brother or sisters will not want to live in the residence.

If they or any one of them should want to live there, I want it done.

If they should desire to make some other disposition of their interest in this property, then in leu of what I have here given in land and moneyk I give said town Twenty Five hundred dollars.

That I want to be so used as to help keep my father's name before the people.

If it is the intention of any other member of the family to give anything to the town of Athens, I want this gift held over to be used in connection with what may be give by such member.

I have not be particular in selecting the technical names of several donees, or to see that the language is technically accurate to pass the gifts, because I know my brother and sisters well and I am satisfied there will be no question raised.

It is not my intention that my personal representatives shall be required to pay over these amounts immediately. It will likely be necessary to sell property and I want plenty of time taken, a year or two if advisable, to see that the property is handled to the best advantage and the gifts are not to draw interest.

To my brother and sisters, share and share alike, I give the rest of my property of every kind and description and wherever located.

I would resuggest that they consider the question of devoting a part of our acreage, possibly the place on the Athens and Decatur Road about six miles from Athens, to the public in such way as to be useful to the portion of the
public who are most in need of help.

Whether it should be used as a school or experimental station or orphanage or home for the poor or for some other use they could determine.

As they are getting up in years they should know they could make the gift without deprivation, as they are entitled to a comfortable life.

I constitute and appoint my friend Frances Wolf and John Johnston of Memphis, my personal representatives and waive oath and bond.

They are not familiar with my interests elsewhere but by conferring with my brother and sisters will find little trouble in discharging their duties.

I want them well paid for their services.

If at the time of my death I should be living in another state, I do not suppose they would want to assume the duties and in that event I should leave my brother and sisters to take proper steps for administration.

This June 13th 1917

J.P. Houston

We have this day witnessed and here sign as witnesses this the last will and testament of J.P. Houston. We sign and witness the same at his request and in his presence and the presence of each other, he having signed and declared the same to be his last will and testament in our presence this June 13, 1917.

Columbus Bierce and H.G. Ferree

Admitted to probate and ordered recorded 6 May 1925
Jno. C. McLemore Clerk
F.M. Guthrie Judge
By A.B. Hatcher D.C.