- Wilford Hoggatt versus Elizabeth Hoggatt, We, Adam Hollinger and Leonard Marburry, being appointed by Don Juan Antonio Bassett, Commandant of the Post of St. Stephens, to settle the dispute of property between Mr. Wilford Hoggatt and Elizabeth Hoggatt, and having heard the claim of said Elizabeth and the objections made by Wilford, are of the opinion that the said Wilford Hoggatt do immediately deliver to said Elizabeth Hoggatt two negroes, claimed by her, named "Toby" and "Jack", now at work with Mr. Gerald Byrn on the King;s eork in Pensacola; that in lieu of the negro woman sold to Mr. Kerney she shall be entitled to 21 head of cattle and $40 which she received at Natchez; that he, the said Hoggatte, shall pay to Elizabeth Hoggatt $100 for the compensation of the use of the two negro men, Toby and Jack, since she has been at Natchez. Signed: Adam Hollinger, Leonard Marburry, and Juan Antonio Bassett. 30 Nov. 1794. Book E, p. 350. [1]
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- Will
Be it remembered that I Adam Hollinger of Washington County in the Mississippi Territory being weak in body but of sound and perfect mind and memory, and seriously considering the uncertainty of life, do make and publish this my last will and testament in manner and form following, that is to say... First I give and bequeath unto my wife Mary Hollinger the tract of land where on I now live containing 640 acres with its appertenances, likewise all my household and kitchen furnature, plantation utensils, bedding and cloathing, together with one third part of all the other property which I may be possessed of at my decease, after my just debts are paid, of whatever kind and denomination such property may be to have and to hold the whole of the property here in before granted bequeathed and devised and distributed among my children or the body of said Mary lawfully begotten in the manner hereinafter directed with regard to my other property. to have and to hold to them severally and to their several heirs executors, Adminstrators and assigns forever.
Secondly I give and bequeath devise unto my said children the residue of all my property both real and personal of whatever kind or nature it may be appropriated to their benefit and finally divided equally among them in the following manner. It is my will that the whole of my property shall remain in my wife's hands after my decease subject to the general control and superintendance of my executors nor shall any properties be sold but by the unanimous consent of my executors and executrix, except such articles as may be raised on my plantation or by my slaves which may be sold by my executrix with the consent of either of either the executors for the support of and education of my children, or other purposes necessaryly incident to the maintenance of my property. And the more effectonlly to answer their purposes, it is my will that a good overseer be employed from time to time by my executrix and executors or any two of them, to discharge the services usually performed by overseers.
But should my said wife marry then and from the time of her marriage she shall cease to have any control over my property, except that part thereof which is hereby expressly bequeathed to her during her life, and her power as executrix shall instantly cease and determine, and my executors shall place my property in such hands, of my family, and shall require from such person or persons as they may interest with the source or any part thereof a bond or bonds with ample security for any honest and faithful care of the source, and for the due return thereof.
And it is moreover my will that my children come to the ages following, viz,... my daughters to the age of eighteen years; and my sons the age of twenty one, that they be severally entitled to receive their portions of my property thereby given, bequeathed and devised to them. That is to say should there be then living at the time the first become of age as aforesaid five children of me and my wife Mary Hollinger, or their lawful descendants, then my executrix and executors shall endeavor to make a fair estimate of the value of each species of property coming to them, according to the true meaning and intention of this my last will and testament, reckoning land one species, negroes another, cattle another, and all kind of property another, and of each of these four species of property, such child so coming of age shall have the fifth part (provided there be five of the lawful descendants then living) as nearly as circumstances will admit of and where one of the remaining four come to age as aforesaid he shall or she shall receive his or her fourth part in like manner and so of the rest, -- but should any child die and leave no children, before having received his or her portion; then such portion shall be equally divided among the surviving children or their descendants, whether already having received their portion or not. Any child having received his share shall the same to them, his heirs, executors, administrators and assigns forever.
And I hereby make, and constitute, and appoint my beloved wife Mary Hollinger executrix, and my friends Harry Toulmin and William Pierce of the said county, executors of this my last will and testament. And should either of my executors of this my last will and testament. And should either of my executors ---- unwilling to act, or having should desire to cease to do so; then I authorize them and my said executrix to appoint some good honest man to be executor in his place. And it is my desire that no appraisement be made of my property., legally due to me. And I appoint my said executrix and executors jointly guardians of my children and desire that particular attention be paid to their education and good conduct, that they may become useful and respectable members of society. In witness whereof I have here unto set my hand and seal on the ninth day of April in the year of our Lord, one thousand Eight Hundred and Eight.
Adam (his mark) Hollinger
delivered in the presence
of us the subscribing witness
Thomas J. Strong
Hardy R. Joinnigan
Robert Laird
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