Item the first: My Executors herein after named are hereby directed to pay off all my just debts as soon after my death as the same can be done out of any money on hand at the time of my death, except a debt due to An. Nelson for the purchase of certain negroes which is to be paid as is herein after direction-

Item the second: I do hereby give and bequeath unto my grandchildren , the chilren of my daughter, Elizabeth Bates and to the survivors of them and to the decendents of such of said children as may die the following named and described negroes and the increase of the females of said Negroes to be divided equally among these-

Toney, aged about 60 years

Phillis, aged about 55 years

Sam, a black smith, aged about 30

Bevil, aged about 26 years

Chany, aged about 25 years

Soy(?), aged about 23

Phillis, aged about 20

Sophronia, aged about 16 years

Toney, aged 8 years

Caroline, aged about 7

Doxey, aged about 5

Robert Aged about 5

Algenon aged about 7

Patsy, aged about 14

and the children of said negroes not named which have been born since the first day of December A.D. 1849- To effect an equal division of said Negroe Slaves amongst the said children. J.D. Webb is hereby authorized and requested to select three discreet persons to allott and value said slaves into the numbers of shares or lots that there are children of my said daughter who shall affix a value to each share or lot and then place the shares so numbered into a hat and the names of said children of my said daughter into another and then the said Webb is to draw a ballot from each hat and the name of the grand child so known and the slave or members so drawn shall be the slave to be awarded to the said child or to the decendants of said child as shall have died and each of said children who draws the more valuable lots shall pay to each child as shall draw a lot of less value than an average lot such value as the lot so drawn by him or her, shall exceed in value on average lot so that each lot shall be nearer equal in value. My grand daughters, Margaret L. Willingham and Marth E. Fowler, have now in their possession one negro each which they are to be permitted to retain at the sum at which they shall be respectively valued and the Executors to this my last will and Testament are hereby directed to deliver over to such of my said grand children who shall be of age of 21 years such share or portion alloted to him or to her on the 1st day of January the next after my death and to deliver to John M. Bates and in th event of his death then to his wife Elizabeth Bates the share of each of said children as shall be under the age of 21 years to be held and kept and used by him for the sole use benefit and support of such child until it reaches the age of 21 years.

Item the Third: I do hereby give and bequeath unto my grand children the children of my deceased daughter, Martha Levert, the folowing described negro slaves and the future increase of the females thereof and also such children as have now been born to the females thereof, since the first day of December A.D. 1849 as may not be named to be divided amongst my said grand children and the survivors of them and the decendants of such of said children as shall have died share and share alike in the same manner as in directed for the division of the negroes bequeathed in the second clause of the my last will and testament to the children of my daughter Elizabeth Bates.

Big Davis, aged 65 years

Nathan about 25 years

Claiborn about 25 years

William about 22 years

Matilda about 25 years

Sam aged about 18 years

Marshall about 12 years

Mary about 11 years

Washington, about 10 years

Julia about 8 years

Sarah about 6 years

and my Executors herein after appointed and herby authorized and directed to deliver over to each of my said grand children who shall have reached the age of 21 years at the time of such division the lot so awarded to said child and the shares of lot of such child as shall be under the age of 21 years to their father E.V LeVert and in the event of his death to the legal guardian of such child to be held and kept by him for the use and benefit of such child until he or she reaches the age of 21 years.

Item the Fourth: I do hereby give and bequeath unto my son-in-law, John M. Bates the following named negro slaves and their future increase and such as have been born to the females since the first day of December, A.D. 1849 for the uses, trust(?) and purposes herein after specified.

William aged about 55 years

Nancy aged about 50

Dock, aged about 50

Matt(?) aged about 45

Ephraim, aged about 45

Sarah aged 38

Mitian(?) aged about 38

Nash aged about 33

Henry aged about 32

Maleson, aged agout 36

Catharine 25

Telly aged 24

Phillis 23

Saneford 23

Sally 22

Mary 22

Herida 20

Burl 18

James 18

Diay 17

Sibly 11

Abraham 14

Booker 14

Adalain14

Ellen 13

Henry 13

Henry 12

Julia 11

Melania 11

John 9

Terry 9

Hannah 8

Sam 7

Jim 7

He the said Bates is to hold said slaves upon the following trust. Should any part of the purchase money agreed to be paid to Jim Nelson or Bivey Vaughn for said negroes be unpaid at the time of my death then the said Bates shall sell such and so many of said slaves as shall be required to pay off the said sum so due and owing either to the said Nelson or to the said Vaughn. Secondly he shall hold the remainder sum, the future increase of the females and such as shall have been born since the 1st day of December A.D. 1849 for the sole seperate use support and benefit of my daughter Elizabeth Bates and such children as she now has or shall have hereafter, the said property to be kept together, so long as the said children are under age of 21 years.

Item the Fifth: I do hereby give and bequeath unto my son-in-law, John M. Bates all that portion of my real estate on which he and his family now reside together, with the Mill and the tract of land belonging with it(?) ......together with the stock of hogs, horses, cows, sheep, farming utensils, wagons, carts, hoes, axes, tools and utensils, the grains, provisions, household and kitchen furniture and all therein or belonging to said plantation to be held by him upon the same trust limitations(?) and for the same uses and purposes as is expressed in the preceding clause of this my last will and testament. And my executors herein after named are required to permit him to remain in the possesion of the said lands, stock and etc the said slaves mentioned in this the proceding clause of this my last will and testament.

Clause the Sixth: I do hereby give and bequeath unto my daughter Elizabeth Bates for her own seperate use and maintenance the crop now growing and to be raised on the said tract of land on which John M. Bates now resides in and during the year of my death.

Item of the Seveth: I do hereby give and bequeath unto my grandchildren the children of my daughter, Martha LeVert, to be divided giving them share and share alike the tract of land on which I formerly resided and my executor so hereby authorized and empowered to sell and dispose of the same privately or publicly for cash or a credit in part cash and part credit as they may think best for the purpose of making distribution thereof.

Item the 8th: I do hereby give and bequeath unto my grand children the children of my daughter, Marth LeVert the money to be collected on the notes set out in a schedule hereto attached which is marked No. 1 after deducting the one half of all the costs and expenses and charges required to be paid in the execution fo the my last will and testament. And do give and bequeath to the children of my daughter Elizabeth Bates, the money to be collected on the notes set out in a schedule hereto attached which is marked No. 2 after deducting therefrom the one half, of all the costs shares and expenses required to be paid in the execution of this my last will and testament.

Item the Ninth: I do hereby nominate and appoint James B. Webb, Samuel C. LeVert and John M. Bates for the execution of this my last will and testament and do request the Judge of probate in and for the County of Greene and the State of Alabama to grant unto them and the survivors of either of them letters testamentory hereof without honor and security as is required by law for the performance of their duty. In testimony of all which I the said Samuel Patton have hereinto set my hand and subscribed my name

Samuel Patton

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