I William Martin being of sound mind but feeble in body , and bearing in mind the uncertainty of life, do make this my last will and testament in the manner and form as following to wit. Namely-
1st, That my funeral expenses be paid together with my just debts out of the property or money that I may have on hand at my decease.
2nd, I give to my beloved wife Sally the third part of my Estate, personal & real.
3rd, I give to my daughter Mary Jane Martin & Martha Malissa Martin & my son Charles W. Martin the remainder of my personal and real estate to be equally divided between them. The aforesaid Estate both personal & real to be divided with out any sale.
4th, I appoint H.W. & J.W. Martin to be my executors to attend to paying off my funeral expenses & debts by selling property enough privately to pay said expense & debts and also for recording will and other expenses. July 5th 1867.
William Martin X his mark
We James H. Bays and Whitley F. Helton certify that William Martin whos name is signed to the above will acknowledged the same to be his last will and testament and that it was witnessed in the presence of the aforesaid William Martin and in the presence of each other. Given under our hand this 5th day of July 1867.
James H. Bays
Whitley F. Helton
At a court of Quarterly session held for Russell County at the Courthouse on the 6th day of August 1867. The last will and testament of William Martin deceased was this day produced in court and proved by the oaths of James S. Bays and Whitley F. Helton the two subscribing witnesses thereto and ordered to be recorded. And thereupon W.H. Martin one of the executors herein named in the will appeared in court and refused to act on motion of John W. Martin therein named who took oath of an executor with the will annexed prescibed by law and entered into and acknowledged a bond in the sum of $800.00 together with H.W. Martin and A.P. Browning his securities thereto conditioned as the law directs. A certificate is granted him for obtaining probate of said will in due form. The estimate value of said estate was proved by the oath of John W. Martin to be $400.00.
Teste J.C. Gent D.C.