Re: Samuel Cruse of Huntsville, AL 1866

Dear Cathy,

I am really, really sorry for not checking back in this forum after I posted that message.I moved and neglected to post my new address so you could find me!

Here is the context of the Last Will and Testament, as best I can transcribe it -- some of it is hard to read.

"LAST WILL AND TESTAMENT OF SAMUEL CRUSE"
"I Samuel Cruse of the town of Huntsville, in the County of Madison, and State of Alabama being of sound body [and] mind, make this my last Will and Testament, vz:I leave all my real and personal Estate to my Wife Harriet Maria Cruse, and her five children namely, Mary Ann Cruse, Samuel Ridgley Cruse, Helen Maria Percy Cruse, WilliamHenry Cruse, and Harriet Coleman Cruse, to be divided amongst them and herself in Such Manner, and at such time, as She my said wife may think proper, and until such division is made by her I leave the proceeds of the whole of my real and personal Estate to my said Wife, for the support of her self and her said five children.I hereby constitute my said Wife Sole (the word "Sole" is underlined here) executrix of my Said Estate, under the following proviso.Viz 1st ______ (Having not?) of the affectionate disposition of my Brother William Cruse, and that he will be a _____ (friend?) to my wife and Children, in the event that he should survive me, it is my desire that should he require (it) a support during his life be given to him from my said Estate, and Secondly, that should my said Wife Harriet Maria Cruse marry again, then I bequeath her portion of my said Estate Real and Personal Estate hereby bequeathed to her to be divided equally among my above named five Children.I insert this proviso only to guard my wife from the designs of unprincipled men, who, when her faculties may become impaired by age, may for the Sake of her property induce her to think that she will benefit herself and children by the Choice of another protector.

"Signed Sealed and published in the presence of me who Signed the Same in the presence of the Testator this Ninth day of October, 1841 - S. Cruse (Seal)

"A. H. (?) Morrison"
"John W. Otey (?)"
"Theo Lacy"

"State of Alabama, Madison County -- Court of Probate of Said County - May 14, 1866

"Theo Lacy, being sworn, deposes and says that the foregoing instrument purporting to be the last will and Testament of Samuel Cruse late of said County deceas'd was signed by the said Samuel Cruse on the day of its ____ (unreadable word), in presence of affiant, and in the presence of A. H. Morrison and John W. Otey, and was then and there declared to be . . .(a whole sentence here did not photocopy -- continued on next page) that at the request of said Samuel Cruse, A. H. Morrison, John W. Otey, and affiant signed the same as subscribing witnesses.Affiant further deposes, that at the time of this execution and publication of said instrument as aforesaid, said Samuel Cruse was of sound and disposing mind and memory and of the full age of twenty one years.(signed) Theo Lacy"

"Signed and published May 14, 1866 / (signature illegible)"

I sincerely hope this helps you and others researching this family.

Nancy S. "Sharon" Shire