"In
the Name of God, Amen:
"I
Isabella H. Emanuel of the City and County of Mobile and
State of Alabama, being in feeble health, but of sound
mind and disposing memory, do make, publish and declare
this to be my last will and testament, hereby revoking
and declaring null and void all other and former wills
made by me.
"First
I hereby nominate and appoint my friend, Henry A.
Schroeder, and my son-in-law, William Barnewall, to be
the executors of my last will and testament, and in the
event that neither of them be living at my death, or in
the event that neither of them for any cause fail to
qualify, that is, that both should die before I do, or
both from any cause fail to qualify, (It being my will
that one act if the other can not) then it is my will and
I so direct, that whomsoever the majority of my children
then living shall in writing nominate to the Probate
Court (two persons to be nominated and appointed) as fit
and proper persons for the trust, shall be appointed as
my executors with the will annexed; meaning by the above
that in case neither Henry Schroeder or Wm. Barnewall
act, one or both may do so, then that the majority of my
children then living shall select by naming in writing
whomsoever they choose as my executors; but in the latter
event two persons must be selected; and it is my will and
I so direct that whomsoever shall become the executors of
my will under any of the foregoing stipulations and
conditions shall not be required to give any bond for the
faithful performance of the duties required of them. But
in case from any contingency in the future from
unforeseen circumstances an administrator should be
appointed, then it is my will that he be required to give
a good and sufficient bond.
"Second:
It is my will that so soon as may be after my death that all
of my just debts and funeral expenses be paid.
"Third:
I give, devise and bequeath to my daughter, Mary E.
Barnewall, for her sole use and benefit forever, the
following named real estate in the City of Mobile, State of
Alabama, to-wit: The three story brick building No. 33 N.W.
corner St. Michael and Commerce Streets, now occupied by
Michael & Lyons, I also give to my daughter, Mary E.
Barnewall, the Emanuel Warehouse with the wharf and water
privileges thereunto belonging, situated north of State
Street on East side of Front Street to the channel; also one
two story brick building on Government Street, No. 50, now
occupied by Mrs. Bloom, next to Kosminsky's; also
one-half of my dwelling house now occupied by me on the S.W.
corner of Government and Joachim Streets, together with half
of the household furniture, pictures, glassware, carriages,
and horses, etc., etc., remaining therein at my death,
reserving from this devise and bequest the plate and such
articles as I may otherwise dispose of by memorandum signed
by me.
"Fifth
I give, devise and bequeath to the children of my daughter,
Fannie E. Rutland, now living for their sole use and benefit
forever, the following named real estate in the City of
Mobile, State of Alabama, to-wit: Two brick stores nearest
St. Louis Street on the east side of Water St., now occupied
by Strauss as an auction store; also two brick buildings Nos.
7 and 8 Conti Street; also Store No. 8 on St. Michael Street;
also a small piece of land on Conti Street which was formerly
used as Hickey's bath house, or rather the land that
joins my daughter's offices which was formerly so used.
"Sixth:
I give devise and bequeath to my daughter Josephine E.
Macartney for her sole use and benefit forever the following
named real estate in the City of Mobile, State of Alabama,
to-wit: The two story brick store at the Northeast corner of
St. Michael and Commerce Street, No. 38, now occupied by
Forcheimer and Co., also the two story brick store next to
the corner of St. Michael and Commerce Street, No. 40, and
now occupied by Forcheimer & Co., also the Alabama Warehouse;
also the three story brick store next to the Northwest corner
St. Michael and Commerce Streets, No. 35, occupied by Michael
Lyons & Co.; also all of the land owned by me in the State of
Mississippi; description not now remembered.
"Seventh:
I give, devise and bequeath to my daughter Virginia E.
Mitchell, for her sole use and benefit forever, the following
named real estate in the City of Mobile, State of Alabama,
to-wit: One two-story brick building on Government Street,
No. 48, 2nd next to Kosminsky's; also one three-story
brick store on Water Street, No. 31, between St. Michael and
St. Francis Streets and also the building on St. Michael
Street, No. 23 occupied as a warehouse; also the store on
Water Street, No. 33, also one-half of the dwelling now
occupied by me on the S.W. corner of Government and Joachim
Streets together with half of the household furniture,
pictures, glass-ware, carriages, horses, etc., etc.,
remaining therein at my death, reserving from this devise and
bequeath the plate and such other articles as I may otherwise
dispose of by a memorandum signed by me; also one brick store
on the east side of Water Street, now occupied by Strauss as
an auction store, K. Irwin upstairs; also one lot on Bay
Shell Road, 2nd Toll Gate.
"Eighth:
I give, devise and bequeath to my son Edward Emanuel the
following described property in the City of Mobile, State of
Alabama, to-wit: The store on west side of Commerce Street
now occupied by Michael & Lyons, situated between St. Michael
and St. Louis Streets, being No. 39; also the building on the
North East corner of Royal and St. Michael Street; in which I
have heretofore owned a three-quarter interest with the
estate of Lyon, but have purchased the remaining one-fourth
interest from the estate of Lyon, and now give the entire
property to my son Edward, said building now occupied by
various parties; also the two story brick building situated
on the North East corner of Government and Royal Streets, now
occupied by Kosminsky; also a small building No. 47 South
Royal, next to Kosminsky's; also the three story brick
building No. 10 St. Michael Street.
"To
have, hold, and enjoy by my said son Edward Emanuel the use,
benefits and profits of said property above bequeathed,
during and for his life only; but if he should die leaving a
wife and child or children, then his said wife shall have and
enjoy the use, benefits, and profits of the same, during her
life only, and at her death it shall go to my son's child
or children, if any be living, forever; but if my son should
die, But if he should die leaving neither a wife, nor child
or children, then it is my will that all of said property
shall go to his sister or sisters, nephew or nephews, niece
or nieces, as he may will or direct, forever. It is my will
and I so direct that my executors herein named, or whomsoever
may become my executor or administrator, shall become, and
they are hereby constituted and appointed trustee or trustees
for all of this property herein devised and bequeathed to my
said son Edward Emanuel; and it shall be his or their duty to
manage, control and take charge of said property, renting or
leasing it, and the income and profits, after paying the
taxes, insurance and other necessary expenses incident to the
management of said property, to be by them paid to my said
son Edward as my son shall wish or require.
"It
is my will, and I so direct, that none of said property shall
be sold during the life of my son unless said trustee shall
concur with my son in the opinion that a sale would be
manifestly to the interest and advantage of my son; and in
event such a sale should be made, it is my will that said
trustee or trustees shall join in the conveyance to the
purchaser and that the purchase money shall be paid to the
trustee or trustees, and the amount so realized shall be by
them in property to be held and owned by my son upon the same
terms and conditions in every respect, both as to his estate
therein, and as to the mode and manner of inheritance and
descent, and as to whom it shall go after his death, as the
property herein devised is held by and
for him. And it is my will that unless the terms and
conditions of such sale above set forth are faithfully
complied with, then such sale or...
