ALABAMA, Mobile County: Robinson (1838)

Will of Tod Robinson

Attached is the will of Tod Robinson (a .txt file).  This was copied from the county court house for Autauga Co. by my grandmother in the 1930's.  A copy is also on file in Lowndes Co., AL.

Will of Tod Robinson
Feb. 2, 1838
Volume 3, page 601
Autauga Court Records 
 Prattville, Alabama

State of Alabama
Mobile County

I, Tod Robinson, Sr. of the county of Autauga, being of sound mind but infirm health and feeling the necessity of making a just and proper appointment of my property, do make and constitute and appoint this to be my last will and testament, hereby revoking all others and ordaining this to be the only true valid and general disposition of my estate real and personal.

Item.  I wish my executors hereafter mentioned to pay all my just debts.

Item.  I give to my granddaughter, Martha Ann Caldwell, a Negro girl named Jane.

Item.  I give to my daughter Hannah R. Caldwell (Polly) the plantation upon which I now reside, to her and her heirs forever.

Item.  I give to my daughter Ann Terry Robinson-Wyatt, my certain tract of land known as the Big Spring land and my family Bible, to have and to hold the same to her sole and separate use and in the wish that the same shall not be sold or altered by her in her life, than use and behalf of her body.

Item.  I give and bequeath to my son, William Robinson, and his heirs, all that tract and parcel of land situated in Autauga Co., known as the Gholson tract, and all that tract in township 16, range 15, the east side of the Alabama River near Calib Talley's and one half Quarter section of land near Hugh McCall's, in Lowndes Co.; a Negro man Pomp, a Negro woman named Mama Ary and her children with her to have and hold them same in trust for the benefit of my son, Eli Terry Robinson, but the same shall not be subject to the payment of any debt that he may owe, nor shall the rent and the profits of the land of the hire of the slaves be applicable for the same object, but the same shall be held for and during the use and the benefit of the said Eli T. Robinson and his family for and during the time of the said Eli T. Robinson's natural life and from and after his death to the use of such persons as the same may be devised and bequeathed by him, the said Eli T. Robinson, his will or wish that no will shall be made by him than to his heirs at law of the said Eli T. Robinson.

Item.  I give and bequeath to my son, William Robinson, the tract of land on Pettalla or Tallasapa Creek, situated in township 14, of range 15, containing six hundred and forty acres, more or less, to be held by him as a trust for my son, Tod Robinson, Jr., and to permit him to have and receive the rents and profits of the same but the said lands and annual rents and profits shall not be subject in the hands of the said trustee for payment of any debt that the said Tod Robinson, Jr., may now owe, and should the said Tod Robinson, Jr. make a last will and testament and devise said land, it is my wish and desire that the said Tod Robinson, Jr. 
may hold same subject to the appointment he, the said, may make and in default thereof to be delivered after his death among his heirs at law.

Item.  I give and bequeath unto my son, William Robinson, all lands which he has now in his possession of which belongs to the plantation at Lock Range, containing about six hundred and sixty acres and which is east of the Alabama River.

Item.  I give and bequeath all the rest and residue of my property, both real and personal, it is my wish and desire that it should be divided among my children.

Item.  It is my wish and desire that the part which shall be appointed to my daughter, Ann Terry Robinson-Wyatt, and Eli T. and Tod, Jr., shall be held and taken as subject to the conditions and use and reservations I have expressed in regard to the property specially devised and bequeathed to them severally, in the previous sections of this my last will and testament.  For the purpose of holding and securing the property of the said Tod, Jr., and the said Eli T. Robinson, according to the said use, I do hereby appoint and nominate my said son, William Robinson, a Trustee of the same and do hereby invest him with full power and authority over said property, and do give him ample interest in the same to exonerate and discharge and hold it free from debts.  The said Eli T. and the said Tod, Jr., may contract, and the said William Robinson in conjunction with or in conjunction with Eli T. Robinson may dispose of their respective part of the said property, when they shall think best for their interest.

Item.  I desire my executors to give a deed to my son-in-law, William Wyatt, one undivided half of four hundred acres of land situated in Lowndes County known as Lake land, he having a joint interest in the same within the said lands.  Also a deed to a fractional section of township 16, range 15, west of the Alabama River, being land I have heretofore given him, but to which I have never executed titles.

Item.  I desire also my executors to give to my granddaughter, Martha Ann Caldwell, the Negro woman Lucindy and her child.

Item.  I do hereby nominate, constitute and appoint my sons, William and Cornelius Robinson, to be executors of my last will and testament and do hereby give them full power where I have made division of lands by general description, I wish them to execute proper deeds and conveyances to my desire and to give such wish the evidences of titles in my possession in testimony whereof the said Tod Robinson, Sr., have here unto set my hand and fixed my seal this Second day of February, 1838.

       Signed Tod Robinson, Sr.

Signed, sealed and published
And declared in the presence
John a. Campbell
John P. De Jarnette
H. Harison


Codicil to the fore going last will and testament executed the third day of February, 1838, no wish revoking the same, but confirming it in all particulars except so far as mentioned by this codicil, I revoke the gift of the girl, Jane, to my granddaughter, Martha Ann Caldwell, and desire my executors to give the said girl to Jane Eliza Caldwell, my granddaughter.

Witness my hand and seal  Tod Robinson, Sr.

Signed, sealed, published
And declared in the presence of 
P. Harison
H. Harison
John Bugley


Second Codicil to the foregoing last will and testament executed this seventh day of February, 1838, the year of Our Lord, not altering the same but confirming in every respect except, in the particular herein after mentioned in the second codicil.

I desire my executors to keep all my Negroes together for five years as they are now situated.  That is to say, those on the home place to be kept, and those at the Averett place to be left there, but if my daughter, Hannah, should remove to this state, then the Negroes at the home place are to be removed to the Averett plantation.  My Executors will separate the Negroes on 
the plantation and during the year make an equal distribution of my property, made in the foregoing will.  That is to say, a sahre to each of my children:  Hannah one;  Cornelius one; to my son William, five shares, one for himself and one each for my son, Eli T. Robinson,  one for my son, Tod, Jr., and one for Ann Terry R. Wyatt in trust.

I do further desire that if my daughter, Hannah, should sell the home place and my son, William, should buy it as he promised he would, that he then should hold in trust 80 acres thereof, lying at the Camp grounds around the Spring in trust to my son, Eli T. Robinson, to be held on the same terms and conditions as in the foregoing testament.

Witness my hand and seal  Tod Robinson, Sr.

Signed, sealed, published
And declared in the presence of 
William J. Leyard
Richard Bullock
Nat W. Alexander

Recorded March 28, 1838
William Thompson, Clerk

Copied by and for the use of Mrs. E. S. Garrett, great-granddaughter of Tod Robinson, Sr., granddaughter of Cornelius Robinson, appointed as executor.
Permission given by Judge Posey, 1930, Probate Office