Will of Hardy Clements, dated November 7, 1866

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The late war and its results having produced a great alteration in the condition of my property and pecuniary condition, I, Hardy Clements, of Tuscaloosa County, Alabama, hereby make and publish this my last will and testament, hereby revoking and annulling all other wills heretofore made my me.

1. I desire that all the debts I owe be paid.

2. I give and bequeath to my beloved wife two thousand dollars in gold.

3. I further give to her during her natural life the dwelling house in which we live, with all the appurtenances, and all the household and kitchen furniture, including everything commonly used about the house and kitchen.

4. I desire and bequeath to my son Collier Foster Clements all the land belonging to the home place, including about "eight" thousand acres, and about one hundred and twenty acres, in the neighborhood, known: as the coal bed. But this device is not in any way to interfere with the full carrying out of the item next proceeding. I also give and bequeath to him, after my wife's death, all that I give and bequeath to her by the third item of this will, during her natural life. I also give and bequeath to him all my horses, mules, cattle, hogs and stock of every description, and all my tools and farming implements, in every species of personal property left by me upon the place, not otherwise disposed.

5. I desire that unless previously disposed of by me, a tract of land own, near Macon, Mississippi, containing about seven hundred and twenty acres, and a tract on the Huntsville road in Tuscaloosa County, Alabama, be sold at probate sale as my executors hereinafter named may think best and that the proceeds be equally divided among all my children, Rufus Hargrove Clements, Luthur Morgan Clements, Early Coleman Clements, Ann Stewart Prince, Newton Nash Clements, Egbert Rush Clements, Senie Rice Clements, and Collier Foster Clements, share and share alike; I also give to them to be divided in like manner all the debts due me, contracted prior to the tenth day of December 1863, which may remain uncollected at my death. As some of them have received, and may be hereafter received, so as to bear date after that date, I will make a memorandum to that effect on each paper so renewed, whereby it may be known.

6. All the debts due me, contracted since the said tenth of December 1863, remaining unpaid at my death I give and bequeath to my two children, Senie Rice Clements and Collier Foster Clements, to be equally divided between them share and share alike.

7. In the event of the death of my said son Collier Foster Clements, without issue then living, but leaving my said daughter Senie Rice Clements, then living, I give and devise the real estate hereinbefore devised to him, that is to say, the Home place and the coal bed, to my said daughter Senie Rice Clements, to take effect from the date of his death.

8. Whatever sum of money I may have on hand at the time of my death, not exceeding two thousand dollars, after paying the pecuniary legacies herein bequeathed, I give and bequeath to my said son, Collier Foster Clements and my said daughter, Senie Rice Clements, to be equally divided between them, share and share alike, and whatever is over two thousand dollars, then on hand after paying said money legacies, I give and bequeath to all my children, named in the fifth item or paragraph of this will, to be equally divided among them, share and share alike.

9. The money legacies herein bequeathed must be paid in any event. If there be not money enough on hand at the time of my death, to pay them, they must be paid out of the proceeds of the "property" devised and bequeathed in the said fifth item of this will to all my said children alike.

10. I give and bequeath to my executors hereinafter named or to such of them as may act, one thousand dollars, for their services, to be in lieu of all other compensation.

11. I nominate and appoint my sons Newton N. Clements, Egbert Rush Clements and Collier Foster Clements, the executors of this will. I desire that they may not be required to give any bond as such, and as all my children are of lawful age, I desire that they be relieved from all unnecessary accounts with the courts.

Given under my hand and seal this 7th day of November 1866.

Hardy Clements