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Clark, Albert  1847-1920

submitted by Al Grant

Albert Clark was my great-grandfather. He was born into slavery in 1847 in South Carolina and moved with his owners, probably Ransom Clark, from South Carolina before his third birthday in 1850. His son, Thomas Melton Clark (1896-1984) was my maternal grandfather. My grandfather owned several acres of land in the area of Mt. Nebo Road south of New Hope Road. Most of this land is still owned by his heirs.

Albert, along with many other members of the Clark family, including my grandfather, are buried in the Blackwater/New Hope Baptist Church cemetery, which is located at the dead end of Blackwater-New Hope Church Road off of Highway 39 (just north of a new East Mississippi Power substation).

Additional information is noted within brackets.

Last Will & Testament of Albert Clark,

Filed for Probate & Record July 3, 1920.

Probated & recorded same day.

Harbour, clerk. [No first name was written, but J. L. Harbour was one of the witnesses to Albert’s mark]

State of Mississippi

Kemper County

I, Albert Clark, a resident Citizen of Kemper County, Miss., and above the age of 21 years, being of sound and disposing mind and memory, realizing the uncertainties of life and the certainty of death, do make, publish, and declare this to be my last will and testament and codicils thereto:

• I will that all of my just debts be paid before any of the bequests and devises herein are taken, and to this end a charge is created on all my estate, both real and personal.

• I give and bequeath to my son Melton Clark, who lived with all his life, helped to look after my property, and has assisted me and helped me and cared for me in my old age, all my household goods of all kinds and descriptions, all heir looms and family jewels, kitchen and cooking utensils; all the agricultural products on hand at the time of my death, whether harvested or unharvested, and the agricultural products of my land which I may have planted myself or had planted for myself, whether crop is finished or unfinished, and all rents(?) accruing in the year of my death; all farming implements and tools, including harness, wagon, blacksmith tools, saddles, and bridles.

• I give and bequeath to the son of my last wife [note: my great-grandmother died shortly after the birth of my grandfather, Albert later remarried but I get the idea it was a short and not sweet marriage], from whom I have heretofore obtained a divorce, the name of said son being Willie Clark and whom I have never seen, he having been born after said wife had left me and my place [of residence], the sum of $25.00.

• I give and devise to my daughter, Judie Grace, 50 ½ acres of land situated on the South end of the E ½ of the NW ¼, section 30, township 10, range 16 east, Kemper County, Miss.

• I give and bequeath to my son Ben Clark 29 ½ acres of land situated on the north end of the E ½ of the NW ¼, Section 30, Township 10, Range 16, and 21 acres on the south end of the E ½ of the SW ¼, Section 19, Township 10, Range 16 east, all in Kemper County, Miss.

• I give and bequeath to my daughter Mamie Rushing 55 acres of land in E ½ of SW ¼, section 19, township 10, range 16 east, Kemper County, Miss., it being my intention to devise to said Mamie Rushing all of the said subdivision not herein devised to Ben Clark in item 5 of this will, except four acres in the Northwest corner thereof.

• I give and bequeath to my son [Thomas] Melton Clark, 50 ½ acres of land in the W ½ of the SW ¼, section 19, Township 10, Range 16, and in the E ½ of the SE ¼, Section 24, Township 10, Range 15, all in Kemper County, Miss described as follows: Bounded on the north by old dividing line between the tracts of land I bought from Dr. Brown, this tract being known as the Ellerbee tract, and the tract I brought from the widow of Lou Watkins, who afterwards married Mr. John Cox, said line running from the west line of the E ½ of the SW ¼, section 19, Township 10, Range 16 east, to the west line of the E ½ of the SE ¼, Section 24, Township 10, Range 15 east, and bounded on the east by the said west line of the E ½ of the SW ¼, Section 19, Township 10, Range 16, on the West by the said west line of the E ½ of the SE ¼, Section 24, Township 10, Range 15, and being bound on the south by a straight line running east and west to the begin at such a point south of where the old dividing line as above set out and described, intersects the said west line of the E ½ of the SW ¼, Section 19, Township 10, Range 16, as [this] will give him in the form of a parallelogram 50 ½ acres of land lying between the said north, east, and west lines as herein fixed, and the said south line as herein designated, it being the intention hereby to give and bequeath to the said Melton Clark my house and all my home improvements, and it being my further intention to give and bequeath to him the north one half of the land I own known as the Ellerbee tract.

• To my daughter Alberta Petters, I give and bequeath the south on half of the land I own known as the Ellerbee tract, and more particular described as being bound on the north by the south line of the tract devised to Melton Clark in item 7 of my will, on the east and on the west by the same lines as bound the tract devised to Melton Clark in item 7 hereof on the east and west, and on the south by [the] line between section 19 and section 30, township 10, range 16, which continuing westward is the line between sections 24 and 25, township 10, Range 15 east, all in Kemper County, Miss.

• To my son Lee Clark I give and devise 30 acres of land in Sections 10 and 15 in Township 10, Range 15 east, Kemper County, Miss, the exact description being unknown to me, but it is my intention to devise to my said son Lee Clark that 30 acres of land which is known as the Jumper Jennings land, and which was sold to my son Lee Clark by Dr. S.D. Stennis but he [Lee] not being able to pay for it, I took the land and hold (sic) it for the purchase money; and it lying next to where my said son Lee Clark lives, I now give and devise what rights I may have in it at the time of my death to him.

• To my daughters Callie Powe, Cora McAlebb, and Emma Griffin, and to my son Spencer Clark, I give and devise the 100 acres of land I own which I bought from the Widow Lou Watkins, which is described as the S ½ of the S ½ of the NE ¼, Sec 24, township 10, Range 15; 30 acres on the north end of the E ½ of the SE ¼, Section 24, Township 10, Range 15; 30 acres on the north end of the W ½, of the SW ¼, Section 19, Township 10, Range 16 east, and [a] fraction of 17 acres, more or less, on the south side of the SW ¼, of NW ¼, Section 19, Township 10, Range 16 east, share and share alike, each to take an equal number of acres of land and it is my will that this land be divided between them in the following manner: My daughter Cora McAlebb to take hers from the eastern end of said lands; my daughter Emma Griffin to take hers next and west from Cora McAlebb’s, my son Spencer Clark to take his next [and] west from Emma Griffin, and my daughter Callie Powe to take hers next and west from Spencer Clark; the dividing lines north and south between these daughters and my son to run entirely across this tract devised to them north and south.

To carry out and make certain this item I hereby authorize and direct the executor hereafter named to cause the said lands devised in this item to be surveyed and platted out, and determine the dividing lines as herein designated, and when this is done, then I direct, and authorize him to make and deliver a deed to each of the parties named in this item to that tract which he determines as herein provided goes to them respectively which deed shall vest each of them with title to said lands so set apart to them by my executor. However as to that part which goes to my said daughter Callie Powe it is my will and direction that should she precede me in death without issue of the body, or should she die after I do without issue of the body, then it is my will that that part of the lands which are here devised to her shall, upon the happening of such an event [a unreadable sentence but it looks like he wanted Callie’s brothers and sisters to get her land if she died without children, with one exception] except as to my said son Willie Clark, who gets nothing, and to their heirs in fee simple. But should she, the said Callie Powe, die with issue of the body living, then at her death it is my will that her land herein devised go to the heirs of her body in fee simple.

• It is my will further that at my death, all money which I may have on hand, or on deposit in any bank or banks, be divided equally among my children herein named, except said son Willie Clark, who gets nothing; that all livestock on hand be sold by the hereinafter named executor at public or private sale as he may elect, and the proceeds [be] divided equally among my children herein named, except my son Willie Clark, who gets nothing; that any debts due me be collected by the executor hereinafter named and the money be distributed equally between all my said children except said son Willie Clark, who gets nothing.

• All other property not herein specifically devised or bequeathed I give, devise and bequeath to all my children herein named, except the said son Willie Clark, who gets nothing.

• I hereby appoint and nominate my son Spencer Clark as executor of this my last will and testament, and having full faith and confidence in his integrity and ability, my will is that he give no bond; that he be not required to render any accounts to any courts on his actions as executor; and that election, decision, and acts done and binding on all donees and devises herein. Should said son Spencer Clark precede me in death or die after I do but before his acts as executor are finished, then it is my will that my son Lee Clark be and is hereby named and appointed my executor, who shall give no bond, and whose acts shall be freed from accounting to any court, and shall have the same force and effect on donees and devises herein named as the acts of my said son Spencer Clark are herein determined and fixed.

Witness my hand this the 11^th day of March 19, 1920.

              Albert Clark 
with his mark, a X, between his first and last names

             Signed in the presence of:

             J.L. Harbour

             L.P. Spinks