In the name of God amen. Know all men by these presents that I Philip McCarty of the County of Dale and the state of Alabama, considering the uncertainty of this life and being of sound mind and memory, do make, declare, and publish this my last will and testament.

First I give and bequeath unto my beloved wife Mary McCarty the use and improvement and income of all my property both real and personal and their appurtenances situated in the county of Dale and State of Alabama to have and to hold the same to her for and during her natural life.

Second, I give and bequeath unto my son James M. McCarty all that portion of my real Estate lying in Section Eight and Seventeen, Township Four, Range twentythree, and my said son James M. McCarty is to take care and support my beloved wife Mary and Amanda C. McCarty, the widow of Thomas R. McCarty, and my grandson Philip R. McCarty, the son of Thomas R. McCarty, during their natural life. At the death of my beloved wife Mary, my said son, James M. McCarty, is to take possession of the above real estate to his own use and behoof forever.

Third, all the residue of my estate both real and personal of which I shall be seized and possessed or to which I shall be entitled at the time of deceased and at the death of my beloved wife Mary to be sold and the Proceeds thereof to be equally divided among all of my lawful heirs.

Fourth, I do nominate and appoint my beloved son James M. McCarty to be the Executor of this my last will and Testament. in testimony whereof I have subscribed my name and set my seal this the seventh Day of June in the year of our Lord one thousand eight hundred and seventy-nine.

Witnesses: E. Brooks, H. B. Brook

Recorded in Orphans' Record C, pp 75-76. Signed John W. Simmons, Judge of Probate Court, June 13, 1881.

Filed on June 29, 1891 and recorded in Orphans' Court, V A, pp 328-29.