This is the will of my paternal 5th great-grandfather, William Mitchell. Though I know little about his life, this document and a few other records provide glimpses into his story. Born around 1765, he moved to the city during the Spanish occupation, around 1795, when the region was known as "Spanish West Florida."
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“Sunset, Evening, Dusk image” Image by Michael Gravois from Pixabay
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WILL TRANSCRIPTION
In the name of God; Amen; I William Mitchel of the County of Mobile, and State of Alabama, being in sound, and perfect mind, and memory, (blessed be God) do on this sixth day of March in the year of our Lord, one thousand eight hundred, and twenty, make, and publish this my last Will and Testament, in the manner following: that is to say
First, I give, and bequethe unto the free negroe-woman Margarette sometimes called Rosette, now living at my house in the City of Mobile, a female-slave named Henriette now about twenty two years of age, to be her absolute property for and during her natural life; I also give and bequeathe to the said Margueritte, another female slave named Charlotte, in like manner during it’s natural life, but after her death, to become, with their increase, the property of the daughter of the said Margueritte called also Margueritte, and whom I acknowledge to be my daughter; But should the said last mentioned Margueritte die before her mother leaving no children, then the said negroe woman Henriette and Charlotte shall belong to her brother the mulattoe boy named Auguste, though he is commonly called Jim, a son of the said negroe woman Margueritte, and whom I also acknowledge to be my son. But should both my said children Margueritte, and Auguste die before their mother, leaving no issue; then and in that case, the above mentioned negroe-woman Margueritte shall possess the said slaves Henriette, and Charlotte absolutely, and may dispose of them by Will, or otherwise; and if she should not dispose of them as above-mentioned, then, they shall be divided like other property herein-after mentioned.
Item, I give, and bequeath unto Auguste the son of my before-mentioned daughter Margueritte, a negroe girl named Phillis. It is, moreover, my will, and desire that should my before-mentioned daughter Margueritte die before her mother, and leave children, they, or such child, or children as she may leave, shall stand in her place, and if she die before her mother without children, and her brother Auguste die before his mother, and leave children, they, or such child, or children as he may leave, shall stand in his place.
Item, I give, and bequeath unto the said free negroe woman Margueritte the house, and lot where I now reside situate at the cooner of Conseption and _[blank]_ streets opposite the lot whereon Honoré Colin now resides and adjoining a lot formerly belonging to Mr. John Trouillet, together with all the house hold furniture belonging to said house to be held and enjoyed by her during her natural life; and, after her death, the said lot, house, and house hold furniture shall be the property of her children above-named Margueritte, and Auguste (commonly called Jim as before mentioned) And should both of them die without issue before their mother; then it is my will, and desire that the said property shall be disposed of as directed in the former article with relation to the slaves Heriette and Charlotte.
Item, I give, and bequeath to my said daughter Marguerette, a negroe-girl named Nannette, and to my son Auguste (commonly called Jim) I give a negroe-girl named Rosalie with their respective increase, the said slaves are to remain in the possesion of the negroe-woman Margueritte mother of the said Margueritte, and Auguste until they become of age, or be married, and I hereby declare her their guardian. And should either of my before-mentioned children die without issue, then the property hereby bequeathed to them, shall go to the survivor, and should both of them, die; before they are of age and without issue; then it shall be disposed of as directed in the first article.
Item, I give, and bequeath to the said negroe-woman Margueritte, a negroe girl named Jeane the child of Charlotte herein before given to said Margueritte, to be held by her in like manner as her mother.
Item, It is my will and desire that my negroe slave named Philip, be free at the time of my decease, if permitted by law, but if not, then I give and bequeath him to his mother the free negroe-woman Margueritte herein before mentioned.
Item, the rest and residue of my property both real and personal; that is to say my land, slaves, horses, cattle, not including the cattle owned by the before-mentioned free negroe Margueritte, and which have her brand, or such as she may own at the time of my death. I give, and bequeath to a mulattoe man named Zeno whom I acknowledge to be my son, a shoe maker by trade, and now living in Mobile, to a mulattoe woman named Margueritte who I acknowledge to be my daughter, now, lives in New Orleans, and who is not the same Margueritte herein before mentioned; and to Therese Lorandine who passes for my daughter the two first being children I had by the free mulattres named Margueritte Lucien, now deceased, and the last, to wit, a child Therese Lorendine a child I had by Marie Defily[?] afterwards, Madam Cadet[?], (also now deceased) and which said Therese is now the wife of Edward Lorendine, but who as I hereby declare is to have no preference, of pre-emienence, or advantage whatever, over the other legatees although a white woman. And the said Zeno, and Margueritte children of mine by Margueritte Lucien the free mulattress and Therese (daughter of Marie Defihy) shall severally hold forever the property hereby bequeathed equally to be divided share, and share alike, respectively between, and amongst them. And the property herein before bequeathed jointly to my children Margueritte, and Auguste, (commonly called Jim) the children of the negroe-woman Margueritte) shall, also, in like manner, be held severally between them; that is to say the real property shall be equally divided between them the said Margueritte and Auguste, share, and share alike when ever they shall agreably to the here intent and meaning of this will, become entitled thereto.
And I, hereby, make, and ordain my worthy friends Louis Dolive and Joseph Krebs executors of this my last Will and Testament, and I pray them to cause the same to be duly executed, and I invest them with full power to prevent any distribution, sale, or waste, of the property bequeathed to the negroe-woman Margueritte during her life, and reserved for her children afterwards; And should she die before they are of age, I request my said executors to take care of the said property for the benefit of the said Margueritte and August her children. I hereby revoke all other wills by me hereto made, and declare the same to be null, and void. I moreover, declare that I have no money whatever laid up, as seems to be commonly believed, and that I have no more than is sufficient for ordinary purposes.
Signed, sealed, published and declared
by the said William Mitchel, as his last Will William Mitchell (seal)
and Testament, in the presence of us, who were
present at the time of the signing, and sealing
thereof.
Saml Acre
Francis Girard
Francis Girard Juner
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[Codicil – 13 March 1822]
Whereas I have made, and duly the above writing, my last Will and Testament, bearing date the sixth day of March in the year of our Lord one thousand eight hundred and twenty; Now I do hereby declare this present writing to be a Codicil to this my last Will, and direct the same to be taken as a part thereof; And I do hereby, give, and bequeath to Margueritte the same negroe-woman who is mentioned in my Will to which this is a Codicil, a negroe-man named Joe also all the house-hold-furniture of every description of which I may die possesed whether the same be in the house in Mobile, or at the plantation, or elsewhere. And if there should at my decease a crop either growing, or gathered, I give and bequeath one half thereof to the said Margueritte, and to her two children mentioned my will above written, and the other half thereof I desire to be equally divided between and among the other Legatees above named in my said Will. I declare that all the hogs of every description which are at the plantation, are, now, the rightful property of the free-negroe woman Margueritte sometimes called Rosette above mentioned, that having no claim whatever thereto, it is my Will, and desire that she the said Margueritte, be not disturbed or, in any wise, molested in the possesion or enjoyment of the said hogs.
In testimony whereof I have hereunto subscribed my name and affixed my seal in presence of the witnesses whose names are under written, at the City of Mobile, this thirteenth day of March, in the year of our Lord one thousand eight hundred, and twenty two.
Samuel Acre William Mitchell (seal)
Witnesses Francis Girard
Francis Girard Jun
1822
Will
of 400/125
William Mitchell (decd)
Filed 14th May A.D. 1824
Hugh H. Rolston Clk
Recorded Book A page
96. to 102 -
WILL IMAGES
SOURCE
"Alabama, Wills and Probate Records, 1753-1999," indexed database with record images, Ancestry.com (https://www.ancestry.com: accessed 6 March 2025), "Mitchel > Court Records Will Book, Vol 1-2, 1813-1857," images 65-68 of 431, will of William Mitchell, 1820, of Mobile, written 6 March 1820, with codicil written 13 March 1822.
The next post will will reveal what I also found on Ancestry.com...
