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Will of Elizabeth Cabaniss
Widow of Henry Benjamin Cabaniss
Submitted By: Myrl Ross
Elizabeth Davis, dau of William Davis of Jones County, GA married 1)Reuben Bennett and married 2) Henry Benjamin Cabaniss.
State of Georgia
Floyd County Book A pp 441, 442, 443, p 278.
In the name of God, I, Elizabeth Cabiness believing in a Supreme Being, and that it is appointed for all to die, and being of a sound
disposing mind do make this my last will and Testament. To Wit
1st I will that all my debts shall be paid and that my body shall be buried in a style suitable to my condition in life.
2nd I will and bequeath to my daughter Mary Merritt that portion of lot No 208 of the 23rd District of the 3rd section of originally Cherokee now
Floyd County on which I now reside, lying on North side of the road leading from Rome to Calhoun and on the west side of a cross fence as it
now stands commencing at a point on said road near a ditch in the hollow between my residence and the residence of Thos G Watters
and __in a north direction until it strikes the land now occupied by James F Griffin, excepting such portions as may have been sold off to
Green T Partin and Mitchell Johnson together with that portion of the woodland on said lot now lying on the South side of said road in the
South west corner of said lot and between said road and the road leading from said road and Mrs Esther Ligons place as will as the little
open field lying opposite the brick yard together with all the personal property. I may possess at my death, (with the exception of two bedstead,
bedding and bed clothes) to have and to hold all of said property for her own use and benefit during her , said Mary Merritt, natural life and at
her death to go in fee simple to her son William O Merritt, my grandson provided my said grand son William O Merritt shall remain with his mother
or shall take proper care of her during her life, he to control the aforesaid
3rd I will and bequeath to my grandson Reuben W B Merritt the four hundred dollars which I have heretofore loaned him, together with that portion
of said lot of land No 208 lying east of the aforesaid cross fence and north of said road running from Rome to Calhoun now enclosed in one
field containing about fifteen acres more or less.
4th I will and bequeath to my grand daughter E Louisa Anderson (the wife of John Anderson) and James W Merritt, all the balance of said lot
of land not heretofore and above disposed of to be equally divided between them to share going to my said grand daughter to be held by her
said husband John Anderson in trust for her sole and separate use during her life and at her death to be equally divided between her children
which she may have.
5th I will and bequeath to my grandsons William O Merritt and James W Merritt each a bed and bed clothes with bedstead mentioned in item
2nd of this will.
6th I will and bequeath to my daughter Mary Merritt, and my grand children E Louisa Anderson (to be held as directed in item 4th) William O
Merritt and James W Merritt, the notes which I hold on E M Johnston for three hundred dollars and on Green T Partin for three hundred dollars,
to be equally divided between them in four shares, as well as one hundred dollars now owing to me by a Mr. Willington as Executor of
Charles Grisom deceased together with the interest on account of said ___
which may __ thereon.
7th I will and bequeath to my grandson Reuben W B Merritt the forty Dollars together with the interest thereon which is due for a lot of land
sold in Polk County, GA.
8th I hereby constitute and appoint Absolom B Ross, the executor of this my will and testament.
In witness whereof I have hereunto set my hand and affixed my seal in the presence of Jobe Rogers, E M Johnston and Daniel S Prentess (?)
who witness this the execution of this my last will and Testament. This the 2nd day of December 1858.
Signed sealed and acknowledged in the presence of us and we have signed the same in the presence of the testatrix and in the presence
of each other
E M Johnston
Daniel S Prentess
Will of Thomas Sutton Price
Submitted by Sheri Tiner
State of Georgia }
Floyd County }
In the name of God Amen, I Thomas S. Price of the county of Floyd and state of Georgia Being of sound and disposing mind and memory
and being desirous to settle worldy affairs while I have strength to do, to make and publish this my last will and testament hereby revoking all wills
by me at any time heretofor maid - and first I commit my sould to the God who gave it and my body ( ) to be buried in the family burial ground
near where I now live- And my worldly estate I dispose of as
1st my burriel expences to be paid out of my estate all of my just debts to be paid out of the same to it my estate
2nd I will and bequeath unto my Phereabay C. Price ( ) prophfits and rents ariseing from my plantation and as much of the live stock as she wants
for a seporte of that is not safishant she is to be well cared for out of everything belonging to my estate - The land and houses is to remain
in her portion Pheriabay C. Price during life or widowhood - I also will her my buggy and horses and the mare called Fancy I also will and
bequeath unto R. D. Price one Hundred Dollars over a full share at the division of my estate - Jane Price the daughter of William C. Price
who is now living with us is to have a feather bed of her own chosing and bed clothing, and a cow and calf, and one hundred dollars in money,
at the death of my wife the balance of my prperty to be equally divided between my children William John W. G.D. & R.D. Price and Joel L. Pyle
my son in law, and Nancy Tomlinson that is in Texas my daughter, in witness where of I the said Thos S. Price have to this my will consisting of
one sheet of paper set my hand and seal this the 24th day of May 1869. I appoint William C. Price & Joel L. Pyle my Executors. Thos S. Price
Signed sealed published and delivered by the above named Thos S. Price as his last will and testament in presants us who at his requests
in presence of each heir subscribed our names as witness hereto ( ?? above before signing) Robert Batty Floyd Co., GA E. J. Hardin
Floyd Co., GA M. R. Hardin Floyd Co., GA
Court of Ordinary December Term 1870. Came into open Court at this the regular term Eli J. Hardin and Milton R. Hardin, and being duly sworn
deposed that they saw Thomas S. Price sign and publish the within as his last will and testament while of sound and disposing mind - that they
witnessed the same for him at his request and in his presence and of each other and the same was executed volintarily by him and on the day
it purports to have been executed. H. J. Johnson E.J. Hardin
Ordinary M. R. Hardin
State of Georgia }
Floyd County }
We and each of us do solemnly swear that the writing contained the true last will and testament of the within named Thos S. Price, deceased,
so far as we know and believe and that we will and truly execute the same by paying first the debts then the legacies contained in the said wil
l as far as his goods and chattles will there unto extend and the law charge us - and that we will make a true and perfect inventory of all such
goods and chattles - So help us God- W.C. Price Joel L. Pyle Attest - Henry J. Johnson - Ordinary - Recorded Dec. 5th 1870 H. J.
In the name of God Amen. I Molly Ware being now weak in body, but sound in mind, do make and constitute this my last will and testament.
Item 1st I do hereby will and desire that out of the property I possess if I owe anything that my just debts be paid, out of the same.
Item 2nd It is my will and desire further that two Negroes, to wit, a woman of the name of Judy aged between thirty and forty years old, and a Negro boy aged about sixteen years old by the name of Dick the son of the said woman Judy both of said Negroes I will the use and possession to Letty Ware for and during her lifetime, but at the death of my daughter-in-law Letty Ware then it is my will that the above named Negroes are to be the right and property of my grandson George M. T. Ware for his use and benefit.
Item 3rd It is also my further will and desire that the two lots of land which I drew in my own right and name one lot containing forty acres (number I do not recollect) but which the plat & grant will show. The other lot containing one hundred and sixty acres
( number I do not recollect), but which the plot and grant will show both of said lots of land lying in originally Cherokee County, but the former lot now in Paulding County, and the latter now in Cass County, both of said lots of land I do will and bequeath to my grandson George M. T. Ware for his exclusive use and benefit.
Item 4th It is my further will and desire and I do hereby constitute and appoint Joseph Ford of the state and county aforesaid my Executor to this my last will and testament, and it is my wish and desire that he sees that my will and intentions as here in expressed be fully and correctly executed. In testimony whereof I Molly Ware have hereunto subscribed my hand and affixed my seal this fourth day of March in the year of our Lord eighteen-hundred and forty-four.
Her Mark "X". Witnessed by Edward Ware, Alexander Ware, Sarah Ford
Court of Ordinary, Floyd County
I do solemnly swear that this writing contains the true last will of the within named Molly Ware deceased so far as I know or believe, and that I will well and truly execute the same by paying first the debts and then the legacies contained in the said will, as far as her goods and chattels will thereunto extend and the law charges me, and that I will make a true and perfect inventory of as much goods and chattels. So help me God. s/ Joseph Ford
Sworn in open court, January 13, 1845, Jesse Lamberth, C. C. O.
State of Georgia Floyd County
I Joseph Ford do solemnly swear that this writing contains the true last will of the within named Molly Ware, so far as I know or believe and that I will well and truly execute the same by paying first the debts and then the Legacies contained in the said will as far as her goods and chattels will hereunto extend and the Law charges me. And that I will make a true and perfect inventory of all such goods and chattels So help me God. Sworn to in open court 13th Janry 1845
Georgia Floyd County- Recorded in Ordinary Clerks office in book D, pages 153-4 the 16th day of January 1845 , s/ Jesse Lamberth Clk
Inventory of the Estate of Molly Ware, Deceased
Inventory of the Estate of Molly Ware deceased both real and personal which she possessed at the time of her death.
" " " One Negro woman named Judy valued at $400.00
" " " " " boy Dick " " " 400.00
" " " One Lot Land No. 271 6 dist 3 sec valued at 200.00
" " " " " " " 196 1st dist 4 sec " " 40.00
We do certify on oath that as far as was produced by the Executor the above and forgoing contains a true appraisement of the Estate of Molly Ware deceased to the best of our judgment and understanding this 12th day of April 1845. Appraisers: Larkin Barnett, Edward Ware, Wilis Bobb
I do hereby certify that the above appraiser were sworn to perform their duty as appraisers according to law this 12th day of April 1845. Benjamin Bobo, JP
Recorded this 5th day of May 1845, Jesse Lamberth C. C. O.
Estate of Lettice Ware
Transcribed by John Harry Smallwood, Jr.
Inventory and appraisment of all the property belonging to the estate of Lettice Ware deceased as was exhibited to us by the administrators
One Negro Man Jasper valued at 975.00 One " Woman Charlotte & child valued at 750.00 One " Woman Nancy " 712.50 One " Girl Anna " 600.00 One " " Mary " 425.00 1 " Boy Carter " 387.50 1 Lot plows plow stock &c 20.00 2 pr plow gears &c 3.00 1 Lot plantation tools 2.00 1 " Bells Iron wedges other Irons 4.00 1 " Black Smith Tools 5.00 1 set streachers waggon Tongue & waggon Irons 7.00 1 Lot axes Maddocks & old saw 5.00 1 Log chain 3.00 1 Lot Shovels & hoes 3.00 3 sheep skins .75 1 keg tar .25 1 cross cut saw 2.00 6000 lbs seed cotton more or less 120.00 100 Doz. Oats more or less 25 Doz. 25.00 1 one eyed mule 45.00 1 yellow bay " 85.00 9 Turkeys 3.60 12 geese 3.00 30 Head Sheep 30.00 1 Lot Fatning hogs & stock hogs 220.00 5 stacks fodder 20.00 Fodder in stable loft 5.00 140 Barrells corn 350 490.00 1 lot shucks in house 15.00 $4,968.61
[page 2]1 ox waggon 50.00 5 Penrwheat straw 4.00 300 Doz. oats more or less 75.00 1 Thrasher & wheat fan 12.00 2 wheat boxes 50 1.00 12 bur stands 50 6.00 1 large yoke of oxen 50.00 1 small " " " 35.00 33 Head of cattle including milch cows 132.00 6 stands of bees 10.00 1 400 lbs Bacon more or less 122 175.00 2 Large Trofts 200 4.00 2 small " 50 1.00 1 Hogshead & 5 Barrels 1.50 12 empty Barrels 6.00 1 Box Fallow candles--20 lbs more or less 3.00 25 lbs nails 7 c more or less 1.75 1 Barrel Lard 20.00 1 lard Stand .50 1 keg & 1 Demijar of vinegar 8.00 1 lot Pewter ware 2.00 35 Gallons Stone Ware 1.40 1 Jar pickles .50 1 " Butter 2.00 3 Jugs & one Jar .50 1 Keg white Lace [??] 1.50 1 Framed Loom 7.00 5 Spinning wheels 8.00 2 pairs Steelyards 3.00 1 pair warping bars & spool frame 2.00 2 Schyths & cradles 3.00 1 cutting knife & box 1.00 1 still & cap & wor-- 35.00 50 Bushels wheat 1.25 62.50 1 Box bottles & 3 chambers 2.00 1 Reel & Map of Geo .75 $727.90 [page 3]
5 pairs ______ Irons 5.00 1 Lot planes 1.00 1 " old Leather 1.00 1 glass frame .25 1 Lot Bed Quilts 13.00 1 " comterfers single wove 24.00 12 Home made Blankets 24.00 13 " " new " 52.00 32 sheets 16.00 1 Lot foot curtains 5.00 16 lbs wool rools more or less 6.00 2 bundles factory thread 90 1.80 1/2 Bushel onions 1.00 1 lot of weaving harness & slays 1.00 1/2 box window glass 1.00 1 Lot cards 1.00 1 Basket Lint cotton 1.50 1 Bolt cloth 3.00 12 Windsor chairs 4.00 12 Split bottom " 2.40 1 looking glass 1.50 1 Bureau & Glass 15.00 1 Mahogany folding table 12.00 1 side Board 40.00 1 walnut folding table 3.00 1 small table 1.00 1 Dining table & Benches 2.50 1 small fine table .50 2 Large Trunks & 1 checks 4.00 1 Lot Towels Pillow cases & Table cloths 15.00 1 " Bottles vials medicine &c 5.00 1 " Decanters & bottles 4.00 1 " China ware Glass ware & Silver ware 20.00 1 " Crockery Knives forks &c 7.00 1 " Tin ware &c 7.00 6 Jars of Preserves 10.00 $306.45
[page 4]6 Jugs honey mollases cherry syrup 10.00 1 case glass Brittles 10.00 1 Lot of Books 1.00 1 wood clock 4.00 1 Bolt Shirting 31 yds 3.10 9 Bunches Pea foul feathers 2.25 7 Bed steads feather beds under beds & furniture 165.00 1 Lot Kitchen furniture 15.00 1 " Fallow 2.00 1 " Dried fruit 3.00 One note of hand given by J. D. Ford dated Oct 17th 1854 and due one day after date for 37.50
One receipt given by Trammel & Harry attorneys for collection one note of hand given by Harriet Jones dated and due Feby 4th 1850 150.00Do due and dated 30 Dec 1850 200.00 Do due and dated 17 Sep 1851 50.00
1,332.95Amt from first page 4968.61 " " 2nd " 727.90 " " 3rd " 306.45 " " 4th " 1123.85 Aggregate Amount of Appraisment 8459.79
Belle Dabbs Wright
Georgia, Floyd County, July 18, 1949
I, Mrs. Belle Dabbs Wright, of said state and county, being of sound and disposing mind and memory, hereby revoking all
other heretofore made by me, do make, publish and declare my last will and testament as follows:
It is my desire that I be given a Christian burial and that my jewelry be buried with me.
I have already made arrangements for my funeral with Daniel & Son Funeral Home in Rome, Georgia, and have paid for the same; it is my
will that these arrangements be complied with, and it is my further will that a blanket of flowers be procured for my casket similar in every
respect possible to the blanket of flowers which was used in the funeral of my late husband, E. C.
It is my desire that all my just debts be paid as soon as possible, after my death.
I give, bequeath and devise to my step-daughter, Inez Wright Moore, of Seaford, Delaware, all the property, both real and personal, remaining
out of the property devised to me for life by my husband, E. C. Wright; this being in accordance with his
I give and bequeath to my dear friend, Mrs. Peyton Grimm [should be Graham], the sum of $300.00 cash
I give and bequeath to my sister, Mrs. Georgia Dabbs, the sum of $500.00 cash to be used for any of her medical expenses or funeral
expenses where such expenditure may be needed. If the expenditure of such sum or any portion thereof is not needed, or if my sister,
Mrs. Georgia Dabbs, predeceases me, I give and bequeath said sum of $500.00, or any balance remaining of said sum, to my said
step-daughter, Mrs. Inez Wright Moore.
I give, bequeath and devise to my step-daughter, Mrs. Inez Wright Moore, all the rest and residue of my property of whatever kind or
nature, to be hers absolutely and unconditionally, in fee simple.
I give, bequeath and devise to my sister, Mrs. Winnie F. Proudfoot, the sum of $1 (one dollar)
I appoint Dr. W. H. Lewis, of Rome, Georgia, as my executor of this, my last will and testament. In the event he is unable or unwilling to serve
in that capacity, I appoint Mather Daniel, of Daniel & Son Funeral Home, Rome, Georgia, as executor of my last will and testament. It is my
further will that my friend, Mrs. Peyton Grimm [Graham] serve with Dr. Lewis or Mather Daniel, whichever of these gentlemen serves as executor
of this my last will and testament. I hereby empower my executor to sell any and all of my property, at public or private sale, for any consideration
which his judgement my dictate. I further empower my executor to borrow money, securing same by any of the property of my estate, as his
may dictate. I relieve my executor from making any bond or returns to any court whatsoever.
I am attaching hereto a receipted statement from Daniel & Son Funeral Home, Rome, Georgia, showing that my funeral, as referred to in
paragraph II, has been fully paid for.
[signed & sealed] Mrs. Belle Wright
Published, declared and executed by Mrs. Belle Wright, as her last will and testament on this 18th day of July 1949, she signing in our
presence and we signing in her presence and in the presence of each other, at her special instance and
James S. Underwood
Carol Ann Mathis
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