WILL BOOK 'A' - MONROE COUNTY, 1824 TO 1847

(Copyrighted  2008 by Elizabeth Robertson or person transcribing will. )

Transcribed by Elizabeth Robertson unless otherwise notated.

(Special recognition is given to Jane Newton for taking the time to copy this index and wills.  Thank you Jane.)

(Please note:  Jane Newton has found three boxes of the original wills in the Probate Office.  The boxes are not indexed, but she is willing to search through the boxes. She has found one will dated 1828.  If you would like for her to check for a particular will contact her at: BetsyL221@aol.com. If she does copy and mail a will to you be sure to reimburse her for her expenses.  Also please note: Copies of Wills  marked with (***) are in the possession of Liz Robertson. These wills have been transcribed and are on line, however, if one belongs to your ancestor please contact me and I will mail the copy to you.  (Contact Liz Robertson).

The Monroe Co. probate office now charges $10.00 in advance of doing any genealogical research.  A money order must be mail to them along with any request.)

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Transcribed wills are highlighted below.

INDEX - BOOK A        PAGE NO.

(These wills are transcribed as originally written. Some may find some of the contents offensive.)

GEORGIA, MONROE COUNTY
        In the name of God Amen.  I Nathan Phillips being of sound mind and disposing memory but being in imminent danger of death do make this my last
will and testament revoking all others heretofore made by me.
Item 1st.    I will and desire all my debts to be paid as soon as practicable.

Item 2nd.    My Negro property I desire to be equally divided between my children, my wife having already a competency in her own right.  (?)Advances of the girl already made to my daughter Jullary Sanders to be accounted for. (note by transcriber. No sure of this last sentence.)

Item 3rd.    That portion of negroes going to my daughter Mary Sanders and Theo Francis Tensley, I desire to vest in them for their sole use and benefit
and at their death to their children not subject to the debts of their present or any future husband and I appoint my son in law Simon Sanders trustee for
his wife and my son in law Andrew T. Tinsley trustee for his wife.

Item 4th.  My lands, stock, mules, horses, plantation tools, household furniture, _____, I desire to be kept for the support of my wife, my son James (?), Rebecca, David and William, Edward and my daughter Nancy Mildred and their negroes worked on it with the negroes of my wife and they are supported from it, and
either of my sons arriving at the age of twenty-one years and my daughter Nancy Mildred reaching the same no. of years, or marries, each of them will draw
their share of Negroes and on the death of my wife, the land, stock, mules, horses, are to be sold and equally divided between my children, the portion of my
daughter Mary Sanders and Theo Francis Nickles(?) resting in Trust as before mentioned.
    I constitute and appoint my friend Allen Cochran and Benier Pye, Executors of this my last will and Testament.  I publish this my last will and testament
and in ____ _____ I do hereunto set my hand and seal this 20th day in October 1856.  SS: Nathan Phillips.

(part of will)
"The world Mildred in 4th line 2 page, five words in 2nd item close of second and beginning 3rd line and work on sixth line, ____ _____ scratched out
before signing and the words "or marries" in item 4th, 4th line from top of second page entered before signing.
    Signed, sealed, published and declared by the Nathan Phillips as his last will and testament in presence of us who at his request in presence of each other
have subscribed our names as witnesses hereto. R. L. Roddy, Joseph Hill, Robert Collier
 

(WILL, 1832. RECORDED ON FOLIO 47, 48, 49, BOOK A, THIS July 1832. Elias Beale, CCO)
GEORGIA MONROE COUNTY
 In the name of God Amen. I Obadiah Phillips being in a sick and feeble condition but of sound mind and disposing memory do make and constitute this my last Will and Testament hereby revoking all others.

1st. It is my will that my Executors do sell as much of my property and such of it as they may think can best be spared as will be sufficient to pay all my just debts.

2nd. It is my will that my loving wife and two youngest children, Elizabeth I. Phillips and John L. Phillips do have free and peacable possession of the west part of my land where on I now live containing two hundred acres, divided North to South so as to throw all the buildings to their use, and to my loving wife I give my negro woman Barbary with her youngest child Sary. To my daughter Elizabeth I Phillips, I give my negro girl Gin and to my youngest son John I Phillips, I give my youngest boy Linds.

3rd. It is my will that if my loving wife should think proper to alter her condition by marriage that the lands cut off to her and the two younger children should be equally divided between the three and that this dowry of my loving wife, both lands and negroes Barbary and Sary be equally divided among my children. Should she not marry it is my will that at her death the two younger children should have their part of the two hundred acres of land which will be Sixty-six and two thirds acres. Then the dowry of my loving wife land and negroes Barbary and Sary will then increase to be equally divided among my children.

4th. It is my will that my two eldest Sons Paschal H. Phillips and James M. Phillips do have my two eldest negro boys, P. H. Phillips I give Sam and J. M. Phillips, Dred, and the hundred three and ¾ acres of land being on the East of the two hundred acres above mentioned. To be equally divided between them both East and West and Paschal H. Phillips to have the South side of the dividing line and J. M. Phillips the North side of the line.

5th. It is my will that my Guinnedd (?) tracts of land be sold and put to the use of education James M. Phillips to have one years schooling and John I. Phillips to have two.

6th. It is my will that my son J.. M. Phillips have my horse known by name of Micklenburg, Saddle, Bridle and bed and furniture. My daughter E. I. Phillips to have a colt now known by name Ciceroe, Saddle, Bridle, bed and furniture.

7th. It is my will that my loving wife have the rest of my household and kitchen furniture with my perishable property during her widowhood or lifetime. 8th. It is my will that my loving wife shall give my youngest son John I. Phillips at eighteen years of age a good horse worth one hundred dollars, with saddle, bridle, bed and furniture.

9th. I do appoint my loving wife Elizabeth Phillips Executrix and my son Paschal H. Phillips, Executor to this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this Fourteenth of December Eighteen Hundred and Thirty one. His mark. Signed sealed and published in the presence of John Dean, William Phillips, Joseph Stevens.

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In open court personally came before us John Dean, Joseph Stephens and after being duly sworn deposeth and saith that they saw Obediah Phillips sign, seal and deliver the writhin will for the purposes within named and that they believe him to be in sould disposing mind and that they saw William Phillips sign his name as a subscribing witness this 5th of March 1832 John Dean, Joseph Stevens Sworn to in open Court. Wm. Henry, DCCO ********************************************************************
GEORGIA, MONROE COUNTY
 I DO SOLEMNLY SWEAR THAT THIS WRITING CONTAINS THE TRUE LAST WILL OF THE WITHIN NAMED OBADIAH PHILLIPS, 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 his goods and chattels will thereunto extend and the law charge me and that I will make a true and perfect inventory of all such goods and chattels. So help me God Sworn in open Court, March 3 1832. Elizabeth Phillips (her mark) Wm. Henry, DCCO Return to Top
 

STATE OF GEORGIA MONROE COUNTY
In the name of God. Amen. I, JAMES NORRIS, OF Said State and County being of advanced age and knowing that I must shortly depart this life deem it right and proper both as respects my family and myself, that I should make a disposition of the property with which a kind providence has blessed me do therefore make this my last will and testament hereby revoking all others heretofore made by me. 1st Item. I desire and direct that my body be buried in a decent and Christian like manner suitable to my circumstances and condition in life. My soul I trust shall return to rest with God, who gave it as I hope for eternal salvation through the merits and atonement of the blessed Lord and Savior, Jesus Christ whose religion I have professed and as I humbly trust enjoyed for fifty-five years.

2nd Item. I desire and direct that all my just debts be paid without delay by my executors hereinafter appointed as I am unwilling my creditors should be delayed in their rights. 3rd Item. I give bequeath and devise to my beloved wife Mary A. Norris with whom I have lived in the strict quiet for twenty-five years Lot of land number one hundred and twenty one in the thirteenth district of Monroe County containing two hundred two and a half acres for and during her natural life for a home for her and my six children now living with me. 4th Item. I give and bequeath to my beloved wife for an during her natural life all my household and kitchen furniture of every description except one featherbed and furniture. Item 5. I give and bequeath to my beloved wife for and during her natural life all my stock consisting of horses, mules, cattle, hogs and plantation tools of every description except one cow and calf. For the support and education of my youngest children. Item 6. I give and bequeath to my daughter Josephine A. Norris, one feather bed and furniture and one cow and calf to be her own right and property. Item 7. It is my will and desire after the death of my wife that all of my property both real and personal that I have not otherwise disposed of be sold and equally divided between all my children, share and share alike. To wit, Simeon L. Norris, Joel F. Norris, Martha S. Peyton, Amanda T. Moseley, Catherine M. Norris, Mary A. Pridgeon, James E. Norris, George C. Norris, Sarah A. Benton, Margaret M. Sprier, Emily J. Hudgens, Josephine A Norris, Frances A. Buckelew, William T. Norris, Lorenzo L. Norris, Charles B. Norris, Samuel M. Norris, Louis L. Norris. Item 8th. I hereby constitute and appoint Alexander Sprier and Thomas T. Buckelew Executors of this my last will and testament this

Signed Sealed declared and published by James Norris as his last will and testament in the presents of us the subscribers who subscribed our names in the presents of the said testator at his special instance and request and of each other this Sept. 8, 1874. SS: James Norris Tests: T. H. Wynn, M. S. Jordan, A. H. Shi, T. E. Walton ***************************************************************** GEORGIA, MONROE COUNTY Court of Ordinary of said County In Chambers May 27th, 1879 In person appeared before me Edmund Dumas, Ordinary in and for said county in vocation on the 21st day of May 1879. In Chambers Alexander Spicer and Thomas L. Buckalew Executors of the last will and testament of James Norris deceased and produce before me in open court, the last Will and Testament of the said James Norris, deceased and A. H. Shi and T. E. Walton, two of the witnesses being duly sworn deposes and says that they saw James Norris the testator sign seal and declare and publish as his last will and testament, freely, voluntarily and of his own accord and without any compulsion or influence whatsoever and that at the time of the Execution of said will and testament was of sound and deposing mind and memory. That deponents signed said will as witnesses in the presence of testator and of his special request and that deponent signed the said will in the presence of T. H. Wynn, M. S. Jordan, L. H. Shi, T. E. Walton and that they saw each and all of them sign the said will as witnesses to the same. Sworn to and subscribed before me this 21st day of May 1879. E. Dumas, ordinary T. E. Walton, A. H. Shi ***************************************************************** GEORGIA, MONROE COUNTY We do solemnly swear that this writing contains the last will and testament of the within named James Norris so far as we know and believe and that we will well and truly execute the same according to the laws of the State of Georgia, so help us God. Sworn to and Subscribed before me this 21st day of May 1879. E. Dumas, Ordinary A. S. Spicer, T. L. Buckalew.  Return to Top

 (Recorded in Will Book, D., Page 528, This 7th day of December 1910, Geo. W. Newton, Ord. Filed in office this 5th day of December 1910)
STATE OF GEORGIA
COUNTY OF MONROE
Last Will and Testament of STEPHEN WASHINGTON PROCTOR of said State and County being of sound and disposing mind and memory, do make this my last will and testament. Item 1. I wish my executor as soon as possible after my death to pay my debts. If a sale of property shall be necessary I wish here to select for sale that which can be most advantageously used for that purpose, and I authorize her to sell the same at a public or a private sale as she may see fit. Item 2. I give to my beloved wife, Mary Elizabeth Proctor my entire estate consisting of forty (40) acres of land bounded as follows: North and East by W. H. Westbrooks, South by Anderson Estate. West by Maddox Brothers also all of my other property her lifetime then it to be Equally divided between my seven children. J. G. Proctor, W. H. Proctor, Carrie Childs, James Proctor, Fannie Peters, T. S. Proctor, and Howard Proctor. Item 3. I do hereby appoint Mary Elizabeth Proctor executor of this my will and testament whereof I have hereto set my hand this the 23rd day of October 1905. Signature of Stephen W. Proctor

Signed and published by Stephen Washington Proctor as his last will and testament in the presence of the undersigned who subscribe our names hereto as witnesses at the instance and request of said testator and in his presence and in the presence of each other. This the 23rd day of October, 1905. Jebbie Ham, C. M. Mullans, Jr., C. McMullar, J. P. Return to Top
 

(Recorded in Book C, Page 82, “Wills” New Term 1869. Wm. J. Milener, CCO)
GEORGIA MONROE COUNTY
I David Proctor, being of sound disposing mind and memory do make the following last will and testament revoking all others.

1st. I direct my body be buried i8n a decent Christian burial and my debts paid if any at once. 2nd. I give to my wife during her life, the land and houses, household, and kitchen furniture, stock, horses, hogs, cattle and all other property that I may die possessed of or as much of the same as she pleas to take except my negroes. 3rd I will and desire my negro property to be divided into eight equal lots by three disinterested persons to be appointed by the Court of Ordinary of this County and I desire my wife to select one of said lots the other seven lots to be assigned by lots to my six living children and my son Joseph S. Proctor’s children and I appoint my son Stephen W. Proctor trustee for said Joseph’s children. The parts or lots going to my three daughters, I give to them for their sole separate use and benefit and their children free from the contracts, debts or liabilities of their present or any future husband of either of them. I desire their husbands to take the charge of their several shares for their mutual benefit and support and of their children during the life of the mother and at the death of said daughters, I give said property to their children always prohibiting the sale of said property during the life of my daughters that is the sale of any of their shares. At the death of my wife, I desire the negroes selected by her to be divided by lot amongst my above named heirs, the land and all other property willed her to be sold at public outcry and equally divided among my children as above named. Said negroes and money going to my three daughters to be turned over to my sons-in-law and held by them under the same restrictions, limitations, conditions, provisions, uses trusts and disabilities as are declared above of and concerning the share negroes to each daughter in the above item. 4th. The part or lot of negroes going to my son Joseph’s children, I desire to be divided amongst them if it can be done if not, I wish them sold and held in the bounds of the family. 5th. I nominate and appoint my sons Daniel G and William W. Proctor, executors of this my last will and testament. Signed, sealed, published and declared in the presence of us this 28th day of December 1859. Signature, David Proctor Test: B. F. Gilmore, F. P. Duffey, Edmund J. Webb GEORGIA MONROE COUNTY Court of Ordinary, November Term, 1869 Personally appeared in open court Edmund J. Webb, one of the subscribed witnesses to the foregoing Will, who, being duly sworn on oath deposes and says that he say David Proctor sign, seal and publish and declare the foregoing as and for his last Will and Testament. That he subscribed the same as a witness in the presence of testator and at his request, that he saw B. F. Gilmore and F. P Duffey sign the same as witnesses in the presence of testator and at his request and that at the date thereof testator was of sound disposing mind and memory. Sworn to and subscribed before me in open Court this November 1, 1869. M. A. Potts, Ord., E. J. Webb

GEORGIA MONROE COUNTY Court of Ordinary, November Term, 1869 The last will and testament of David Proctor late of said County, deceased, having been produced in open Court by D. G. Proctor one of the Executors therein named and having been proven in common form by the oaths of Edmund J. Webb one of the subscribing witnesses thereto. It is ordered by the Court that David G. Proctor, the Executor therein name be and is hereby appointed Executor and that letters of Executorship do issue to him, upon his taking the usual oath of office. And it is further ordered that Edmund J. Webb, Benjamin F. Gilmore, Charles M. Sutton, Thomas McCullen and Richard C. Smith be and they are hereby appointed commissioners to appraise said estate; and that a warrant of appraisement do issue to them. J. A. Potts, Ordy.
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 I do solemly swear that the foregoing paper obtains the true last will and testament of David Proctor, deceased, insofar as I know and that I will will and faithfully execute the same, according to the laws of this state. D. G. Proctor. Return to Top
 

(Recorded In Book A, Page 203, May 8th 1843)
GEORGIA MONROE COUNTY
I, William Phillips of the County and State aforesaid, being in a declining and low state of health, but of sound mind and memory, do make and ordain this my last will and testament revoking all other wills made by me.

1st. That I give my soul to God who gave it, and my body to be buried in a decent like manner. And as to what property real and personal that it has pleased God to bestow on me, I do hereby honestly desire that all my just debts be paid in as speedy a manner as it can be done with legal inventorying and that the money to do so, shall be made out of the sale of the stock, crop and lands or in any other way that my executors may believe can be done for the general benefit of my heirs so as not to sell any of my negroes. 2nd That after my just debts are paid, all the moneys arising from the sale of my lands and stocks and crop, shall be equally divided among my three children, David M. Phillips, Mary F. Phillips and Marthy Ann Phillips. 3rd That my negroes be equally divided among my above named children regarding as far as is consistant with unparallel justice the accommodation of my negroes in there several families and that my household and _____ furniture, plantation tools, and _____ be sold and the money deriving therefrom to be equally divided ____as above directed, and that all sales of my estate shall be upon a credit of twelve months. The purchaser giving good bonds and security, and in order to carry this my last will and testament into full effect. I do hereby appoint my son David M. Phillips and my friend John Benton my Executors with full and lawful powers to do ___ in conformity with the above specified will; Given under my hand and seal this 6th day of April 1843. William Phillips (his mark) Witnesses. Gabriel Christian, Reuben Brown, Archibald Floyd, G. W. Goodwyn. ------------------------------------------------------------------- GEORGIA MONROE COUNTY Personally appeared in open court Gabriel Christian, Archibald Floyd, and George M. Goodwyn who being duly sworn dispose and say they saw William Phillips sign seal, publish and declare this writing as for his last will and testament, that they in the presence of that testator and t his request and in the presence of each other and of Reuben Brown, attest said will as witnessed and that said Reuben Brown in presence of the testator and at his request and in presence of these deponents attest said will as a witness and that said William Phillips at the time of the execution of said will was of sound disposing mind and memory and that he executed the same truly, voluntarily and without compulsion. Sworn to and subscribed in open court this 1st day of May 1843. E. G. Cabaniss, CCO ss: Gabriel Christian, G. W. Goodwyn, A. B. Floyd APPRAISAL OF NEGROES: November 1843

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JOHN EDWARDS, (Page 147 only)
GEORGIA, MONROE COUNTY
    In the name of God Amen, I John Edwards of the state and county above named being weak in body but of sound and perfect mind and memory praise be to God for the same and being desirous to settle my worldly affairs whilst I have strength and capacity to do so make and publish this my last will and testament hereby revoking and making void all other wills by me heretofore at any time made.  First and principally I commit my soul unto the hands of my creator who gave it, and my body to the earth to be decently interred by my friends and Execotrs hereafter named and as to so much of the things of this world as it has been pleased God to entrust me with I dispose of the same as follows.  I.e. having received a considerable part of the property which I now possess, or the means of obtain in by my present wife Sarah Edwards, I consider it only as a duty arising from facts already mentioned but also a pleasure in return for the long continued love and affection to take care that during her life she may have sufficient to enable her to live independent of the gratuitous assistance of others.  Second I therefore bequeath to my wife Sarah Edwards all of the property of my estate both real and personal to manage and dispose of as she may think proper with this exception; I give and bequeato at my death to my son John Edwards, one negro woman by the name of Rebeccah which he has now in possession.  I also give and bequeath to my daughter Nancy Spear one negro woman by the name of Lucky (copy of will ended here.  Additional pages may be obtained from the probate court). Return to Top

HORN, JOHN, WILL BOOK A, PAGES 145-6-7
    STATE OF GEORGIA, MONROE COUNTY :      I, John Horn, of the county and state aforesaid, do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made and signed.  I direct that my body be dec____ interred at the direction of my friends and relatives and that my funeral be conducted in a manner corresponding with my situation in life.  And, as to such worldly estates as hath gleaned God to entrust me with, I dispose of same as follows.
    First, I direct that all my debts and funeral expenses be paid as soon after my decease as possible and of the first moneys that shall come into the hands of my executor from any portion of my estate real and personal.
    Second, I give and bequeath unto my grandson, William K. Murphy, the tract of land, wherein I now live known and distinguished by lot No. one hundred and nine (109) in the eleventh district of said County.  I also give him eight negroes to wit. Bell, Tillis, Zabe, Harlan, Mandy, Nancy, Eliz and Barney.
    Third - I give and bequeath unto my grandson, Ambrose Murphy one tract of land known and distinguished by lot No. One Hundred and Thirty, lying and being in the eleventh district of said County.  I also give him the said Ambrose, seven negroes to wit, Easter, Gene, Leah, Fan, Annie, Lewis and Sal.
    Fourthly, I give and bequeath unto my grandson Osborn H. Murphy, one tract of land lying and being in the eleventh district of said County known and distinguished as Lot No. ninety nine (99) in the plan of said district.  I also give to the said Osborn H. as aforesaid three negroes to wit. Peter, Clary and Emaline.
    Item the Fifty - I give unto my great grand child John Horn Pounds two negroes to wit; Valvan and Sampson which said negroes it is my will shall remain in the possession of William R. Murphy until the said John Horn Pounds shall arrive at the age of twenty one years.  The possession of said two negroes to be appropriate ___ ___ to use of the said John Horn Pounds, b the said William R. Murphy as long as the services of said negroes are of any value and which I design may be appropriated once in every year until the said John Horn Pounds arrives at the age of twenty one years at which time he is to have the possession of said negroes.
    Item Sixth.  I give and bequeath unto my grand son William R. Murphy one hundred fifty acres of land more or less being part of lot of land number Ninety six (96) in the Eleventh district of said County.
    Item Seventy.  It is my will and desire that the whole of my estate both real and personal shall remain in the possession of my wife Elizabeth Horn during her life or widowhood, and for her to have the full use and occupation things together with the profit arising therefrom, And at her death or marriage it is my desire that all my estate not here before disposed of be collected together inventoried and appraised, and that my executor cause the same to be sold to the highest bidder at public sale and to the best advantage for cash.  And, it is further my desire that my executor proceed to collect all my promissory notes, bonds and every kind of case in action and can vest the whole into cash and convert the same with the money raised from my estate as aforesaid, and make them one general fund which I desire may be disposed of as devised in the following part of my last Will and Testament.
    Item the Eighth.  It is my will and desire that my Executor retain four thousand dollars as a reserve fund for the maintenance of his Mother Sarah Langston Provided that her situation in life after my death should require it, that is, if she should be compelled by said treatment or otherwise to leave  her husband and such other places for support as for protection which said sum of money is to be kept at entrust and the yearly profit to be appropriated by my Executor to her use in the event before mentioned.
    Item the Ninth -  It is my desire that the reserved fund before me realized and which is the cash which will be raised from the sale of my property as before directed and the money raised from the collection  of my charges (?) in action after receiving the four thousand dollars for the use of Sarah Langston as aforesaid shell be divided as follows - I give two thirds thereof to my grandson William R. Murphy and the other third part thereof to my grand son Ambrose M Murphy.
    Item the Tenth - It is my will and desire that the four thousand dollars which I have appropriated to the use of Sarah Langston upon certain conditions before named and the profits arising therefrom after the death of said Sarah Langston be equally divided between my four grand children to wit.. Osborn H. Murphy, William K. Murphy, Ambrose Murphy and Martha Pounds.  And I do hereby make and ordain my much esteemed and ____ grand child William R. Murphy my sole executor of this my last will and testament.
    In witness whereof I the said John Horn the testator have to this my will written on and which of paper set my hand and seal this ninth day of October in the year of our Lord Eighteen Hundred and thirty eight. Signed, Sealed and delivered in the presence of us, which have subscribed our names in the presnence of each other:  William Bogan,  Jepitha P. Parker,  John Kenedy  (
    Subscribing witness statements.  Deceased ...Sworn to and subscribed in open Court March 2, 1840.  Return to Top.