George Chappel, will, 1854, Whitfield County GA

George Chappell 1854

Whitfield County, GA

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We do solemnly swear that this writing contains the true last will of George Chappell, deceased as far as we know or believe and that we will and

truly execute the same by paying just debts and then the legacies contained in said will as far as his goods and chattel, will thereunto stand and the

law charge us and that we will make a true and perfect inventory of all such goods and chattels so help us God. Lucy ('x' her mark) Chappell, John

In the name of God Amen. I George Chappall of Whitfield County, Georgia being weak in body, but sound of mind do make and declare this to

be my last will and testament of all the property with which kind providence has blessed me to wit.

1st Item, I desire my body shall be interred in a manner conformable to my circumstances in life and I commit my soul with humble submission to my

maker relying for salvation on the merits and atonement of my savior whose divine religion and have professed and enjoyed for thirty years.

2nd Item. I will and desire all my just debts be paid without unnecessary expense or delay out of the money that first comes into the hands of my

3rd Item . I give and bequeath unto my beloved wife Lucy Chappel, for and during the term of her natural life only, the following negroe slaves for

life to wit, a negro woman belonging to me named Betty, about 30 years old, my negro man named Spence, about 21 years old, my negro boy named

Henry about 13 years old, my negro girl named Mary about 11 years old, together with the increase of said females, also lots of land #260 and 261,

4th Item, I desire that as soon after my death as shall be practicable my executor hereinafter named, shall sell to the best advantage either at private

sale, or after due notice of the time and place thereof at public auction and either on a credit or for cash as to them may seem expedient my other

lands, to wit lot #148 in the same district, section and county aforesaid and the undivided half of a lot I hold jointly with William J Underwood in

the 8th District, 3rd Section of originally Cherokee, now Gordon County in said state and it is my desire that when the proceeds of the sale of said

last mentioned land shall have been realized, my executors shall loan the same securely on interest payable annually.

5th Item. I also give and bequeath absolutely to my said beloved wife, Lucy, the interest that shall accrue as aforesaid, on the proceeds of the lands

as be sold as aforesaid, also all my horses, mules, cattle, sheep and hogs, also my wagon and all my farming implements and utensils, all my household

and kitchen furniture, all the money that shall remain after paying my debts and all the money that shall be collected upon the notes, obligations open

accounts and every other description of debt due to me and upon every claim I may have.

6th Item. My will that after my beloved wife shall have departed this life, that the property in which a life estate is here in bequeathed to her shall be

distributed in the following manner, viz, my surviving executor or in case of his death, failure, or refusal to act, that such other person or persons as

shall receive from the proper authority letters of administration with this will annexed shall after due and legal notice of the time and place thereof shall

sell at public auction the said lots 260 and 261 and shall collect, as soon as convenient the money herein before directed to be loaned on interest -

that then the said surviving executor or administrator as the case may be shall first distribute to each of my daughters Frances and Anginett the sum of

$25 which I give and bequeath to them over and above the equal distribution share of my estate and that thereupon three disinterested freeholders to

be selected by my said executor or said administrator with this will annexed as the case may be, divide my said negroes into five shares (the number

of my children) making up for a deficiency in the number of value of said negroes, and substituting therefore the said monies arising from the sale of

said lands, and the money loaned out on interest as aforesaid, that said shares by numbered, and after due notice thereof being given to each and all

of my said children, that each of said children shall draw by lot one of said shares, which I give and bequeath to them respectfully, and in case either

of my said children shall have died previous to said distribution that then their legal heir or heirs shall represent them and receive her of their share of

shares respectively, provided nonetheless that the share that shall be drawn by or on account of my daughter, Elizabeth Macoy, wife of John Macoy.

I give and bequeath to her and her children, and to their own proper use, benefit and behoof, free, from the ownership of said John Macoy or any

other husband which she then may have. But it is my will and desire that the said John Macoy if he be then living shall have the management and

control of the said share, provided he shall obtain letters of guardianship of his children aforesaid and give bond with sufficient security for the faithful

7th Item. I hereby substitute my beloved wife Lucy Chappell executrix and my trusty friend John Sansom of Whitfield County aforesaid executor of

George Chappel, dated at my mansion house in Whitfield County this 16th day of September 1853.

Witnessed: T. S. Swift, Mark Thornton Jr, John Odell, Wm B Malone, Phil. Minis, JJOWC

Whereas I, George Chapell did on the 16th September AD 1853 sign, seal, declare and publish my last will and testament in the presence of T S Swift,

Mark Thornton, John Odell and William B Malone, who signed said last will and testament as witnesses and whereas I am desirous of altering and

changing a bequest and device in said will. I therefore make and publish this codicil to said will.

First: I revoke and annul that part of the 3rd item of said will as far as it relates to two lots of land #260 and 261 in the 12th District, 3rd Section of

originally Cherokee, but now Whitfield County, which lots of land I have since sold since the execution of the foregoing will.

Second, I revoke and annul so much of the 4th item so far as relates to lots of land #148 in the 12th District and 3rd Section, of originally Cherokee,

but now Whitfield Co and state aforesaid. In that item I desired said lot to be sold at public outcry by executors therein amended. I now will and

bequeath said lot of land to my wife Lucy Chappell with free power to sell said lot of land at any time. She may desire to do so and make good

titles to the same, the proceeds --- from the sale of said lot of land. I desire as a life estate to my wife, subject to her control for that time. But in

the even she does not dispose of said lot, but continues to hold it until her death, I desire it to be sold and the proceeds to be equally divided

Signed, sealed, declared and published by George Chappell as a codicil to his will and testament of the 16 of September 1853 in the presence of

us the subscriber who subscribed out names hereto in the presence of said testator at his special instance and request and of each other this 19

Nov 1853. E Wallen, Wm B Malone, Winston Gordon, Stephen Philips, Phil. Minis, JJOWC