Seaborn Spann, will of 1853, Whitfield County, Georgia

Seaborn J Spann 1853

Whitfield County, GA

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In the name of God Amen. I Seaborn J Spann of said state and county, being in feeble health and knowing that I must shortly depart this life, deem it

proper, both as respects my family and myself that I should make a disposition of the property with which kind providence has blessed me, do therefore

Item 1st. I desire and direct that my body be buried in a decent and Christian like manner. My soul I trust will return to God who gave it.

Item 2nd. I desire and direct that all of my just debts be paid without delay by my executors hereinafter appointed, out of any moneys that I may have

on hand at my decease, or the first moneys that may come into the hands of my executors arising from my effects.

Item 3rd. I give and bequeath to my beloved wife Lucinda, the south half of lot #191 in the 11th District of the 3rd Section, it being the lot of land on

which I now live. It to be divided by an east and west line directly through the center of said lot. I also give and bequeath to my beloved wife two

horse beasts of her own choosing out of my stock of horses and 5 head of cattle of her own choice out of my stock of cattle; two sows and their

pigs of her own choosing, and ten head of killing hogs and all the farming utensils of every description and twelve head of sheep and all the

household and kitchen furniture. Also two 2 horse wagons one of which is now in building, to be furnished at the expense of my estate, and the

wagon harness. Also my negro boy, Buck, about 26 years old, all of the above property to her sole use, control and benefit during her natural

life, and after her death to be sold by my executors and the proceeds equally divided amongst all of my lawful heirs as herein described.

Item 4th. I will and bequeath to my beloved daughter Lucinda the North end of lot of land #191, it being the half of the lot of land on which I now

live, to be valued at $800, also one brown horse colt, two years old, one cow and calf of her own selection, also one bed and furniture, one sow

and pigs, one side saddle and all necessary cooking utensils, all of the above named property I will to my said daughter Lucinda and the children

of her natural body (if should have issue), forever, or if she should have no issue at her death, to descend to the residue of my heirs equally. And

I appoint my worthy friend John B Marston, trustee of the property herein given and bequeathed to my said daughter Lucinda and all of her children

(if any) and I desire that should the said trustee at any time in his judgment deem it necessary to sell said property or any part thereof, and pay over

the proceeds of the same to my said daughter Lucinda or her heirs (if any) he is fully empowered to sell and convey the same.

Item 5th. I will and bequeath that all of the residue of my property (not herein devised) of which I may die seized and possessed be sold at public

venue by my executors on a credit of 6 or 12 months and the effects arising from said sales to be equally divided between my sons Joseph K Spann

and my two daughters (to wit) Hannah Prather, wife of G W Prather and Liodicia Burroughs, wife of George N Burroughs, until they shall receive

the amount of the valuation of the land devided to my daughter Lucinda (to wit) $800 each and the reside, if any, to be equally divided between

them and my said daughter Lucinda and I appoint my trusty and worthy friend John B Marston trustee of the effects herein given and bequeath to

my two daughters (viz) Hannah Prather, wife of G W Prather and Liodicia Burroughs, wife of George N Burroughs and all of their children; and if

the said trustee in his judgment should see it necessary at any time to pay over the whole or any part thereof of the said effects unto the said

Hannah Prather or Liodicia Burroughs or the children of their body or vest the same in real estate or personal property for their special use and

benefit, he is hereby authorized to do so. And should the said Liodicia Burroughs die without issue at her death, the effect bequeathed to her to

be equally divided amongst the balance of my lawful heirs in the same manner as heretofore devised.

Item 6th. I do constitute and appoint my beloved son Joseph K Spann and John B Marston the executors of this my last will and testament.

24 March 1853. Seaborn J Spann. Witnessed: Jesse Wade, Thomas Kirkpatrick, Benja. F. King.

Proven 17 May 1853, William Gordon, Ordinary. Jesse Wade, Thomas Kirkpatrick and Benjamin F King.