Will of David Preston 1849.

Georgia, Crawford County

In the name of God Amen, I David Preston of  the county and state aforesaid being of sound  and disposing mind and memory do make constitute publish and declare the following to be my last will and testament hereby revoking all others by me at anytime theretofore made.

In consideration of what I have heretofore done for my son Andrew J. Preston an inconsequence of his present embarresful circumstance I give devise and bequeath to my son Thomas W. Preston five hundred dollars worth of property to hold in trust for the sole use and benefit of my son Andrew J. Preston to manage and control said property for his use and benefit and to appropriate the proceeds of the same to his support and maintenance until such time as the said Andrew J. Preston shall be entirely free from debt.  When it is my will and direction that said property be directly conveyed to him by said Thomas W. Preston free from the trust and encumbrance aforesaid, but the said property is in no manner to be subject to any debt existing against Andrew J. Preston or which he may hereafter contract previous to the time of the contemplated conveyance from the said Thomas W. Preston, to him reform the happening of the contingency above mentioned, and it is further my will that if my son Andrew J. Preston shall die without a child or children that then this legacy shall revert to and equally  divided among the balance of my children.

Item the second

  After the payment of all my just debts and the foregoing legacy.  I will devise and bequeath all the rest residue and remaining of my estate to my children, John Preston, William S. Preston, David Brady, Thomas W. Preston and Mary Matthews wife of James Matthews to be equally divided between them share and share alike.

Item the third

  It is my will and desire that that portion of my estate bequeathed to my daughter Mary Matthews be paid to her in money it not being my intention that she shall have own or possess any slave or slaves which is or are now in my possession or which may hereafter be in my possession.  If my daughter Mary Matthews shall die without a child or children it is my desire that the legacy herein bequeathed to her, shall revert to and be equally divided among the balance of my children.

Item the fourth

  It is my will and desire that my wife Nancy Preston shall use and enjoy the proceeds of my estate (after the payment of my just debts heretofore mentioned) during her lifetime or widowhood under the first control of her the said Nancy Preston and my executor to be hereafter appointed.

Item the fifth

  I hereby nominate and appoint my son Thomas W. Preston executor to this my last will and testament, and request him to accept said appointment, and to carry faithfully into effect the foregoing provisions.

The writings whereof I have herewith set my hand and affixed my seal in the presence of the subscribing witnesses who have attested the same at my request, and in my presence  and in the presence of each other on this thirteenth day of our Lord eighteen hundred and forty nine.

                                                                                    David Preston (Signature and Seal)

Signed sealed and declared and published in the presence of us who have subscribed the same as the __________ request and in his presence and in the presence of each other.

                                                                                                his

                                                                                    Enoch   x  Matthews

                                                                                                Mark

                                                                                    Alexander M. K. Swift

                                                                                    C. H. Walker

Georgia, Crawford County

Court of Ordinary September Term 1850

The last will and testament of David Preston being produced in court by Enoch Matthews.  It was duly proven before the oaths of Charles H. Walker and Enoch Matthews two of the subscribing Witnesses.  Alexander M. K. Swift the other subscribing witness being out of state.

It is therefore ordered by the court that said will be admitted to Probate and the same entered on the record and that this order be entered on the minutes.

                                                                                    Thomas Cruchfield

                                                                                    Jonathan R. ?

                                                                                    R. I. Williamson

Recorded Sept. 3^rd 1850, James I. Ray

Georgia, Crawford County

Court of Ordinary November Term 1850

Thomas Preston Executor appointed in the written will of David Preston being approved in court and accepted the said Executorships, but not the trusteeship for A. J. Preston applies for letters testamentary.  It is therefore ordered by the court that the clerk do issue to this said Thomas W. upon his being sworn asserting to the statute in such cases made and provided and that order be entered on the minutes.

Passed by the court.

                                                                                    G. P. Culverhouse Atty

                                                                                    At law

Recorded November 7^th 1850

                                                                                    James I. Ray