Madison
County Will Book B
Part One: Pages 1-200
Will Abstracts
Page 1 ~ Mary Carithers
August, 1841
To my daughter Mary F. Carithers, all my estate consisting of household and
kitchen furniture, stock of all kinds, and my negro woman Hannah. Executor: Amos
Carithers. Signed: Mary (x) Carithers. Witness: James Carithers, John Landers, James
M. Landers. Rec'd 16 Apr 1842.
Page 2 ~ Henry P. White
14 May 1842
To the bodily heirs
or orphans of my grandson Henry P. White, late of Franklin County and State of Virginia,
deceased, $530.42, it being their proportional part of the sale and division of
my property that was sold and divided in December last, now in the hands of my Attorneys
in fact Stephen White and Henry P. Smith. Also to the said orphans of my grandson
Henry P. White, the one sixth part of my whole estate. To my granddaughter Martha
N. Bennett, formerly Martha N. White, daughter of Isaiah White, one sixth part of
my whole estate during her natural life, then divided equally between her bodily
heirs. My executors to keep this 6th part in trust, making yearly payments to the
said Martha N. Bennett. At her death, provided her youngest child is of age, this
6th part to be divided equally among all her children. If her youngest child is
not of age at the death of Martha N. Bennett, then my executors to keep this 6th
part in their possession until the youngest child is of age, or until a legal guardian
has been appointed those underage children. Should my executors wish to get shed
of the management of the share of Martha N. Bennett, then my executors and the said
Martha N. Bennett shall mutually agree on a fit and proper person to take charge
of her share of my estate, provided they not choose Willis H. Bennett, husband of
Martha N. Bennett. He shall have no control over the effects I give to my granddaughter,
and neither will it be subject to any present or future debts against him. To my
daughter Elizabeth Smith, formerly Elizabeth White, one third part of my whole estate
and also one old negro woman named Selia. To my daughter Lucy White, formerly Lucy
White, the remaining third of my estate and also an old negro woman named Isabell.
Executors: Stephen White and Henry P. Smith. Signed: Henry P. (x) Smith. Witness:
Rich'd B. Gholston, Benjamin F. O'Kelley, John Wood. Rec'd 23 Sept 1842.
Page 6 ~ Archelaus Moon
16 Jun 1842
It is my wish that
my youngest child, William G. Moon, have a good horse, feather bed and furniture
and other furniture, all amounting to $100.00 to be paid to him when he marries
or comes of age, and then an equal division with all the older children. My wife
Susan Moon to have all my estate for her lifetime or widowhood. In case she should
marry, all my estate to be sold and my wife made equal with the children. Pleasant
Moon to have two dollars of my estate. At the death of my wife Susan, all my estate
to be sold and divided equally between my children, namely Robert P. Moon, Anna
Irena, Archelaus P. Moon, Martha and William G. Moon and Polly. Executrix: My wife,
Susan Moon. Executors: Archelaus P. Moon and William G. Moon. Signed: A. Moon. Witness:
Oliver Threlkeld, Samuel G. McCurdy, James McCurdy. Rec'd 23 Sept 1842.
Page 8 ~ James Towns
18 Apr 1839
The whole of my estate,
except my negro man Sandy, to my children and grandchildren, to be equally divided
among those now living and the children of those dead, so that the grandchildren
shall only be entitled to the shares of their parents. Debts owed me by my children
to be deducted from their share. To my sons John W. Towns, Willis Towns and Benjamin
Towns, their shares of my estate absolutely; but the shares of the children of my
son Drury Towns, deceased, and of the children of Elizabeth Matthews, deceased,
wife of Phineas Matthews, I leave to my sons John W. Towns and Benjamin Towns in
trust for the benefit of said children. To my son John W. Towns and Benjamin Towns,
the share of my daughter Martha Williford, to be used for her sole use and benefit
and not to be under the control of her husband Samuel Williford. To John W. Towns
and Benjamin Towns, the share of James Towns for the use and benefit of his children
and not subjected to the payment of his debts. My negro man Sandy to remain with
and serve my sons John W. Towns and Benjamin Towns, requesting them to protect him
and to use him kindly in consideration of his faithful services to me. Executors:
my sons John W. Towns and Benjamin Towns. Signed: John Towns. Witness: John Kirkpatrick,
Charles Kenney, Ed. Hardin. Rec'd 9 Jan 1844.
Page 10 ~ John Embry
11 Dec 1843
To my wife Nancy, my
entire estate during her natural life. To my son Hezekiah S. Embry, a child's part
of my estate. To my daughter Tempy Hardy, a child's part of my estate. To my grandchildren,
offspring of my daughter Elizabeth Key, deceased, wife of Talbot Key, a child's
part of my estate to be divided among them. To my daughter Delilah Key, George Key's
wife, a child's part of my estate. To my grandchildren, children of my son Boley
Embry, deceased, a child's part of my estate to divide equally among them. To my
grandchildren, offspring of my daughter Charlotte Glen, deceased, John Glen's wife,
$5.00 to be equally divided amongst them. To my daughter Sally Bowles (Martin Bowles'
wife), one half of a child's part of my estate, and the other half of the child's
part to her son Nathan Gaines Bowles. To my daughter Scyntha Saunders (William Saunder's
wife), a child's part of my estate. Debts owed by children to be considered as so
much received of their proportionate parts. Executors: my trusty friend and son-in-
law, William Saunders, and my son Hezekiah S. Embry. Signed: John (x) Embry. Witness:
W. M. Gathright, Martin Anthony, Henry B. Gober. Rec'd 1 Sept 1845. [Account book
with children's debts follows, not transcribed in this book].
Page 14 ~ Robert L. Tait
1 Mar 1846
To my daughter Mary
or Polly Richards, my daughter Nancy House, my son Edmund B. Tait, my daughter Francis
W. Cooper, my daughter Elizabeth Porterfield, my daughter Elmira H. Story, I have
already given a bed & furniture and other items of furniture towards housekeeping;
these children to have nothing more of the estate. To my wife Mary, all my land,
negroes, kitchen furniture and all property, to be disposed of as she may think
proper. Should my grandson Robert L. Tait Porterfield, conduct himself in a proper
and becoming manner, my wife may give him any property she thinks proper. Executrix:
my wife Mary Tait. Executor: Samuel Long. Signed: Rbt. L. Tait Witness: John Landers,
B.F. Guest, James Long, John Hopkins, J.P. Recd: 22 Jul 1846
Page 16 ~ James Sanders
13 Mar 1846
To my beloved wife
Flora, my Family Bible Testament and Hymn Book, Featherbed & bedstead and as
much furniture as necessary. To Tabltha Shepherd, wife of John Shepherd, and to
the heirs of Elizabeth Dickson, decd (wife of William Dickson, decd),
and to Malinda Leeper, wife of Hugh Leeper, three tracts of land, one in Meriwether
County, the other two in originally Muscogee County (recommend to be sold and divided
between my two daughters above named and the heirs of my daughter Elizabeth Dickson).
To my wife Flora, and my daughters Tabitha Shepherd, Malinda Leeper, the heirs of
my deceased daughter Elizabeth Dickson, and Sally Dickson, the residue of my estate.
Negroes to be divided by lot or otherwise without making sale of them. Property
which I have heretofore given to my children, Viz, Tabitha Shepherd, Emily Dickson,
decd, Sally Dickson decd, and Malinda Leeper, shall not be considered
part of my estate. Executors to have full power to sell land and estate, and also
the Negroes if they cannot be divided as above stated, namely, Charles, Moses, Joseph,
Flora, Mary, Judith and Jane. Executrix: My wife Flora Sanders, Executors: John
Shepherd, Hugh B. Leeper, and James Long. Signed: James Sanders. Witness: Jona.
Sanders, sanders W. Colbert, Richard T. Sorrells, William Sanders.
Codicil: 8
Sept 1846: To my wife, her Womans Saddle & Bridle, and provisions to do
her plentifully for 12 months. And as touching my Negroe property above named, I
permanently give in the following manner: To my wife Flora, Negro Flora & Jane.
To my daughter Tabitha Shepherd, wife of John Shepherd, Moses and Judith. To Malinda
Leeper, wife of Hugh B. Leeper, Joseph & Mary. My Negro man Charles to John
Shepherd or Hugh Leeper (as they can make it best suit between themselves). Negros
to be valued and the heirs of my two deceased daughters, Elizabeth Dickson and Sally
Dickson, have their proportional share. Executors be particular to pay each one
separately. Signed: James Sanders. Witness: John McDonald, Richard T. Sorrells,
William Sanders. Recd 3 Nov 1846.
Page 19 ~ John McLeroy
2 Dec 1846
Madison Co, GA: To
all whom is may concern, know ye that we, whose names are hereunto subscribed, being
present at the dwelling of John McLeroy of the county & Satate aforesaid on
Wednesday the 2nd of December in the year of our Lord on 1846, did hear
the said John McLeroy, he being of sound and disposing mind and memory, and in his
last sickness, utter publish and declare this to be his last will and testament,
calling on us to witness the same. First, That all his just debts be paid out of
his effects. Second, that the remainder of his property should be all be kept together
for the support of his wife and children and that his wife Tabby stand in
his shoes, to do and manage as he had done. The foregoing is the substance of what
John McLeroy published in our presence, on the day and year aforesaid, a few hours
previous to his death and reduced to writing this eight day of Dec
1846. Witness: Sherod McCarty, Daniel Wyman, George Broach. We further heard John
McLeroy, at the same time and place but before the arrival of S. McCarty, one of
the witnesses to the foregoing, say that it was his will and desire that at the
death of his wife Tabitha that an equal division of all his property be made among
all his children share and share alike. Witness: Daniel Wyman, George Broach. Recd
14 Jan 1847.
Page 21 ~ Archibald Hart
31 Aug 1840
Oglethorpe County:
This is the last will & testament of Archibald Hart of the County & State
aforesaid. All my money, notes, dues, Negroes, lands, Stock of every kind, household &
kitchen furniture and all other property, to my wife Poly Hart during her natural
life or widowhood. If she does marry, shell be entitled to one third, or a
childs part, and at her death or marriage to be equally divided among all
my rightful heirs, except my son James R. Hart who shall have $500 less than the
rest, as I have paid that much for him over and above the rest of my children. Signed:
Archibald Hart. Witness: Alexander Lester, Leonard Bolton. Recd 1 Jun 1847.
Page 22 ~ James Griffith
1 Jul 1845
To my wife Sarah
Griffith, the following Negroes; Reuben, Martin, Stephen, Fanny, Lear, and John.
Also the use & occupation of the house I now live in, and all the outhouses
such as stables, cribs, machine house and kitchen house. Also household and kitchen
furniture, and the tract of land I now live on, the north side of South Broad River
included in the Johnson Survey and the Gordon Survey. Also four horses that she
may choose, my Rod Waggon, our yoke of oxen, & our four cows & calves, and
what hogs and sheep I may die possessed of. This during her natural life, and at
her death to be disposed of as follows. Also to my wife Sarah, my negro Nancy and
her child Pass as her absolute property. To my son James B. Griffith, the tract
of land whereon he now lives, known as the Whitrut H. Adam Tract; also the negro
boy John named above, at the death of my wife. To my son Robert L. Griffith, the
tract of land which he now cultivates, commencing on Lemuel Hopkins spring branch,
down to the river to Youngs line, including the thirty acres that I run myself.
To my son Walton H. Griffith, the tract of land that my house is on, at the death
of my wife. Plus all the land I own on the south side of Broad River, including
the McLeroy place and the thirty acres I run myself adjoining the McLeroy place.
Also that part of the Barnett survey that lies on the south side of South Broad
River. Also two negroes; Charles Lewis and Manerva. And one Bed & Furniture
and one Cow & Calf. To my son Oliver P. Griffith, a parcel of land adj. Lemuel
Hopkins, including the Strickland tract. To my sons Robert P. Griffith and Walton
H. Griffith, in trust for the benefit of my son John H. Griffith, $500.00, to be
given to John at such times as the trustees deem best. Should he die without children
lawfully begotten or without a wife, the remainder of the $500.00 to be divided
equally between my children; should he die with a wife or children, the remainder
of the $500.00 to given to them. To my daughter Elizabeth Mirony, formerly Elizabeth
Griffith, at my death the notes I now hold on her husband William Mirony and that
the said notes be her part of my estate, the total amount due at this time is $634.40.
At my death, my daughters Susan Sorrells, formerly Susan Griffith, Jane Eberhart,
formerly Jane Griffith, Martha Ware, formerly Martha Giffith, and Adaline Eberhart,
formerly Adaline Griffith if living, and if not, their children and
the children of my deceased daughters Anny Colly, formerly Anny Griffith, and Mary
H. Bullock, formerly Mary H. Griffith, $100.00 each over and above an equal share
with my sons of the remainder of my estate. The remainder to be equally divided
between all my children, except my blacksmith tools, which I wish my two sons Walton
H. Girffith and Oliver P. Griffith to have between them. Executors: My sons Robert
P. Griffith and Walton H. Griffith. Signed: James Griffith. Witness: Isaac N. Culbertson,
Allen C. David, John Hopkins, J.P. Recd 8 Jul 1847.
Page 28 ~ Gray Allen
21 Feb 1844
My executors to inter
my body on the plantation where I now live. My wife Polly to have all my estate,
to dispose of at her own discretion. Executors, my wife and my son James Allen.
Signed: Gray Allen. Witness: Gabriel Nash, James (x) Murrow, Bartholemew (x) Porter.
Recd 30 Nov 1847.
Page 29 ~ George Eberhart
3 Aug 1841
To my wife Margaret,
during her natural life; three negroes; Green, John and a girl or woman of her choice;
a choice bed, bedstead & furniture; my carriage & choice horse. My executors
to loan out at interest $1000.00, the interest to be paid to my wife yearly. At
her death, the property to be disposed of as follows. To my sons Robert and Samuel
and my daughters Catharine Gholston, Elizabeth Wynn, Asanith Griffith, $400.00 to
balance against lands my other sons received. The balance of my estate to be sold
immediately after my death, and the property left to my wife to be sold immediately
after her death; the money arising from the sale to be divided equally between the
following legatees: my son Francis, my son Jacob, my daughter Catharine, my daughter
Elizabeth, my son Robert, my son Samuel, my daughter Asanith, my son Geroge; the
share I intended for my daughter Polly, I give to her four sons, John Gilbert, George
Gilbert, Isaac Gilbert and James Gilbert; the share I intended for my daughter Margaret
I give to her three children, George Deadwyler, Mary Ann Deadwyler and Margaret
Deadwyler. Executors: my sons Francis Eberhart and George Eberhart. Signed: George
Eberhart. Witness: James Long, Ben--- B. Strickland, Walton H. Griffith. Recd
28 Jan 1848. [A similar version of this will was written on 20 Jul 1846, which does
not name a wife].
Page 37 ~ Elisha Ware
3 Jun 1848
To my wife Synthia,
the land whereon I now live, four horses or mules, all the grain as well as the
crop now growing, and all my property except as follows. My negroes to be valued
and my wife Synthia to select negroes to equal half the valuation. One half of my
cash, bonds and notes to my wife Synthia. I own 55 shares of the Georgia Railroad
and Banking Company in other words, I have paid $5,500.00 for stock --
The dividends to be paid to my wife during her natural life, and then the stock
to revert into my estate. I have deposited $1,650.00 in bank, with instruction to
Joseph W. Wilde, Esq., to purchase new stock in the G.RR. & Banking Company
the dividends of this to be paid to my wife during her natural life. The balance
of my estate to be divided between my brothers and sisters: Bennett Ware, Philip
Ware, Lettie Ware, Elizabeth Long, Sarah Borom, Jenny Strickland, and the heirs
of Henry Ware. Executrix: My wife Synthia Ware, Executor, Britton S. Ware. Signed:
Elisha Ware. Witness: Jon. W. Donahoo, W.B. carithers, Wilson J. Bird. Recd
5 Jul 1848.
Page 41 ~ Berry J. Bridges
12 Feb 1847
To John H. Tucker,
a boy whom I have taken to raise, one horse, bridle and saddle when he arrives at
the age of 17, provided he shall remain with my wife Mary Bridges and is a industrious,
dutiful, and obedient boy. If not, then he is to have nothing from my estate. To
Ora Akins, a young woman I have raised from infancy, one bed & furniture, one
chest and stock of cattle, one saddle, all of which she now claims and is of right
her own property but in my possession, and $50. The balance of my estate to my wife
Mary Bridges during her natural life, and at her death, to Ora Akins. Executrix:
My wife Mary Bridges. Witness: Bennett Sims, Ranford E. Hitchcock, Nathaniel C.
Bridges. Recd 23 Sept 1848.
Page 43 ~ William W. Power
12 Mar 1847
To my wife Martha
Power during her natural life or widowhood, my whole and entire estate. At her death
or marriage, my entire estate (except the negro slaves) to be sold, and after my
daughter Anna G. Power is paid $100.00, then to be equally divided among all my
children, viz, Elizabeth M., Anna G., Susan [or Samson?] P. and Mary W. Power. My
negro slaves to be divided into as many equal lots as I have children at the time
of my wifes death; if my wife should marry, she shall have an equal share
with my children in every respect. My Executor & Executrix may sell my tract
of land on Brushy Creek and other tract on North River at the expiration of a lease
to Mr. Cook for four years. Also the tract where I now live. My wife may give off
portions of property as she can spare to my children as they marry or become of
age. Executrix: my wife Martha Power. Executir: Willis Strickland. Signed: William
W. Power. Witness: Richard B. Gholston, Francis Power, Johnson F. Cunningham. Recd
23 Sept 1848
Page 45 ~ John Williams, Sr.
29 May 1843
To my wife Frances
Williams, all my estate during her natural life. To my son Robert Williams, at the
death of my wife, 80 acres where he now lives, and my negro woman Sindy. This I
give him exclusive of my other children. At the death of my wife, my estate to be
sold and the money to be divided amongst my children and some of my grandchildren,
to wit; my son Eliga Williams to have an equal share, my son Birdy Williams to have
an equal share, my daughter Nancy Williams to have an equal share, my daughter Anna
Bradley to have an equal share, my daughter Elsey Strickland to have an equal share,
my son Robert Williams to have an equal share exclusive of the land and negro, and
the children of my deceased daughter Sally Born, to wit, Russell, William, Allen
and Jasper Born, to have their mothers share. To my son Eliga, in trust for
my daughter Polly Thompson, an equal share to be applied for her benefit. Executrix:
my wife Frances Williams. Executor: my son Eliga Williams. Signed: John (x) Williams.
Witness: Willis Gunnels, Everett Gentry, William M. Lane. Recd 17 Aug 1849
Page 47 ~ Thomas Jordan
Recorded 29 Apr 1850
At the death
of myself and wife Priscilla Jordan, I give to the children of my deceased son Henry
Jordan of Oglethorpe County, the 600 acres on which I now live and $200.00 in money.
To my daughter Jane Donahoo and her children, two negroes: Liza, about 14 years
of age, and Billy Biggers, about 5 years of age; to be free, clear and exempt from
the claim of her husband James Donahoo. To my son James Jordan, $500.00. To my daughter
Susan Bell, a negro man named Charles about 18 years of age. To my son Thomas A.
Jordan, two negros; Dick, a man about 30 years of age, and George, a boy about eight
years of age. To my daughter Rebecca Hunt, two negros, Hannah, a woman about 20
years of age, and Harry, a boy two years of age. To my daughter Mary Maly and her
2 daughters Emily Jane and Martha Ann Priscilla Pendleton, four negros, to wit:
Isabell a woman, Nancy a girl 10 years old, little Moses a boy two years old, and
Cherry, a woman sixty years old. To my son John W. Jordan, $50.00. To my daughter
Nancy Atkinson, $10.00. To my daughter Elizabeth Christian, $5.00. To my daughter
Lucy King, $5.00, she haven been provided for by gift. To my son Josiah Jordan,
$5.00, he having received his share from my son Jency(?) Jordan during his lifetime.
The balance of my estate to be sold and divided among my four daughters, Jane Donahoo,
Mary Maly and her two daughters, Rebececa Hunt and Susan Bell, so they are made
equal. Executors: my friends Edward W. Mayfield of Franklin Co. and Dudley M. Jones
of Madison Co. Signed: Thomas (x) Jordan. Witness: Francis A. Nash, Elijah Poss,
Uriah Poss. Recs 29 Apr 1850.
Page 51 ~ Francina Spratling
19 Mar 1849
I, Francina
Spratling, a minor now in my 15th year, do publish and declare this to
be my last will and testament. To my mother Martha Spratling, one third of my estate
consisting of negroes and notes or other evidence of debts. To my brother James
Spratling, one third of my estate. To my sister Martha Eberhart and her lawful heirs,
one third of my estate. Executor: James OKelly. Signed: Francina Spratling.
Witness: Barton Johnson, John Sims, Nathaniel C. Bridges. Recd 1 Jul 1850.
Page 52 ~ Jane Johnson
8 Sept 1846
To my granddaughter
Lucinda Spurlock, all my estate during her life, and at her death, my real estate
to be equally divided between all her children, share and share alike. Executor:
my grandson in law, Jasper Spurlock. Signed: Jane (x) Johnson. Witness: Nancy Nash,
Martha Nash, Gabriel Nash. Recd 2 Sept 1850.
Page 53 ~ Susannah Human
22 Apr 1850
To Anna Human, wife
of Frederick Human, my bed and furniture. To my sisters Anna and Rutha Human, the
balance of my estate both real and personal for their support during their natural
life. At the death of my two sisters Anna and Rutha, I leave my land to Frederick
Human and his wife Anna Human. The balance of my property, if any, I leave to Ibby
Human. Executors: Frederick Human and his wife Anna Human. Signed: Susanna (x) Human.
Witness: Leroy Eberhart, Sarah A. Eberhart, George Eberhart. Recd 9 Nov 1852.
Page 54 ~ Samuel Cellum
10 Jan 1851
Entire estate to
my wife during her natural life or widowhood; in case she should intermarry, then
my estate to be divided among my wife and children. My executors to sell my lot
of land in Chattanooga County, 4th Section, 13th District,
78 No. for the benefit of the family. My wife to give my minor children as near
equal as she can to those that have married; also, give to my son in law James Bone
a note that I hold against him. Executrix: My wife Mary Cellum. Executor: Willis
Stephens. Signed: Samuel (x) Cellum. Witness: Joshua Standifer, Alexander (x) Norris,
Spellsby Tribble. Recd 5 May 1857.
Page 56 ~ James Thompson, Sr.
8 Apr 1841
To my wife Sarah,
the following property for her use during her natural life: my negro boy Joe, old
Nance and Sucky, the dwelling house and outhouses, and other property needed for
her support. At her death, this property to fall back into my estate. To my daughter
Mary, the 196 acres where she now lives, and the negro girl named Leafy, and $200.00
in current bank notes. To my daughter Elizabeth, $350.00 in current bank notes.
To my daughter Ann, $200.00 in current bills. To my daughter Jane, $200.00 in current
bank bills. To my four grandchildren, the children of my son Alexander living in
Coweta County, $5.00 each, having heretofore given my son Alexander property and
paid off his debts. To my son James, all my estate both real and personal as well
as all my property left in the hands of my wife; James to pay the said legacies
before selling any of the property. Executor: my son James Thompson. Signed: James
Thompson. Witness: John Gholston, William V. Thompson, James Long. Recd 12
Jul 1851.
Page 58 ~ Leonard Bolton
10 Jan 1852
I have already given
my son William B. Bolton one horse, bridle & saddle, one cow & calf, one
bed & furniture, and I make no further provision for him until my wife Martha
N. Boltons death or widowhood. I have given to my son Thomas J. Bolton as
much as I have given William and I make no further provision for him until my wifes
death. To my sons Elijah F. Bolton, James L. Bolton and Washington I. Bolton, one
horse, bridle & saddle, one cow & calf, one bed & furniture to each
of them as they come of age. To my daughter Peninia H. Carter, one bed & furniture
and one cow & calf; to my daughters Mary D. Bolton, Susan A. Bolton and Martha
F. Bolton, onebed & furniture and one cow & calf when they come of age.
At the death or marriage of my wife wife Martha N. Bolton, I wish an equal division
of all my effects among my children William B. Bolton, Pennenia H. Carter, Thomas
J. Bolton, Elijah F. Bolton, Mary D. Bolton, Susan A. Bolton, James L. Bolton, Martha
F. Bolton and Washington I. Bolton. Executrix: my wife Martha N. Bolton. Executor:
my son William B. Bolton. Signed: Leonard Bolton. Witness: Wiley Carter, Thomas
B. Thompson, William S. Thompson. Recd 26 Jul 1852
Page 60 ~ Berry M. David
12 Nov 1852
My wife Elizabeth
to keep my estate together as long as she lives; at her death, all my estate to
be sold. My daughter Susannah to have a horse, saddle & bridle or $100.00 in
money; my daughter Martha Ann shall have a horse, saddle & bridle or $100.00
in money; my daughter Mary Elizabeth shall have a horse, saddle & bridle or
$100.00 in money; all of the above named daughters to have on featherbed, bedstead &
furniture, and a cow & calf. My son James W. V. David to have a bed, bedstead &
furniture and cow & calf; he has had a horse, saddle & bridle; Kiziah has
received $100.00 in money in lieu of her horse & saddle. The balance of my estate
to be divided equally between my children; my daughter Kizziah Moon, my son James
V. W. David, my daughter Susannah, my daughter Martha Ann, my daughter Mary Elizabeth.
Executrix: my wife Elizabeth. Executor: my son James W. V. David. Children, settle
in peace and may the God of peace ever be with you. Signed: Berry M. David. Witness:
Asa Deadwyler, William F. Eberhart, George Eberhart, J.I.C. Recd 31 Mar 1853.
Page 62 ~ James Long
4 Dec 1850
To my son Crawford W.
Long, my State Bonds to the amount of $1,000.00, and $2,000.00 in cash, and one
fourth of my Georgia Railroad and Banking Company stock, to come into his possession
after the death of my wife Elizabeth. To my son Henry R. J. Long, I give Ben, Charity,
Perry, Frank, Courtney, Gabriel, Cleveland and Josephine, and one fourth of my Georgia
Railroad and Banking Company stock at the death of my wife. To my daughter Sarah
A. P. Mitchell, I give the following negroes; old Dicey, Manerva & her child,
and the following children of Dicey: Dicey, Augustus, Milly and James Wiley; and
$500.00 in cash, and one fourth of my Georgia Railroad and Banking Company stock
at the death of my wife. To my daughter Elizabeth Amanda, the following negroes;
Caroline and her 6 children (Anky, Osborn, Judy, Huldah, Laura & Silas), Mariah &
her child, and at the death of my wife, old Mary Mahaly & her three children;
also to have her piano, bed & furniture, horse stock & other property for
housekeeping to make her equal with the older children. To further provide for my
daughter Elizabeth A., I appoint Crawford W. Long, Henry R. J. Long and Giles Mitchell
trustees to manage the money and railroad stocks ($6,500.00 in cash and one fourth
of my stock in the railroad). My lands to be sold (with the exception of the land
around Danielsville and the town lots in Danielsville), and the money paid to the
legacies. To my wife Elizabeth, the lands where I now live, around Danielsville,
and the lots within the village of Danielsville; also the following negroes: John &
Nelly and their 6 children and Peter; my bonds, notes & accounts, and old Mary
Mahaly and her children. Executrix: my wife Elizabeth. Executors: Crawford W. Long,
Giles Mitchell and Henry R. J. Long. Signed: James Long. Witness: J.M. Skinnet,
E.W. Webb, John N. Montgomery. Recd 6 Jun 1853.
Page 66 ~ Solomon Strickland
16 Mar 1853
To my wife Mary
Strickland, with whom I have lived for many years, 31 shares in the Georgia Railroad
and Banking Company, one negro named Jack about 29 years old, a bed & furniture
and cupboard during her natural life. To my son Crawford M. Strickland, three negroes:
Molly about 28, Bill about 9, and Mary about 10. Also my tract of land known as
my Hempkill tract, 180 acres, adj. John Scott on Blue Stone Creek. To my daughter
Malinda White, wife of William A. White, three negroes: Jeffrey, a man about 76,
Sarah, a woman about 21, and her child Isabella about 18 months old. I have this
day executed a deed of gift for 298 acres being the place where she and her husband
now live. Also to Malinda $50. To my son Ephraim Strickland, one lot of land is
Cass County in the 15th district, 3rd section, number 216,
and two negroes: Tom, a boy about 6, and Huldah, a girl about 8. The remainder of
my estate, including 670 acres where I now live, and my half of a 170 acre tract
on Brushy Creek which I own with James S. Gholston, be sold and equally divided
between my 3 children. My wife to take care of my old negro woman Terry during her
life. Executor: My son Crawford M. Strickland and my son in law William A. White.
Signed: Solomon Strickland. Witness: James C. Freeman, John R. Bond, Rufus M. Mirony.
Recd 18 Mar 1854.
Page 72 ~ Frederick Scarborough, Sr.
10 Nov 1853
To my
beloved wife [blank space] Scarborough my entire estate during her natural life.
At the death of my wife, one equal tenth of my estate to my son Frederick Scarborough,
one tenth to my son Lewis Scarborough, one tenth to the lawful heirs of my son William
Scarborough, one tenth to the lawful heirs of my daughter Jane Williams, formerly
Jane Scarborough, one tenth to my daughter Lucy Smith, formerly Lucy Scarborough,
one tenth to the lawful heirs of my daughter Margaret Hendrick, one tenth to the
lawful heirs of my daughter Tracy Nelms, formerly Treacy Scarborough, one tenth
to the lawful heirs of my daughter Nancy Thompson, formerly Nancy Scarborough, one
tenth to the lawful heirs of my daughter Nepry Cheek, formerly Nepry Scarborough,
one tenth to the lawful heirs of my daughter Synthia Ginn, formerly Synthia Scarborough.
I also give one dollar to William Hunt who married my daughter Louranai Scarborough.
Signed: Frederick Scarborough. Witness: James Daniel, James M. Veal, William Strickland.
Recd 21 Aug 1854.
Page 74 ~ William Nash
15 Jun 1854
My entire estate to
my wife during her natural life or widowhood on the following conditions; that she
give each of my children, as they become of age or marry, a horse, saddle and bridle
worth $75 or that amount in money. Should my wife not marry, then at her death,
my estate be equally divided between my children. Should my wife marry, then my
estate be equally divided between my wife and all my children. Executrix: My wife.
Signed: William Nash. Witness: Gabriel Nash, W. B. J. Hardman, A. H. Attaway. Recd
21 Aug 1854.
Page 75 ~ William Thompson
26 Jan 1852
To my wife Nancy
during her natural life or widowhood, the tract of land where I now live and my
saw and gist mill and cotton gin; two negroe boys: Jerry, about 21, and Isaham,
about 17; one negro woman, Racheal, about 21 and her three children: Sandy, about
6, Viney, about one and a half, and her infant; and what household and kitchen furniture
she may choose. At the death or marriage of my wife, the above property to be sold
and equally divided between all my children except my sons Ansel D. Thompson and
James M. Thompson. The rest of my estate to be sold and equally divided between
my children, the negro property nor to be sold if it can be equally divided. My
son John A. Thompson to have one equal share, first accounting for $200 advanced
to him for the land where he now lives. To each of my other children (except Ansel
D. Thompson and James M. Thompson), I give an equal share of my entire estate: my
son William T. Thompson; my son Berry M. Thompson in trust for the children of my
son Ansel D. and the support of Ansel D.; my son Berry M. Thompson in trust for
the children of my son James M. Thompson and the support of James M.; my daughter
Elizabeth E. Carithers, wife of Amos Carithers, first accounting for $50, the price
of a horse given her; my son Berry M. Thompson, first accounting for $200 advanced
him; my daughter Mary F. Carithers, wife of James W. Carithers; my daughters Nancy
Thompson and Harriett C. Thompson to choose two negroes each in addition to their
equal share of my estate. Executors: My sons John A. Thompson and Berry M. Thompson.
Signed: William Thompson. Witness: Willis H. Binnell; William Patton, Willis Strickland.
Codicil: The share of Mary F. Carithers to go to my son Berry M. Thompson in trust
for said Mary F. Concerning the portions of Harriett C. Thompson and Nancy Thompson,
my daughter Harriett to have two negro girls: Lydia about 18, and Ann about 7. Nancy
E. Thompson to have three negroes: Adeline, nine years, Stephen, a boy 7 years old,
and Reuben, a boy two years old. My wife Nancy to have the negro woman Racheal but
not her three children (Sandy, Viney, and the infant) but to have one negro woman
Edy about 50 year of age. My daughters Harriett and Nancy not to pay board while
living with their mother. Signed: William Thompson. Recd 8 Nov 1854.
Page 81 ~ Berry J. Meadors
Recorded 5 Feb 1855
My estate
to remain together with my wife Elizabeth W. K. Meadows during her natural life
or widowhood for the purpose of raising and educating my several children: Martha
P. C. Meadors, Nancy E. David, formerly Nancy E. Meadors, Isaac Jones Meadors, Mary
J. Meadors, Louisa A. Meadors, Berry James Meadors, David W. Meadors. As children
become of age or marry, to receive the sum of $550, say a young negro worth about
$400 and the balance in stock. The rest of my property to be equally divided between
my wife and children. Executor: R. E. Hitchcock. Executrix: My wife E. W. K. Meadors.
Signed: Berry J. Meadors. Witness: James Daniel, Adkisson Tabor, John W. Porterfield,
David B. Meadors. Recd 5 Feb 1855.
Page 83 ~ William Vaughan
26 Oct 1854
The tract of land
where I live, and all my property, to my wife Kizziah Vaughn for the support and
education of my children, during her natural life or widowhood. Should my wife marry,
all my property to be sold by my executors on the place where I now live, and divided
equally between my wife and children. The children who have married I have given
the following property: to my son Miles B. Vaughn, horse, saddle, bridle, bed and
furniture worth ___ hundred dollars. The balance of my sons I want to have the same
amount of things as they come of age or marry. Martha Ann Hail, I have given bed,
furniture, cow & calf worth $50 and I want the rest of my daughters to have
the same amount of things as they marry or come of age. The share of my daughter
Mary McKown, I want her to have the liberty to choose someone in trust to hold her
part to prevent Andrew McKown from getting it as he has left her for several years
without any just cause. The rest of my property to be equally divided between my
legatees: My wife Kizziah Vaughn, Mary McKown, Miles B. Vaughn, Mathew A. Vaughn,
Martha M. Hail, Milly Vaughn, Susan Vaughn, William H. Vaughn, James T. Vaughn,
Polina K. Vaughn. Executor: My son Mathew A. Vaughn. Executrix: My wife Kizziah
Vaughn. Signed: William Vaughn. Witness: James M. Power, Frederick Human, George
Eberhart, J.C.C. Recd 6 Feb 1855.
Page 85 ~ Thomas J. Black
3 Nov 1854
All my land and
property to be equally divided between my five children: Milla A. S. Black, Barbara
W. Brown, Jonathon C. Black, Celia C. Black, and James W. Black. Executors: My friend
John B. Moon and my brother John W. Black. Signed: Tho. Ja. Black. Witness: James
S. Black, Thomas M. Anthony, Johnson F. Cunningham. Recd 7 May 1855.
Page 86 ~ William C. Carithers
24 May 1855
I have heretofore
given my son Robert G. Carithers $600 in lieu of a negro and one --- at $80; I now
give him one bed, bedstead & furniture, cow & calf and $10 worth of stock
or $50 cash. I have heretofore given my son John R. Carithers one horse, saddle &
bridle at $80, one bed, bedstead & furniture, one negro woman named Mahaly at
$550, $100 in cash, one cow & calf, and about $10 worth of stock & furniture.
I have heretofore given my son James G. Carithers one horse, saddle & bridle
at $80, one bed, bedstead & furniture, $20 in cash to buy a cow & calf and
other stock & furniture, one negro woman named Sophia at $550 and $100 in cash.
I have heretofore given my son Hugh A. Carithers one horse, saddle & bridle
at $80, one bed, bedstead & furniture, one cow & calf, $10 worth of stock &
furniture, and one negro woman named Harriett at $550. I have heretofore given my
daughter Amanda J. Thompson one bed, bedstead & furniture, one cow & calf,
$10 worth of stock & household furniture, $70 in cash in place of a horse, one
saddle, one negro woman named Lucy at $550 and $200 in cash in part of her interest
in her mothers estate. I give & bequeath to my daughter Sarah P. Carithers
one bed, bedstead & furniture, one cow & calf, $10 worth of stock &
house furniture, her saddle, one horse worth $70 or $70 in cash, One negro woman
named Mary and her child Easter at $800. I give & bequeath to my daughter Mary
F. Carithers one bed, bedstead & furniture, one cow & calf, $10 worth of
stock & house furniture, one horse, saddle & bridle worth $80 or $80 in
cash, one Negro woman named Priscilla at $550, one negro girl named Roda at $300.
I give and bequeath to my son Waltin J. Carithers one bed, bedstead & furniture,
one cow & calf, $10 worth of stock & house furniture, his saddle & bridle,
one horse worth $70 or $70 in cash, one negro boy named Daniel, son of Jims,
at $650 and $150 in cash in place of a negro girl named Harriett which I intended
for him but has died, and I appoint my son Hugh A. Carithers as trustee for the
property until my son Waltin J. arrives at the age of 21 years. I give & bequeath
to my daughters Sarah P. and Mary F. all the beds & furniture of their own making
and claim as their own. To my daughters Sarah P. and Mary F. and my son Waltin J.$10
each as a small renumeration for their kind & devoted attendance to their mother
in her last illness and also for their kindness to me since her death. My negros
be cast into lots with those belonging to my wife and equally divided into 8 shares,
to make my children equal. My land and other property to be sold and divided between
my 8 children. If the estate of my son William M. Carithers, deceased, is insufficient
to pay his debts, the debts to be paid out of my estate. I also put aside $25 for
enclosing the grave of my son William M. Executors: My sons Robert G. Carithers,
John R. Carithers, James Z. Carithers, Hugh A. Carithers and my son in law Berry
M. Thompson. Signed: W. C. Carithers. Witness: Gustavus H. Bird, Walten H. Griffith,
Robert P. Griffith. Recd 9 Jul 1855.
Page 92 ~ Samuel Groves
16 Jan 1855
To my wife Rachael
Groves, all my property not hereinafter disposed of, with the right & power
to sell any surplus stock or produce and the proceeds to be divided equally between
all my daughters: Eliza A. Woods, Sidney W. Mays, Zemula W. Woods, Artimissia M.
Woods, and Sarah L. Long. I have already given to my son Stephen C. Groves 120 acres
on Holly Creek adjoining Abner Glore & John Rhoads, and one negro boy named
Charles about 20 years of age. I have already given my son William L. Groves $300
in cash; I give him $100 and a negro boy named Henson about 18 years old. I have
already given my son John F. Groves 150 acres on Holly Creek adjoining Samuel G.
McCurdy and the New Hope Meeting House tract; I give him a negro boy named Lucus
about 1 years old. At the death of my wife, I give to my daughters Sidney W. Mays,
wife of Harvey M. Mays, Zemula W. Woods, widow of James Woods, Artimissia M. Woods,
wife of Robert Woods, and Sarah L. Long, wife of Joseph B. Long, an equal share
of the residue of my estate. One equal share to remain in the hands of my executors
for the sole and separate use of my daughter Eliza A. Woods, wife of Benjamin W.
Woods, for her care & support as needed. Executors: My sons Stephen C. and John
F. Groves. Executrix: My wife Rachael Groves. Signed: Samuel Groves. Witness: Willis
Strickland, Francis P. Eberhart, William F. Mays. Recd 6 Sept 1855.
Page 96 ~ Archer Norris
Recorded 9 May 1856
One half
of my entire estate to be equally divided between my two grandsons, Archer Griffith
and Samuel Eberhart, heirs of my daughter Mary Eberhart. My grandson Archer Griffith,
being of age, to receive his share at my death; if my grandson Samuel Eberhart is
not of age at my death, a guardian be selected to manage his share until he arrives
at age. Should either of my said grandsons die without heirs, his share to go to
my daughter Mary Eberhart, if living, and if not living, to the other grandson.
Should my daughter Mary Eberhart have any more bodily heirs, then all my grandchildren,
children of Mary Eberhart, be made equal with this one half of my estate. If at
the death of Mary Eberhart there should be no living bodily heirs, then I give the
shares thus willed to the heirs of Mary Eberhart to the bodily heirs of my daughter
Kiddie Eberhart (to wit), Robert Eberhart, William Eberhart, Francis Eberhart, and
Mary Eberhart. To be more fully understood, it is expressly my desire that my property
be enjoyed by my blood relatives, descendants of my lawfully begotten heirs, and
should any depart this life, the property to revert to and continue to revert to
my bodily relatives so they may keep my whole estate among them. The remaining half
of my estate to my grnadchildren, the heirs of my daughter Kiddy Eberhart (to wit),
Robert Eberhart, William Eberhart, Francis Eberhart and Mary Eberhart, to be managed
by the same conditions as the foregoing clause. Executors: My trusty friends Archer
Griffith of Oglethorpe County, and Robert Eberhart of Madison County, my grandsons.
Signed: Archer Norris. Witness: Samuel Groves, David Evans, Willis Strickland. Recd
9 May 1856
Page 100 ~ William G. Shields
7 Mar 1856
To my wife Lucinda,
my home where I live during her natural life or widowhood; if she marries again,
to be sold and equally divided between my 3 children: Littleberry, John -----, and
Mary Shields. To my wife, my horse, cart, oxen, two cows and working utensils. Executrix:
My wife Lucinda Shields and my brother Littleberry Shields. Signed: William G. (x)
Shields. Witness: Dudley Eberhart, R. L. McGinnis, Rodah Shields. Recd 12
Jul 1856
Page 102 ~ Stephen Morris
19 Mar 1855
All my property
to my four children; Sarah K. Murray, James M. S. Murray, Stephen T. Murray and
Aly A. M. Murray. My land in Chatooga County, one third of undivided lot no 107,
6th dist, 4th section, to be sold and the money to be kept
in a fund for raising the above named children. My land, 100 leauges, in this county
to remain undisturbed until Sarah C. Murray comes of age at 21 years, then the land
to be divided equally as each child arrives at age. My featherbed, bedstead &
bed clothing to my daughter Sarah C. Murray. Executors: My brother Alexander Morris
and my friend John F. Kirk. Signed: Stephen Morris. Witness: Luke R. Standifer,
George A. Morris, John R. Patterson. Recd 12 Jul 1856.
Page 104 ~ Carson King
2 Sept 1856
We, Milton P. Deadwyler,
Willborn J. OKelly and Joel Eckles were present last evening, 1 Sept 1856,
at the residence of Stephen White in said county, before and at the time of the
death of Carson King, the said King having been taken sick at the house of the said
Stephen White. About one hour and a half before his death, he called on us to remember
and take notice of what he was about to say. He had intended to make a will but
neglected to do so. He wished us to understand his will and desire: his 700 acres
in Habersham County to be equally divided between his son James J. King and his
daughter Nancy Berryman, wife of Gilson F. Berryman. If Nancy dies without heir,
her share to be divided between her brothers and sisters. The home place of 100
acres in Madison County, and the one half of the mill, to remain undisposed of for
20 years for the support of his younger children: Lucy M. King, John W. King and
Martha A. E. King. Each of his said younger children to have bed & bedding,
also William H. King to have bed & bedding. The rest of his estate to be sold
and equally divided among all his children. The share of Nancy House, wife of Buky
House, to go to her during her natural life and at her death to go to her children.
After 20 years the homeplace and the half of the mill to be sold and divided equally
between all the children. His son William H. King to act as guardian for the minor
children, and have pay for keeping up the mill. Soon after which he died. Signed:
M. P. Deadwyler, Willborn J. OKelly, Joel Eckles. Recd 11 Oct 1856.
Page 106 ~ Elizabeth Smith
13 Sept 1836
To my great granddaughter
Sarah Harriett Thompson, daughter of Julia Ann Thompson, deceased, former wife of
James Thompson, Jr., $100. To my granddaughter Mary E. Boothe, daughter of Mary
P. Boothe and Robert Boothe, one negro boy named Jordan about 7 or 8 years old.
To my daughter Lucy Stephens, widow of Elisha Stephens, late of Coweta County, $600.
To my daughter Nancy Floyd, wife of Turner Floyd, $200. To the children of my deceased
daughter Elizabeth Bradbury, formerly wife of William H. Bradbury, deceased, (viz)
Jane Pool, wife of Jonathon Pool; James H. Bradbury; Mary E. Bradbury; Nancy L.
Bradbury; Stephen Bradbury; Celia Bradbury; and Susan Bradbury, $150 to be equally
divided between them. To my son Henry P. Smith, two negroes, Andrew, about 24, and
Clary, a girl about 25. Also to Henry P. Smith, notes of hand I hold upon him, one
made to Stephen White for $412.50 and one made to myself for $136.69. Also $140,
the amount I hold against him for the hire of two negroes, Lewis and Anderson. To
my daughter Judah J. Russell, wife of William R. Russell, two negroes, Lewis a boy
about 36 and Amy, a girl about 28. To William R. Russell, one note of hand I hold
against him for $79, John Russell security. To my daughter Celia M. Carrington,
wife of William Carrington, four negroes: Billy, about 25; Charlotte, about 27;
Harriett, about 18 and her child Fanny. Also to my daughter Celia, my chaise horse
and my burnace(?). To my granddaughter Myran E. Mitchell, wife of Thomas Mitchell,
one negro girl Ann, about 6. My beds and bedding to be equally divided between my
three daughters, Mary P. Boothe, Judah J. Russell and Celia M. Carrington. My negroes
Ben and Clary to be sold. To my daughter Judah J. Russell, 54 acres on the waters
of Holly Creek. The remainder of my estate equally divided between my children Henry
P. Smith, Judah J. Ruseell, Mary P. Boothe and Celia M. Carrington. Executor: my
friend Willis Strickland. Signed: Elizabeth (x) Smith. Witness: Francis P. Eberhart,
Willis H. Bennett, William S. Whitworth. Recd 11 Oct 1856.
Page 110 ~ Adam Eberhart
6 Nov 1856
All my effects to
my wife Francis Eberhart during her natural life. Some of my children have received
a horse, bed and furniture, etc; after the death of my wife, those who have not
shall be made fully equal with those who have. After that, my estate shall be equally
divided among all my children. Executors: my sons Jacob Eberhart and Andrew S. Eberhart.
Signed: Adam (x) Eberhart. Witness: Bennett Sims, Spelsby Trible, Peter B. Winfrey.
Recd 5 Dec 1856.
Page 111 ~ Stephen White
14 Apr 1857
To my wife Lucy
White, all my household furniture that she may wish for her comfort during her life,
and provisions for her family and stock for one year. Also any part of the tract
of land where I now live. However, if my wife should marry, my executors to take
control of my Mills, to secure for all my children the one half of the tolls received
at the Mills and to keep them in good repair. Also to my wife, six negroes as she
may choose, and after her death to be placed in lots and to be equally divided between
all my children. Also, 2 horse and 2 mules, one two-horse waggon, also my carriage
and as many cattle, hogs and sheep as she may choose, also my Blacksmith and Plantation
tools and one equal part with my children in cash. To my son Obediah Newton White,
two negroes; Charlotte, a girl of yellow complexion about 12 years old, and Dave,
a boy of dark complexion about 8 or 9; valued together at $850. Also, $770 in cash
or property, and household furniture from my house so as to be made equal with my
children who have married. The negores belonging to my estate to be distributed
among all my children: Isaiah M. White, Rhody White, Henry P. White, William A.
White, Elizabeth M. OKelly, and Obediah N. White. My land to be sold and equally
divided between my 6 children. The part I intend for my daughter Rhoda White, wife
of James R. White, I give to James R. White in trust for the sole use & benefit
of Rhoda White and her children, free & exempt from the disposal of said James
R. White but to be kept and managed by him. The portion I intend for my daughter
Elizabeth M. OKelly, wife of Benjamin F. OKelly, I give to Benjamin
F. OKelly in trust for the sole use & benefit of my daughter Elizabeth
M. OKelly, exempt from the disposal of Benjamin F. OKelly but to be
managed by him. Executors: my sons Isaiah M. White, Henry P. White and William A.
White. Signed: Stephen White. Witness: J. S. Gholston, John M. Mathews, William
D. Chandler, Joel Eckles. Recd 8 May 1857.
Page 115 ~ John Collins
20 Jun 1857
To my son William
R. Collins, the following tracts of land; 1st tract, 101 acres, 2nd
tract, 16 acres, 3rd tract, 220 acres, 4th tract, 19 acres.
This is to but against what I have given to the rest of my sons. The rest of my
property to be divided among the following: Mary Collins my wife, Peggy Dudley,
John W. Collins, Thomas Collins and William R. Collins. John an Thomas may keep
the land where they are living; John, 150 acres for $150 and Thomas, 100 acres for
$100. If not, the land to be sold & divided with the rest of my property. The
portion falling to Peggy Dudley to go to her and her children only. Executor: my
son William R. Collins. Signed: John Collins. Witness: William F. Whitehead, Augustus
W. Carithers, Francis E. Powers. Recd 7 Jul 1857.
Page 116 ~ William Sanders
12 May 1855
To my wife Cynthia
Sanders, all my estate, lands, negroes, horses, cattle, hogs, sheep, plantation
tools, ox and cart, waggons, pleasure carriages, household of all & every description,
beds, bedsteads & furniture, tables, sideboards, bureaus, chests, clocks, kitchen
furniture and cooking utensils, money, debts of all kinds with the exceptions
made in the 2nd clause. And now I deem it proper to remark that notwithstanding
my affections are the same towards all my children that they ever have been and
I would be glad to do more for them than I have done had I the means, but being
compeled to pay out a considerable amount by gaining security, which is the cause
that I can not give them nothing more than I have heretofore given them. The exception
to the first clause... I think it probable that there is a Gold Mine on the tract
of land I now live upon, and in the event there should be gold or copper discovered,
the land to be divided between my wife and children; Parthemia Whitworth, Argulas
Sanders, Betsey Williams, Sally Stamps, my grandson William Briten Embry and George
S. Key whom I have raised and now live with me. Executrix: my wife Cynthia Sanders.
Signed: William Sanders. Witness: Nathaniel Strickland, James F. Strickland, John
Strickland. Recd: 1 Jul 1857.
Page 118 ~ Jane Nutt
23 Oct 1847
I have heretofore given
my grandson John Nutt a negro man named Green and $600 in money, making $1100 for
which I hold his note & obligation; I hereby direct that note and obligation
given to him. To each of my other grandchildren; Mary Jane Ware, sarah Jane Kimbrough,
Margaret Ann Kimbrough, Martha M. Kimbrough, Jesse William Kimbrough, John W. Colbert,
James F. Colbert, Nathaniel N. Colbert and Sarah Ann Colbert, and my daughter Margaret
M. Colbert, I have likewise heretofore given in property and money $1100. My land
in this county containing 550 acres, my two negroes Nancy and Green, and my other
property to be sold and divided between the following persons that may be alive
at the time of division: My grandchildren John Nutt, Mary Jane Ware, Sarah J. Kimbrough,
Margaret Ann Kimbrough, Martha M. Kimbrough, Jessee William Kimbrough, John W. Colbert,
James F. Colbert, Nathaniel N. Colbert, Sarah Ann Colbert and daughter Margaret
M. Colbert. Executor: my son-in-law Sanders W. Colbert. Witnes: Jane (x) Nutt. Witness:
Jno. Sanders, Kintchen Strickland, L--- Colbert. Recd 8 Oct 1857.
Page 120 ~ Nancy Strickland
22 Sept 1857
To my four daughters,
(viz) Mary R-----, formerly Mary Strickland; Sophia Porterfield, formerly Sophia
Stgrickland; Nancy Johnson, formerly Nancy Strickland; and Sarah H. Christian, formerly
Sarah H. Stirckland, all my bedding and bed furniture. All my estate, both real
and personal, to be sold to the highest bidder and equally divided among my six
children; (to wit), ) Mary R-----, formerly Mary Strickland; Sophia Porterfield,
formerly Sophia Stgrickland; Nancy Johnson, formerly Nancy Strickland; and Sarah
H. Christian, formerly Sarah H. Stirckland; James E. Strickland in trust for the
children of Gaines Strickland; and James E. Strickland and William Strickland in
trust for Zachariah Strickland my grandson and son of William Strickland. The parts
going to Mary B--- and Sophia Porterfield to be free from the liabilities of their
husbands. To my son James E. Strickland, in trust for Nancy Strickland, Mary Strickland
and Ephraim Strickland, children of my son Gaines Strickland, one equal share or
one seventh of my estate. To my son William Strickland in trust for my grandson
Zachariah Strickland, son of William Strickland, one equal share or one seventh
of my estate. To my daughter Nancy Johnson, my present crop of corn and cotton.
One cow and calf to grandchildren Nancy R. Strickland, Mary E. Strickland and Ephraim
Strickland. To my daughters Sophia Porterfiled, Nancy Johnson and Sarah K. Christian,
my entire stock of hogs. Executor: My son James E. Strickland. Signed: Nancy (x)
Strickland. Witness: James Daniel, Jr., Samuel M. Ware, Jeremiah P. Perryman, James
S. Gholston. Recd: 8 Oct 1857.
Page 123 ~ Harris J. Hart
12 Oct 1858
My estate to be
kept together for the maintenance of my wife and three youngest children, (to wit),
Sally Hart, my wife, James A. Hart, Archy F. Hart, Laloola M. Hart until the youngest
shall become of age. Then my entire estate to be divided equally among my wife and
four children, Mary M. Thompson and the above named three children. If my wife should
marry, at that time my estate to be divided equally between my wife and four children.
Executor: My beloved and trusty friend Sherman J. Sims. Signed: Harris J. (x) Hart.
Witness: C.B. Sims, M.W. Edwards, James F. Faulkner. Recd 5 Nov 1858.
Page 124 ~ James Lawless
27 Jul 1857
All my estate to
my wife Permelia P. Lawless during her natural life or widowhood, but not to sell
my land in this county ever during her lifetime or leave the same to any person
whatever. If my wife should marry, then my estate to be sold when my youngest child
is twenty one and equally divided among all my children. My sorrell filly to be
sold to pay my debts. Executor: Richard H. Bullock. Signed: James (x) Lawless. Witness:
Josiah Cheatham, William H. (x) Bryant, Spilsby Trible. Recd 5 Mar 1859.
Page 126 ~ Joseph Bragg
2 Jan 1854
To my brother George
Bragg and my nephews Charles T. Berryman, Robert Berryman, and Wilson P. Berryman,
the sons of my sister Nancy Bragg formerly, now Nancy Ballinger, my entire estate
consisting of seven negroes (to wit) Fillis, a girl about 22; Becky, a girl about
15; John, a boy about 15; Malinda, a girl about 14; Tourcali, a girl about 8; Frances,
about 6; and William, a boy about 12; and 350 acres of land in this county. Executors:
My nephews Charles T. Berryman and Robert Berryman. Signed: Joseph (x) Bragg. Witness:
James S. Gholston, Richard B. Gholston, James Daniel, Jr., Felan S. Pullen. Recd
5 Mar 1859.
Page 128 ~ George Bragg
17 Jul 1857
Indenture between
George Bragg of the one part, and Jeremiah T. Hall, son-in-law, of Madison Co.,
Jefferson Jones, son-in-law, of Madison Co., and Thomas B. Bragg, son, of the State
of Mississippi, Newton County. For love and affection, all the property that George
Bragg owns or is possessed of at the time of his death, except $30 which he gives
to Seary Parlia, the youngest child of Permelia Tucker. Signed: George Bragg. Witness:
Wilson P. Berryman, Wm. (x) Hall, R.M. Brown. Recd 8 Aug 1860. Whereupon it
is considered and adjudged that the said paper prpounded be admitted to record as
the last will and testament of George Bragg. 9 Sept 1859, T.M. Daniel, Atty for
Pros.
Page 130 ~ John Dobbs
11 Jul 1855
My wife Sarah to have
all my estate during her natural life. At the death of my wife, my estate to be
equally divided between my children (to wit), my two sons James Dobbs and Oliver
Dobbs and my daughter Mary Ann Anthony. My son Oliver to take my negro Charlotte
and her increase into trust for Mary Ann Anthony and her children should she have
any. Executors: My sons James and Oliver Dobbs. Signed: John Dobbs. Witness: Gabriel
Nash, Henry C. Nash, Martin Nash. Recd 1 Dec 1860.
Page 132 ~ Elizabeth Montgomery
16 May 1861
Having no
children, I will and bequeath to my nephew John N. Montgomery $200; to my niece
Caroline Bird, wife of Wilson J. Bird, $100; my nephew Joel Cunningham, $100; my
niece Martha N. Poole, $100 for the benefit of her children Rosanna & Mary Poole;
to James L. Bird, my nephew, $200. The remaining part to be divided equally among
them. Executors: John N. Montgomery and Joel Cunningham. Signed: Elizabeth Montgomery.
Witness: Green B. Suaill, William P. Alexander, Joel L. Willis, R.W. Pruett. Recd
10 Jan 1862.
Page 133 ~ Willis Strickland
January 1862
To my wife
Harlow S. Strickland, all my property both real and personal during her lifetime
or widowhood, except as hereinafter provided. To my daughter Mary E. Groves, wife
of Stephen C. Groves, a negro boy Doctor. To my daughter Saleney E. Strickland,
a negro girl Polly. To my daughter Harriett Thompson, wife of Ephraim Thompson,
a negro girl Mary. To my daughter Huldah McCurdy, wife of William H. McCurdy, a
negro girl Caroline. To my daughter Sarah A. Strickland, a negro girl named Minta.
To my son Milton J. Strickland, for a home, land adjoining Willis Jarrell, Harriett
W. Graham and myself, and also a negro boy Sam. To my daughter Elizabeth Strickland,
a negro girl Matilda. To my son Wilson B Strickland, for a home, the land known
as the James Jarrell Tract, a negro boy Haden. To my son Kinchen Strickland, land
upon the same tract of my other two sons, and one negro boy Wiley. To my daughter
Eliza F. Strickland, a negro girl Ann. To my granddaughter Nancy E. McCurdy, daughter
of William H. and Huldah McCurdy, $150 to aid in raising and educating her. If my
wife marries, to have two choice negroes and and equal share of my estate. Executors:
my son Milton J. Strickland and my friend Richard B. Gholston. Signed: Willis Strickland.
Witness: Francis Power, Charles C. Graham, James J. Green. Recd 14 Jul 1862.
Page 137 ~ James Burroughs
14 Jul 1856
To my present
wife Elizabeth Burroughs, all the good and chattels that belonged to her before
our marriage and brought to my house after our marriage consisting of bed, bedstead &
clothing chest, trunk, drapery, table, wearing clothes, etc, cow & calf. And
$500 from my estate. All the remainder of my property to be sold an divided equally
into six shares, one to my son William F. Burroughs, one to my son John A. Burroughs,
one to the children of my daughter Mary F. Bone (deceased), one to my executors
in trust for my daughter Alsey Lane and then to her children, one to my executors
in trust for my daughter Elender Thompson and then to her children, one to my executors
in trust for my daughter Eliza Johnson and then to her children, excluding the heirs
of her deceased son William Johnson. My reason for excluding William Johnsons
heirs is his undutiful and bad conduct towards me his aged grandfather. Half of
the value of the land on which I now live shall be equally divided among the children
of my former deceased wife Nancy Burroughs, born of her by Edward Christian, decd,
her former husband. The other half to be divided among my children and grandchildren
as named. Executors: My sons William F. and John A. Burroughs. Signed: James (x)
Burroughs. Witness: A. Phillips, A.J. Ware, Richd B. Gholston. Recd 6 Aug
1862.
Page 139 ~ Charles McGee
20 Feb 1862
To my wife Rebecca,
one fourth of all my property, and one fourth part of the share I have a right to
draw from my fathers estate. The remainder to be equally divided between my
children. Executor: My brother Joseph McGee. Signed: Charles McGee. Witness: W.R.
Collins, Isaac B. Simmons, John C. Collins, J.M. Mathews. Recd 7 Aug 1862.
Page 140 ~ George Hampton
13 Nov 1849
All my land and
property to my wife Sarah Hampton. At my wifes death, my negro woman Rose
to have the privilege of choosing her house with any of my children who are willing
to take her. The rest of the property to be sold and $200 to be paid to eaqch of
the following named of my daughters: Sarah Anderson, Minty Ann Williams, Rhoda Gilbert
and Elizabeth Whitworth, to make them equal with what my other children have already
received. The balance to be equally divided between all my children. If at the time
of said sale, the negroes Rose and Sharp so old and infirm so as to be of no value,
then some reasonable amount no exceeding $50 to be retained by my executors to keep
them from suffering during their lifetimes. I retract and except my daughter Rutha
Whitworth, she should not have any part of my estate more than she has already received
in my lifetime. Executrix: My wife Sarah Hampton. Executor: Spelsby Tribble and
Jonathon Sanders. Signed: George (x) Hampton. Witness: Jona. Sanders, Chapman Windham,
R. H. Bullock. Recd 12 Nov 1862.
Page 142 ~ James Porterfield
20 Jun 1857
I have already
given my son Willis Porterfield one horse, saddle & bridle and 100 acres of
land; it is my will that he have no more of more of my estate during the life or
widowhood of my wife Tabitha Porterfield. I have already given my son Allen Porterfield
a horse, saddle & bridle and 100 acres of land; it is my will that he have nothing
more of my estate during the life or widowhood of my wife nor in a final division.
I have given to my deceased son John Porterfield one horse, saddle & bridle
and 100 acres. Never having made John Porterfield title to this land, I have executed
the same to heirs. They will have nothing more from my estate. I have given to my
son James W. Porterfield one horse, saddle & bridle and 100 acres of land; nothing
more of my estate during the life or widowhood of my wife. I have given my daughter
Malinda Collins one bed & furniture, 2 cows and calves, & cooking utensils.
At my death, my son-in-law Jeremiah Hall to have in trust for Malinda Collins $300
for her use and not subject to the control of Thomas Collins, her husband. I have
given my daughter Martha Strickland one bed & furniture, one cow & calf,
saddle, cooking utensils, etc. At my death, my son-in-law Jeremiah Hall to have
in trust for Martha Strickland $50 for her use and not subject to the control of
William Strickland, her husband. I have given to my daughter Eliza Broach one bed &
furniture, cow & calf, saddle, etc; at my death she is to have $330 and nothing
more during the life or widowhood of my wife. I have given to my daughter Harriett
Carithers one bed & furniture, cow & calf and other property; at my death
I will that she have $300 and nothing more during my wifes life or widowhood.
I have given my son Heratio Porterfield one horse, saddle & bridle and 100 acres
of land; he is to having nothing more during my wifes life or widowhood. I
give to my son Nathan Porterfield one horse, saddle and bridle and 100 acres of
land. I have given to my daughter Francis Hall one bed & furniture, cow &
calf, etc, at my death I give her $300 and nothing more during my wifes life
or widowhood. To my wife Tabitha Porterfield, all my estate not otherwise disposed
of. Should she marry, to have an equal share with my children. My son Allen to have
nothing more from my estate. At the death or marriage of my wife, my property to
be sold and divided equally among my children hereinafter named: Willis Porterfield,
James W. Porterfield, Eliza Broach, Harriett Carithers, Horatio Porterfield, Nathan
Porterfield, Frances Hall. Executrix: My wife Tabitha Porterfield. Executor: My
son Willis Porterfield. Signed: James Porterfield. Witness: William M. Seath, Crawford
M. Strickland, John Seath, Jr. Recd 20 Jan 1863.
Page 146 ~ Samuel Dudley
6 May 1862
To my wife Nancy
S. Dudley, during her natural life, 89 acres where I now live and another lot of
land adjoining Benjamin L. Carithers and others containing 100 acres, and all my
stock, household and kitchen furniture. At her death, to be sold and equally divided
between my lawful children, namely, James T. Dudley, Mary Ann P. Dudley, Jasper
J. L. Dudley and Lemuel D. Dudley. Executrix: my wife Nancy Dudley. Signed: Samuel
(x) Dudley. Witenss: Oliver Threldkeld, R.M. Brown, Robert Woods, James P. McCalister.
Recd 10 Feb 1863.
Page 147 ~ David Barnett
20 Jun 1861
Oglethorpe County:
At my death, my property both real and personal (except as herein after provided)
to be sold and the funds equally divided amongst all my children except Benjamin
J. Barnett and William Barnett, to each I give one dollar. My reason for excluding
my two sons Benjamin and William is that I have always had to pay for them more
than an equal share of my estate would amount to. My youngest son George W. Barnett
has volunteered and is now in the service of his country and may never live to return;
in that event his share to be equally divided between his brothers and sisters of
the full blood. To the children of my deceased daughter Crotia M. Hays, one equal
share, except Tabitha Power, formerly Tabitha Hays, wife of Bennett Power; her share
to go to her children. To my son James Barnett, an equal share. To the children
of my deceased daughter Nancy Power, former wife of William G. Power, except Susan
Power who is now dead and Bennett Power who has not acted in a becoming manner.
To my daughter Mary Coil, wife of James Coil, during her natural life and then to
her children. To my daughter Martha Wood, wife of Fountain Wood, one equal share
of my estate for her sole and separate use. To my daughters Vicey E. Duffel, wife
of James Duffel; Nicy E. Simmons, wife of Turner Simmons; Francis S. McLeroy, wife
of Charles McLeroy; Eliza J. Daniel, wife of Allen H. Daniel, one equal share for
their sole and separate use during their lives and then to their children. To all
the rest of my children (to wit) Elizabeth Ann Barnett, Abel M. Barnett, David A.
J. Barnett, John F. Barnett, Leonard C. Barnett, Archibald H. Barnett and George
W. Barnett, I give one equal share of my estate. My sons Archibald H. Barnett and
daughter Elizabeth Ann Barnett to have the privilege of taking possession of my
lands for a home if they choose to do so. Executor: My friend Willis Strickland.
Signed: David (x) Barnett.
Witness: John V. Collier, Benjamin G. Webb, James
O. Chandler.
Recd 23 Jan 1863.
Page 151 ~ John H. Lester
22 Dec 1862
Being now about
to depart from my home to go into the Army in the service of my country as a substitute
and therefor may not live to return to my native home in this life, deem it right &
proper both as regards to my relatives and my self, being a single man, that I make
a disposition of my property. To my sister Caroline Bullock, my gold watch and chain
and my double barrel shot gun and my cross cut saw, and the tender obligation for
$2000 which I hold against Sanders W. Colbert, for her to collect and pay the rest
of my brothers and sisters five dollars to each one, the balance to go to her own
proper use and benefit. Executrix: My beloved and most worthy sister Caroline Bullock.
Signed: John H. Lester. Witness: John H. Bullock, Sarah A. Pall---, John F. Kent(?).
Recd 10 Jun 1863.
Page 152 ~ Sibby A. Eberhart
12 Sept 1859
To my son Charles
M. Smith, my negro boy John about 3 or 4 years old. To my granddaughter Georgia
Ann, daughter of Elizabeth Ann Williford, my negro girl Julia about 7 years old.
To my granddaughter Martha E. Williford, my negro boy Ralfen, about 2 or 3 months
old. My negro boy Charles, together with all my other perishable effects, to be
sold and the proceeds equally divided between my grandchildren; Georgia Ann, Martha
E. Williford, Wilson Williford, Sarah H. Thompson, and my grandchild, daughter of
my son William G. B. C. Smith and Mary F. Smith his wife, and James Pitt who is
to have $100 more than an equal share. My husband Eli Eberhart to have the use of
my negro woman Minerva while he remains single or until his death, under the control
of my son Charles M. Smith, then to belong to my son Charles M. Smith. Executor:
my son Charles M. Smith. Signed: Sibby A. Eberhart. Witness: Wm. H. McCurdy, John
A. McCurdy, Willis Strickland. Recd 15 Aug 1863.
Page 154 ~ Kinchen Strickland
15 Aug 1854
First, all
my debts to be paid. Second, to my wife Sarah H. Strickland during her natural life
or widowhood, 100 acres of my land including the houses, with the exception of the
Gin House; a horse, my carriage and harness, and at her death or marriage, the carriage
and harness to belong to my daughter Elizabeth Guthright, formerly Elizabeth Strickland.
Also to my wife, a negro girl named Nancy about 12 or 13 years, during her life
or widowhood and then to revert back to my estate. But if my wife moves out of Madison
or Clarke County, Nancy and her increase to revert back to my estate and my wife
to have $300. Also to my wife, a bed and furniture, one cow and calf, one sow and
pigs, four head of sheep, and household and kitchen furniture. My boy Edmond to
be placed in her possession to assist in making a support during her life or widowhood.
My wife to have the trunks and bed clothing she brought to my house after our marriage.
Third, to my grandchildren, the children of my daughter Polly Sims, a negro boy
named Stephen 11 or 12 years old. Should my daughter Polly die before her present
husband Burkly Sims, then my son-in-law to enjoy the use of Stephen until the youngest
child of my daughter Polly becomes of lawful age. Also to the children of Polly
Sims, $400 to be retained at interest until the youngest child comes of age, then
to be equally divided among them, in lieu of 200 acres of land I intended for them.
Fourth, I have already loaned my son Wilson Strickland a negro boy Richard, which
I now give and bequeath him during his life and then to his children. Fifth, I have
already loaned my son Willis Strickland a negro boy Silas which I now give and bequeath
him for his natural life and then to his children. Sixth, I give my daughter Louany
a negro girl named Sella during her natural life and then to her children. Seventh,
To the children of my daughter Lucinda who has departed this life, a negro girl
Louisa and her present and future increase, to be held and kept by Noah W. Pittman,
formerly the husband of my daughter Louany, until the youngest child comes of age,
then to be sold and divided among the children and Noah Pittman to have an equal
share. Eighth, To my daughter Sarah Adeline I have already loaned a negro girl named
Mahaly, which I now give and bequeath her for her natural life and then to her children.
Ninth, To the children of my son Benoni B. Strickland, 200 acres of land and a negro
boy Oris, to be held by my son during his natural life and then divided among his
children. Tenth, To my daughter Elizabeth I have already loaned a negro girl named
Caroline, which I give to my daughter for her natural life and then divided among
her children. Eleventh, To my son Kinchen M. Strickland during his natural life,
a tract of land supposed to be about 250 acres and a negro boy Lewis, then to be
divided among his children. Twelfth, To my grandson Willis F. Strickland, son of
Henry R. Strickland, during his natural life, a negro boy Burton and 150 acres where
Henry Strickland formerly lived, and then to be divided among his children. Thirteenth,
My daughter Elizabeth to have a cow and calf. Fourteenth, My son Kinchen M. Strickland
a bed & furniture, 2 cows & calves, 4 head of sheep, one sow and pigs, household
and kitchen furniture. Fifteenth, The girl Nancy and her increase if any that I
left to my beloved wife during her natural life or widowhood or as long as she remains
in this county or Clarke County, to return to my estate and that one of my children
take said Nancy at valuation. Sixteenth, my property that may revert to be disposed
of in the same manner as my real and personal estate. Seventeenth, The balance of
my negroes and their increase be placed in nine shares or lots and drawn for in
the usual manner, each legatee being entitled to the lot he or she may draw. Eighteenth,
All my real and personal estate not already disposed of to be sold at public outcry
and the money arising therefrom equally divided between my nine children with the
exception of my daughter Louany, who after her husband Willis H. Strickland accounts
to me for $100 which I have to pay for him to William Matthews then my daughter
Louany is to have an equal share with the rest of my children. Nineteenth, I have
an old negro man named Isaac who has been a faithful servant, when he shall become
unable to labor for his support my will is that he make choice of one of the children
at whose house to make his home and that my estate pay to such child reasonable
compensation for taking care of him. It is my desire that my executors reserve sixty
feet square around my wifes grave. Executors: My sons Willis Strickland, Benoni
B. Strickland, and Kinchen M. Strickland.
Signed: Kintchen Strickland. Witness:
James S. Gholston, Sanders W. Colbert, Richard B. Gholston.
Codicil: 9 May 1861:
First, I revoke and annul the second article and in leiu thereof do give my son
Kinchen M. Strickland in trust for my beloved wife Sarah H. Strickland during her
natural life or widowhood a sufficiency of land off the upper part of my plantation
known as the John Hickens Johnson tract including the two lower rooms on the north
side of the house I now live in and the use of the kitchen and smoke house; also
such a horse as she may select not exceeding $80 and my carriage and harness; also
one negro woman by the name of Viney for the use of my wife Sarah H. Strickland
during her natural life or widowhood and then to revert back to my estate. Also
to Kinchen M. Strickland in trust for my wife, a negro man Edmond for the purpose
of assisting her in making a support on the land. Also for the use of my said wife
one choice bed and furniture, one cow & calf, one sow & pigs, and household
furniture, clothing, etc. Second, I revoke the ninth article as it relates to the
negro boy Orris, the said Orris having died. I now give in lieu of Orris a negro
boy named Burton. Third, I revoke and change the twelfth article as relates to the
negro boy Burton which I have in the codicil given to the children of my son Benoni
B. Strickland and in lieu of said Burton I now give to my grandson Willis F. Strickland
my boy Jesse. Fourth, I now give to my son Kinchen M. Strickland in addition to
what I have already given him in the eleventh article, for his attention and services
rendered me and my family during our afflictions sickness, the sum of three hundred
dollars. Also to my grandson Willis F. Strickland in addition to what I have already
given him in the twelfth article, for his kind attentions and services rendered
to me & family during our afflictions and sickness, the sum of $150. It is also
my wish and desire that my son Kinchen M. Strickland and my grandson Willis F. Strickland
have use of and occupy the house that I now live in except the two lower rooms on
then north side. Fifth, should my son Kinchen M. Strickland refuse to act as trustee
for my wife Sarah H. Strickland, then my son Willis Strickland should act as trustee,
but in the event that neither of my sons Kinchen Strickland or Willis Strickland
should be willing to act as trustee, I hereby authorize the court of Madison County
to appoint some fit and proper person. Signed: Kinchen Strickland.
Witness:
Rufus M. Mironey, Oliver R. Griffeth, Walten H. Griffeth. Recd 8 Oct 1863.
Page 167 ~ Francis Power
13 Mar 1862
My beloved wife
Sarah M. Power keep all my property together after my just debts are paid for the
raising and the education of my children and her support during her life or widowhood.
In the event that my wife Sarah M. Power should marry again, all my estate be sold
and equally divided between her and my children, she having a childs part
of my estate. As my children become of age or marry, my wife to give them such property
as she may think she can spare without injuring herself or the remaining children.
If my wife should not marry again, my estate to be sold or divided after her death
and so divided among my children. Executrix: My wife Sarah M. Power. Executors:
My friend Charles C. Graham and my son James Power. Signed: Francis Power. Witness:
William D. Gholston, John J. Carrithers, Richard B Gholston. Recd 28 Nov 1863.
Page 168 ~ Andrew McEaver
21 Feb 1858
I will to my four
living daughters, to wit; Elizabeth Beard, Cynthia Faulkner, Margaret Webb and Martha
Milham, five dollars each. Also the children of my deceased son B. McEaver and my
deceased daughter Catharine Albright, one dollar each. After the two first &
second items of this will are executed, my well known friend John R. Bond to take
into his possession all the remainder of my estate to be kept in trust for the exclusive
use & benefit of my son Joseph McEaver, not to be subject to the debts or contracts
of said son Joseph McEaver. This I do because my son Joseph waited on his mother
in her last sickness in a manner that gratified me & because my son Joseph since
the death of his mother & my wife has not ceased waiting on me.
Executor:
My friend Gabriel Nash. Signed: Andrew McEaver. Witness: John Scott, Sr., Alexander
Veal, K. Tyner. Recd 28 Nov 1863.
Page 169 ~ Andrew S. Eberhart
27 Jul 1863
Expecting in
a short time to go to the Army as a soldier in defense of my country & through
the will of divine providence may not return in this life, deem it right & proper
both as regards to my family and myself that I should make a disposition of the
property with which a kind providence has blessed me
To my daughter Sarah
A. my negro girl Mandy about 10 years old, one feather bed & clothing and &
bedstead, also one half of the balance of my estate. The other half of my estate
to be divided equally between my beloved wife Edna J. and my daughter Letitia L.
My wife to have & hold the said equal share during her natural life or widowhood;
in case of her death or marriage, it all to go to Letitia L. All my property to
be kept together as it is now until my daughter Sarah A. becomes of age or marries.
Executor: my friend Bennet Sims. Signed: Andrew S. Eberhart.
Witness: James
S. Treble, Sarah A. Patterson, John F. Kirk. Recd 28 Nov 1863.
Page 171 ~ Nancy Lathers
14 Sept 1863
To my grandson
Robt. J. Workman one hundred dollars. To my grandson James Workman one hundred dollars.
To my sister in law Martha Anderson one thousand dollars. To my friend Rebecca Anderson,
daughter of my sister in law Martha Anderson, my walnut bureau, also my family bible
and the rest of my books. Executor: My friend Rubin McGinnis. Signed: Nancy (x)
Lathers. Witnesses: Boley Wilson, W. Strickland, Mary V. (x) McGinnis. Recd
8 Dec 1863.
Page 172 ~ John Scott
January 1859
To my wife Rebecca
Scott during her natural life, 100 acres that shall include the dwelling and outhouses
on the plantation on which I live, adj. my son William, Sorrells line, Christians
line; the following negroes: Commadore & his wife Jane & their children,
little Jane, Swillen and Josephine; at the death of my wife (or should she take
her dower out of all or any lands in that event), my executors shall sell said 100
acres and said negroes and divide the proceeds as I shall hereinafter direct the
division of the sale of the residue of my property. Also to my wife the following
property to dispose of as she pleases; a sorrel mare with a blaze on her forehead,
my buggy and a horse of her choice, a yoke of oxen and cart or wagon of her choice,
a saddle & bridle, two cows & calves, two bedsteads & furniture, all
of her choice, two chests & trunk, one clock, all of her choice cooking utensils,
table furniture, one years provision of corn, wheat, oats, meat, sugar & coffee.
This property I will to my wife in lieu of her dower out of my real estate. Should
she disregard my will and like her dower, she is not to have the foregoing legacy.
To my son John Scott, the land settled and lived on for long time known as the Shoemaker
place containing 250 acres; also the tract of land on which he now lives; also a
negro woman named Huldah and her three children, Emily, Elizabeth and her infant
child. To my son William W. Scott, the tract of land on which he now lives including
the Hemphill tract that lies north of the land I willed to my wife. Also six negroes:
Black Sam and his four children (to wit) Samuel, William, Harriet and Sarah, and
a fellow named Green. To my daughter Elizabeth McKy the following negroes: Jerry,
a fellow, and his wife Josephine and their four children (viz) Lewis, Thomas Henry
Washington, George & an infant, Old Cynthia a woman, & fellow named Jeff.
To the children of my deceased daughter Harriett McKy the following negroes (viz)
Kit, my old trusty fellow, and his wife Luda [Linda?], Kits sons Christopher,
Elbert, his daughter Catharine & her husband Bill, Old Celia & Ephraim to
be divided among them as they may think proper in the nature of the case. To my
daughter Lettie Branham the following negroes (to wit), John a fellow and his wife
Mary & their daughter Francis & Hagar, Old Sam and his wife Kate, also a
tract of land adjoining her & Crawford W. Strickland containing 160 acres. To
my daughter Huldah Holland the following negroes (to wit), Nance, a woman, Hamp,
a fellow & his wife Martha & their four children Elbert, Washington, Martha &
Robert; in the event that my said daughter Huldah Holland dies leaving no child
or children, in that event the said negro Nancy & her increase shall go to my
granddaughter Mary Holland. To the children of my deceased son Charles Scott, three
several lots of land in Cherokee County of said State lying near the farm of my
deceased son, also two town lots in the town of Camden in County of Cherokee, also
the following negroes; Jack, a fellow, Charlotte and her son John and Harry a man.
To my granddaughter Mary Holland the following negroes (to wit), Cynthia, Bill,
Celia (John & Marys child), and Lya a girl. To my grandson James W. Branham,
a negro boy named Ned and $200. To my grandson Austin B. Branham the sum of $1400
if he is in life and calls for same seven years after my death. To my two sons John
and William W. Scott, in addition to what I have already willed them, all the remainder
of my Hemphill tract, each to have an equal number of acres. To my grandson Allen
Wood, two negroes (to wit) Zed a fellow & Tancy. The remainder of my estate
to be divided into as many shares as I have children and grandchildren. My executors
to sell my one undivided third of the Madison Springs. All the negroes that I will
to my granddaughter Mary Holland shall go with the hands of my son William W. Scott
as trustee for her until she becomes of age or marries. All the property I have
willed to my son John Scott except the tract of land first described be placed in
the hands of my son in law John McKy in trust for my son. Executors: my son William
W. Scott and my son in law John McKey. Signed: John Scott. Witness: Keeland Tyner,
Crawford W. Strickland, Gabriel Nash. Recd 10 Feb 1864.
Page 177 ~ Morasset David
12 Oct 1860
To my wife Elizabeth
David during her natural life, my entire estate both real and personal except as
hereinafter describes. I have heretofore given my son Joseph J. David, now deceased,
a negro boy named Bill, a bed and furniture, one horse, saddle and bridle and about
$20 worth of other stock. Also to my daughter Lucinda O'Kelly, formerly Lucinda
David, a negro girl called Matilda, a bed and furniture, one horse, saddle and bridle
and about $20 worth of other stock. Also to my son Morasset David, Jr. I have given
$800 in money, one horse, saddle and bridle, and wish him to the like bed and furniture
and about $20 worth of stock to make him equal with the older children. Also to
my son Jonathon David I have given $800 in money, one horse, saddle and bridle,
and wish him to have the like bed and furniture and the like value of $20 in other
stock. To my son William Griffeth David, one negro boy called Jim, one horse, saddle
and bridle, one bed and furniture and about $20 worth of other stock. To my daughter
Sarah Elizabeth David, one negro girl called Emily, whenever the said Sarah Elizabeth
shall become of age, and should the said negro Emily die before my said daughter
becomes of age, then the said Sarah E. to have $800; also to have a horse, saddle
and bridle, bed and furniture to make her equal with the other older children. To
my daughter Lucy E. David, the following negroes (to wit) one negro girl named Sarah
Jane, and one negro boy named Solomon; also the like value in horse, saddle and
bridle, bed and furniture to make her equal with the rest of my children; to be
delivered to her by my executors when she may become of age or marry. At the death
of my beloved wife Elizabeth David, all my property be sold and equally divided
amongst all of my children (to wit), Lucinda OKelly, formerly Lucinda David;
Morasset David, Jr.: Jonathon David; William G. David; Sarah E. David; and Lucy
E. David. Executors: My wife Elizabeth David and my son William Griffeth David.
Signed: Morasset David. Witness: H. J. Long, H. S. Bradley, D. R. Moseley. Recd
11 Feb 1864.
Page 180 ~ Levi Wilder
26 Jan 1864
To my beloved wife
Lucy S. Wilder, with whom I have lived for thirty years, my boy Dennis about thirty
years old, one bed, bedstead and bed clothing, two cows & calves, a sow &
five pigs, my best bureau, one set knives & forks, one set of cups & saucers,
a set of plates and tumblers, one trunk, six chairs, one horse and buggy, one wash
pot and the cooking utensils, one washing tub, one water pail, one clock, also one
years provisions, one table, one bucket and washpan, two pitchers, one bowl
and looking glass. I give to my son in law William A. Christian in right of his
wife the sum of $250 in money. I desire that Julia A. H. Wilder have my boy Reuben
until the day of sale for his victuals and clothes. I desire that Van A. Rice have
my boy Tim until the day of sale for his victuals and clothes. My land and negores,
except Dennis, be sold to the highest bidder and that the proceeds be equally divided
between my wife and children. I desire that Van A. Rice sell in Athens all my ___
and divide the proceeds equally between my wife and children. Executors: Van A.
Rice and James Shoemaker. Signed: Levi Wilder. Witness: Charles H. Andrews, David
P. Freeman, Jerusha Cambell, Elizabeth L. J. Andrews. Recd 10 Feb 1864.
Page 182 ~ Luke R. Standerfer
17 Aug 1863
To my beloved
wife Mary A. Standerfer, all my estate during her natural life, and in case she
should not support as it is my will, she should sell off some part of my property
as she can best spare; and after her death, all my estate if any to be equally divided
among my brother Benjamin M. Standerfer, Alexander Morris and Mary Morris. Executrix:
Mary R. Standerfer.
Signed: Luke R. Standerfer. Witness: Alexander (x) Morris,
William (x) Bullock, Spilsby Trible. Recd 10 Feb 1864.
Page 183 ~ Little B. Shields
15 Aug 1863
Being about
to leave home and go in the Confederate service as a volunteer
to my beloved
wife Rhoda Shields, the balance of my estate after my debts have been paid, for
her natural life or widowhood. Should my beloved wife marry again, all my property
to be sold and my wife Rhoda to have one half of my estate. My wife Rhoda to have
one half of my entire estate either should she remain single or marry again. The
other half of my estate, I desire that my brother Stephen Shields have one fourth.
Wm. C. Shields three children, Wm. B. Shields, John N. Shields and Mary E.
Shields, to have one fourth of the above named half of my estate, to be equally
divided between them. Malissa A. Swindle to have one fourth of the above named half
during her lifetime or widowhood; at her marriage or death, to be equally divided
between her three children, George M. Swindle, A----- Swindle and Martha E. Swindle.
Sanford J. Shields children to have one fourth of the one half, after $100
is deducted and given to James H. Shields. The names of Sanford J. Shields
children: William Shields, Mary E. Shields, Ar--- Shields, Amand(a) Shields, &
Nancy Shields. Executor: My friend Wm. M. Smith. Signed: Little B. (x) Shields.
Witness: J. P. Fitzpatrick, T. A. Fitzpatrick, Nancy J. (x) Fitzpatrick. Recd
10 Feb 1864.
Page 185 ~ Morasset David, Jr.
8 Mar 1862
To my beloved
father and mother, Morasset David, Sr. and Elizabeth David, my negro boy John together
with all my other property both real and personal during their natural lives and
at their death my desire is that all my property be equally divided between my brothers
and sisters then in life (to wit) Lucinda OKelly, William G. David, Jonathon
S. David, and Lucy David, share and share alike. Executor: my father Morasset David,
Sr. Signed: Morasset David, Jr. Witness: H. L. Sanders, W. H. Griffeth, K. M. Strickland.
Recd 10 Feb 1864.
Page 186 ~ Robert K. Carruth
20 Aug 1863
To my mother
Elizabeth C. Carruth and my sisters Elizabeth A. Carruth, Margarett H. Carruth and
Sarah P. Carruth, my entire estate both real and personal to take effect immediately
after my death. At the death of my mother or any of my three sisters, my estate
to descend to those in life. Executrix: my sister Sarah P. Carruth. Executor: Rufus
M. Merony(?). Signed: Robt. K. Carruth. Witness: Baxter S. Rogers, Adkins Tabor,
A. L. Carruth. Recd 6 May 1864.
Page 187 ~ Abram Simmons
13 Jun 1864
My executor to sell
all my estate both real and personal in terms of the law for cash or credit. Should
my beloved wife Sarah Simmons be in life at that time, my executor to keep in his
hands enough of the proceeds to support her comfortably during her life and then
divide the remainder of the proceeds into seven equal shares and take himself one
of said shares for his share, and give to my daughter Louisa one share; and my daughter
Rebecca C. Fuller one share; and my daughter Alenana C. Canada one share; to Frinaliza
A. Carruth my daughter one share; to my deceased son Joseph Simmons four children
one of said shares; to my deceased son Harvy M. Simmons three children, one
of said shares. And in the event that my said wife should be dead at the time of
such sale, my executor shall divide the whole of the proceeds as before willed.
The one seventh part willed to my daughter Rebecca C. Fuller to be kept in the hands
of my executor in trust for my said daughter during her life and then divided among
her children, free from the control of her husband George Fuller. Executor: my son
Irby D. Simmons.
Signed: Abram (x) Simmons. Witness: Gabriel Nash, John R. Stovall,
Alex L. Carruth. Recd 5 Jul 1864.
Page 189 ~ Andrew H. Downs
8 Mar 1862
Going into the
Confederate service
to my two sisters which is living with me, Sarah Ann Downs
and Jane Downs, all my property to be equally divided between the two. And I put
all I leave in their hands for their own use & benefit as above directed, and
in case I do return from the war and wish to alter or revoke the above will can
do so at pleasure.
Signed: Andrew H. (x) Downs. Witness: R. M. Brown, Dread
Thornton, James P. McAlister. Recd 6 Aug 1864.
Page 190 ~ James P. Fitzpatrick
3 Nov 1862
Being about
to leave home and go in the Confederate service
To my beloved wife Nancy J.
Fitzpatrick, after my debts are paid, the balance of my property to have and hold
during her natural life, and after her death to be divided equally between all of
my children, to wit, Georgeann Fitzpatrick, a girl; Addison B. Fitzpatrick, a boy;
Henry L. A. Fitzpatrick, a boy; Nancy J. Fitzpatrick, a girl; James A. Fitzpatrick,
a boy; Mary F. Fitzpatrick, a girl; Elizabeth L. Fitzpatrick, a girl; Wm. B. M.
Fitzpatrick, a boy; Rhoda C. V. B. Fitzpatrick, a girl. Executor: my friend Reuben
F. McGinnis. Executrix: my wife Nancy J. Fitzpatrick. Signed: James P. Fitzpatrick.
Witness: Henry L. David, L. B. Sheilds, H. O. H. Perry. Recd 20 Aug 1864.
Page 192 ~ Webb Carter
22 Apr 1864
For the love and affection
I have for my beloved and affectionate wife Eliza Carter and Viny Calinder Stephens
formerly Carter, Correy Catharine Carter, Parthena Emiline Carter, Obadiah Pendleton
Carter; my wife Eliza Carter to keep my property together during her natural lifetime
or widowhood; in the event of my wifes second marriage, I desire that all
the property be equally divided between my beloved children. Signed: Webb (x) Carter.
Witness: B. G. Payne, A. Tabor, Priscilla Tabor. Recd 20 Aug 1864.
Page 193 ~ James Shoemaker
30 Apr 1864
To my beloved
wife Francis, all the property and money which she owned and possessed when I married
her, consisting of two beds & furniture, one clothes press, one large pot and
$500 in money which has been funded in Athens, Ga. Also to my wife during her lifetime
or widowhood, the tract of land where I now live, my young cows & calf, two
hogs, one lamb, one years provisions, all my castings, one cupboard and my cracking
ware, two tables, one spinning wheel, and leather enough to make one pair of shoes
and 100 pounds of cotton and $100 funded in Athens. In case my wife should marry
again, all the property mentioned above, except the cotton & leather, to be
sold and the proceeds equally divided between my two children. All my property not
heretofore disposed of be sold and the proceeds equally divided between my two children.
Executor: my trusty and esteemed friend Charles H. Andrews. Signed: James Shoemaker.
Witness: D. P. Freeman, Mary Freeman, E. L. J. Andrews, L. C. Andrews. Recd
6 Oct 1864.
Page 195 ~ William H. C. Porterfield
21 May 1864
My beloved
wife Sarah, and the children whom a divine providence has blessed us with, should
keep the land for a home until the youngest child should become of age, and then
to be equally divided among them. Executrix: my beloved wife Sarah.
Signed:
W. H. C. Porterfield. Witness: Henry Smith, John W. Porterfield, George W. (x) Lester.
Recd 6 Oct 1864
Page 196 ~ Lewis M. David
22 Sept 1864
To my dear brother
John M. David, two-thirds of my land. To my dear niece Elizabeth Meadows, two-thirds
of the remainder of my estate. And to my dear Georgia Ann David, all not disposed
of. Executor: my brother John M. David. Signed: Lewis M. (x) David. Witness:
R. W. Milner, John F. Groves, Isaac D. Vaughan. Recd 6 Oct 1864.
Page 197 ~ James Griffeth
15 Jun 1864
Being a volunteer
in the service of the Confederate States
to my wife Harlow Griffeth, all my
property to be hers during her life or widowhood, provided my son James N. Griffeth
does not marry. In case my wife or son should marry, then the property is to be
divided equally between the two. If at the death of my wife Harlow Griffeth my son
James N. Griffeth should be in life, then the property is to go to my son James
N. Griffeth. Signed: James Griffeth. Witness: Jacob B. Eberhart, Young A. Daniel,
Jas. A. Glower, Edwd. R. Eberhart. Recd 3 Nov 1864.
Page 198 ~ James M. Stephens
22 Apr 1864
For the love
and affection I have for my beloved wife Marilla R. Stephens, and Willis H. Stephens,
Robert T. Stephens, Mary E. Stephens, and Howel P. Stephens; my wife Marilla Stephens
to keep all the property together during her natural lifetime or widowhood except
what she may not need for the use of the family; as the children become of age,
my wife to give off to them such things as she may feel herself able to give them
so as to make them equal one with the other. Signed: James M. (x) Stephens. Witness:
B. G. Payne, Adkinson Tabor. Recd 9 Nov 1864.
Page 199 ~ Daniel Z. Wynn
8 May 1862
My entire estate
to my wife Lusidney Wynn for her life provided she does not marry again, but in
the event of her marriage or death one half of my estate to go to my brother &
four sisters share and share alike and the other half to rest in my wife Lusidney &
her heirs or go as she may by will direct. And should my wife have a child, then
the half left as above to my brother and sisters is to go to my said lawfully begotten
child. Being about to enter the service of the Confederate States of America as
a volunteer and being uncertain as to ever returning has induced me to make this
will. I hereby commend my soul to a merciful Creator through Christ who is my only
hope of Salvation, and my life to the protection of my country for whose rights &
independence I am willing to risk life & estate. Executor: my father Hezekiah
Wynn. Signed: Daniel Z. Wynn. Witness: J. R. Matthews, J. Strickland, L. C. Matthews.
Recd 9 Nov 1864.
Page 200 ~ Alexander G. Bullock
10 Aug 1860
My wife Milly
Bullock and my daughter Frances Bullock shall have jointly during their natural
lives the tract of land whereon I now live and one negro woman named Coraline, and
all my household and kitchen furniture, but in the event that either of them should
die, then I wish what I have given them to be divided with the remaining one and
my son Alexander G. Bullock and my daughter Elizabeth Lester and at the death of
both, my two last named children to have what they shall have. My money and notes
to be equally divided amongst my wife Milly Bullock, my daughter Frances Bullock,
Elizabeth Lester, and my son Alexander G. Bullock. Having gave all my estate to
my wife and the three above named children, my reason for so doing is that I have
given off to my other children a great deal more than I can give those mentioned
in this will and I desire to make them all as near equal as I can. Executor: my
son Alexander G. Bullock. Signed: Alexander G. (x) Bullock. Witness: Spilsby Trible,
Sherman J. Sims, Jeptha R. Meaders. Recd 9 Nov 1864.
Will Book B Part Two Pages 201-412