Madison County Will Book A
1813-1841

Index to Testators

Page Surname Given Name Date Signed Date Recorded

52

AARON

Daniel

1809

13 Nov 1832

104

ALLEN

Fanny

6 Jan 1840

11 Jan 1840

54

ARNOLD

William P.

23 Nov 1832

9 Jan 1833

42

BERRYMAN

Charles

8 Aug 1827

25 Jan 1832

48

BIRD

James

9 Jan 1832

12 Sept 1832

39

BIRD

Lee

5 May 1828

1 Sept 1828

70

BULLOCK

John G.

6 Jun 1826

9 Jul 1835

76

BURROUGHS

Rozel

18 Oct 1835

24 Nov 1835

31

CHRISTIAN

Edward L.

19 Feb 1825

5 Sept 1825

63

CLEMENTS

Sarah Meek

23 Sept 1833

Jan 1834

78

COLBERT

Philip P.

22 Dec 1835

5 Jan 1836

81

COLIE

James

11 Jul 1834

6 Jul 1836

113

DAVID

Isaac

2 Oct 1839

11 May 1840

15

DAVID

William

Sept 1822

12 Nov 1822

6

GARDNER

Thomas

2 Jun 1815

4 Sept 1815

25

GHOLSTON

Dabney

10 Jun 1824

23 Mar 1825

66

GRAHAM

James

20 Aug 1834

6 Nov 1834

91

GRAHAM

William

15 Jan 1838

16 Mar 1838

93

GRIFFETH

Robert

15 May 1838

4 Jul 1838

20

GRIMES

Thomas M.

22 Oct 1822

12 Nov 1822

22

HALL

Jeremiah

20 Mar 1824

7 Jul 1824

120

HODGE

Ann

2 May 1840

21 Sept 1840

86

HODGE

William

10 Oct 1836

17 Jan 1837

50

HOPKINS

Josiah

10 Oct 1829

13 Nov 1832

122

HUMPHREY

John

21 Nov 1840

23 Jan 1841

15

LONG

Samuel

3 Jul 1822

2 Sept 1822

89

MANNIN

Henry

20 May 1837

5 Sept 1837

35

McELRATH

Jacob

10 Apr 1826

1 Jan 1827

3

MILLICAN

Charles

5 Feb 1818

16 Mar 1818

4

MILLICAN

John

20 Feb 1818

16 Mar 1818

61

MONTGOMERY

John

27 Jul 1832

19 Mar 1833

11

O'KELLY

Thomas

18 Jul 1818

5 Oct 1818

118

POWER

David

17 Jun 1840

7 Sept 1840

98

POWER

James

23 Oct 1838

12 Jan 1839

68

POWER

William

31 Dec 1834

14 Jan 1835

8

POWERS

Francis

23 Nov 1793

3 Aug 1818

36

SHIELDS

Littleberry

5 Dec 1827

7 Jan 1828

83

SIMMONS

Harvy M.

22 Jun 1836

3 Nov 1836

13

SIMMONS

William

2 Sept 1820

24 Mar 1821

58

SIMS

Charles

4 Jul 1832

12 Jan 1833

72

SMITH

Stephen

20 May 1835

5 Nov 1835

29

SMITH

William

10 Mar 1825

8 Jul 1825

2

STOKES

Sarah

28 Nov 1812

25 Mar 1815

40

STRICKLAND

Tolbert

8 Aug 1828

12 Sept 1828

1

THOMPSON

John

29 Oct 1811

12 Mar 1813

95

WARE

Edward

8 Dec 1837

4 Dec 1838

106

WILHITE

John

6 Jan 1840

11 Jan 1840

38

WILLIFORD

Lucy

5 Nov 1827

5 Sept 1828

101

WOODS

Robert

4 Oct 1838

13 Nov 1839


Will Abstracts

Page 1 ~ John Thompson
29 Oct 1811
To my younger brother William Thompson, my part (which is the half) of the land on which we now live, consisting of Mills, Distillery & Cotton Machine, Waggon & Harness. Balance of property consisting of 4 Negroes, lands, stock, household and Kitchen furniture to be divided equally between my brothers and sisters, Viz: James Thompson, Sarah Robbinson, Ruth Strickland, Alexander Thompson, Esther Langford, Robert Thompson, & William Thompson. Exec: Alexander and William Thompson. Signed: John Thompson. Witness: John Mayes, James Ramsey. Rec'd: 12 Mar 1813. William Sanders, CCO.

Page 2 ~ Sarah Stokes
28 Nov 1812
To my son William M. Stokes, my writing desk. To my daughter Martha Scot, a young gray mare. To my Granddaughter Sarah Scot, a new feather bed & furniture. To my daughter Martha Scot, my riding chair and harness. To my five daughters, to wit, Elizabeth, Sarah, Peggy, Jane and Martha, 303 acres in Madison Co. joining the tract I now live on. Exec: My son William M. Stokes. Signed: Sarah Stokes. Witness: Groves Howard, Sarah Beggs Wails, John McCurdy, J.P. Rec'd: 25 Mar 1815, William Mironey, C.C.O.

Page 3 ~ Charles Millican
5 Feb 1818
To my son William Millican, 50 acres adj. Land where John Moon lives. All the rest of my estate to remain together for the use of my wife Mary Ann Millican and all my children. Exec: my father Andrew Millican and John Millican, Sr. Extx: My wife Mary Ann Millican, all of Madison Co. Signed: Charles (x) Millican. Witness: Samuel Groves, James Millican, Lewis Millican. Rec'd: 16 Mar 1818 William Mironey C.C.O.

Page 4 ~ John Millican
20 Feb 1818
To my son William Millican, one Negro boy named Anthony. To my son James Millican, one Negro boy named Lewis. To my son John Millican, one Negro boy named Ci when he arrives at age. To my son Andrew Millican, one Negro girl named Patsey. To my daughter Sarah Millican, one Negro girl named Nance to have the use of during her natural life; should my daughter Sarah die without an heir, the said Nance and her increase to be equally divided between all my daughters. Should my daughter Sarah have a child or children, the said Nance & her increase to be divided equally among them at the death of the said Sarah and my other daughters. To my daughter Ann Millican one feather bed & furniture and one cow & calf. To Sarah Millican one feather bed & furniture and one cow & calf. To my son James Millican, my young mare. James to give my son Andrew as good a mare when said Andrew comes of age. To John Millican, my colt & saddle. To my wife Dilla Millican, the use of one Negro woman named May and Lucy and Mary her children, and use of plantation where I now live, the stock of horses, cattle & hogs, household kitchen & furniture and plantation tools, during her natural life or until my youngest daughter Carrenhappuk arrives to age. Then all property to be sold and divided equally between my wife Dilla and all my daughters, Jenny Cockran, Mary Ann Millican, Rebecca Scott, Sarah Millican, Ann Millican, Betsey Smith Millican, Dilla Hatsfield Millican and Nancy Hemphill Millican and Carranhappuk Millican. My Negro woman Addeline to be sold. Balance of money and together with my part of the money arrising from the sale of the plantation belonging to the estate of Brinkley House, dec’d, for the use of the family. Extrx: Dilla Millican. Exec: James Millican my son, Andrew Millican. Signed: John Millican. Witness: Wm. Cleghorn, Robert (x) Millican. Rec'd: 16 Mar 1818, William 15 Mironey, C.C.O.

Page 6 ~ Thomas Gardner
2 Jun 1815
Thomas Gardner of Knox Co, Indianna Territory, appoint my trusty friend and brother Joseph Gardner of the county aforesaid my true & lawful attorney, to recover from James Hendricks of Jackson Co, GA all that share or part of my deceased brother’s estate. Signed: Thomas Gardner. Witness: Jos. Drennin, George Chambers. Rec'd: 4 Sept 1815, William Mironey, C.C.O.

Page 8 ~ Francis Powers
23 Nov 1793
Elbert County, GA:  Lend to my wife Elizabeth Powers, use of all my property except the legacies hereunder mentioned as given to my son William Powers and to my daughter Elizabeth Wood. Also lend her use of the plantation on which I now live, with use of 200 acres on Fork Creek. At the end of her natural life or widowhood, to be disposed of as hereunder mentioned. Wife to raise and educate children. My son William Powers shall have one Gelding called Smaker and one man’s saddle, the appraisal sum to be deducted from his equal share of estate. To my daughter Elizabeth Wood, one feather bed & furniture, one cow which she claims as her own, one cow which I purchased of Samuel Patton, and their calves if any, appraisal sum to be deducted from her equal share of estate at final division. At the death or marriage of my wife, all my children to have an equal share of my estate as the marry or reach the age of twenty one. Extrx: My wife Elizabeth Powers. Exec: My son William Powers and my son-in-law James Woods and William Stokes of Elbert County. Signed: Francis (P) Powers. Witness: Joseph Albert, Robt. Cawder, John Watterson. Rec'd. 3 Aug 1818. William Mironey, C.C.O.

Page 11 ~ Thomas O’Kelly
18 Jul 1818
To my wife Elizabeth, all my lands, houses, household & kitchen furniture, one black mare, two choice cows and calves, one saw and seven shoals, four barrows and the plantation during her natural life or widowhood, then the whole (if she marries) to be sold and divided equally between her and all the children, and if she dies, the whole to be sold and divided equally amongst my children, Francis O’Kelly, Ann, Polly, Thomas D., James, Sarah, William, Nancy, Radney, and John P. O’Kelly. One black colt, one cow & calf, one heifer, one shot gun, two saws, half the flock of sheep and one man’s saddle to sold and money equally divided amongst my wife and above named children. To my son John P., the colt that the black mare is with fold with at this time if she brings it, above his equal share with the rest of my children. Exec: My two sons Thomas D. O’Kelly and James O’Kelly. Signed: Thos (x) O’Kelly. Witness: James Garnett, John Murry, Dean (x) Tucker. Rec'd: 5 Oct 1818, William Mironey C.C.O.

Page 13 ~ William Simmons
2 Sept 1820
To my wife Patsey Simmons and my eldest son John Simmons, the tract of land where I now live containing 340 acres which I purchased from Jacob Burton Sr. and Volentine Brarel. At the death or marriage of my wife, the said land to belong to my son John Simmons until his death, then equally divided amongst my other heirs. Child’s share to my wife if she marries. The rest of my estate to be equally divided between my other 10 children; Thomas Simmons, Reuben Simmons, Charles Simmons, William Simmons, Jr., James Simmons, Elizabeth Miller wife of William Miller, Sally Ford wife of William Ford, Nancy Catlet wife of Alsey Catlet, Polly Simmons and Patsey Simmons. From the share of Elizabeth Miller to be deducted $96; share of Sally Ford to be deducted $96, share of Thomas Simmons deducted $100, share of Reuben Simmons deducted $125, share of Nancy Catlet deducted $65. Extrx: My wife Patsey Simmons, Exec: William Miller, Edward L. Christian, James Jones. Signed: William Simmons. Witness: James Sewell, Nicholas Sewell, James Long. Rec'd: 24 Mar 1821, William Mironey, C.C.O.

Page 15 ~ Samuel Long
3 Jul 1822
My wife Ann Long to have in care and possession during her natural life all my property. My daughters Mary Long and Ann Long, should they marry or leave the family, to have one bed and bedsted and furniture that belongs to them, one cow and calf each, and their saddles. To my son James Long, $100. To my son Thomas Long, my Still and Vessels and $20. To my son Samuel Long, my large Bible and $10. To my daughter Jane Woods, $20 and a black silk dress. The remainder to be equally divided with my two daughters Mary Long and Ann Long. Extx: My wife Ann Long. Exec: My sons James and Thomas Long. Signed: Samuel Long. Witness: John McCurdy, Elizabeth McCurdy, Saml Groves. Rec'd: 2 Sept 1822, William Mironey, C.C.O.

Page 15 ~ William David
Sept 1822
My wife Lucy David to keep possession of my estate during her natural life or widowhood for the support of herself and the children and the schooling of the children. To my daughter Elizabeth David, one Negro girl named Peggy, one horse, one cow & calf, one sow & pigs, one ewe & lamb, one feather bed and also one tract of land whereon Morasett David now lives containing 113 acres. The above has already been delivered to her. Also to have one Saddle and Bridle. To my daughter Mary Patton, one bay mare which she has already received. One Negro girl named Mary, one tract of land known as the Pearson Tract containing 144 acres. One feather bed, one cow & calf, one sow & pigs, one ewe and lamb, one saddle and bridle. To my daughter Sarah David, One Negro girl named Melinda, one other negro of equal value or be paid $400. Should said Melinda die before Sarah marries or comes of legal age, another negro of equal value. Also my Spotted filly, one feather bed, one cow & calf, one sow & pigs, one ewe & lamb, one saddle and bridle. When either of my other children marry or become of age, to have part of my estate not exceeding the part of the above named children. Child’s share to my wife if she marries. Exec: My wife Lucy David. My friend Francis P. Eberhart. Signed: William (x) David. Witness: George Eberhart, David Graham, Jonathon Sanders. Rec'd: 12 Nov 1822, William Sanders, C.C.O.

Page 20 ~ Thomas M. Grimes
22 Oct 1822
My estate to be kept together during the natural life of my wife Anny Grimes, then equally divided amongst my four children, Elizabeth Grimes, John P. Grimes, Martha Grimes, Susan R. Grimes. Child’s share to wife if she marries. My son John P. Grimes to have my Rifle gun and accutrements. Extx: My wife Anny Grimes. Exec: Jesse Power and James Power. Signed: Thomas M. Grimes. Witness: Saml Groves, David Power, Gabriel Grimes. Rec'd: 12 Nov 1822, William Sanders, C.C.O.

Page 22 ~ Jeremiah Hall
20 Mar 1824
To my son William Hall, one negro boy Gilbert, one young horse called Pady and his saddle. To my sons John Hall, Robert Pendleton Hall and Jeremiah Thomas Hall, one negro girl named Mary with her increase to be equally divided when Jeremiah T. Hall arrives at age 21, until which time she shall remain and work for the support of the family. Wife Nancy shall live on plantation where I now live and have it cultivated and hold in her possession all stock and household & kitchen furniture, farming utensils and waggon for the support and education of my children, except as my daughters marry or leave the family they are to have one bed and furniture and one cow and calf equal to those already married, which estate she shall hold during her natural life or widowhood, at which time the balance to be sold and equally divided amongst my daughters except a deduction of $55 off my daughter Elizabeth Meed’s part which she has already received in a horse. My daughters, to wit: Elizabeth Meed, Mary King, Patience House, Sarah Hall, Nancy Hall, Hannah Simms Hall, Rachel Hall, Dicy Hall, Vicy Hall. If wife Nancy remarries, she shall receive an equal portion with my daughters. Exec: My wife Nancy Hall, my son William Hall, both of Madison County. Signed: Jeremiah Hall. Witness: Samuel Groves, James Vineyard, Jr., Rachel Groves. Rec'd: 7 Jul 1824.

Page 25 ~ Dabney Gholston
10 June 1824
To my son Zachariah Gholston, my negro man named Leroy, a horse, saddle & bridle, a bed & furniture, the whole of which he has already received, also $10 to be paid from the estate. Also I place in the hands of my son Zachariah, one negro woman named Jane and her child named Serreny to be held by him during the life of my daughter Nancy Sisson, the proceeds arising from their hire for the support of Nancy & her children. Nancy to have no right to said property during her natural life but only the proceeds arising from the hire of said property, which she may have a right to demand from said Zachariah. If Zachariah should mismanage said property, then my daughter Nancy Sisson shall apply to the court of ordinary of Madison County, which court shall take possession of slaves and appoint another person to manage the slaves as herein before proscribed. At the death of my daughter Nancy Sisson, the slaves to be equally divided or sold provided her eldest child be of lawful age, and the proceeds equally divided amongst all the children of Nancy Sisson as they come of age. Should Nancy’s eldest child not be of lawful age at the time of her death, then slaves to be hired out until the eldest child comes of age. Zachariah Gholston shall be held liable to the court at the death of my daughter Nancy Sisson to make just and true returns. The Slaves in no case to be sold until after the death of Nancy Sisson. To my son Benjamin Gholston, my negro man Peter and a horse, a bed & furniture, and other articles too tedious to mention which he has already received, also $10 to be paid by the estate. My desire is after my decease, my son Nathaniel Gholston take charge & care of my five youngest children, namely John, Richard, Harlow and William [sic], to be well educated, victualled and clothed, for which purpose I leave $100 for the use of my son John, $200 for the use of my son Richard, $150 for the use of my daughter Harlow, $250 for the use of my son James, $300 for the use of my son William. The whole of my property both real & personal, all stock & house & kitchen furniture with plantation tools to be equally divided amongst my six children, namely Nathaniel, John, Richard, Harlow, James, William. To my daughter Elizabeth Strickland, my negro woman Betty & her child Sarah, also other property which she has already received. Also $100 above which I have already given. To my son Leonard Gholston, my negro Cheney & her increase, a horse, bed & furniture, and other property which he has already received. Also a note of hand which I have on him for $300 with interest, I give to him. Also my daughter Nancy Sisson to be paid $10. To Miss Sarah Carrington, for attendance to me during my sickness and service to my family, $300. Exec: my son Nathaniel Gholston. Signed: Dabney Gholston. Witness: J.H. Pryor, M.T. Wilhite, John McLeroy.
13 June 1824: Before assigned the $100 to my daughter Elizabeth Strickland; I countermand, say it may not be done, knowing that I have already given her more than her proportional share. She may have $10. Neither do I conceive that Benjamin Gholston has any right to more of my estate than what was mentioned. Also Zachariah Gholston has already received his proportional share and has no claim to more than what is within mentioned. Also Nancy Sisson I consider the same. Rec'd: 23 Mar 1825

Page 29 ~ William Smith
20 Mar 1825
To my wife Patsy Smith, one bed (her choice) and furniture, one wheel and cards, the blue chest and one chair with $100 cash. To my sons and daughter (to wit), Shadrack Smith, Sally Strauder, David Smith, Henry Smith, to the heirs of the body of Elizabeth Bowman, dec’d, William Smith, Jr., and Samuel Smith, all the rest of my estate to be equally divided among them except one dollar to my daughter Polly Philips. Also to my wife Patsy Smith, one pot, oven, baker, two pewter casons, three plats, one dish (her choice) also a choice of a cow & calf and as much corn & meat as will make a sufficient support, knives, forks & spoons, one pail, washing tub, one bed stead & one table, and all that I have willed her at her death to be equally divided amongst my children. Exec: my sons David Smith and William Smith, Jr. Signed: William (x) Smith. Witness: Thomas Staples, Amos Staples, Benjamin F. (x) Morris, John (x) Shadden. Rec'd: 8 Jul 1825, William Sanders, C.C.O.

Page 31 ~ Edward L. Christian
19 Feb 1825
To my wife Nancy Christian, one negro man named Joseph, one man known as Dove, one saddle, featherbed and furniture, one tract of land lying on he west side of Lamar’s Creel containing 300 acres including the plantation where I now live, adj. Morgan’s line & Rufsom’s line, during her natural life or widowhood and then to belong to my son William A. Christian. All my heirs that are not of age to have benefit of the farm until they become of age. Also to my wife, 300 acres known as Holland Place, with the land I hold on the west side of the big road commonly called Jones Road. Also to my wife, 2 cows & calves, and 2 Earlings. To my daughter Maria W. Simmons, one negro girl named Cloe, 300 acres of land beginning at the old still place, adj. Garrett’s line, Whitworth’s line & Isaac Strickland. To my daughter Nancy M. Christian, two negors, Monica and her child Joel, one horse known by the name Dunggannon, one bridle, saddle, featherbed & furniture, and stand of curtains, one 2nd quality cow & calf, 300 acres of land adj. Morgan’s line, Samuel Whitworth, Garrett’s old line, & Maria Simmons. To my son George M. Christian, two negroes, Daniel & Venice, one horse named Selow, one saddle, bridle, rifle gun, and shot bag, and all the land on the east side of the creek and the Shewmaker tract. To my daughter Peggy M. Christian, two negroes, to wit, Jacob & Rhoda, one horse, Creature, bridle & saddle, to the value of $100, one curtain bed & furniture, one 2nd quality cow & calf, and if the above named children, to wit, Nancy M. Christian, George M. Christian & Peggy M. Christian should die without heirs before they become of age, their part to revert back to their full brother or sisters, being equally divided among them. To my four youngest children, to wit, Patsy C. Christian, Mary L. Christian, William A. Christian and Rebecha H. Christian, four negroes, to wit, Nice and her 3 children, Coleman, Delany & Sampson, to be equally divided among the above 4 children when Patsy C. Christian becomes of age. If any of the above 4 mentioned children die before they come of age, their part to revert back to their full brother & sisters. Moses & Daphna, two negroes, to work for family until Patsy C. Christian comes of age, then to be sold and divided among my four youngest children. All my horses, cattle, hogs, sheep, household & kitchen furniture, plantation tools, cart, oxen waggon & harness, wheat fan, and blacksmith tools to remain on plantation for use of my family. The Manufactured tobacco on hand to be hauled off by my brother George A. Christian and sold. The medicine and medical apparatus, one tract of land in Monroe County, one in Earley, one in Madison known as the Whitworth Place, all to be sold at discretion of my executors. Also to my daughter Maria Simmons, $250 to purchase a negro for my grandson Edward L. Simmons. This $250 shall be in full of the said Maria Simmon’s legacy of my estate. All legacty that are underage to remain in plantation where I now live until they become of age. Exec: Isaac Strickland, James Jones, and George M. Christian when he becomes of age. Signed: Edward L. Christian. Witness: C. Christian, Jacob Strickland, George A. Strickland. Rec'd: 5 Sept 1825. William Sanders, C.C.O.

Page 35 ~ Jacob McElrath
10 Apr 1826
To my wife Katharine McElrath, one dark bay mare about 8 years old and one feather bed & furniture. I have given my daughter Elizabeth Hogmorter one featherbed & furniture which is all I intend for her. I have given my son Joseph McElrath two cows & calfs, one rifle gun, one feather bed & furniture which is what I intend for him. I have given my son James H. McElrath 1 bay mare which is what I intend for him. I leave my son David McElrath $2.00. To my three children Martha, John and Thomas McElrath, I leave one negro girl by the name of Franky, and two feather beds & the balance of my share of my father’s estate to be equally divided between the three, to wit, Marthy, John and Thomas McElrath after educating and rearing them on it. I leave to my daughter Mary McElrath and my son Andrew McElrath $2.00 for each of them. Exec: my friend George Eberhart. Signed: Jacob McElrath. Witness: Loved Moore, Robert Eberhart. Rec'd: 1 Jan 1827, William Sanders, C.C.O.

Page 36 ~ Littleberry Shields
3 Dec 1827
To my wife Susannah Shields, tract of land on where I now live containing 250 1/2 acres, four negroes, James, Rachel, Ginny, Charles, two horses, one sorrell, one bay, all my stock of cattle, hogs, & sheep, all my crop of corn & fodder, all my working tools, household & kitchen furniture, on Jersey wagon, one yoke of steers of the largest, one ox cart, my wife to have during her natural life or widowhood. If wife marries, all property to be wold & divided equally between her and my three daughters. I give unto my four grandsons of William Shields 301 acres of land lying on Blacks Creek granted to Gilbert & Harden. My son William Shields may love on the above land if he will until his sons come of age, that is to say Madison, Green, Littlberry and Stephen Sheilds. One sorrel mare and the best yoke of oxen and cart to be sold and the money equally divided between all my children. Exex: my wife Suannah Shields, Richard Chandler. Signed: Littleberry (x) Shields. Witness: John Martin, Nathaniel Hix, David Hix. Rec'd: 7 Jan 1828, William Sanders, C.C.O.

Page 38 ~ Lucy Williford
3 Nov 1827
To my son Willis Wright, one lot of land drawn by me in the late land lottery, the no. of the lot nor district not recollected in Lee County, also all my household an kitchen furniture with all that I have or ever shall have on earth as property. Exec: my son Willis Wright. Signed: Lucy (x) Williford. Witnes: Michal Buff, Wm. (x) Brown, Wm. L. Griffith, James Graham. Rec'd: 5 Sept 1828, William Sanders, C.C.O.

Page 39 ~ Lee Bird
5 May 1828
My estate of every description be equally divided between my wife Sarah and my infant daughter Francis Elizabeth. All my estate to remain in the possession of my wife during her widowhood or until my daughter arrive at lawful age. In the event of the death of my daughter in unage or that she depart this life with foul of body, her portion of my estate to be equally divided between my wife and my brother Wilson Bird. Exec: my wife Sarah Bird, my father James Bird, my brother Wilson Bird. Signed: Lee Bird. Witness: George Eberhart, Sam’l Higginbothem, Wm L. Griffith. Rec'd: 1 Sept 1828, William Sanders, C.C.O.

Page 40 ~ Tolbert Strickland
8 Aug 1828
To my mother for her care and affection to me, all the right & title I have to a certain negro boy Sam, mortgaged by me to Robert Groves for the payment of $300, my mother to have the use of said Sam until he shall have been redeemed, then the money for which he is mortgaged, until her death, at which time the negro, if not redeemed, or the money, if redeemed, to my two brothers, Hardy Strickland and Jacob Strickland. To my nephew, Tolbert Strickland, and John Strickland, and neice Lucy Tolbert Stamps, to each a saddle of the value of $15 whenever they marry and not otherwise. To my niece Louisa W. Stamps, my new curtain bedstead. To my brothers Hardy Strickland and Jacob Strickland, all my other property to be equally divided between them or their heirs. Exec: my brother Jacob Strickland and Britton Stamps. As above: to my nephew Hardy Thurmon Sanders, and niece Eliza Sanders, Sally Ann E. Sanders, & Mary W. Sanders, $15.00 each. Signed: Tolbert (x) Strickland. Witness: Willson Strickland, Kinchen (x) Strickland, James Eberhart. Rec'd: 12 Sept 1828, William Sanders, C.C.O.

Page 42 ~ Charles Berryman
8 Aug 1827
To my wife Nancy Berryman, one horse & saddle & bridle, one bed & furniture, the house in which I live and one third of the land for and during her natural life. At her death, the house & lands to go to my son Charles Taber Berryman. The other two thirds of the land to my son Charles Taber Berryman when he arrives at the age of 21 or marries. If my wife and son Charles can agree to live together, it is my will that they should enjoy the houses and lands jointly. The balance of my real estate to be equally divided between my following children, to wit; Rutha T. Berryman, Frankey Pen Berryman, Wilson Penn Berryman, Nancy S. Berryman, Robert Washington Berryman, Betsey Caroline Berryman, Anna Manning Berryman. The following negroes to be divided equally between my eight above named children; Sall, Dick, Joshua, Cincin, Peter Edward, Harriett & Mary. If any of my children die without lawful issue, their share to be equally divided between the rest of my children her named. To my son Maxamillion Robertson Smith, $100 in money or property if called on by my said last mentioned son, but not to an Exr., Admr. or legatee of the said Maxamillion R. To my daughter Molly Tolioferro Bragg, wife of George Bragg, $2.00, and to have no other part of my estate. It is my will that my property remain together until my youngest child becomes of age, or as any of them comes of age or marries give them their equal share. My children to have a good english education Exec: Benajah Houston of Elbert Co., my wife Nancy Berryman, Charles Taber Berryman. A cow and calf and sow & pigs to my wife Nancy. Signed: Charles (x) Berryman. Witness: Job Weston, James Edwards, T. Speed.
Codicil, 25 Sept 1828: To my son Wilson P. Berryman, a good horse saddle & bridle, & suit of clothes, over and above his distributive share. My wife Nancy to keep a certain negro woman, Sall, during her natural life or widowhood. Silvy, a girl born since the making of this will, to be considered in the division of the negroes. To my daughter Rutha Toliver Berryman, a negro girl named Hariett, over & above her distributive share. William Houston to be executor with the rest. Signed: Charles (x) Berryman. Witness: Thomas C. Wilhite, John W. Carter, B. Houston.
Codicil, 16 Nov 1830: The negro girl Harriett which I gave to my daughter Ruth Toliver Berryman, over & above her share, I now revoke. The negro may remain with her as part of her share. Signed: Charles (x) Berryman. Witness: Terrell Speed, William W. Griffin, Job Weston. Rec'd: 25 Jan 1832, William Sanders, C.C.O.

Page 48 ~ James Bird
9 Jan 1832
Appoint my wife Milly Bird, my son James W. Bird, and my son Job Bird executors. My estate to be kept together till the death of my wife Milly Bird. At the death of my wife, my son Wilson J. Bird to have my negro man George. My daughter Elizabeth F. Bird to have my negro woman Mary and her increase. If my daughter dies without heir, Mary and her increase to be equally divided between her brothers, Wilson J. Bird, James W. Bird and Job Bird. My son James W. Bird to have my negro man Willis. My son Job Bird to have my negro man Washington. Land to be divided equally between James W. Bird and Job Bird, and that it should be a home for Elizabeth F. Bird as long as she lives single. Stock divided among James, Job & Elizabeth. Any of them may have my negro woman Violet, by paying my granddaughter Francis E. Bird $50 or a good $50 horse. Signed: James Bird. Witness: William Sanders, James Ware, Isaac N. Culbertson. Rec'd: 12 Sept 1832, William Sanders, C.C.O.

Page 50 ~ Josiah Hopkins
10 Oct 1829
To my wife Anne Hopkins, all my estate real & personal, except a tract of land in Franklin County, during her natural life or widowhood. If wife marries, then to have an equal share with the children. The tract of land in Franklin County to be sold at any time my executors think best for the legatey and to be equally divided between my children, to wit, John Hopkins, Josiah Hopkins, Lemuel Hopkins, Sarah Hopkins, Bersheba Hopkins, Elizabeth Hopkins, Matilda Hopkins. At the death of my wife Anne Hopkins, or widowhood, the whole of property to be sold and divided as follows. To Josiah Hopkins, Lemuel Hopkins, Sarah Hopkins, Bersheba Hopkins, Elizabeth Hopkins and Matilda Hopkins, each the sum of $100. To Jackson P. Hopkins, Juliann Hopkins, & Oliver P. Hopkins, each the sum of $20. The balance to be equally divided between my children John Hopkins, Josiah Hopkins, Lemuel Hopkins, Sarah Hopkins, Barsheba Hopkins, Elizabeth Hopkins and Matilda Hopkins. Exec: Josiah Hopkins, Lemuel Hopkins. Signed: Josiah Hopkins. Witness: John B. Chappel, Hardy T. Sanders, James Long. Rec'd: 13 Nov 1832, William Sanders, C.C.O.

Page 52 ~ Daniel Aaron
1809
Georgia, Franklin County: To my wife Mary Aaron, all my estate, goods & chattels as long as she continues unmarried, but if she will marry, she is to have no part. Exec: My wife Mary and my brother Jesse Aaron. Signed: David A. Aaron. Witness: James (x) Vaughten, Matthew Allen, Alexr Smith. Rec'd: 13 Nov 1832, William Sanders, C.C.O.

Page 54 ~ William P. Arnold
23 Nov 1832
To my wife Elizabeth Arnold, 10 negroes of her choice, 8 horses, 2 yoke of oxen, 15 head of cattle, sixty head of hogs, & provisions for one year, the household & kitchen furniture, & plantation tools, my stock of sheep. Also the part of my land usually called the Marks Tract. At the death of my wife, the same to be equally divided between the whole of my children. My executors to sell the residue of my land, and any that I may hereafter draw in the Lottery, and that money, as well as that due me by notebook account, and the whole of my negroes except Anderson and the 10 left my wife, be divided into as many parts as I have children. Each child now of age to draw by lot one equal dividend, first deducting the sum advanced to them according to charges made by me in a book kept against my said children and this day shown to the witnesses of this will. That money, and the property coming to Lucinda Coxe, to be equally divided, one half belong to her and the other to her son William James Coxe. Other children to be schooled and receive their share as they marry or become of age. To my son Charles, on account of his being weakly, one negro Anderson, over & above his portion, to be kept with my other negroes on the plantation till my son arrives at the age of 21. It is my express will that should my son Samuel intermarry with the daughter of James Carrithers, now of this county, that he forfeit all interest in my estate. Exec: my 3 sons, Park E. Arnold, Samuel O. Arnold, & George Washington Arnold. It is my express will & desire that should my son Samuel O. intermarry with Adeline Carithers, or any other daughter of the said James Carithers, now of this county, that he be dismissed by the court from said executorship. Signed: Wm. P. Arnold. Witness: Elizabeth Smith, James Starling, Wm. Webb, Jos. Henry Lumkin. Rec'd: 9 Jan 1833, William Sanders, C.C.O.

Page 58 ~ Charles Sims
4 Jul 1832
Should I be fortunate to benefit by drawing in either of the contemplated Land or Gold Lotteries, lots to be sold and equally divided between all of my children, to wit; Richard R., Cullin, Burkley, Orsburn, Clary Hamblet, Ora Wiley, Polly Sanders, & Orpa Sanders (children of my first wife), Wiley Henry, Charles Bennett & Ritter Aditha, the last three named children of my present wife. Clary Hamblett to have her part wholly for the support & benefit of herself and her daughter Martha Ann. Should her husband John Hamblett (who has long since left her) ever return, he should not receive or be benefited by it in any manner. The property which I now possess, to my wife Nancy and my 3 last named children, Wiley H., Charles B. and Ritter Aditha, for wife’s natural life or widowhood, then to be divided equally among last 3 children. Should wife remarry, she may keep that which she had when we were married. Exec: my son Richard Ransom Sims and my wife Nancy Sims. Signed: Charles Sims. Witness: Stephen Gunnells, Willis Gunnells, William Sanders. Rec'd: 12 Jan 1833 William Sanders, C.C.O.

Page 61 ~ John Montgomery
27 Jul 1832
Estate to be left in the hands of my wife Martha until my son John becomes of lawful age and then he be boarded and schooled. Whereas I have already given my daughter Caroline Bird, formerly Caroline Montgomery, one tract of land adjoining James Long, and 2 negroes, Wilson & Louisa; and whereas I have drawn a tract of land originally in Houston County which I authorize my executors to sell, and out of this money, 1/3 to be paid to my daughter Caroline, the other 2/3 to be kept with my estate. When my son John arrives at the age of 21, the whole of my estate to be divided equally between him and my wife Martha. Exec: wife Martha Montgomery, Wilson Bird. Signed: John Montgomery. Witness: James Long, James Caruth, Joel Eckles. Rec'd: 19 Mar 1833, William Sanders, C.C.O.

Page 63 ~ Sarah Meek Clements
23 Sept 1833
My Negro woman Nelly to be sold to Lucy David, provided the said Lucy David is willing to give $450 for the said Nelly, so that she may go with her husband. One half of my estate to be put into the hands of my friend Thomas Long, who I appoint Trustee, for the support of my daughter Mary Jane Witcher and her children during her natural life, and at her death to be divided between her children. A good rock wall to be built around the grave where I may be buried, and also around the grave of my late husband, Charles Clements, deceased. An equal share of the remaining property to my daughter Harriett Wails Graham. Exec: My friend Thomas Long. Signed: Sarah Meek Clements. Witness: Jona. Sanders, John C. Dansby, George Eberhart, Wm. Webb. Rec'd: Jan 1834, William Sanders, C.C.O.

Page 66 ~ James Graham
20 Aug 1834
My wife Harriett to keep all my property for the support of herself and children, and to school the children. If my wife should marry, she is to have an equal share with my children. My children, as they marry or become of age, to draw an equal share, putting all on the same footing. My executrix and executor to settle up the affairs of the estate of Sarah M. Clements, deceased, so far as I am bound to do. [No signature] Witness: Willis Willingham, Jonathon Sanders, Noble (x) Clements. [Witnesses attested that James Graham had drawn his will in their presence, that he had agreed to its conformity with his wished; that he had stopped to rest before signing his name, but was never afterwards able to sign it]. Rec’d 6 Nov 1834, William Sanders, C.C.O.

Page 68 ~ William Power
31 Dec 1834
Estate to be kept together during the natural life of my wife Elizabeth Power, then to be equally divided among my two children, Susan M. Power and George W. Power, unless my executors feel it best to make some divide before then. Negroes to be sold and divided equal with my other property. Child’s share to wife if she marries. If she marries before my children become of age, my executor to take charge of my property. My son George W. Power to have my long Rifle gun and appointments. Extx: My wife Elizabeth Power. Exec: David Power. Signed: William Power. Witness: Martin Power, James H. Patton, James Power, Robert Patton. Rec’d 14 Jan 1835, William Sanders, C.C.O.

Page 70 ~ John G. Bullock
8 June 1826
To my mother and father, Hawkins and Frances Bullock my 2 negro men Jerry and Green, during the natural life of my father and mother. At the death of my father and mother, the 2 negros to my brothers Alexander G. Bullock and Nathaniel H. Bullock, on their paying my brother William G. Bullock $100, my brother Richard H. Bullock $100 and my brother Hawkins S. Bullock $100. To my sister Frances R. Bullock, $100 to be paid by my father when she comes of lawful age. Execs: William Mironey and John Mironey. Signed: John G. (x) Bullock. Witness: Nathan Mironey, John Mironey. Rec’d 9 Jul 1835, William Sanders, C.C.O.

Page 72 ~ Stephen Smith
20 May 1835
To my son Benjamin Smith I have given 92 acres of land, one saddle, one bed & furniture, and 4 chairs, altogether valued at $329. To my son Henry P. Smith I have given one horse and saddle, $10 in money, and 103 acres whereon the said Henry now lives, valued at $382. To my daughter Elizabeth Bradberry I have before this time given one bed & furniture, one table, 4 chairs, one chest, one cow & calf, altogether valued at $43. To my daughter Lucy N. Stevens, I have given one bed & furniture, one chest, 4 chairs and one negro girl named Milly, altogether valued at $232. To my daughter Nancy W. Floyd I have given one bed & furniture worth $25 and in money $10, making $35. The land whereon I now live to my wife Elizabeth Smith during her life, also 3 negroes, Fanny, Marshal and Coleman, one bed & furniture, and one horse worth $40. To my son William J. Smith I have given $100, and one horse yet to be given to said William, worth $60, and one bed & furniture to be worth $25. At the death of my wife, the property to be sold and equally divided among my children. My son William J. Smith to have the said land to be valued to him by 3 men, 2 chosen by William and one by my executor, or land to be sold and proceeds paid to him so as to make up his share equal with the rest of my children. My daughter Celia, on account of her being partly deaf, to have $100 more than the rest of my children. My daughter Mary to have one bed and bedding she may please to take in reason. All my property to be sold, except what I give my wife, and proceeds divided to make the shares of all my children equal. My daughter Nancy W. Floyd’s share to be kept by my wife Elizabeth Smith, to be appropriated by her for the use of said Nancy, and anything unspent at the time of my wife’s death to then go to the children of Nancy W. Floyd. The share of my daughter Elizabeth Bradberry to be put into interest by my executors and equally divided among her children as they come of age or marry. If my son William desires to live on any part of my land after he marries or comes of age, may do so if my wife agrees. Extx: My wife Elizabeth Smth. Exec: my son William J. Smith. Signed: Stephen (x) Smith. Witness: James McDonough, George W. Gresham, Linsey (x) Roberts. Rec’d 5 Nov 1835, William Sanders, C.C.O.

Page 76 ~ Rozel Burroughs
18 Oct 1835
To my daughter Eleanor Gunnels, one feather bed & furniture, bedsted & cord, one cow & calf, one sow & pigs. The following property to be sold as soon as convenient; my largest waggon, one black mare, one bay mare, one sorrell colt, as many of my cattle and hogs as my executors think can be spared. To my wife Permelia Burroughs and my children Nancy Burroughs, Isaac W. Burroughs, William C. Burroughs, John C. Burroughs, Permelia C. Burroughs and Rozel Burroughs, all the balance of my estate to be kept together for their support. The money from the sale of the property above to be reserved as a fund under the direction of the court of ordinary for the use of my family should they need it. Money, if not spent, to be divided equally among my children when the youngest comes of age. Exec: my wife Permelia Burroughs. Exec: John Mironey. Signed: Rozel (x) Burroughs. Witness: William Kirk, James Sanders, Joseph Sanders, Jr. Rec’d: 24 Nov 1835, William Sanders, C.C.O.

Page 78 ~ Philip P. Colbert
22 Dec 1835
To my wife Sarah, , during her natural life, and then to be equally divided between my legates, the following property; nine negroes, Benjamin, Peter, Reuben, Gabriel, Seller, Hannah, Mary, Anthony, & Rachel, household & kitchen furniture, farming tools, all the land & possessions I hold adjoining, her choice of 3 horses, choice of carts & one yoke of oxen, 6 cows & calves, 3 beef cattle, 3 sows & pigs, hogs to make meat for the following years, my set of blacksmith tools, and my riding carriage. After the death of my self and my wife, my executors to pay Fanny Colbert, if living, $100. To my son in law, Johnson Spratling, one negro girl Delpha & her increase, in lieu of land which I have given to each of my sons. To my son in law James Spratling, and the 5 children of Killis C. Bridges, dec’d, to be equally divided, Rhody & her increase, when the youngest of these 5 children comes of age. The balance of my estate equally divided among my legatees, Lindsay G. Colbert, Payton H. Colbert, Sanders W. Colbert, Johnson Spratling, and one fifth divided between James Colbert and the 5 legatees of Killis C. Bridges, dec’d. Exec: Lindsay G. Colbert and Johnson Spratling. Signed: Philip P. Colbert. Witness: Geo. Lester, Henry Allen, Adam Eberhart. Rec’d 5 Jan 1836, William Sanders, C.C.O.

Page 81 ~ James Coile
11 Jul 1834
To Thomas McElhany, William McElhany, and Jane McElhany, children of John & Nancy McElhany, each the sum of $50. To Robert McElhany, son of Robert & Margaret McElhany, the sum of $50. To Nancy McElhany & Catherine McElhany, sisters of Robert McElhany, each the sum of $50. To Nancy McElhany, wife of Robert and daughter of John and Nancy McElhany, the sum of $50. Signed: Jas. Colie. Witness: James Long, William Mirony. Rec’d 6 Jul 1836.

Page 83 ~ Harvy M. Simmons
22 Jun 1836
My executor to apply to the administrators of the estate of Isaac Simmons, late of this county, deceased, for my share of said estate, and out of this money to pay my debts. My wife Mary Simmons to keep during her widowhood for the support of herself and our children my lands, crop, stock, household & kitchen furniture. Child’s share to wife if she marries. If my wife does not marry before my children marry or come of age, then my wife to spare as much of their share as my wife and younger children can do without embarrassment. Balance of money from the estate of Isaac Simmons, dec’d to be put out at interest for the use of my family. My executor to give up notes I hold belonging to James B. Martin as his agent for which he holds my receipts. Any property or money from the estate of Francis Power deceased (left with Charles Tuggle), to be managed as the other property. Exec: my father Abraham Simmons. Signed: Harvy M. Simmons. Witness: Jona. Sanders, Jessiah Human, Isaac Simmons. Rec’d 3 Nov 1836, William Sanders, C.C.O.

Page 86 ~ William Hodge
10 Oct 1836
To my wife, the plantation on which I now live and the following negroes, George, Sarah & Smith, for her natural life, and all my stock, farming utensils, household & kitchen furniture, to dispose of by her as she think proper by deed or will. To my son John, my Carrol tract of land and $40. To my son James, one negro boy by the name of Taliaferro (or Tolliver) and $40. To my sons Allen L. and Richard S. Hodge, as trustees, in special trust for my daughter Mary Sanders, the tract of land on which her husband John Sanders now lives, and a negro girl by the name of Fanny or Fan and her increase, to be managed by them for the benefit of my said daughter Mary & her children, and at the death of John Sanders, the trust to cease and the property divided among Mary Sanders, if alive, and her then living children. To my daughter Elizabeth Vineyard, the following negros, Rhody & Charles Lewis. To my daughter Catherine Hodge, two negros, Clark and Rachel & her increase, and all the household & kitchen property which she claims to be hers and is known to be called hers, my Carriage or Gig, a forty acre tract of land which I have drawn in Cherokee County. To my son William, the following negroes, Jorden & Mary & her increase. To my son Richard S., Lucy and her 2 children and her future increase, by his paying $40 back to the estate. Also my son Richard to have the Cotton Machine. To Allen L. Hodge, Dinch and her 2 children and her future increase, and the old stills. To my sons Allen L. and Richard S., after the death of my wife, the negroes George and Sarah already bequeathed to her, in trust for my son Madison M. Hodge, also the blacksmith tools, and the plantation whereon I now live all in trust for my son Madison M., to be managed by them for his benefit and then divided among his lawful children, if any. My sons William, Allen L., Richard S. and Madison M. Hodge to have the lands I have already laid off for them. My son William and my daughter Catherine to take my negro man Smith after the death of my wife & take care of him for the balance if his life. Exec: my sons Allen L. & Richard S. Hodge. Signed: William (x) Hodge. Witness: James Long, William H. Saye, John McCurdy. Rec’d: 17 Jan 1837, William Sanders, C.C.O.

Page 89 ~ Henry Mannin
20 May 1837
To my wife Janet Mannin, all my estate during her natural lifetime, except a bed & furniture and a cow & calf to each of my daughters, Mary Ann Mannin, Sarah Jane Mannin an Martha Elizabeth Mannin, when they become of age or marry. At the death of my wife Janet, all property to be divided between my 3 daughters. Exec: James McCurdy. Extx: my wife Janet Mannin. Signed: Henry Mannin. Witness: Willis Strickland, William H. Saye. Rec’d 5 Sept 1837, William Sanders, C.C.O.

Page 91 ~ William Graham
15 Jan 1838
To my wife Elizabeth Graham, all of my estate, land, and other property, during her natrual life or widowhood. When my minor children become of age or marry, they should receive in proportion to those that has become of age. If my wife Elizabeth should marry, or at her decease, and equal division to take place among my children, Joseph M. Graham, Henry W. Graham, Edward T. Graham, Jabez D. Graham, Sarry Ann Cridenton, Lucrecy Drake, Wiliam P. Graham, Jacob D. Graham, Greamish S.E. Graham, John M. Graham, James H. Graham, Isaac W. Graham. Child’s share to wife if she marries. Signed: William (x) Graham. Witness: James R. White, James Rhodes. Rec’d 16 Mar 1838, William Sanders, C.C.O.

Page 93 ~ Robert Griffeth
15 May 1838
To my daughter Polly Carithers, a negro girl Prissy, over and above her proportional share, to make up for the one I had given her before and which was burned to death. All my estate to be equally divided between my wife Sarah and my children John Griffeth, James R. Griffeth, Anne Brown,, Polly Carithers, Elizabeth New. Negroes to be divided in to lots as equal as possible. Wife Sarah to have choice of 3 negroes. The negros allotted to my daughters to belong to them as their own right & property during their natural life and then to be their childrens’. Exec: My two sons John Griffeth and James R. Griffeth. Signed: Robert (x) Griffeth. Witness: James Carithers, Stephen White. Rec’d 4 Jul 1838.

Page 95 ~ Edward Ware
8 Dec 1837
My eldest son Bennett Ware, having been provided for by a tract of land which I gave him on Lamars Creek, a negro boy Lewis, a gray mare and sadle and other property towards housekeeping, my will is that he receive nothing further except his part of any surplus. My daughter Lettice Ware has received a negro boy Joe, a bay mare and saddle and other property towards housekeeping, to have no other property except her share of any surplus. My daughter Judith Higginbotham in her lifetime received a negro boy Charles, a black mare and saddle; she and her children to receive nothing more. My son Philip Ware has received a tract of land containing 133 acres out of the tract where I now live, a negro boy Abraham, a gray mare and saddle; to receive nothing more except his part of any surplus. My son Henry Ware in his lifetime received 143 acres of land, a negro boy Cato, a gray horse and saddle; his heirs to receive nothing more than their share of any surplus. My daughter Elizabeth Long received a negro girl Deci and $100 in place of a horse and saddle; to receive $20 and nothing more than her share of any surplus. My daughter Mary Hobson received a negro girl Easter, a gray mare and saddle; to receive nothing more than her share of the surplus. My daughter Sarah Borum has received a brown mare and saddle; I now give her a negro girl Silvy and her children and future increase, and at her death to belong to all her children, including the two children she had by her first husband Britton Sanders. My daughter Ann Higginbotham in her lifetime received a girl Pegg, a horse and Saddle; she nor her to receive nothing more. To my son Elisha Ware, all the land that I now own in Madison County, it being the land where I now live and where Elisha lives, on the condition that he pay my daughters Lettice Ware, Elizabeth Long, Mary Hobson, Sarah Borum and Gincy Strickland $40 each. I also give him a negro boy Simon which he has in his possession, and a horse to value at $100 r $100 in cash. My daughter Gincy Strickland has received a negro girl Rhoda, a bay horse and Saddle; to receive nothing more. I give my five daughters, Lettice Ware, Elizabeth Long, Mary Hobson, Sarah Borum, and Gincy Strickland, 980 acres of land in Wayne County granted to myself. Remainder of estate divided to constitute a general surplus and to be equally divided between my son Bennett Ware, my daughter Lettice Ware, Philip Ware, Henry Ware’s legal representatives, Elisha Ware, Elizabeth Long, Mary Hobson, Sarah Borum, and Gincy Strickland. Executors: James Long, Philip Ware, and Elisha Ware. Signed: Edward Ware. Witness: Matthew S. Freeman, Richardson Hancock, William Mironey. Rec’d 4 Dec 1838, William Sanders, C.C.O.

Page 98 ~ James Power
23 Oct 1838
My estate to remain in the possession of my wife during her natural life or widowhood, for the maintenance of herself and the maintenance & schooling of my 3 youngest children. I have already given to my four children who are married property to the amount of $60 each, and to my son William a horse saddle & bridle worth $80. To my three younger children, as they marry or become of age, bed & furniture & other articles to value at $60, and my son Francis to receive a horse, saddle & bridle worth $80, or $75 in cash, whichever is more desirable to him, in addition to the $60 in bed, etc. These last gifts to not take place until my wife’s death unless it can be done without inconvenience to my wife & remaining children. At the death of my wife Elizabeth Power, my two sons William Williamson Power and Francis Power to receive all my landed or real estate in this county to be equally divided between them. My son William W. to have a Rifle gun, and Francis Power a shot gun. All my personal property that remains to be sold and equally divided between all my children. The part going to Elizabeth T. David to be kept by her during her natural life, and at her death to be divided among all the rest of my children. Should Elizabeth David marry again, she shall dispose of her share as she thinks fit. If my wife Elizabeth should marry again, my personal property to be sold and divided among all my children, and my wife to have a child’s share and her dower, or third in the land I hold in this county. Then all my land in this county to belong to my two sons. Executor: my son William Williamson Power. Signed: James Power. Witness: James H, Patton, David Power, Jesse Power. Rec’d 12 Jan 1839, William Sanders, C.C.O.

Page101 ~ Robert Woods
4 Oct 1838
To my wife Mary Woods, the right & title to the land & premacies wherein I now live, and three negros, Betty, Clem & Burel, and one sorrel horse and black mare named Caul, cart & Oxen, plantation tools, my entire stock of cows, hogs, sheep, with the exception of 2 cows, my household & Citchen furniture, one small bowed Rifle gun and all of my books, for her natural life, and at her death to fall back to my estate and be equally divided amongst my lawful legatees. To my daughter Martha Woods, one bed & furniture, one side saddle and one of the above excepted cows, and $10, and if she doth join with John Woods by marriage, to have nothing more of my estate, and if she doth not, she shall have an equal share with the rest of my legatees. Son Robert Woods may remain on the Adams land where he now lives, as long as his mother lives. If he clears any land, to have it for 3 years without rent. At his mother's death, land to be sold with other lands. To my daughter Mary Ann Woods, one bed & bedstead and furniture and one of the excepted cows. The balance of my property to be sold to satisfy all just demands, to wit; one cream colored horse, waggon, harness, 2 horse colts and other property as the executors and wife think best. I have one lot of land in Camel County, to be sold and equally divided with the legatees except Martha Woods, and that to be governed by the second section of the will. My two daughters Martha Woods and Mayann Woods to be supported by the proceeds of the land where I now live, as long as they stay with their mother and do good by her. Land to be sold on the premises. Executors: my two sons B.W. Woods and A.D. Woods. Signed: Robert Woods. Witness: David V. Kempt, Peter (x) David, George Eberhart, J.P. Rec'd 13 Nov 1839.

Page 104 ~ Fanny Allen
6 Jan 1840
To David Evans, that part of my tract of land that lies south west of the road leading to Washing Primeses and north of said Evans line. The remainder of that tract to be equally divided between my daughters Susan Etcherson and Nemicess Vineyard. My daughter Mary Ann Evans shall have my cupboard and large pott. The balance of my household and citchen furniture to be equally divided with my four daughters. The remainder of my estate to be equally divided between all my children, to wit; Nathaniel Allen, Mary Evans, Susan Etcherson, Charlise Evans, and Nemices Vineyard and their children after their death, paying David Evans for his trouble and expenses in my last illness. Executor: David Evans. Signed: Fanny (x) Allen. Witness: William Gholston, John A. Cridenton, Samuel Trovey. Rec'd 11 Jan 1840, Richd B. Gholston, C.C.R.

Page 106 ~ John Wilhite
6 Jan 1840
I am possessed of several tracts of land, to wit; one tract in Madison County on North Broad River containing 770 acres; one tract in Jackson County on waters of Parks Creek containing 680 acres; one Lot number 390 in 8th district of originally Wilkinson now Telfair County containing 202 1/2 acres; one Lot number 350 in the 2nd district of originally Early now Baker County containing 250 acres; one Lot number 147 in the 13th district at the time of survey in Cherokee County containing 40 acres. I had formerly loaned to my daughter Lucy P. Wilhite, now deceased, wife of Meshack Wilhite, negroes named Rachel, Mary and Martha, together with lands and other property. This property to be equally divided between the heirs of my daughter Lucy P. Wilhite, to wit; Susan, Jane, Philip and Elizabeth Wilhite, together with $50 each when they marry or become of age. These grandchildren to have no other part of my estate, this portion deemed to be equal or greater than a proportional share. My wife Lucy to select either the plantation in Madison County or in Jackson County to be her future residence; which ever tract she selects to remain in her possession during her natural life or widowhood, along with all my negroes and other property. For the raising and educating of my three youngest sons, no charge or deduction out of their parts shall be made. As children marry or become of age, they shall receive one negro from the following list: Sarah, Tiller, Jenny, Dilcy, or Lucy or such other. Also to receive one negro child of the age of 2 or 3 years, a good featherbed and furniture. My sons to have and enjoy all my lands, to be equally divided between them. My two daughters Elizabeth Jane Wilhite and Martha Pope Wilhite, in lieu of land, shall have one negro the age of 2 or 3. I have loaned to my son Turner M. Wilhite the following negros; Letty, Savan and Jack. My wife Lucy Wilhite and my sons John M. Wilhite and Jesse G. Wilhite to manage the property of my son Turner and his children. Child's share to my wife if she remarries. As my 3 youngest sons grow up, each to have a common good horse, saddle and bridle without any charge, as my eldest boys have had the same. Children to be educated and supported out of the money from the crops or sale of property. My wife Lucy to have my Negro man Colman and negro woman Polly. Executrix: my wife Lucy Wilhite. Executors: my son John M. Wilhite, Jesse G. Wilhite and William M. Wilhite, and my friend Berry M. David. Signed: John Wilhite. Witness: Jona Landers, Berry M. David, Mitchell D. Tiller. Rec'd 11 Jan 1840.

Page 113 ~ Isaac David
2 Oct 1839
The original tract of land where I now live, containing 440 acres, granted to Barnet & McDannel, be sold and divided into ten equal parts the heirs of my body; Palina David & her issue; William Brooks for the use of Charity Brooks his mother; the lawful heirs of Isaiah David deceased; Seala Baldwin & her issue; Henry David & his heirs; Elizabeth Vaughan & her issue; Mildred Wiley's lawful heirs & George Wiley to have an equal share with the lawful heirs of his deceased wife; Caroline Glore & her lawful heirs; Locky Moon & her issue; Jacob W. David & his lawful heirs. Also one tract of land in Muscogee County to be divided equally among the distributees. The balance of my estate to be sold and divided into 17 equal parts, 10 of those parts to be distributed to the offspring of my body as follows: Palina David & her issue; William Brooks for the use of Charity Brooks his mother; the lawful heirs of Isaiah David deceased; Celia Baldwin & her issue; lawful heirs of Henry David, deceased; Elizabeth Vaughan, who having a claim against a negro woman Patsy & her issue has relinquished her claim to said negores by receiving a negro boy Humphrey; the lawful heirs of Mildred Wiley and George Wiley to have an equal share with the heirs of his deceased wife; Carline Glore & her issue, Jacob W. David & his heirs; Locky H. Moon & her issue. The remaining 7 parts to be equally divided among the following 7 children, the heirs of my wife: Mary Allen & her issue; the lawful heirs of Mildred Cooper, deceased; Susannah Johnson & her issue; Alexander Vaughn & his heirs; Martha Martin, who having a claim against a negro woman Milla and her increase, who relinquished her claim as an executrix on the estate of Cluff Martim deceased by recovering a negro girl Eliza; Nancy Martin & her issue; Elizabeth David & her issue. To Caroline Glore, the tract of land whereon she now lives; this in lieu of $200 which I gave to all children or land to that value. This land cost $400, Caroline to pay $200 back to the estate. Executors: My son Berry M. David and Alexander Vaughan. Signed: Isaac (D) David. Witness: Martin Tiller, Berry Hartsfield, William Glenn, Sr. Rec'd 11 May 1840.

Page 118 ~ David Power
17 Jun 1840
Wife Margaret Power to have the land whereon I now live and negroes, so long as she may live single; should she marry, to have an equal division with my children. My son Jesse R. Power to have $60 at my death; my two daughters Sarah Power and Polly Murray to have $60 each. To Oliver B. Hopkins, a horse, saddle and bridle and a bed & furniture to be worth $90, and one years schooling provided he shall live with his mother to the age of 21. All my children, as they become of lawful age, to have a horse, saddle & bridle and bed & furniture worth $120, except Francis E. Power, he has had a saddle. At my wife's death, my property to be equally divided among all my children, except my daughter Sarah Power who is to have as before directed, but an equal share be placed in the hands of some person my executors think best and she is to have the proceeds of the same until her death and then to be equally divided amongst her lawful heirs, and my 2 grandchildren, Susan M. Power and George W. Power who is to have an equal share. Executrix: Margaret Power. Executor: Jesse R. Power. Signed: David Power. Witness: Thomas Long, James A. Patton, Joseph B. Long. Rec'd 7 Sept 1840.

Page 120 ~ Ann Hodge
4 May 1840
To my son Allen S. Hodge, in trust for my son Madison M. Hodge, one negro boy George, the increase of Sarah, willed to me in my lifetime by my deceased husband. Also to my son Allen, in trust for my son Madison M. Hodge, my blacksmith tools and all my notes and accounts after debts are paid, to be used for his benefit during his lifetime. To my son Allen S. Hodge, one third part of my Cart and Steers, the other two parts in trust for my sons William and Madison M. Hodge. If Madison dies without lawful heirs, his interest to be divided between my children. To my granddaughter Sarah Ann Sanders, my bed, bedstead and bedding. Executor: my son Allen S. Hodge. Signed: Ann (x) Hodge. Witness: John Sanders, Johnathon Sanders, John B. Adair, J.P. Rec'd 21 Sept 1840.

Page 122 ~ John Humphrey
21 Nov 1840
To my wife Susanna Humphrey and my daughter Rebeca Humphrey, all property, household and kitchen furniture, stock, farming utensils, corn, fodder, oats, House and land whereon I now live; all property to belong to them equally except one bed and furniture and bedstead I give to my granddaughter Susan M. Humphrey. Should my wife Susanna die before my daughter Rebecca, then Rebecca shall become the whole and sole heir of all my property. Should Rebecca die before my wife, then my land and property to be equally divided among all my children. My daughter Polly Whitaker, and my sons James Humphrey, William Humphrey, Richard B. Humphrey, John S. Humphrey and Simeon Humphrey to have no other part of my estate than what they have already been given. . Executor: William H. Barnett. Signed: John Humphrey. Witness: Stephan Allen, Ranford E. Hitchcock, Peyton H. Colbert. Rec'd 23 Jan 1841.

 


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