Will of Joseph Belk
Contributed by Gerry Hill
~~~~~~~~~~~~
Will Book A page 220 Oct. 28 1861 Joseph Belk My daughter Frances Belk to remain and live with her mother until she marries or becomes of age and to receive $1000 advance out of my estate for clothing and board. To wife Margaret Belk, the following property to wit (and which shall be in lieu of dower) Lot of land #54 it being the lot whereon I now live, also the north half of lot #53 all in the 4th Dist. originally Muscogee now Marion Co., as much farming utensils as needed, three farm mules or horses, choice of one buggy and harness, five cows and calves, as many stock hogs as she may choose, three feather beds, bedsteads and furniture with as much other household and kitchen furniture as she may choose (my desk and book case excepted) also provisions sufficient for one years suport and $100 for her to use at her own discretion, also the cotton gin. Also to wife Margarett Belk in lieu of other dower, my negro man Dary about 42 years old, my negro girl Rose about 14 years old, my negro woman Venice about 41 years old and her four children: Isaac about 16 years old, Shade about 13 years old, Solomon about 12 years old. None of the aforsaid Negroes shall be removed beyond the limits of said county of Marion unless they should be sent on an errond with a speedy return or in case of war, invasion or insurrection the safety of said negroes shall require them to be removed. Some restriction to apply to the balance of my property of a movable nature which is set aside for support and maintenance of my wife. If such property shall be removed beyond the limits of said county of Marion, it ito be forfeited by Margarett Belk and to revert to my estate to be disposed of by my Executors. If wife Margarett Belk should be dissatisfied with the provisions made for her and should elect to take dower then she is to have nothing out of my estate but her dower and the property already bequeathed to her will revert to my estate to be disposed of by my Executors. At death or marriage of wife Margarett Belk, the land conveyed to her is to revert to my estate and to be disposed of by my Executors. Whereas I have previously given in 1849 to my daughter Henrietta Duke wife of Francis A (?) Duke, a negro girl named Elsey at the time about 11 years old, I now confirm and bequeath that gift. To son Hollis Belk 2/3 of lot and land #55 in 4th Dist. Marion Co. it being the North 2/3 the place whereon he now lives. Whereas I have given on 29th Jan 1856 to my daughter Martha White wife of Jesse B White, a negro girl named Darkey at the time about 14 years old, I now confirm and bequeath that gift. To son Zachariah Belk the south third of lot of land #74 and the north third of Lot #75 all in the 4th Dist. originally Muscogee now Marion Co. Also give to Zachariah Belk one good feather bed, bedstead and furniture, two cows, and calves. To son Joseph T? Belk, the north 2/3 of lot and land #74 in 4th Dist. originally Muscogee now Marion Co. also one good feather bed, bedstead and furniture,two cows and calves, a certain mule named Jack which I bought for him last winter. To daughter Frances Belk, one negro named Caroline about 18 years old, one good feather bed, bedstead and furniture, two cows and calves, one bridle and side-saddle, $200 and her piano. I have heretofore given to my sons Amandus P. Belk and Denson Belk certain lands and to my daughter Ellen Smith a certain negro girl which gifts I consider equal to the specific legacies which I have already given to the balance of my children-as also I gave to Sarah Nutt wife of Martin Nutt a negro girl, Remainder of property of every description to be equally divided or sold and the proceeds to be equally divided into ten equal shares and to be given to my children as follows: Sarah Nutt the wife of Martin Nutt, half of one share other half of that share to be equally divided between the children of Anderson W. Duke deceased,the first husband of the said Sarah Nutt, the children of Mary Holland to take her share (the said Mary being dead) To Amendus P Belk, Denson Belk, Henrietta Belk, Ellen Smith, Zachariah Belk, Martha White, Joseph T Belk, Frances Belk, each one share. I nominate my son Denson Belk Testamentary Guardian and Trustee for the children of Mary Holland deceased. If is is too inconvenient for Denson Belk to act as Guardian then Stephen M Nutt or his wife Sarah Nutt to act as guardian for the said children. Share that goes to Ellen Smith to go to her husband Pallistine Smith in trust for the said Ellen. Whereas I have given on 8 Nov. 1858 to son Denson Belk a check for $400 and on 13 Dec 1858 a check for $600, son Denson must account in his receiving his share of my estate without interest being computed thereon. At death of wife or if she should marry, all property of every description conveyed to her shall be divided or sold and the proceeds divided among my children, grandchildren and great-grandchildren. My negro man Peter and his wife Mary to be kept together, and, if sold to be sold in same lot. Executors: my sons Hollis Belk and Joseph T. Belk. Wit. D. N. Burkhalter, James S. Wiggins, George W. McDuffie, Eralbert W Miller page 127 Joseph Belk Codicil-Dated Nov. 18, 1863 Desire to revoke bequeaths to my son Zachariah Belk lately deceased and died intestate and without issue. All other parts of will to remain in effect. Wit. E.W. Miller, James S. Baker, L.O. David, Lewis Webb, Geo. W. McDuffie page 135 Probated Oct. Term 1867 Note Joseph T Belk Propounders Hollis Belk vs Jesse P White Martha White his wife, John T Hunter Frances Hunter his wife Caveators The above Caveators objected on certain grounds to the admission of Joseph Belk's will for probate. But the grounds for objection were not well taken and were insufficient in law to render the will invalid page 136
~~~~~~~~~~~~~
Return to Wills and Probate Home Page
This page was last updated on -03/16/2012
Compilation Copyright 1999-Present by The GAGenWeb
Many thanks go to Mary Kathryn Kozy, Virginia Crilley, Harris Hill, Carla Miles & Angela Covington
for their work on the site over the years.
