Bibb County Georgia JOHN MARTIN Will File contributed for use in USGenWeb Archives by DaisyZ@aol.com Jeanie Smith Zadach Table of Contents page: http://www.usgwarchives.net/ga/bibb.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm JOHN MARTIN LAST WILL AND TESTAMENT STATE OF GEORGIA, BIBB COUNTY October 30, 1841/April 14, 1842 PAGE 96 In the name of God, Amen. I, John Martin, being indisposed though of sound mind & calling to mind the uncertainty of my life, and praying the Creator preserve my soul when life is spent, and that He will protect my wife and children through life. I therefore (respecting my estate) make this my last will and testament. I give & bequeath to my daughter Eliza Mary Martin, the following Negro slaves under the conditions hereafter expressed, to wit: Jerry, Patty and her six children, also May & her four or five children that are in the state of Mississippi & said Negroes with their future increase to vest in my said daughter and the heirs of her body forever. Also give to my daughter Martha D. Martin the Negroes Lany and her six children, also Hetty and Mingo and his wife and her three children with all their future increase to vest in my said daughter, Martha, and the heirs of her body forever under the condition hereafter expressed. I also give & bequeath to my son, Robert Martin & his heirs the Negroes Mary, Griffin, Janet, Lucia and Eliza & child, Little Sam, Daniel, Barnett, Henry, Cornelia & Dick with their future increase. And to my son, John Martin, I bequeath and give to him & his heirs forever the following Negroes: Betsy, Vina and her three children, Emeline and her two children Little Jim& Alfred, Edmund, Jesse & Mitchell and all their future increase. And to my daughter, Rebecca Frances Martin, I give and bequeath the following Negroes to wit: Peggy & her six children & their future increase to vest in my said daughter and the heirs of her body forever, under the condition hereafter written. And to my daughter Elizabeth Leona Griffin Martin, I give & bequeath the following Negroes to wit: Peter & Jane and her two children & her future increase to vest in my said daughter Leona and the heirs of her body forever under the condition hereafter written. My will is that soon after my death, the Negroes above given my two eldest daughters, Eliza & Martha should be appraised and when my youngest daughters arrive of age or gets married their shares are to be made equal by an appraisement then of the Negroes given my two youngest daughters Frances & Leona as much money paid to them by my Executors as may make their Negro lot equal or an average to the lot of my two eldest daughters as appraised & that amount to vest in my said two youngest daughter under the same conditions as the Negroes and in case any of the Negroes die as bequeath to my four daughters before such daughters may come of age or get married, I wish my Executor to pay to such daughter money or Negroes to make the share as equal as practicable, and the Negroes and shares thus pointed out for my four daughters is on this condition that the same is to vest for the special benefit of my daughters and the heirs of their bodies only, and that I will the title of each daughter’s share to vest for such their use & in trust to their Uncle George Walker as Trustee, to control said Negroes and increase & shares to their separate use, respectively and not to be taken or sold for the debts or misfortunes of any husband my said daughters may ever intermarry with, and should said Trustee die or fail to act, then my two sons are to act as Trustees for their sisters for the same purpose and should they die or fail to act, then the trust property to vest in such a Trustee as the Superior Court may appoint on application of my Executor or any friend of mine. And to my beloved wife, Eliza Julia Martin, I give the following Negroes: Harriet Ann, Olly, Adeline & Charles and their future increase also Negroes Harry & his wife Phebe & her son Lumpkin & increase, my lands in Cherokee, Cass & other counties in upper part of this state all to be sold by my Executors on a credit to the best advantage. And I wish them to dispose of my house & lots in Macon & the lands on Walnut Creek to settle at discretion with the State Bank if not recovered then after two years the same to be sold and a suitable place in lieu thereof to be purchased by my Executor for my wife & children to be comfortably situated on when she chooses, out of Macon. And my plantation in Houston County with all the property on it to be kept together for the use of my wife & children and the profit thereof to be laid out in Negroes & put on the same place until the youngest child gets married or of age then the land then to vest in my two sons, and the rest of the property then as well as all my other property real or personal to be equally divided among my wife and children provided she is not married to any other person. If she is, then to be divided amongst my children equally, the girls portions always to vest in their trustee as before pointed out & for the same condition & purposes. My Negroes Patterson, Barnett, Jerry & Tom, I wish hired out for the support of my wife & children as long as they remain together. Should anyone of my children die before they came of age or marry, then the portion entrusted to sink unto my estate & go to the survivors. My Executors paying my debts to the best advantage out of my estate. The Negroes Harry, Phebe and her son Lumpkin and girl Ann to be at my wife’s disposal forever to do as she pleases. The other Negroes & property on her marriage again to vest in my estate. The Negro, slaves, to pay my Executors seventy -five dollars a year for six years and after that time, five dollars a year during life. And I appoint my friends, George Walker & James Smith, also my two sons when they come of age to be Executors of my will. /s/ John Martin {seal} Signed, sealed & pronounced in our presence and in the presence of each other this 30th October 1841. U.L. Wright Joseph Smith James Smith State of Georgia Bibb County This day before Robert B.Washington, John Baily and Wm H. Calhoun the Justices of the Inferior Court & Court of Ordinary in vacation, came personally James Smith & U.L. Wright two of the witnesses to the annexed will of John Martin, who being duly sworn depose & say that they were present & saw John Martin seal & execute the above & foregoing as his last will & testament pronounced as such by said Martin witness by us in his presence and by his request and Joseph Smith witnessed the same at the same time & that said John Martin was at the time of sound mind & memory. Sworn to and subscribed before this 14th April 1842. William H. Calhoun, JIC U.L. Wright John Baily, JIC James Smith R.B. Washington, JIC ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============