Georgia: Columbia County: Last Will & Testament of Joseph Cooper 25 March 1827 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Robert W. Klebs rklebs@pacbell.net ==================================================================== Note: the following is my typed transcription (except where I indented paragraphs for the eight items listed to add a bit of clarity) of an original copy of the three page Will of Joseph Cooper obtained from Columbia County Georgia Probate Court, Appling Georgia, on November 26, 2002 by Robert W. Klebs, a descendant of Joseph Cooper. In the will Joseph mentions revolutionary services. The Frances A. Cooper referred to is a daughter of Jesse Winfrey and Frances A. Spencer. p.182 Joseph Coopers Will Registered April 21, 1828 In the name of God Amen. I Joseph Cooper of the state of Georgia and the County of Columbia being weak of body but sound in mind and memory doth without persuasion or compulsion make and constitute this my last will and testament and Knowing that it is ordained for all men to die I resign my soul to God who as the great giver and distroyer of all things And as to my worldly goods which the Lord hath blessed me with I give and bequeath them in the manner and form here in afting directed. Item first, I give and bequeath unto my Daughter Mary Clifton & her two sons Claiborn & Algernon Clifton the following negro Slaves/viz., Lewis a fellow, Monday a fellow, Caty a woman with her sons Henry a boy & Jim a boy and her future increase now supposed to be pregnant or their value. Item second: I give and bequeath to my Grand children Robert Washington Cooper, MaryAnn Matilda Cooper and the future heirs of my son David Cooper and his wife Frances A. Cooper and their heirs the remaining number of my negroes to wit: Ben a fellow, Allan a boy, Nancy a girl, Sophia a girl, Ben a boy & Jane a girl and Rachel a woman with their future increase to be equally distributed to them Robert Washington Cooper, MaryAnn Matilda Cooper, Martha Maria Cooper, David Francis Summerfield Cooper & the future heirs of my son David Cooper & his wife Frances A. Cooper, on their arriving at lawful age and in the event of either of the said grand children, Robert Washington Cooper, Mary Ann Matilda Cooper, Martha Maria Cooper, David Francis Summerfield Cooper or the future heirs of my son David Cooper & his wife Frances A Cooper dying before they come of lawful age or matry their distributive share to be equally divided between the remaining surviving children share and share alike. Item third, I will and bequeath unto my youngest grandson, of David Cooper, David Francis Summerfield Cooper, a tract of land in Early County originally drawn by me a number two hundred and sixty four p.183 in the twenty third District a, (can’t make out small symbol) Grant on his arrival at lawful age in the event of his death before entitling to it to revert to the other children for equal distribution among them share and share alike. Item fourth I also will and bequeath unto my two Grandsons Claiborn & Algernon Clifton sons of my daughter Mary Clifton one other tract of land in Irwin County originally number Two hundred and twenty six in the fourth District to be equally divided between them on their arrival to lawful age. Item fifth, my son Joseph in his lifetime having had considerable benefits from my estate and having acted unworthily, I only will and bequeath to his heirs one other tract of land drawn by me in Irwin County originally, numbers and District not known but of record in the Surveyor General office to be equally divided between them according to their best interest & the law. Item sixth, I will and bequeath to my youngest son David Cooper all of my household goods and furniture, all debt due me of every description and all claims the Government may here after allow me for revolutionary services and that he pay all my just debts accruing since August Eighteen hundred and seven out of any money he may receive. Item Seventh; It is my Will & wish that my property herein bequeathed remain where & as it is or that no distribution take place till the twenty fifth day of December next ensuing. Item the Eighth; I will and appoint Thomas Bowdre of Columbia County and my son David Cooper and my Grandson Claiborn Clifton my sole Executors to this my last will and Testament, and my son David Cooper the natural guardians for his children, giving to him the privey of disinheriting or cutting of any of my Grandchildren his children, for their legacy when they arrive of age if he thinks they act unworthily and distributing it equally between p.184 those who act worthily. And that he have the sole management of their legacy till that time for the benefits of their Education and maintenance, and I do hereby revoke renounce and disanneal all other Wills heretofore made by me. In witness whereof I have hereunto set my hand and seal this twenty fifth day of March in the year of our Lord, Eighteen hundred twenty seven. Joseph Cooper ( X his mark ) [Seal] Signed and approved in presence of J. Barnes, G. Washington Persons, Edward M. Jones Georgia, Columbia County} in the Court of Ordinary} in Chambers, Wednesday January 16th 1828. Joseph Barnes, & Edward M. Jones two of the subscribing witnesses to the within & foregoing instrument after being duly sworn upon the holy Evangelical depose and say that they were personally present and saw the testator Joseph Cooper in life subscribing his mark to the same and acknowledge the same to be his last Will and testament and that the testator was of sound mind and disposing memory at the doing thereof and that themselves together G. Washington Persons signed the same as a witness in the presence of the testator and in the presence of each other. [signed Joseph Barnes Edward M. Jones] Sworn to and subscribed before as in chambers this 16th January, 1828. David Stanford L.J.C, John Cartlidge L.J.C [Extract from the minutes of February 4th, 1828.] [The Last Will and testament of Joseph Cooper deceased having been duly proven on the 16th day of January last. Letters testamony were granted to David Cooper one of the Executors and by said Will named and appointed he having complied with the requisitions of the law in such case]