Georgia, Coweta County, Last Will & Testament of James Boothe 27 March 1840 ======================================================================= USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons. Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net. ======================================================================= Submitted by: Cindy Clowe Lacy celacy @aol.com James Booth Will In the name of God, Amen. I James Boothe of the county of Coweta, Ga being of sound mind and disposing memory do make and ordain this my last will and testament hereby revoking all others heretofore made by me. Item 1st After all my just debts are paid I do give and bequeath unto my beloved wife Millian Boothe all of the debts which are due me all of my land tenements on Negro woman named Peggy one boy named Scott and girl named Maria and one Negro girl named Sarah one white mare and colt together all and every other claim or claims I have to all and everything else to have and to hold same during her widowhood giving her power of giving to either of my children Lucy, Eliza Beckwith, Henry Masterson, Sarah Margarett and Harriet Caroline any part of my estate she choose. Item 2nd It is my desire that should my dearly beloved wife Millian Boothe ever see cause to marry again that the powers herein given her be revoked as all others that may be herein contained and that it shall be the duty of some one of my children to qualify upon my estate and thus it all shall be divided equally amongst them that is to say I give unto my child Lucy Jane one fifth part, to my child Eliza Beckwith one fifth part, to my son Henry Masterson one fifth part, to my daughter Sarah Margarett one fifth part and to my daughter Harriet Caroline one fifth part of what is left to have and to hold forever. Item 3rd I do hereby make and appoint Ira Ellis Smith executor to this my last will and testament having full confidence in his integrity. I do not wish him to be ruled to give security. In testimony whereof I do subscribe my hand and seal this 27th day of March 1840. James Booth SEAL Subscribed to before: Wm E. Hardaway, Caroline Smith, Phebe Boatright (her mark) Georgia Coweta County Personally came before us Moore Stevenson and Sanders W. Lee Justices of the Inferior Court in and for said county William E. Hardaway who being duly sworn deposeth and saith that he saw James Boothe sign seal publish and declare this writing contained on this sheet to be his last will and testament and that the time thereof he was of sound disposing mind and memory and that he didn’t by and without compulsion and that Caroline Smith and Phebe Boatright ___ the same in the presence of the testator assigned in his presence and in the presence of each other. Sworn and subscribed before us this 3rd day of June 1840. Wm E. Hardaway Sanders W. Lee JJC Moore Stevenson JJC Georgia Coweta County July Adjourned term of the Inferior Court ___ for ordinary purposes. Ordered to record this 16th July 1840. Recorded this 17th July 1840 David Mosely, Clerk