DeKalb Co. GA         WILL OF CHARLES LIVELY
                                      
Submitted by Barbara Cunningham <barbjo@erols.com> 

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   In the name of God, Amen. I, Charles Lively of the State of Georgia &
   County of Dekalb being very Sick and weak in body but of perfect mind
   & memory Thanks Be Given unto God Calling unto mind the mortality of
   my body and knowing that it is appointed for all Men once to die do
   make and ordain this my last Will & Testament that is to say I Give
   and recommend my Soul unto the hand of almighty God who gave it and my
   body I recommend to the Earth to be buried in decent Christian burial
   at the discretion of my Executors and as touching such worldy Estate
   wherewith it has pleased God to bless me in this life I give dessire
   and dispose of the same in the following manner & form:
   
   First} I give and bequeath to my beloved wife, Mary Lively, with the
   restriction herein after mentioned four Hundred and five acres of Land
   know as Lots No. 205 Two hundred and (194) one hundred and ninety four
   in the 18th Eighteenth District of originally Henry now DeKalb County
   to have the use and possession during her life together with all my
   plantation and smith tools household and Kitchen furniture three head
   of horses Six Cows and Calves and some feef cattle one waggon one cart
   and yoke of oxen all my Stock of hogs and Sheep I further Give her ten
   head of Negroes to have and to keep them during her life and whatever
   increase She may make on or raise from the above mentioned Stock of
   wheat of what kind soever to be disposed of By her as She pleases at
   her death and She household furniture also to be disposed as She
   pleases I also Give Her four bales of Cotten the remainder of My last
   year's Crop of Cotton and wheat and three-fourths of the present
   year's Crop of Corn Wheat
   
   Secondly} I give to my daughter Jain F. McGrady the Sum of Six hundred
   dollars in money to be paid to her as soon as my Executors can
   convenantly raise the money from the sale of the property set apart
   for Sale}
   
   Thirdly} To my daughter Nancy Jones I Give and bequeath one hundred
   acres of land Known as the South half of lot No (245) Two hundred and
   forty five in the Eighteenth district of Henry now DeKalb County I
   further Give and bequeath to her the said Nancy Jones and her bodily
   heirs after he one negro boy by the Name of Charles to be delivered at
   the death of her Mother Mary Lively.
   
   Fourthly} To My daughter Milly G. Gober I Give and bequeath Eighty
   acres of Land in Cobb County for which I have heretofore made a deed
   to Isham A. Gober also one negro Girl I give unto Milly Give and her
   bodily heirs after her named Cintha seven or eight years old to be
   delivered at the death of her Mother Mary Lively:}
   
   Fifthly} To my daughter Polly M. Lively I give and bequeath Eighty
   acres of land in Cobb County No One Hundred and fifty six Twenteeth
   district Second Section also one Negro boy named Dick five or six
   years old I Give to her and her Bodily heirs after to be delivered at
   the death of her Mother Mary Lively and one Good Colt}
   
   Sixthly} To my daughter Lucinda Dabbs I Give and bequeath one Lot of
   land (160) acres (No. 187) one hundred and Eighty Seven in the
   twenteeth District Second Section Cobb County also one negro boy named
   Green Ten years old I Give to her bodily heirs after her to be
   delivered at the death of her Mother Mary Lively}
   
   Seventhly} To my son Milton C. Lively I Give and bequeath on the
   Condition herein named Lots of Land No (205) Two Hundred and five and
   (194) one hundred and Ninty four in the Eighteenth District of
   formally Henry now DeKalb County My Will is this that the uncleared
   land on said Lots be his Said Milton C. Lively has leave to clear and
   cultivate as much as he wants to during the lifetime of his Mother
   Mary Lively and at her death he is to have the said Lots of land as
   his own in fee simple also one Negro boy names Cato Sixteen or
   Seventeen years old to be delivered at the death of his Mother one
   bale of Cotten last years Crop and a fourth part of the present years
   Crop Cotten Corn Wheet one Roan Horse also at his mothers death the
   waggon and Smith tools. At my Death one rifle Gun}
   
   Eightly} To My daughters Elizabeth Ann and Judith Matilda I Give and
   bequeath to them and their bodily heirs after them the following names
   Negros to-wit: Mingo, a man 25 or 26 years of age Edmond a man thirty
   one of thrity years of afe and Marid a woman 25 or 26 years old and
   her infant child 4 or 5 months old to be equally divided between them
   by Executors and delivered to them by Executors at the death of there
   Mother Mary Lively}
   
   Ninthly} I do further will that my Executors sell lots of land No one
   hundred and Sixty (160) and one hundred and Sixty one (161) and holf
   of lot No193) one hundred and Ninty Three in the Eighteenth District
   of originally
   Henry now DeKalb County also my Stock of Cattle except what is herein
   before bequeathed to my wife shall be sold by my Executors at their
   discretion so soon as they can convenintly also one sorrell Stallion
   Horse to be Sold likewise and the money arising from Said Sail to be
   applied to the payment of my Just debts and to the payment of Jain
   McGradys Legacy aforementioned and if any money remains after paying
   said Debt & legacy to be Equally divided among all my Children}
   
   Tenthly} As to all the rest of my property not hearein named of
   whatever nature soever I give and bequeath to my wife Mary Lively to
   have and dispose of as she pleases.
   
   Eleventhly} I do give after the death of my wife Mary to my old Femail
   Slave Delsey the priveleg of selecting amojng any of childring a hom
   unstricted by any of them
   
   Lastly} I do further appoint Isom A. Gober and John Ballenger, My
   Executors to this my last Will and Testament hereby revoking all
   former Wills by me made. In testimony whereof I have unto set my hand
   and Seal this 23rd day of Sept Eighteen Hundred and forty.
   
   Signed Sealed Published pronounced and declared by Said Charles Lively
   as his last Will and Testament in the presence of us who in his
   presence and in the presence of Each other have hereunto Subscribed
   our names:
   
   Signed: Spencer P. Wright SS Charles Lively SS
   
   Thomas C. Gober SS
   
   Thomas J. Akin SS
   
   Thomas Gober SS
   
   A True Copy of the Original on file in my Offices this 4th January
   1841
   
   E. G. Reynolds CCV
   Recorded by me this May 5th 1842