Dooly Co. GA WILL of BENJAMIN WEBB Submitted by Sue Webb ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ This Will was transcribed from the microfilm copy found at the Georgia State Archives for Dooly Co. It is transcribed as written little punctuation and misspelled words intact. If ?? is found within the document, then that portion of the Will was unreadable and I chose not to guess at the word(s). WILL OF BENJAMIN WEBB Georgia, Dooly County In the name of God amen. I Benjamin Webb of said state and county being of advanced age and knowing that I must shortly depart from this world deem it proper and right both as respects myself and my family that I should make a disposition of the property with which a kind providinor has helped me, I therefore make this my last Will and Testament hereby revoking and annuling all others heretofore made by me. Item 1st - I desire and direct that my body be buried in a decent and christian like manner suitable to my circumstances and condition my soul I trust shall return to rest with God who gave it, as I hope for eternal salvation through the blessed Lord and Saviour Jesus Christ whose religion I have professed and as I humbly trust enjoyed for thirty five years. Item 2nd - I desire and direct that all my just debts be paid without delay by my Executor and Executrix herein after named as I am unwilling my creditors should be delayed of their rights especially as there is no nessesity for delay. Item 3rd - I give and devise to my beloved wife Tersey with whom I lived five years in the strictest quiet and love one negro man by the name of Mitchel about thirty years of age also one negro woman by the name of Mary about fourteen years old and her increase if any hereafter also I give to her eighty acers off of the south of lot (85) eighty five begining at the branch that separates my lands from WW Chapman verring due east thence the south half of lot 76 seventy six making one hundred and eighty one acres more or less embracing the premises where I now live also I give my buggy and harness (3) three of my choise horses also ten head of my cattle and my steers and fifteen head of my sheep and all of the stock hogs after the meat hogs are out also twenty five hundred pounds of pork and five hundred bushells of corn three thousand pounds of fodder two beds and furniture and all the household and kitchen furniture and all the farming utensils and in the event my wife Tersey should die without any Heirs or making no disposition of her property which she has the right to do there it is to go to my two youngest children Sarah and Georgiann Webb. Item 4th - I give and devise to my little daughters Sarah Ann Frances and Georgiann Webb the following property jointly one negro woman by the name of Lucy about (22) twenty two years Charlotte about (13) thirteen years old Catharine about (11) eleven years old Lira a boy about (14) fourteen years old and the balanceof my settlement of land where I live being two hundred and eighty two acres more of less, two beds and furniture, to be held jointly until either marries or becomes of age then to be equally divided between the two in case they both survive but in the event one should die then the survivor to have all that was allowed for both. Item 5th - I give and devise to my son Cullen Webb five dollars in cash I also give his lawfull heirs I have given them already one hundred acres of land where they now live I also give them a negro woman by the name of Hariot about fifteen years old and I appoint my grandson Clayton Webb as trustee to take charge of the above named property. Item 6th - I give and devise to my son James Webb five dollars in cash I also give his lawfull heirs the hundred acres of land where they now live also a negro woman about seventeen years old by the name of Sofrona and I appoint my son James Webb trustee to take charge of the property for the children. Item 7th - I give and devise to my son Giles Webb one negro man by the name of Crawford about nineteen years old. Item 8th - I give and devise to my son John C Webb one negro man by the name of Green about twenty seven years old. Item 9th - I give and devise my son in law James M Everett one negro woman by the name of Caroline about thirty two years old and her three youngest children. Item 10th - I give and devise to my son Samuel Webb five dollars in cash and I also give his lawfull heirs one negro man by the name of Daniel I also give him one lot of land no (140) one hundred and fourty in the sixth district of Dooly county and I also give to him for his own proper use one hundred dollars in cash and appoint him trustee for his children to take charge of the negro man for their own use. Item 11th - I give and devise to my son William W Webb one negro man by the name of Hilyard about eighteen years old one bed and furniture. Item 12th - I give and devise to my grandson Morris Raiford one negro woman by the name of Vilot about eighteen years old and in the event that he should die before he is twenty one years old then said negroe with her increase to be equally divided among my children of my first wife. Item 13th - I give and devise the residue of my estate after carrying out my Will herein mentioned to be sold and equally divided with William W Webb and my three grand children Thomas Webb, Susan Webb, and Evaline Webb and in the event either should die the survivors to have the property if either die before they marry and become of lawfull age and also Amanda Webb to come in equal with the above grand children in item thirteen. Item 14th - I appoint my beloved wife Tersey Webb executrix and Charles Powell executor on this being a part of my last Will and Testament this April 14th 1852 Benjamin Webb (seal) Signed sealed declared and published by Benjamin Webb as his last will and Testament in the presence of us the subscribing witnesses who subscribe our names hereto in the presence of said Testor and of each other this April 14th 1852 James R Gaines Thomas J Gaines John Webb William W Chapman Court of the Ordinary July Term 1852 Before me Alexander Merriwether judge of said court personally came Charles Powell the executor of the last Will and Testament of Benjamin Webb of said county deceased and produced before me in open court the last Will and Testament of Benjamin Webb deceased and two of the subscribing witnesses to said Will wit James R Gaines and John Webb which invites being sworn depose and say that they saw Benjamin Webb the Testator sign seal declare and publish the Testament now presented as his last Will and Testament freely voluntarily and of his own accord and without any compulsion or influence whatever that at the time of the Execution of said Will said Testator was of sound and disposing mind and memory that desponants signed said Will as witnesses and in the presence of each other and in the presence of the Testator and at his special instance and request. It is therefore ordered by the court that the same be admitted to record as the last Will and Testament of the said Benjamin Webb deceased and that letters testamentory do appear to said Charles Powell upon his being qualified as such Executor.