Georgia: Elbert County: David Clark Will, 5 November 1845 ==================================================================== 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: Laraine Wood LWood12910@aol.com ==================================================================== DAVID CLARK'S WILL 1845 GEORGIA, ELBERT COUNTY In the name of God Amen. I David Clark of the state and county aforesaid knowing that it is appointed unto men, once to die and being old and feeble, yet of sound mind and disposing memory, do now make this my last will and Testament, hereby revoking all others by me made. Item the 1st. I will that my body after death be decently buried. Item the 2nd. I will that all my just debts be punctually paid. Item the 3rd. I will that the part of my tract of land call Glovers tract lying on the south side of Glover's branch containing two Hundred thirteen and a half acres more or less, also my two lots of land in the first district of Coweta County No. 301 and No. 304 should be sold and the money arising from said sale to be equally divided between my three daughters, namely Elizabeth Mathews, Mildred Willis and Eliza Hudson , in as much however as my Mildred and her husband Thomas (F.?) Willis is now living on that part of the Glover tract of land and may keep the same at valuation already made on the same by William H. Jack John Downs and John (Gunter?) which was three dollars pr. acre furthermore my daughter Elizabeth and husband Philip Mathews has a small part of the same tract of Glover land inclosed, and said Mathews is to have the same at the aforesaid valuation to wit three dollars pr. acre, but as the balance of the above named land in the third item, to wit, No. 301 and 304 in the first district of Coweta County may not bring money enough to make up my other two daughters to the same valuation of Mildred's part, then the other two daughters are to be made up equal to that amount before said Mildred draws anything on the sale of any property herein after specified, and the same also to take place with my daughter Elizabeth for the valuation of that part which her husband has in possession. Item 4th. I will to Salona J. T. Clark daughter of my son John T. Clark, one thousand dollars, which is to be taken out of the sale of property hereafter named. Item 5th. I will that the tract of land whereon I now live be sold to the highest bidder on a twelve month credit also my stock of every kind all of my grain my household and kitchen furniture my plantation tools of every description. and I will that all my Negroes (except old Isaac) be appraised by three disinterested men and be drawn for by my legatees and than an equal division to take place between all my legatees, who will hereafter be mentioned first taking out of the above named property one thousand dollars for Salona J. T. Clark and enough to make my daughters Elizabeth and Eliza equal to my daughter Mildred and then an equal division to take place between my following legatees and as I may direct, to wit, Elizabeth Mathews, Mildred Willis, Eliza Hudson, David Edwards son of my daughter Mary, Henry H. Crosby in trust for my daughter Lucinda, the same not to be subject to his debts nor controlled by him any further than a necessary support for my daughter Lucinda and her children, and David Bell in trust for my son Christopher Clark not to be subject to his debts, but the trustee is at liberty to let him control the property in any way he may think proper except paying off his debts now contracted and Salona J. T. Clark, but all the property I have willed her, to wit, Salona J. T. Clark is to revert back to my legatees if she dies before she becomes twenty one years of age or marries. Item 6th. I will that my old man Isaac choose his master and twenty dollars pr. year be given to the man whom he chooses as long as Isaac lives to help support him. Item 7th. In addition to what I have already willed Henry H. Crosby in trust I will him the following property in the same way. One lot of land lying in the 12th district of Early County No. 52 but the said Cosby is at liberty to sell said land and appropriate the money arising therefrom to the benefit of my daughter Lucinda and her children and at the death of my daughter Lucinda if there be any property left that is willed Henry H. Cosby in trust that it be equally divided between my daughter Lucinda's children. Item 8th. I will that all my notes dues and demands be divided between my legatees as directed in item the fifth also everything that I now own or may be in possession of at my death not inserted in this will be divided as above directed in Item the fifth. Item 9th. I do hereby constitute and appoint Madison Hudson and David Bell Executors to this my last will and testament in testimony whereof I do hereunto set my hand and affix my seal this fifth day of November 1845. signed and acknowledged before us William Willis Benjamin Herndon David Clark John t. Willis (signed) Georgia, Elbert County Court of Ordinary May Term 1846 Personally came into open court William willis and Benjamin Herndon and being sworn saith that they saw David Clark sign and seal the forgoing instrument of writing as his last will and Testament and that these (deponants?) together with John T. Willis signed the same as witnesses in the presence of the testator and at his request and in the presence of each other and these (deponants?) believe the testator to have been of sound and disposing mind and memory at the time he executed the same. Sworn to and subscribed in open court this 4ht day of May 1846 Attest Wm. B. Nelms c,c,o, William Willlis Benjamin Herndon Georgia, Elbert County Court of Ordinary May term 1846 After hearing the within will read and proving the same it is ordered by the court that the said will be Recorded. Attest Wm. B. Nelms c,c,o, Recorded the 8th day of May 1846 Wm. B. Nelms, c, c, o,