Elbert County GaArchives Wills.....Deadwyler, Joseph November 15, 1828
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File contributed for use in USGenWeb Archives by:
Chandler Eavenson http://www.genrecords.net/emailregistry/vols/00030.html#0007294 February 7, 2007, 4:51 pm

Source: Elbert Co.will Records
Written: November 15, 1828
Recorded: March 10, 1831




WILL - Joseph Deadwyler - 15 Nov 1828 

The following Will is recorded in Elbert Co., GA Will Book N, 
1828-1831, pages 327-329: 

"State of Georgia, Elbert County) I, Joseph Deadwyler of the State and 
County aforesaid, being of sound mind and disposing memory, and calling
to mind the uncertainty of sublunary existance, and that it is appointed
once for all men to die, have thought proper to make and ordain this my 
last Will and Testament, and first, as touching spiritual concerns, I 
resign my mortal body to its mother earth from whence it came, and my 
immortal Soul to God who gave it, trusting in the merits of a crucified 
Redemer for the remission of all my sins and as touching my Temporal 
Estate which it hath pleased God to bless me with, I give bequeath and 
dispose of in the following manner (to Wit) 1st That funeral burial and 
other expenses thereto appertaining be paid. 2nd That all my just debts
be paid. 3rd It is my will and desire and I do hereby bequeath to my 
beloved wife Alice Deadwyler the plantation whereon I now live including
the Mill - and all my negroes except one by the name of Harriett, also 
all my stock of every description household and kitchen furniture 
plantation tools and everything thereto appertaining to have hold and 
enjoy for and during her natural life and at her death the whole of the 
personal estate or property to be sold and equally divided between my
sons Martin Deadwyler, Asa Deadwyler and John Deadwyler and my daughters
Ann Goss, Elizabeth Ford, Letty Webb, Nancy Webb, Polly Black and Arrena
Deadwyler to share and share alike taking into consideration what each 
one of them have heretofore received. 4th It is my will and desire, and 
I do hereby give and bequeath to my sons Martin Deadwyler Asa Deadwyler
and John Deadwyler the whole of my real estate consisting of the tract of 
land or plantation whereon I now live and one tract or lot of land in the
county of Lee in said State with all and singular the rights members and 
appurternances thereto belonging to them and their heirs forever fully to
have hold and enjoy after the death of my said wife Alice and further that
if either of my sons Asa or John should die without legitimate issue, then
and in that case, their part or share of said land should go to and vest 
in the surviving brother or brothers and their heirs by them lawfully 
begotton. 5th It is my will and desire, and I do hereby give and bequeath 
to my daughter Arrena Deadwyler one negro girl by the name of Harriett to
be estimated at the sum of    dollars, and one bed and furniture. 6th My
daughter Ann Goss has received one negro, a piece or parcel of land and 
other property to the value of five hundred and fifty seven dollars. My
daughter Betsey Ford has received one negroe and other property to the 
value of four hundred and twenty nine dollars, Letty Webb has received 
one negro and other property to the value of three hundred and ninety two
dollars, Nancy Webb has received one negro and other property to the value
of three hundred and sixty dollars and Polly Black has received one negro
and other property to the value of three hundred and eighty dollars, and 
I have in this Testament, given to my daughter Arrena a negro girl and 
one bed and furniture, but should that negro die before Arrena marries, or
before my death, then and in that case she is to have another of the same 
value, with all the increase from this time and further, that some of my 
children have received more than the others as above stated, and some have
received nothing. It is my will and desire that after the death of my wife,
and before any division takes place, that my children to wit, Martin, Asa, 
John, Betsey, Letty, Nancy, Polly and Arrena, shall have and receive out of
my personal estate as much as will make them equal to the amount that my 
daughter Ann has received, to wit, the sum of five hundred and fifty seven
dollars, so that each share and share alike in that respect before any 
division is had, and the ballance to be divided as is herein before 
mentioned. 7th I give and bequeath to my grand daughter Margarett Ann 
Deadwyler twenty dollars to be paid to her out of my estate. I having 
heretofore given off to my son Joseph Deadwyler Junr the father of said 
Margarett Ann in his life time land, money and other property. 8th It is
my will and desire that immediately after my death, that my sons Martin, 
Asa and John, take possession of my mills machines etc and keep them up
for their own use and benefit. 9th It is my will that my Executor if he 
shall think proper to sell and dispose of the lot of land in Lee which 
is herein before mentioned whenever he choses or make any disposition of 
it he pleases at private sale or otherwise so that the proceeds be divided
amongst my said three sons Martin, Asa and John. 10th I do hereby constitute
and appoint my sons Martin Deadwyler, Asa Deadwyler and John Deadwyler 
Executors to this my Last Will and testament, and hereby ratify and 
confirming this and this only my last Will and testament, renouncing all 
or any other. In testimony I have hereunto set my hand and seal in presence
of the witnesses who have attested this testament at my request, this 15th
day of November 1828. Signed Sealed and acknowledged in presence of us and
attested by us at the request of the testator on the day and year aforesaid.
                                       Joseph Deadwyler    (Seal) 
Wm. Oglesby 
Henry P. Brawner
Simeon Almond" 

The witnesses Henry P. Brawner, Simeon Almond and Wm. Oglesby gave their
authenticating affidavits on 10 Nov 1830, Court of Ordinary, November term, 
1830, said affidavits being attested by Job Weston, C.C.O. The Will was
recorded on 10 March 1831 by Job Weston, C.C.O. 

[Additional information: In the History of Elbert County, GA 1790-1935 
by John H. McIntosh it is indicated that Joseph Deadwyler was born in 
North Carolina ca 1760, the son of Martin Deadwyler, a native of Germany, 
 that Joseph married Alice Duncan, daughter of Rev. Soldier John 
Duncan, and that Joseph Deadwyler served as a soldier in the Rev. War
from North Carolina. The names Lt. Joseph Deadwylder and John Duncan 
appear on the Elbert Co. DAR monument to Rev. Soldiers in Elberton.] 



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