Georgia: Elbert County: William Faulkner Will, 21 April 1842 ==================================================================== 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: Christy Kestler christykestler@hotmail.com ==================================================================== Elbert County, Georgia, Will Book A, page 86-88 (LDS film #0209542) Transcribed 10-24-2002, Christy Kestler Correction 08-02-2003. Son's name changed from "Martin" to "Mastin". Note: I tried to maintain the spelling, punctuation, and capitalization of the original. I did capitalize first and last names to ensure that they would stand out. Any notes enclosed in {} are the transcriber's. {Will written and signed 21 Apr 1842. Will recorded Elbert Co, GA, 14 January 1845} In the name of God Amen. I WILLIAM FAULKNER of the state and county aforesaid, being in good health and possessed of sound mind, and memory, but knowing it is appointed for all men to die do make and ordain this my last will and Testament in manner and form following to wit, Item 1st I recommend my soul to God who gave it and my body to be burried in a decient manner. Item 2nd I will that all my just debts be paid. Item 3rd I give and bequeath unto my beloved wife SARAH during her natural life the following property (to wit) one negroe man by the name of PETER. one negroe woman by the name of ISABELLA and her increase and after the death of my said wife the above named negroes to go to and be divided between the children of my wife which she had before my entermarriage with my said wife SARAH -- Item 4th I lend unto my beloved wife SARAH during her life or widowhood the following property (to wit) one negroe woman by the name of MARY. one negroe Boy by the name of JIM. one sorrel horse named Charles. One Bay mare named Nell. one waggon and yoke of oxen. Two cows and calves & two heifer yearlings of my wifes choice. Ten head sheep of her choice. one half of my stock of Hoggs. one hundred and sixty four acres of land whereon I now live including the dwelling House Gin house. Gin and {word appears to be "seaming"} gear and thrashing machine and as many and as much of my household and kitchen furniture and plantation tools as my wife may choose and see proper to keep. all my corn wheat and Bacon and Lard and the one half of crop that may be planted or growing at my death, and all the money that my wife may make over and above a support she may dispose of it as she may think proper. but all the property which I have in this Item Loaned to my wife shall at the marriage of my wife. if she should marry again or at her death be divided between my children as hereinafter directed - Item 5th I Give and bequeth unto my son MASTIN FAULKNER one hundred acres, of land on the waters of Doves Creek, adjoining JOHN ALMAN and PHILEMON R. WILHITE being a (part?) of the tract of land whereon I now live and adjoining the that part loaned to my wife - Item 6th I have heretofore give and advanced to my son WILLIAM O. FAULKNER his full share of my estate therefore he is not to have any thing more out of my estate - Item 7th I Give and bequeath unto my grand daughter ANN BRAY when she marries or becomes of twenty one years of age Fifty dollars with the Interest on the said fifty from my death and also Fifty dollars with the Interest on the same from the death of my wife - but if my grand daughter should die before she marries or becomes twenty one years of age the two above legacies to revert to my estate and be divided as hereinafter directed - Item 8th All the property which has not been disposed of in the foregoing will I wish sold by my Executors and in selling the negroes my will is that my woman AMY and her two youngest children shall be sold together and not be parted, and I do hereby give my Executor authority to sell the property without an order of Court. and after paying the expences and reserving the fifty dollars for my grand daughter as specified in the Seventh Item of this will and the payment of my Just debts the balance to be divided into six equal shares. one of said shares I give to JOHN T. FAULKNER my son. one of said shares I give to my son MASTIN FAULKNER. one of said shares I give to JAMES J. FAULKNER. one of said shares I give to my son ASA E. FAULKNER. one of said shares I give to my daughter ANN BOOTH. and the other share I give unto BENJAMIN THORNTON senr and My son MASTIN FAULKNER in trust for my daughter SARAH STEPHENS during her natural life but if my daughter SARAH should become a widow then the share so left in trust for her shall go to and vest in my said daughter SARAH, and the trustees as above shall (lone?) out the money. and pay the Interest arising therefrom annually to the support of my daughter SARAH and her children. untill her death or untill she may become a widow. and at her death the money to be equally divided between her children if she should never become a widow. Item 9th after the death or marriage of my wife I will that all the property which I have loaned to my wife during her life or widowhood (except one fourth of an acre of land around the grave yard.) be sold and the executors are hereby authorized to sell all the estate both real and personal and after paying the expences of building a stone wall around the grave yard thirty feet by eighteen in the clear and reserving the Fifty dollars for my grand daughter ANN BRAY and paying all other expences the remainder to be divided into six equal shares. one share I give to my son JOHN T. FAULKNER. one share to MASTIN FAULKNER, one share to JAMES J. FAULKNER. one share to ASA E. FAULKNER. one share to ANN BOOTH and the other share to BENJAMIN THORNTON senr. and MASTIN FAULKNER in trust for my daughter SARAH STEPHENS under the same rules and restrictions as are directed in the Eighth Item of this will. and if my grand daughter should die bfore she Receives the legacies I have bequeath to her the money shall be disposed of the same way as I have directed the other money in this Item -- Item 10th I do hereby nominate and appoint my friend BENJAMIN THORNTON Senr and my son MASTIN FAULKNER Executors to Execute this my last will and Testament and I do hereby revoke all former wills by me made. In witness whereof I have hereunto set my hand and seal this the twenty First day of April Eighteen Hundred and Forty Two (the word) (land) interlined before signed in the fourth Item) Signed & Sealed in Presence of WILLIAM A. SWIFT, GEORGE I. BARR, Wm B. NELMS {signature and seal of Wm Faulkner} Court of ordinary January Term 1845 Personally came into open Court WILLIAM A. SWIFT, GEORGE I. BARR and WILLIAM B. NELMS who being duly sworn saith that they saw WILLIAM FAULKNER sign and seal the annexed instrument of writing as his last will and Testament and that these despondents signed the same as witnesses in the presence of the testator and at his request, and in presence of each other and they believe the testator was of sound mind at the time he executed the same. Sworn to in open Court this 13th day of January 1845... {will recorded 14 January 1845 by Wm B. NELMS}