Elbert County GaArchives Wills.....Fleming, Sarah 1851 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Chandler Eavenson http://www.genrecords.net/emailregistry/vols/00030.html#0007294 January 23, 2007, 12:35 pm Source: Elbert Co. Will Book A, Pages 133-135 Written: 1851 WILLS - Sarah Cunningham Fleming - Written 10 Sep 1851 The following Will is shown in Elbert Co. Will Book A, pages 133-135: "State of Georgia, Elbert County) In the name of God Amen I Sarah Fleming of the State and county aforesaid, do make and ordain this my last Will and testament in manner and form following to wit- Item 1st - I commend my soul to God who gave it and my body to the dust from whence it came to be buried in a decent manner at the discretion of my Executors. Item 2nd - I will that all my just be paid. Item 3rd - I give and bequeath unto Rutha Elmira Theodosia Fleming one negro woman Frances and her child Oritha Jane and their increase and one horse saddle and bridle and one cow and calf. Item 4th - I give and bequeath unto Sarah Fleming daughter of John Fleming one bed and furniture. Item 5th - I give and bequeath unto Nancy Fleming and Sarah Ann Fleming daughters of David C. Fleming each one bed and furniture. Item 6th - I will that all the balance of my estate both real and personal be sold by my Executors and the money divided into two equal shares, out of one half or share I give to my Executors four hundred dollars for the use and benefit of John A. Cunningham and his children, the balance of said half or share I will should be divided into three equal shares, one of said shares I give to my Executors for the use of John A. Cunningham and his children, one share I give to Franklin Cunningham and the other share I give to Elizabeth Wanslow. Item 7th - The other half of the money arising from said sale I wish to be divided into three equal shares, one of said share I give to the children of Samuel Fleming. Moses T. Fleming to account for six hundred dollars before he draws anything from this share. One other share I give to the children of John Fleming. David C. Fleming to account for two hundred dollars before he draws anything from this share. The other and last share I give to the children of David Fleming, deceased who was the brother of my husband. Item 8th - I do hereby constitute and appoint my friends Thomas Johnston and Lawrence M. Adams my Executors to execute this my last Will and Testament, hereby revoking all other Wills by me made. In testimony whereof I hereunto set my hand and seal this the tenth day of September in the year of our Lord one thousand eight hundred and fifty one. Signed Sealed and acknowledged her in the presence of Sarah X Fleming (Seal) Wm. B. Nelms mark John M. Thornton Hiram G. Adams" "Georgia, Elbert County) Court of Ordinary-January Term 1853. Personally came into open court John M. Thornton and Hiram G. Adams and being sworn saith that they together with William B. Nelms were present and saw Sarah Fleming sign the above and foregoing instrument of writing as her last will and testament and they together with said William B. Nelms signed the same as witnesses in the presence of the testatrix and at her request and in the presence of each other these deponents believe the testatrix to have been of sound mind at the time of executing the same. Sworn to in open Court ) this 10th of January 1853) John M. Thornton Attest William B. Nelms Hiram G. Adams Ordinary." "Georgia, Elbert County) Court of Ordinary January Term 1853 The within will of Sarah Fleming deceased having been proven at this regular term of the court on the oaths of John M. Thornton and Hiram G. Adams two of the subscribing witnesses, It is ordered by the Court the said will be recorded. Attest Wm B. Nelms Ordinary Recorded January the 11th 1853" [Additional information: Sarah Fleming, nee Cunningham, was named in the Will of her father James Cunningham on 13 Jan 1798, and the Will of her mother Jane Cunningham on 24 Jul 1806, both Abbeville Dist., SC, as were her siblings John, James, Samuel and Jane Carson-later Jane Moore. Sarah's brother John was the Rev. Soldier Major John Cunningham (1752-1829) whose children included Franklin and James A. Cunningham and Elizabeth Wanslow. Sarah Fleming was shown as age 85, born in Ireland, in the 1850 Elbert Co. census. She was the widow of Moses Fleming whose brother Samuel Fleming was the father of the Moses T. Fleming shown in the Will and whose 1869 Will is shown elsewhere in this Archives.] Submitted by: Chandler Eavenson File at: http://files.usgwarchives.net/ga/elbert/wills/fleming530gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 5.0 Kb