Elbert County GaArchives Wills.....Gibbs, William July 27, 1828 ************************************************ 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 May 25, 2007, 7:56 pm Source: Elbert Co. Book N, Old No., 1825-1829, Page 451 Written: July 27, 1828 Recorded: March 9, 1829 State of Georgia, Elbert County) In the name of God Amen I William Gibbs, being weak in body but of sound mind and disposing memory and calling to mind that it is appointed once for all men to die, and that I am fast passing from transetory time to immortality, have thought proper to make and ordain this my last Will and testament, and first, I consign my mortal body to its mother earth from which it came to be buried at the discretion of my Executors hereinafter named, and my immortal Soul to God who gave it trusting in the merits of a crucified Redeemer for the Remission of all my Sins. And touching my Temporal Estate which it has pleased divine providence to bless me with, I give bequeath and dispose of in the following manner (to wit). First, that my funeral and burial expences be paid. Second, that all my just debts be paid by my Executors from the sale of my crop on hand and from the sale of any part of my real or personal estate, as in their judgment shall seem best. Item 3rd. It is my will and desire that after my just debts are paid out of my estate, that the whole of the ballance of my estate real and personal go to and be vested in my beloved wife during her natural life, or widowhood, under the superintendence and management of my Executors herein after mentioned except one negro girl Charity which I gave and bequeath to my daughter Milly Gibbs when she marries or becoms of age and if the said negro girl Charity should die before the said Milly marries or becoms of age, then and in that event she is to have a negro girl out of my estate equal in value, as also except one negro girl Anister which I give and bequeath to my son Francis Gibbs when he marryes or becoms of age and if the two negroes so given should not at my death be equal in value to the negroes which I have already given off to my other children, then my Executors shall pay up out of my estate to the said Milly and Francis what will make them equal in value with the others, this to be judged of by my Executors, but in the event of my said wife Elizabeth Gibbs marring then she is only to have a decent suport of my estate for her self which is to be adjudged by my said Executors hereinafter named. Item the 4th. It is my will and desire that after the death of my wife Elizabeth that my said estate both real and personal together with the increase thereof (except the two negroes herein before excepted) be equally divided, in the following manner (to wit) one equal share to the children of Richard Richardson begotton of his present wife Nancy formerly Nancy Gibbs , one equal share to the children of Thomas F. Gibbs lawfully begotton, one equal share to Fortson Gibbs, one equal share to the children of Isaac N. Bolton begotton of his present wife Rachal formerly Rachal Gibbs, one equal share to Milly Gibbs, and one equal share to Francis Gibbs, making six equal shares, to share and share alike, except the children of Isaac N Bolton from which their must be a duction of two hundred dollars on account of my having given heretofore to the said Isaac N Bolton one negro more than to the others of my children. Item the 5th. It is my will and desire that my Executors should purchase a good tract of land for the purpose of settling my wife and family upon, together with my negroes so as to keep all together during the life of my said wife, the purchase of which land is to be paid out of my estate at the discretion of my Executors from the sale of any of my estate real or personal with all necessary expences attending the settlement of the same and at the death of my said wife the said land to be a part of my estate if it should be paid for out of my estate. Item the 6th. It is my will and desire that in division of my estate whatever upon any pretence or hapning whatever shall take place during the life of my wife that if she should marry, that the estate still remain in the hands of my Executors, and she draw from them a decent support for her self by them to be adjudged of for and during her natural life. Item the 7th . I am indebted to my Executors and my Executors may have to advance money for me and on account of my estate, it is therefore my will and desire that they should retain the same out of my estate before any division should take place. 8th. I do hereby constitute and appoint my two sons Thomas F. Gibbs and Fortson Gibbs my Executors to this my last Will and testament hereby revoaking and renouncing all others, and ratifying and confirming this, and this only, and it is also my desire that Jeptha V. Harris should counsel, aid and assist, advise etc. my said Executors in carring this my Will in to effect. In Witness whereof I have hereunto set my hand and seal this 27th day of July 1828. Signed Sealed and acknowledged in presence of us and by us attested at the request of the testator. Wm. Gibbs (L.S.) Benajah Houston, Jesse M. Davis, R. L. Critintun Georgia, Elbert County) Court of Ordinary March Term 1829 Personally appeared in open court Benajah Houston and being duly sworn saith that he was a subscribing witness to the within Will, and that Jesse M. Davis, R. L. Critintun were also subscribing witnesses to the same, that they and each of them subscribed the said Will in the presents of each other and in the presence of the said testor William Gibbs and that they said testator was of sound and disposing mind at the time of executing the same. Sworn to this 2nd March 1829. Attest Job Weston C.C.O. B. Houston Whereupon it was ordered to be recorded. Attest Job Weston C.C.O. Recorded the 9th March 1829 Job Weston C.C.O. Additional Comments: The testator Dr. William Hasell Gibbs (1765-1829) was married to Elizabeth "Betsy" Fortson (1767-after 1828), daughter of Rev. Soldier Lt. Thomas Fortson, Jr. (1742-1824) and wife Rachel Winn of Caroline and Orange Cos., Virginia and Elbert Co. 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