Elbert County GaArchives Wills.....Haley, William October 2, 1830 ************************************************ 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, 3:46 pm Source: Elbert Co. Will Book N, Page 267 Written: October 2, 1830 Recorded: December 7, 1830 State of Georgia, Elbert County) In the name of God Amen I William Haley of the County aforesaid being of sound mind and disposing memory, but weak in body and calling to mind the uncertainty of human existence, and the certainty of death, have thought proper to make and ordain this my last Will and testament, in manner and form following (to wit) As touching my spiritual concerns, I resign my mortal body to its mother earth from whence it came, to be buried in a decent manner at the discretion of my Executors herein after named, and my immortal Soul to God who gave it, trusting in the merits of my Redemer for the remission of all my Sins, and as touching my worldly Estate which it hath pleased God in his grate goodness to bless me with, I give and dispose of in the following manner, to wit, Item 1st. Let all my just debts funeral and burial expenses be paid, Item 2nd. I give and bequeath to my beloved wife Mary Haley the whole of my estate real and personal for her us and benefit to have, manage and control during her widowhood with liberty of giving off to any of my children any part or portion of the property that she pleases, and when she pleases except however one negro by the name of Jo and one hundred acres of land which will be herein after disposed of. Item 3rd. I give and bequeath unto John Haley and Jesse Cash as trustees for Thomas Haley my son one negro by the name of Jo to and for the express use and benefit of my said son Thomas, but said negro to remain in possession of my wife Mary during her widowhood. Item 4th. I give and bequeath to sons John Haley, Thomas Haley and my son in law Jesse Cash all that tract or parcel of land supposed to contain four hundred acres more or less known by the name of my River plantation, to share equally between the three, the part of Thomas to be vested in John Haley as trustee aforesaid, this land they are to have at the death of my wife or when she marrys. Item 5th. I give and bequeath to Jesse Cash trustee for Ritter Adams my daughter and her children, one hundred acres of land to be run off of the upper part of the tract whereon I now live it being the place now rented out to James J. Daniel. Item 6th. It is my will, and I do hereby declair it to be so, that when my wife Mary dies or may marry that the whole of my estate real and personal together with the income be appraised and put into lots as near equal as possible and be drawn for and equally divided between James B. Adams Jesse Cash trustee for Ritter Adams and her children, the children of Henry Mann by my daughter Sally is now deceased, the children of Eastin Fortson by my daughter Tabby, Benajah Teasley in right of his wife Lucy, John Teasley in right of his wife Betsey, the children of Thomas Lane decd, to wit, John Lane and Eliza--Fortson and one share James Haley, Jesse Cash, John Haley and Thomas Haley, also Jesse Cash, as trustee for Reuben Haley, all to share and share alike except John Haley, Thomas Haley and Jesse Cash who are not to have any share of the ballance of my real estate, having giving them in my fourth Item as much of my real estate as they are to have, but to share equally with the rest herein named, of the personal property. Item 7th. It is my will that when my son Thomas Haley dies that the whole of the property real and personal of the said Thomas herein given to John Haley and Jesse Cash as trustees for the said Thomas Haley, shall be and remain vested in the John Haley and Jesse Cash their heirs and assigns forever and be equally divided between them the said John and Jesse. Item 8th. In my second Item I have given my wife Mary leave to give off property when she pleases to my children be it expresly understood that when she givs off any property the same must be valued by competent Judges, and those to whome she gives it must account for the valuation thereof upon a division of my estate, and that she must not give off to anyone more that what would be their proportionate share. Item 9th. I do hereby constitute and appoint my son John Haley, Jesse Cash, Joh Teasley my Executors to this my last Will and testament, hereby revoking all others and ratifying and confirming this and this only In testamoney whereof I have hereunto set my hand and seal this Second day of October 1830, the name of Jesse Cash interlined in second page second line before signed. Signed Sealed and acknowledged before us and by us witnessed and subscribed at the reauest of the testator, the Will being first read to the testator. Benajah Houston his James W. Harris William X Haley (L.S.) William Crawford mark Francis Gaines Georgia, Elbert County) Court of Ordinary November Term 1830 Personally appeared in open court Benajah Houston, William Crawford and Francis Gains and being duly sworn say that they and each of them were subscribing witnesses to the within last Will and testament of William Haley decd that they subscribed the same in the presence of each other and of the testator and at his request and that they saw him subscribe the same by making his mark and that he appeared to be and was in the opinion of these deponants of sound and disposing mind at the time he executed the same which was signed as aforesaid and acknowledged before these deponants Sworn to in open Court this 6th of December 1830. Attest Job Weston C.C.O. B. Houston William Crawfore, Francis Gaines Whereupon it was ordered that the within Will be recorded Attest Job Weston C.C.O. Recorded the 7th of December 1830 Job Weston C.C.O. 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