Elbert County GaArchives Wills.....Maxwell, Sr. , Thomas  December 27, 1833
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File contributed for use in USGenWeb Archives by:
Chandler Eavenson http://www.genrecords.net/emailregistry/vols/00030.html#0007294  March 5, 2010, 10:21 am

Source: Elbert Co., Ga Will Book 1829-1860
Written: December 27, 1833
Recorded: January 2, 1838

Georgia, Elbert County) I Thomas Maxwell Senr considering the uncertainty of 
this mortal life and being of sound mind and memory blessed be almighty God 
for the same, do make and publish this my last will and testament in manner 
and form following (that is to say) that all my just debts as shall be by me 
owing at my death together with my funeral expences and all charges touching 
the proving of or otherwise concerning this my will shall in the first place 
out of my personally estate and effects be fully paid and satisfied and froms 
after payment thereof and subject thereunto then my will is that all the 
ballences of my estate be equally divided among my children (to wit) John 
Maxwell Kaziah Henry William Maxwell Joel Maxwell Sarah Christian Elizabeth 
Mcmullan and James Maxwell and my will is that my son Thomas Maxwell and my 
son Jesse Maxwell and my son Elijah Maxwell and my son Jeremiah Maxwell 
receive only two Dollars each out of my estate for their part and as this is 
my last will and testament I hereby appoint my son John Maxwell and Joel 
Maxwell and William Mcmulan Executors of this my last will and testament 
hereby revoking all former wills by me made in witness whereof I have hereunto 
set my hand and seal the twenty seventh day of December Eighteen hundred and 
thirty three. 
                                      Thomas Maxwell Senr  (Seal) 
Signed sealed in presence of)
us as witnesses thereunto   ) 
William M. Almand           )
John G. Higginbotham        ) 
William P. Maxwell          ) 

Georgia, Elbert County) Court of Ordinary January Term 1838. Personally came 
in open court William M. Almand and John G. Higginbotham and being sworn saith 
that they saw Thomas Madwell Senr. sign seal and deliver the foregoing 
instrument of writing as his last will and testament and that  they signed the 
same as witnesses at the request of the Testator and in his presence and that 
they saw William P. Maxwell sign the same as a witness in the presence of the 
Testator and they believe the testator to have been of sound and disposing 
mind and memory at the time of executing the same. 
                                   William M. Almand 
                                   John G. Higginbotham 
Sworn to in oopen court this 
1st January 1838
Attest Wm. B. Nelms, C.C.O.

Georgia, Elbert County) Court of Ordinary January Term 1838. The within will 
and testament of Thomas Maxwell Senr. deceased having been duly proven at this 
regular term in open court upon the oaths of William M. Almand and John G. 
Higginbotham, ordered by the Court that the same be Recorded. Attest Wm. B. 
Nelms, C.C.O.  Recorded the 2nd of January 1838  Wm. B. Nelms, C.C.O.
Examined and approved by the grand jury at March term 1838, signed John Jones 
(?), Thos. Burton, Wm. P. Edwards, Jeremiah Warren. 


Additional Comments:
The above testator Thomas Maxwell, Sr.,was born 8 Sep 1742 Middlesex Co., VA, 
died 12 Dec 1837 Elbert Co., GA, son of Thomas Maxwell and Keziah Blake, 
married Mary Pemberton 25 Jun 1761 in VA, she died 18 Dec 1827 in Elbert  Co., 
GA.  He was a Rev. Sol., Baptist minister,and buried in the old Maxwell 
cemetery in Elbert Co. [See book "Thomas Maxwell of VA and GA and His 
Descendants" by Annie Norman, Helen Maxwell Longino, Annie Lou Maxwell, pub 
1956]  

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