Georgia:  Elbert County:  Will of Benjamin Thornton
14 November 1853
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This file was contributed by:
Chandler Eavenson
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Elbert Co. Will Book A, Pages 143-44, reflects the Will of Benjamin
Thornton, Sr., as follows:

State of Georgia, Elbert County. In the name of God Amen. I, Benjamin
Thornton, Senr. of the State and County aforesaid
being old and somewhat afflicted in body but of sound mind do make and
ordain this my last Will and Testament in manner and form following, To Wit:

Item 1st: I lend unto my beloved wife Rebecca during her life in so long as
she may remain where we now live the tract of land whereon I now live
containing four hundred and thirteen acres more or less known as the
Middleton C. Upshaw place and at her death or when she moves off and leaves
it then I dispose it the same among my children as hereafter directed. I
also lend my wife the one half of my corn and hogs, plantation tools; this
half during her life. I lend her my buggy, ox cart, one yoke of oxen, two
head of horses of her choice and kitchen furniture during her life and ---
one half of stock of sheep dur8ing her life, and my said wife is to have her
years support out of my estate in term of the law, and it is further my will
that my wife will not have any more land cleared on the tract of land and
only have sufficient timber cut to keep up the plantation and as for fire
wood they can cut that off of tract of land belonging to my wife.

Item 2nd: I having fiven to my son Thomas considerable property and have
paid considerable money for him and I therefore give to my son Dozier
Thornton in trust for my son Thomas five hundred dollars which is all I
intend for my son Thomas.

Item 3rd: I give and bequeath unto the children of my daughter Priscilla
Hunt deceased nine hundred dollrs to be equally divided between them.

Item 4th: All the remainder of my estate both real and personal I will shall
be divided into nine shares equally, one of said shares I give to my son
Reuben Thornton; one of said shares I give to my daughter Elizabeth
Dickinson; one of said shares I give to my son Benjamin Thornton; one of
said shares I give to the children of my daughter Priscilla Hunt decd. to be
equally divided between them; one of said shares I give to the children of
my son John Thornton deceased to be equally divided between them; one of
said shares I give to the children of my daughter Sarah Higginbotham to be
equally divided between them; one of said shares I give to my daughter Mary
Almond; one of said shares I give to my son Dozier Thornton; the one fifth
parft of the other share I give to my son Dozier Thornton in Trust for the
sole and seperate use of my grand daughter Elizabeth Alis McMullan formerly
Thornton the other four fifths of said share I give to be equally divided
between the other children of my son Daniel Thornton deceased, and if there
is children of those two daughters of my son Daniel the child or children to
draw the part or share which their mother would have been entitled of this
share.

Item 5th: I will at the death of my wife that all the estate both real and
personal be sold and the money shall go to and be divided in the same way
and to the same persons as directed in the fourth Item of this Will and I do
hereby authorize my executors to sell this lands in order to make divisions
of my estate. I do direct and Will that my Executors shall give up to my son
Thomas all notes Executions or other demands which I hold against him and
not to collect the money from him as I do release him from the payment
thereof by this Will. I do hereby appoint my son Dozier Thornton Executor to
execute this my Will and Testament. In witness whereof I hereunto set my
hand and seal this 14th day of November 1853 Interlined before signed in two
places on the first and second pages. Signed Benjamin Thornton, Senr., his
mark, Seal. Signed, sealed and acknowledged by Benjamin Thornton, Senr. as
his last Will and Testament in our presence, this 14th of November 1853. W.
J. Clark, James J. McAlistir, William Johnston.

The above Will was proved in the Elbert Co. Court of Ordinary on 4 March
1854.

[Submitters notes: The son Thomas Thornton was living in Monroe Co.,
Mississippi where he died in 1877 at the age of 77.
Benjamin Thornton, Sr. moved to Elbert Co. prior to 1806 from Warren Co., NC
where some of his children had been born.
His first wife was one Sarah and the mother of all of his children. He
married 2nd on 21 Jan 1836 in Elbert Co. to Mrs. Rebecca Cook Upshaw, widow
of John Upshaw, Jr. The 1850 Elbert Co. census shows Benjamin as age 75,
born in NC. The Will of William Kendrick dated 12 Jan 1776 in Bute Co., NC
(later Warren Co.) named wife and children and stated "to my grandson
Benjamin Thornton 40 shillings Virginia money to be paid to him when he
shall arrive to the age of 18 years."]