Elbert County GaArchives Will of Daniel Thornton, 11 Feb 1837 ************************************************ 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 Wills of Daniel Thornton, proved 2 Mar 1846 and 6 Sep 1847. There are two recorded Wills of Daniel Thornton in Elbert Co., GA, one signed 29 Feb 1836 and the other signed on 11 Feb 1837. The body of the Wills show it was the same Daniel Thornton making both Wills and with the same wife and children in both Wills. The first Will is found in Elbert Co. Book 1835-1860, Court of Ordinary, Mixed Records, Wills, Marriages and Estates, pages 90 and 91. The second Will is recorded in the same book, page 130. The first Will was witnessed by Joseph Blackwell, William Whitman and Thomas Jones, was proved on 2 March 1846 by Joseph Blackwell and Thomas Jones, and recorded on 3 March 1846 by Wm. B. Nelms, C.C.O. This submitter has no explanation as to how two Wills of Daniel Thornton could have been proved and recorded on different dates unless the first Will was proved and recorded after his death, then later a second Will was discovered, proved and recorded. The second Will is shown below: "Georgia, Elbert County In the name of God Amen, I Daniel Thornton of the state and county aforesaid am now through the mercies of God, sharing a reasonable state of health and am also enjoying of perfect mind and memory and knowing that life is uncertain and that all men have to die. Do make ordain and publish this my last Will and Testament in the following manner and form -viz - I do give and bequeath unto my beloved wife Sarah Thornton all the tract of land whereon I now reside during her life or widowhood and then to go into the possession of my son William D. Thornton and be held by him as trustee for his children and at his death to be equally divided between his said children. And all of the rest of my property negroes stock of all kinds household and kitchen furniture plantation tools etc after the payment of my just debts I give and bequeath unto my said wife Sarah Thornton during her lifetime or widowhood and then to be divided into two shares or lots and one share or lot to go into the possession of my son William D. Thornton and be kept and held as trustee for his children and at his death to be equally divided amongst his said children and the other lot or share to go into the possession of William Bell to be kept and held as trustee for my beloved daughter Elizabeth Bell during her lifetime and at her death to be equally divided between her children. And I do hereby nominate constitute and appoint my said wife Sarah Thornton my executrix of this my last Will and Testament hereby revoking all other and former Wills by me at any time heretofore made. In witness whereof I have hereunto set my hand and seal this eleventh day of February one thousand eight hundred and thirty seven. his Daniel X Thornton Sen [Seal] Signed, sealed and delivered and acknowledged in the presence of us Jhonson Akin, Jacob M. Cleveland, J. P., Robt McMillan, J.P." The above Will was proved in the Court of Ordinary, September Term, 1847, by oath of Johnson Akin and Jacob M. Cleveland on 6 September 1847, signed Robt Mcmillan, Attest Wm. B. Nelms, C.C. O., and recorded on 10 September 1847. [Submitter's notes: Elbert Co. marriage records show that one William D. Thornton married Sarah W. Cleveland on 7 Jan 1829, and that one Elizabeth Thornton married William Bell on 6 Feb 1817. The above Daniel Thornton is not the same Daniel Thornton who was the son of Benjamin Thornton, Sr.] Submitted by: Chandler Eavenson