Elbert County GaArchives Wills.....Upshaw, John February 26, 1831 ************************************************ 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 24, 2007, 7:59 pm Source: Elbert Co. Record Book 1830-35, Page 472 Written: February 26, 1831 Recorded: October 28, 1834 In the name of God Amen I John Upshaw of the County of Elbert and State of Georgia do make publish and declare this to be my last Will and Testament in manner and form following (that is) First. My will is that all my just debts be paid. Secondly. I give unto my son James Upshaw all that tract or parcel of land containing one hundred and ninety six acres more or less whereon the said James now lives in the county aforesaid; Also one negro woman by the name of Kisey; Also all the tools belonging to my joiners shop except the bench plains and turning tools, to him and his heirs forever. Thirdly, I give unto my son George Upshaw all the lands whereon I am now living with the improvements thereon. Also my blacksmith tools; Also my bench plains and turning tools to him and his heirs forever. Fourthly. My will is that the whole of my property not heretofore mentioned be divided among my children and two grand children namely Ann Stubbs, Catherine Smith, Leroy Upshaw, James Upshaw, George Upshaw and Middleton C. Upshaw and Joel Hardman in the right of his wife In manner and form following that is my five children heretofore named have share and share alike and my grand son Middleton C. Upshaw and Joel Hardman in the right have half a share Each that is both together making a share Equal to one of my Children; My will that the said Joel Hardman have none of my Negroes but to have his part or portion paid in money arrising out my Estate by my hereinafter named Executor. As soon as the same can be collected from the sale of any property sold for that purpose. As my Executor at any time my think proper. Fifthly I do hereby appoint my son James Upshaw sole Executor of this my last Will Testament In Witness whereof I have hereunto subscribed my name and seal this 26th day of Feby. In the year of our Lord one thousand Eight hundred and thirty one. Signed sealed published and declared by the Testator as and for his last Will and testament. In the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto. Test his Benajah Houston John X Upshaw (L.S.) Thomas Jones mark Thomas J. Smith Whereas I John Upshaw of the County of Elbert and state of Georgia have made my last Will and Testament bearing date the twenty six day of February in the year one thousand eight hundred and thirty one Now I do by this my writing hereby declare to be a Codicil to my said Will and to be taken as a part thereof as follows. 1st I give and bequeath to my daughter Ann Stubbs one negro boy by the name of Daniel to her and her heirs forever. 2nd I give and bequeath to my daughter Catharine Smith one negro boy by the name of Jackson which she has now in possession to her and her heirs forever; 3rd I give and bequeath to my son Leroy Upshaw one negro boy by the name of Willis to him and his heirs forever. 4th I give unto my son James Upshaw one negro woman by the name of Lucy and all her increase to him and his heirs forever. 5th I do hereby desire that the negroes here named to my above named children for them to have and to hold extra of any thing setforth in my Will heretofore named; I also desire the said negroes above named that is not in posession of my above named children do belong to them extra as above stated, at my death if I should not deliver them before and I do hereby desire that this my present codicil be annexed to and made a part of my last Will and Testament to all Intents and purposes. In Witness whereof I have hereunto set my hand and seal this the eleventh day of May one thousand eight hundred and thirty four. signed sealed published and declared by the Testator as a Codicil to be annexed to his said last Will and Testament in the presence of us as witnesses hereto. Test his Haley Butler John X Upshaw William Bond mark Georgia, Elbert County) Court of Ordinary adjourned Term October the 27th 1834 Personally appeard in open court Benajah Houston, Thomas Jones and Thomas J. Smith and being duly sworn saith that they were present and saw John Upshaw the within named Testator sign seal and acknowledge the within instrument of writing to be his last will and Testament and that he the said Testator was of sound mind and memory at the time he executed the same and that they were witnesses to the same and signed in the presence of each other and of the Testator at his request Sworn to in open court this 27th October 1834 Attest Wm. B. Nelms C.C.O Benajah Houston Thos. Jones Thomas J. Smith Georgia, Elbert County) Court of Ordinary September Term adjourned to this the twenty seventh day of October 1834. Personally appeared in oopen Court William Bond and Hailey Butler the two subscribing witnesses to the within and foregoing Codicil of John Upshaws Will and after being duly sworn deposeth and saith that they saw the said John Upshaw sign seal and deliver the above and foregoing as a Codicil to his last Will and Testament and that they signed the same as witnesses by his request and in his presents and in the presents of each other and that the said John Upshaw was of sound mind and disposing memory at the time of signing the same sworn to in open court October 27th 1834. Attest William Bond Wm. B. Nelms C.C.O. Haley Butler Whereupon it was ordered to be Recorded Attest Wm. B. Nelms C.C.O. Recorded the 28th October 1834 Wm. B. Nelms C.C.O. 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