Fayette County GaArchives Wills.....William J. Brassell July 26 1861 ************************************************ 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: Linda Blum-Barton http://www.genrecords.net/emailregistry/vols/00003.html#0000645 October 3, 2003, 11:09 pm Source: Fayette County GA Probate Court Written: July 26 1861 Recorded: July 16 1863 PG 221 - 223 Georgia} Fayette County} We the undersigned as Legatees and distributees under the will of William Brassell which will is dated June the twenty ninth eighteen hundred and sixty (June 29th 1860) In order to carry out the intention of said Testator and prevent future litigation, agree that said will shall be construed as follows, and the division of said property under said will shall be as follows by the administrators on said estate with the will annexed, that the will shall be construed as follows, That it was the intention of the Testator that Mose, a Negro man, bequeathed to Delila Moses; Isaac, a Negro boy, bequeathed to Martha Brassell; Madison, a Negro boy, bequeathed to John C. Brassell; Russill? a Negro man bequeathed to Alva F. Brassell, should be given to them in lieu of the advancements made by the Testator in his lifetime to James M. Brassell, Sally Alford, Celia Cavennah, Jabez M. Brassell, Phillip H. Brassell and Ludicy Alford and that said Negroes above specified be delivered to said Legatees, as mentioned in said will to make them equal with those legatees above named, who received advancements in the lifetime of the Testator. We further agree, that the administrators with the will annexed be authorized to execute, to Britton W. Brassell, a good and sufficient title to a certain Negro boy named Simon about fourteen years of age, belonging to the estate of said Testator in order to make him equal with the balance of the legatees, he having received nothing by advancement nor specific legacy under the will, Tilda a Negro girl mentioned in said will, to be disposed of according to said will, and we all agree and consent, that acre of ground including the family grave yard, with the right of way to the same, shall be reserved by the administrators with the will annexed, and not sold or deede to any person, and that said administrators shall erect suitable and neat? monuments over the graves of the Testator and his deceased wife, and William J. Brassell, his deceased son, and also erect a suitable monument to the memory of Titus L. Brassell deceased all to be paid for out of the estate or assets of said estate; Then the balance of the property of every description belonging to said estate to be legally sold by said administrators with the will annexed (as the same cannot be divided equally to the interest of the Legatees) and the proceeds of said sale be equally divided amongst all the Legatees, mentioned in said will to wit, Sally Alford, Celia Cavannah, James M. Brassell, Delila Moses, Martha Brassell, John C. Brassell, Jabez M. Brassell, Phillip H. Brassell, Britton W. Brassell, Ludicy Alford and Alva F. Brassell. Given under our hands and seals this the 26th day of July 1861. Attest Signed sealed and delivered in the presence of L. D. Padgette R. R. Rogers J. P. P. H. Brassell (LS) John C. Brassell (LS) Jabez M. Brassell (LS) Alva Brassell (LS) B. W. Alford (LS) Ludicy M. Alford (LS) Willis Brassell (LS) Martha Brassell (LS) Delilah Moses (LS) Britton W. Brassell (LS) Attest Signed sealed and delivered of us this May 20th 1863 B. W. Alford Joseph L. Bishop JP (LS) James M. Brassell (LS) Scott County Mississippi Spire (his mark) Alford (LS) Scott County Mississippi Sally (her mark) Alford (LS) Scott County Mississippi Celia (her mark) Cavenah (LS) Scott County Mississippi State of Mississippi} Scott County} I B. W. Bonds? Clerk of the probate court in and for said County and State hereby certify that the above Joseph L Bishop whom subscribed the foregoing Testament as a witness is one of the acting Justice of the Peace in and for said county duly authorized as such with full power to administer oaths and witness ?????? under the statutes of this State and that his signature aove subscribed is genuine. In testimony whereof I have hereunto subscribed my official signature and affixed the seal of my office this May 21th 1863. B. W. Bonds Clerk Probate Court of Scott County State of Mississippi} Scott County} I James W. Wafford Judge of the probate court in and for said county and state do hereby certify that the above named B. W. Bonds who subscribed the above and foregoing certificate as clerk of the Probate court of said County and affixed the seal of said court thereto is in deed commissioned as such and duly authorized to ??? the seal of said court and that his signature subscribed to said certificate is genuine. In testimony whereof I have hereunto subscribed my official signature and affixed my ???ate seal, and seal of said court this 21st day of May A. D. 1863 J. W. Wafford Judge of Probate Court of Scott County Recorded this 16th day of July 1863 Geo C. King Ordinary and Exofficio Clerk Additional Comments: Disposition of Will/Annex This file has been created by a form at http://www.poppet.org/gafiles/ File size: 5.4 Kb