Floyd County GaArchives Wills.....Ward, William April 20 1849 ************************************************ 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: Sue Ward tennissue400@sbcglobal.net and Gary Hawley ghawley@cablelynx.com November 14, 2004, 11:50 pm Source: Floyd County Georgia Wills Written: April 20 1849 Recorded: August 29 1854 State of Georgia ) Floyd County ) In the name of God, Amen, I William Ward in the state of Georgia of advance age and sound and disposing memory and knowing that I must shortly depart this life deam it proper both as respects myself and my family that I should make a disposition of the property with which akind providence has blessed me do therefore make this my last will and testament hereby revoking all other wills heretofore made by me. Item the first I desire and direct that my body be buried in a decent and Christian like manner suitable to my circumstances and condition in my life my soul I trust shall return to rest with God who gave it. Item the second I desire and direct that all my just debts be paid without delay by my Executors here in after appointed as I am unwilling my creditors should be delayed in their rights as especially as there is no necessity for delay. Item 3rd I give bequeath and devise to my beloved wife, Sarah Ward with whom I have lived in the strictest quiet for a number of years for and during her natural life only all that Part of lot of land number one hundred and seventy in the fourth district of the fourth section on which my house as now situated upon it being ten acres more or less and that portion of lots of land numbers three hundred and twenty four and two hundred and eighty eight in the twenty third District of the third section of originally Cherokee now Floyd County which lies south of the branch which runs through said lots containing in all some fifty acres and which is now closed and in cultivation I also give and bequeath to wife for and during her natural life only my negro man Stephen negro woman by name Mirah a negro boy Barney a negro Girl by name Anna and a negro Girl by name Hammitt to have and controll during her natural life and which bequests are made to my wife and in lue of her whole dower and at her death or marriage. The said property is given and bequeathed to be disposed of as follows the negro man by name of Stephen I give and bequeath to my son Seth Ward. The negro woman by name of Mirah and all her further increase to my son Samuel Ward. The negro boy by name Barney I give to and beaqueath to my daughter Nancy Simmons and wife of Irby Simmons to have sole and separate use for and during her natural life and for and exempt from the debts and liabilities of her present husband or any further Husband and at her death to such child as children as she may have. The negro Girl Hammitt I give and bequeath to my grand daughter Jane? Ward daughter of Jackson Ward, decd, the negro girl Anna. I give and bequeath to my daughter Mrs. Eady Richardson Item 4th I give and bequeath to my son Samuel Ward my negro woman by name of Dinah my negro man by name of Willis to my negro boy by name Abram Item 5th I give and bequeath to my daughter Nancy Simmons wife Irby Simmons for her sole and separate use for and during her life for and exempt from the debts (of husband) and liabilities of her present or a future husband the following property (to wit) a negro boy by the name of Orange I give and bequeath to Everst Hubson oldest son of the said Nancy Simmons also I give and bequeath to my said Daughter my negro Girl by the name of Manda for sole use and benefit for and during her natural life and to be free and exempt from the debts of her present or any future Husband which she may have on her decrease to such child or children as she may leave. Item 6 I give and bequeath to my Daughter Eady Richardson (wife of Morgan Richardson Deceased, for her sole and separate use for and during her natural life only and free & exempt from the Debts and liabilities of her present or any future Husband’s the following property towit; a negro boy by the name of Levy and a negro Girl by the name of Enza and as on her decrease to such child or children as she may leave Item 7th I give and bequeath to my son Seth Ward my negro woman by the name of Mary and her child by the name of Mirah and all her future increase. Item 8th I give and bequeath to my daughter Julia Jinks, and wife of William Jinks my negro woman Clara and her children Isaac and a negro girl Pandis and my negro man Ned Item 9th I give and bequeath to my daughter Mary Miles and wife of Gowan P. Miles My negro woman by the name of Sousey about forty five years of age my negro boy by the name of Braddock about eight years old my negro Girl by the name of Sarah Ann about three years old Item l0th I give and bequeath to my Grand Daughter Jane Ward daughter of Jackson Ward Decd my negro boy by name Ciza about seven years old and my negro boy Gains about seven years old Item llth I give and bequeath to my Grandson William Ward and son of Samuel Ward my negro boy Jacob about one year old Item l2th I give bequeath and desire to my sons Samuel Ward and Seth Ward my Daughter Julia Jinks wife of William Jinks and Nancy Simmons wife of Irby Simmons my plantation and land which I now live on consisting of lots and land numbers two hundred and eighty eight and three hundred and twenty four in the twenty third Distrct of the third Section and part of lot of land number two hundred and seventy in the fourth district of the fourth section of said tract on portion of land as after the death of my beloved wife of Sarah Ward to be sold and the proceeds to be eaqually divided between my son Samuel Ward, my son Seth Ward, my daughter Julia Jinks wife of (William Jinks) my daughter Nancy Simmons wife of Irby Simmons Item l3th I give and bequeath and desire to my son Samuel Ward all that apportion of lots of land number two hundred and eighty eight and three hundred and twenty four from which an in the twenty third District of the third section which I have not devised to my wife Sarah Ward for and during the natural life of my said wife to have the control of and entire use of said lots of Land with the appurtenances there of belonging, in or during the natural life of his mother Sarah Ward a portion of said lots now land an in cultivation. The said Samuel Ward is to have the entire use and control of said lots of land and the farm except that part devised to my wife Sarah Ward for and during the natural life of my said wife and then to be disposed of as specified in Item l2th of this will, l2th, Item l4th I hereby constitute and appoint my son Samuel Ward and my son Seth Ward Executors to this last will and Testament this the twentieth day of April l849. William Ward (Seal) Signed and sealed and delivered and published by William Ward as his last will and testament in the presents and in this subscribing witnesses who subscribed our names hereunto in the presence of said Testator at his special instance and request and of each other this April 20, l849. Joel Mann William H. Holder Marion M. Mann Alford B Counter State of Georgia Floyd Couinty Whereas, I William Ward of the County of Floyd and State of Georgia did, on the twentieth day of April in the year of our Lord one thousand eight hundred and forty nine l849 make and publish my will and Testament in the present of Joel Mann, William H. Holder Marion M. Mann and Alfred B. Coulter as subscribing witnesses in which said will I did devise and bequeath to my wife Sarah Ward for her and during her natural life parts of lots of land numbers three hundred and twenty four (32) and two hundred and eighty eight (288) in the twenty third District of the Third section and after her death said lots of land to be sold and proceeds to be eaqually divided between by two sons Seth Ward & Samuel Ward my two daughters Julia Jinks wife of William Jinks and Nancy Simmons wife of Irby Simmons which said numbers of land was by mistake put down as specified. Now know all by these presents that I William Ward do this day make and declare this is my codicil to my said will so made and set forth and to explain said mistakes as to said land that mistake of lots of land so as set forth in my said will I do devise and bequeath to my said son Samuel Ward my son Seth Ward my daughter Julia Jinks my Daughter Nancy Simmons all my ral estate beside being lots of land three hundred and/ sixty (360) and three hundred and twenty one (321) in the twenty third/ district of the third section of originally Cherokee now Floyd County and part of the lot number two hundred and seventy in the fourth district of the fourth section in said county to be/ sold and my Executors after the death of my wife Sarah Ward to be eaqually divided between the said Seth Ward Samuel Ward Julia Jinks and Nancy Simmons as before mentioned Item 2nd to this codicil I do further devise that all my stock consisting of horses hogs cattle and sheep household and kitchen furniture and such other stock or produce as may be on hand to be sold by said Executors heretofore appointed and the proceeds arising from the sale of said property to be eaqually divided between my wife if she be living and all my children towit Seth Ward Samuel Ward Julia Jinks Nancy Simmons Eady Richardson and to Mary Miles and my grand Daughter Dorcus June Ward daughter of Jackson Ward Decd. Item 3. I do hereby appoint and constitute my two sons Samuel Ward and Seth Ward my executors to carry out this my codicill to my last will and testament made and declared this 20th day of April l849. November l849 this seventh day of November 1849- William Ward (seal) Signed sealed declared and published (in this, by William Ward as a codicil to his last will and testament in the presence of the subscribing witnesses who subscribed our names hereunto in the presence of the said testator and at his specified instances and request and in the presence of each other this Nov 7th l849. Joel Mann Marion M. Mann William H. Holder Alfred B. Coulter State of Georgia Floyd County Before me Jesse Lambirth ordinary in and for said County and vocation personally came Samuel Ward one of the Executors of the last will and testament (with codicil amended) of William Ward late of the state of Texas deceased and produced before me the last will and testament (with codicil amended) of the said William Ward deceased and two of the witnesses of said will and codicil to wit Alfred B. Coulter and William H. Holder which witnesses being duly sworn disposeth and say that the said William Ward the testator sigend sealed and declared and published this instrument now presented as to his last will and testament with codicil amended freely voluntarily and of his own accord and without any compulsion or influence whatever that at the time of the Executions of said Will and codicil said Testator was of sound and disposing mind and memory. That deponents signed said Will and codicil as witnesses in the presence of the Testator and at his special instance and request in the presence of each other. Sworn to & submitted before me this first day of August l854. Alfred B. Coulter Jesse Lambirth Wm H. Holdin State of Georgia in Floyd County I Samuel Ward do solemnly swear that this writing contains the last will and testament with codicil amended of the written named William Ward deceased so far as I know and believe & that I will and truly execute the same by paying first the debts and then the legacies contained in said will and codicil as far as his goods and chattles will thereunto extend and the law charge me and that I will and make a true and perfect inventory of all such goods and chattles so help me God. Samuel Ward Sworn and subscribed before me this first day of August A.D. l854 Jesse Lambirth ordinary Letters Testamentary State of Georgia ) Floyd County) By Jesse Lambirth ordinary in and for said County. To all whom presents shall come Greetings Know ye that in the first day of August in the year of our Lord Eighteen hundred and fifty-four the last will and Testament of William Ward deceased was produced and approved and allowed of the said William Ward having in his lifetime and at the time of his death estate within the county aforementioned By means whereof the approbation and allowing of the said last will and testament and the power of granting the Administration of all and singular the Estate of said Deceased and letters testament any manners or way concerning to the ordinary does of of right belong. I Jesse Lambirth ordinary as aforesaid therefore grant and commit the Administration of all and singular the Estate aforesaid and letters Testament unto Samuel Ward one of the nominated Executors of the said deceased in his said last will and testament the said Samuel Ward being first sworn on the Holy Evangelist of Almighty God well and faithfully to administer and make a perfect inventory of all and singulars the Estate of said Deceased and exhibit the same in the ordinary office in the Couinty aforementioned in the order to be recorded on or before the fifth day of November next insuing and to render a just and true account calculation and reckoning there of when thereunto required in testimony whereof I have officially set my hand and seal of office at office this 7th day of August AD l854. Jesse Lambirth ordinary Recorded August 29th AD l854 by John W. Mayo Additional Comments: William Ward's will was written 20 April 1849, his son Samuel proved the will on 1 Aug 1854 and recorded on 29 Aug 1854. The will states that William Ward was late of Texas. It appears that William and son Seth went to Texas circa 1851/2, son Samuel went to Polk County Arkansasat the same time. At William's death, Samuel returned to Floyd County Georgia to prove the will and settle William's estate. File at: http://files.usgwarchives.net/ga/floyd/wills/nwl31ward.txt This file has been created by a form at http://www.genrecords.net/gafiles/ File size: 14.4 Kb