FRANKLIN CO., GA - WILLS - Henry Avery, 1828 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Samie Melton smmelton@attbi.com ==================================================================== Submitted by Samie Melton (smmelton@attbi.com) Notes from contributor: This transcription is from LDS FHC Film # 0361854 - Probate records, Georgia, Court of Ordinary (Franklin County) Wills 1827-1849. My relative is his daughter Jane Baird, wife of Robert M Baird. p 6 Georgia Be it remembered that I Henry Avery Franklin County of the state and district of aforesaid being weak in body but of Sound perfect mind and memory blefsed be God for thee I am do make and publish this my last will & Testament in manner following that is to say first of all I recommend my soul to God who gave it and my body to its mother dust I wish my body to be buried in a christian like manner, unto the worldly goods that it hath pleased God to blefs me with I give and dispose in the following manner. I give and bequeath to my beloved wife Nancy p 7 Avery, all that tract or parcel of land being the north Side of bari creek being part of the plantation on which I now live adjoining of John L. Reed, also one Negro man named Lewis also one negro boy named Daniel, one cow and calf, one bed and furniture, one spinning wheel and cards, one chest, also the above named property, the rite and title to be vested in my son James Avery it being his portion and legacy in full of my Estate, with what he has heretofore had, at the decease of his mother Nancy Avery-- Item. I give and bequeath unto my Daughter Mary M. Attaway one negro man named George, one negro girl named Mary, one tract of land in Apling County, lot 490 Second district-- Item. I give and bequeath unto my Daughter Jane Baird one negro woman by the name of of Cate, and one negro boy named Jerry, also one lot of land in Irwin County lot 176- 16th district, this being her portion and legacy in full of my estate, with what she has had heretofore Item. I give and bequeath unto my Daughter Matilda Avery one negro boy named Sam, one negro girl named Harriete one tact of land in Apling County, Lot No 443 3rd district two cows and their calves, one bed bedstead and furniture, Item. I give and bequeath unto my Daughter Sary Donahoo one negro girl named Elvy, one tract of land in Early County lot No. 18 5th district and three hundred and twenty five dollars in money to be paid in twelve months after my decease Item. I give and bequeath unto my Daughter Nancy A. Avery one negro man named ben, one negro girl named Mariah, one tract of land land in Early County lot No. 288 2nd district, two cows and their calves, one bed bedstead and furniture-- Item. I further give and bequeath unto my two Daughters Mary M. Attaway and Matilda Avery one tract of land in Irwin County lot No. 31 2nd district, to be equally divided between them, this to p 7a be their full portion and legacy --. Item. I further give and bequeath unto my two Daughters, Sary Donahoo and Nancy A. Avery one tract of land in Irwin County lot No. 434 5th district to be equally divided between them this to be their full portion and legacy-- As to the rest residue and remander of my land goods and chattels of whatever kind they may be to be sold and after paying all my debts dues and demands of then if any money should remain it to be equally divided amoungst all my lawfull heirs (Viz) John Avery, Mary M. Attaway, Jane Baird, Matilda Avery, Sary Donahoo, Nancy A. Avery-- I hereby appoint James Avery & John Donahoo Sole Executor of this my last will and Testament hereby revoking all former wills by me made. In witnefs whereof I have herunto set my hand & Seal this 26th of October 1827. Signed, Sealed and declared by, the named Henry Avery to be his last will and Testament, in the presants of us who at his request and at his presants hereunto Set our names as witnefses to the Same-- Joseph Reed his John Deavours Henry X Avery Henry I Mitchell mark Georgia Clerks Office Franklin County Court of Ordinary Personally came Henry I Mitchell & Joseph Reed Esqrs who being duly sworn Saith that they Saw Henry Avery Sign, Seal, & Acknowledge the within as his lst will and Testament. & that they Subscribed the same as witnefses and saw John Devours do so likewise Sworn to & Subscribed this Henry I. Mitchell 1st of January 1828 Joseph Reed King, C.C.O. Recorded 10th January 1828