Will of Elizabeth Payne 30 Apr 1839 Fanklin County, GA Elizabeth Payne's will dtr. of Redbank Georgia Franklin County In the name of God Amen I Elizabeth Payne of the County and state aforesaid, being weak in body but of perfect mind and memory, and Knowing that it is appointed for all to die. do make and ordain the following to be my last will and Testament - First of all I recommend my soul to God who gave it and my body to the Earth from whence it came to be buried in a decent Christian burial at the discretion of my Executors and friends- Secondly I give and bequeath unto my Brother David Payne all the lands I may be possessed of at my death out of which he is to pay all the demands (if Any) he or any of his family may have against me at that time- Thirdly I give and bequeath unto my three Neices to wit Rutha Ann Chatham, Mary Amanda Chatham, and Nancy Mills, daughters of two of my sisters, dec'd Rutha & Polly Chatham & of my sister Nancy Bennett, one bed and furniture each including steads and curtains the said Rutha A Chatham to have choice of said beds & furniture, This is in addition to what I give them hereafter- Fourthly It is my will that my sister Nancy Bennett [provided she is in life at my decease if not her daughters] and the daughters of my Dec'd Sisters Rutha & Polly Chathan shall have all the balance of my wearing and houshold cleathing (clothing?) of every description whatever, to be equally divided between them,- Fifthly it is my will that my negroes together with all the balance of my estate of every description [not other wise disposed of] be sold at public sale by my Executors, upon such credit as they may deem nost advisable, and when the money is Collected, to be divided among my Brothers and Sisters and their heirs as follows - to my Brother Maxfield H Payne one fifth part. - To the Children of two sisters Rutha & Polly Chatham dec'd each one fifth part - To the Children of my brother Thomas s Payne to wit, John H Payne., William Payne, Caroline Wheeler, Harriett Segers, Sary Ann Ayres one tenth part, and the other two towit Oliver T Payne & Zebadiah C Payne one tenth part. The part coming to the two last named Children to be paid my Brother Thomas Payne in trust for them provided he is in life at that time, if not the seven last named Chldren are to have the one fifth part to be equally divided between them - To the Children of my sister Nancy Bennett one fifth part except one hundred dollars which is to be paid by my Executors to my said sister Nancy Bennett at such time as they may think her necessities may most require aid, this one hundred dollars to be free from the use or benefit in any way of her husband Cooper Bennett, and if she should die before she received the above sum it is to go to the Children Sixtly It imy will that when the amount of the legacies as stated in the foregoing section shall amount to the sum of Two hundred dollars Each, that my Brother David Payne shall come in for an equal share for all over that amount- Lastly I do hereby constitute and appoint my two Brothers Maxfield H Payne & David Payne Executors of this my last will and Testament. In Testimony whereof I have hereunto set my hand and Seal this 30th day of April 1839. Signed sealed & acknowledged in presence of Thos King Robert A R Neal Elizabeth Payne [LS] Samuel Freeman Georgia Franklin County Court of Ordinary Nov Term 1842 Personally appeared in open Court Robert A R Neal who being duly sworn deposeth and saith that he saw the within named Elizabeth Payne now Dec'd sign & seal the within as her last will and Testament when in her proper mind & that he deponent subscribed the same as a witness and saw Thomas King & Samuel Freeman do so likewise. Sworn to this 7 Nov 1842 Thos King C.C.O R A R Neal Recorded 10th Nov 1842 ==================================================================== 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. This file was contributed for use in the USGenWeb Archives by: David Payne ====================================================================