Wills:  Hancock County, Will of Presley Harper

WILL OF PRESLEY HARPER
Hancock County, Georgia
November 18, 1848

Georgia Hancock County

	Know all men by these presents that I Presley Harper of the 
county & state aforesaid desiring to make a deposition of what 
property with which I have been blessed do make & publish the 
following as my last will and testament.
Item 1.  I desire that after my death my executors have my body 
intered by the side of my deceased wife in a decent manner.
Item 2.  It is my will and desire that all my property be kept 
together by my executors for the common benefit of all my 
children until my daughter arrives at lawful age or marries at 
which time I wish my executors to turn over to her (if she should 
be married, and if she should not be married but twenty one 
years of age she is to be at liberty to let her share remain as 
before until she shall otherwise desire) one childs part of all 
my estate except my land.
Item 3rd  The balance of my property I wish kept together for the 
common benefit of my other children until my eldest son becomes 
of age, when I wish my land divided between all my children 
including my daughter.  My oldest son to receive his portion of 
the land & his portion of the balance of the estate.
Item 4th.  When my land is divided as above contemplated, it is 
my desire that my executors exercise a sound discretion as to 
whether they will continue to work the balance of my property on 
the two shares of land of my two younger children or hire out the 
negroes but I require that the negroes of my two younger 
sons be not divided until my third child becomes of age when my 
third child becomes of age he to receive an equal share of land & 
negroes & other estate.
Item 5th.  It is my will and desire that the property herein 
designated for my daughter Sarah Ann Elizabeth Harper be given to 
her sole and separate use during life, free from the control or 
marital rights of any husband she may have.  After her death, 
should she die leaving child or children then to such child or 
children or representative of my children absolutely, should she 
die leaving a husband & without child or children or 
representative of children then one half to her husband 
absolutely, and the balance to return back to my estate.  Should 
she die under the age of twenty one years without any husband or 
child or children then the whole to return back to my estate to 
be divided between her brothers.  Should she die over twenty one 
years of age & without husband or child or children she is to be 
at liberty to dispose of her share by her last will and 
testament.
Item 6th.  Lest any doubts may arise as to my intention, the 
first object I have in making this will is to 
secure my daughters share free from the marital rights of any 
husband & to make all my children, Sarah A. E., Wilkins J., 
Francis M. & Alfred P. Harper as nearly equal as practicable that 
my daughter shall be at liberty to draw out her share except of 
the land at marriage or lawful age that each of my sons shall 
draw his share at lawful age, that my daughter is to be postponed 
in getting her share of the land only until my eldest son becomes 
of age.
Item 7.  It is my will and desire that my executors will give all 
my children as good an education as my estate will warrant having 
regard to their future prospects in life and that the expenses be 
paid for out of the common stock remaining together at the time 
of such expense.
Item 8th.  I nominate constitute and appoint Wyatt Harper, John 
C. Harper & Fayette Ingram executors to this my last will & 
testament hereby revoking all former wills by me made.
Given under my hand this 18th day of Nov. 1848
Signed & published inour presence &
by us in presence of testator & each other.
Frances M. Lawson
A. E. Gardner				Prestley Harper
Henry Rogers


August 17, 1850

In addition to the above disposition and arrangement of my 
worldly affairs and effects I will and desire that 
my son in law George W. Burton who has intermarried with my 
daughter Sarah Ann Elizabeth become at my death one of the 
executors of the above last will and testament.  It is also my 
request that he (George W. Burton) remain upon my estate until my 
eldest son becomes of age.

E. S. Barnes
William Larson				Prestley Harper
Wilson Bird

Codicil to this my last will & testament

To make the meaning and intention of the addition to my will 
plain & explicit.  After my death I desire my executors to employ 
a good overseer each year.  I desire my son in law to remain as 
one of the family and on the farm to work the negroes of my 
daughter on the farm with the property of my other children at 
the end of each year to draw out one fourth of the nett profits, 
the three fourths parts to be kept for my other 
children, my daughter & son in law paying us board or rent and 
charging nothing against the common property for services, my 
object being to make all as one family until my eldest son 
becomes of age, not however compelling my son in law 
to remain but leaving him at liberty to draw the share of my 
daughter as designated in the body of my will & under the 
limitations specified.
Signed sealed & published.
this 10th day of September 1850
Jas. Thomas					Prestley Harper
Wilkins J. Harton
R. M. Johnston
____________________________________________________________

The last will and testament and codicil of Presley Harper late of 
this county deceased being produced in 
court by Wyatt Harper, George W. Burton, Lafayette Ingram and 
John C. Harper, the nominated executors 
thereof and the due and legal execution thereof and the 
competency of the testator being proved to the 
satisfaction of the court by the evidence of Henry Rogers, 
Francis M. Lawson, William Warren & Richard 
M. Johnston the subscribing witnesses it is adjudged that said 
will is proven and that it be seen decd as the 
last will & testament and codicils of Presley Harper deceased and 
further that the nominated executors be 
qualified as such.
Whereupon George W. Burton & Lafayette Ingram two of the 
nominated executors appeared personally in 
open court & have qualified as executors of said last will and 
testament of said deceased reserving the right 
of John C. Harper and Wyatt Harper to qualify hereafter.

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	 This file was contributed by:  
		       Carolyn L. Harper Johnson
                       clhjohnson@aol.com