HARALSON COUNTY, GA - WILLS -James Backus

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WILL BOOK A, PAGE 58-62  

WILL OF JAMES BACKUS
STATE OF GEORGIA
HARALSON COUNTY   

I, JAMES BACKUS, SR., of the County and State
Aforesaid being of sound mind and disposing memory
do hereby make this my last Will and Testament
revoking all others heretofore made by me.

Item 1st.....I hereby will my soul to God who gave
it.

Item 2nd..... I will that my body have a decent
burial

Item 3rd.... I will all my just debts to be paid by
my Executor, 

Item 4th .... I will and bequeath to my beloved wife
Adaline Backus and to my daughters ETTA BACKUS, LULA
BACKUS, DELIA BACKUS, FANNIE BACKUS, and to my son
JOSEPH C. W. BACKUS AND TO MY grandchildren heirs of
MARTHA BACKUS, now Martha HANCOCK to wit John
Hancock, two thirds of the amount or interest I
hereinafter will to her. The other third interest of
her share I will to my grand daughter HENRY ETTA
HANCOCK, daughter of Martha Backus, now Martha
Hancock who is dead.

Item 5th... I further will and bequeath that my
daughter Etta Backus have fifty dollars more, and to
Lula Backus my daughter, One hundred dollars more
than I give to either of the other heirs in the
herein after described parcel and parts of lots of
land to wit commencing at the Northwest corner of
lot of land Number (60) sixty in the Eighth District
of Originally Carroll but now Haralson County, then
South along the original line far enough to take in
the little apple orchard, thence east fifty yards,
then North about fifty yards to where the water runs
out of the little apple orchard into the little
gully, thence down the little gully to the big
gully, thence North along the big gully to the
Public road, thence east along the public road to
the big gate, thence South up the fence to the
Spring, thirty feet above the syrup mill, thence
east to the line between me and Mrs. Helton above
the Williams Jacobs lease thence North along the
line between me and Mrs. Helton to the public road,
thence east along the public road to the line
between me and Mrs. Helton, thence North along the
line to where it strikes the line of the A. D. WOODS
place, thence and west along the line of sixty one
(61) and Sixty two (62) to Beech Creek, thence down
the creek to the bend of the creek, leaving one acre
and a half on the South side of the creek, thence
and west to the Driver line,  thence South along the
line of Seventy Seven (77) and Sixty two(62) to the
corner, thence and west along the original line to
the top of the hill, thence South a made line over
the hill to the branch, up the branch west to the
ditch thence the ditch to be line to the Gin house,
South up the branch one hundred yards, thence and
south to the original line of lot of land Seventy
Eight in the Eighth District of Originally Carroll
but now Haralson County, thence and east along the
line to the point first started from.

Item 6th... I hereby disinherit my grandchildren
heirs of my daughter NANCY BACKUS afterwards NANCY
JACOBS who is now dead, to wit WILLIAM JACOBS, MARY
JAC0BS, ELIZABETH JACOBS, ETTA JACOBS, SAM JACOBS,
heirs of my daughter NANCY BACKUS.  They and each of
them are hereby entirely excluded and disinherited
from receiving or inheriting any part whatever of my
estate.

Item 7th .... I will and bequeath my household and
kitchen furniture of every kind and description to
my wife and my daughters herein named to share
equally in the same.

Item 8th... I further will all my personal property
to wit all my horses, mules, cattle, hogs and buggy,
and farming utensils of every kind and description
to my wife and daughters hereinbefore named.

Item 9th.  I will and bequeath all of my other
property not herein named to my children to wit MARY
BACKUS, now MARY DAVIS, MARGARET BACKUS, now
MARGARET BROWN, ELIZABETH BACKUS, now ELIZABETH
ROBERTS, JOHN C. BACKUS, THOMAS BACKUS, AND JAMES
BACKUS, to share equally in the division of same.

Item 10th.... I further bequeath that if I recover
Lot of Land No. 79 in the Eighth District of
originally Carroll but now Haralson county, I will
that twenty five acres in the Northeast corner of
the lot be the property of my wife and daughters
mentioned in the first part of this my will, the
remainder of said lot of land to my heirs mentioned
in the last part of my will.

Item 11th.... I hereby constitute and appoint my son
Joseph C. W. Backus, Executor and Adaline Backus my
wife Executrix of this my last will and testament
this September the 11th, 1884.     Ss; JAMES BACKUS
Signed, sealed, declared and published by James
Backus as his last Will and Testament in the
presence of us the Subscribers who subscribed our
names hereto in the presence of the said testator at
his special instance and request and in the presence
of each other.  This September 11th, 1884
WALKER BROCK
G. W. GENTRY
H. C. MOODY

STATE OF GEORGIA    CODICIL 
HARALSON COUNTY  

Whereas I, James Backus, Did on the 11th day of
September 1884 sign, seal and declare and publish my
last Will and Testament in the presence of G. W.
Gentry, H. C. Moody and W. Brock who signed the same
Will and Testament as witnesses and whereas I am
desirous of altering and changing the bequest and
devise in said will, I therefore made and publish
this Codicil to same Will.

Items 1.....I hereby disinherit and exclude my son
AUGUSTUS BACKUS and every heir of his body begotten
or in any other way belonging or attached to him
from any share or part or parcel of my estate
whatever.

Item 2..... I hereby exclude and disinherit from any
share or part of my estate my daughter EMILY BACKUS,
NOW EMILY BARNWELL, or any of the heirs of her body
begotten or in any way from receiving or sharing in
the division of my estate in any way whatever.

Item 3....I will to my daughter ELIZABETH ROBERTS
the following described parcel of land to wit
beginning thirty feet South from the Spring at or
near the syrup mill running South so as to hit the
South and east line of Lot of Land No. 60, Sixty in
the Eighth District for said County so as to strike
said South and East line of said lot of land two
hundred yards east from the corner of said lot of
land west, my Daughter to have the east part of the
land herein described and my son JOHN BACKUS to have
the other part said parcel of land, the whole amount
herein  willed containing about Eighty acres.

Item 4th.....I will to my daughter MARGARET ISABELLA
BROWN the following land to wit beginning at the
branch near the gin house Northwest along the road
to the branch thence west along the branch, thence
west to the West line of Lot of Land No. 78 (Seventy
Eight) in the eighth district in said County so as
to strike line halfway from the corner at or near
the Negro church and the corner made by me and Jesse
Robertson.

Item 5th.....I will to my son THOMAS BACKUS all the
remaining part of Lot of Land No. 78 in the eighth
district for said County not herein willed to my
daughter Margaret Isabella Brown and my son Thomas
Backus to have the north half of said land herein
described.

Item 6th.... I will to my daughter MARY JOHN DAVIES,
twenty five acres of my part of land the number of
the lot not know it being part of lot of land or
parcel of land that we own jointly in the State of
Alabama, near Arbachoochee in said State of Alabama.

Item 7th.... I hereby disinherit my son JAMES BACKUS
and hereby prohibit him from receiving any part or
parcel of my estate whatever in this my last will
and codicil except Forty Acres of land in the State
of Alabama Cleborn County near Muskadine Camp ground
in said State of Alabama.

THIS NOVEMBER 15th 1884.    JAMES BACKUS, ss

Witnesses: G. W. Gentry
     H. C. Moody
     Walker Brock

Sworn Statement of witnesses, April 6th, 1885, Miles Edwards, Ordinary
Sworn Statement of Executors, April 6th, 1885, J. C. W. Backus, Adaline Backus
STATE OF GEORGIA
HARALSON COUNTY  
To Jos. C. W. Backus and Adaline Backus, Greeting
The Will and Codicil of JAMES BACKUS late of said
county deceased having been admitted to Record in my
office in which you are the persons named to carry
out its provisions and you said Jas. C. W. and
Adaline Backus having taken and subscribed the oath
required by law, as the Executor and Executrix
hereof.

These are therefore to authorize you and you are
hereby authorized and required to do and perform all
the duties imposed upon you by said Will and
Testament and Codicil and the laws of said State.
Given under my hand and seal of Office

 This 6th day of April 1885. Miles Edwards, Ordinary