Hart County GaArchives Wills.....Cunningham, Franklin March 28, 1856 ************************************************ 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: Chandler Eavenson http://www.genrecords.net/emailregistry/vols/00030.html#0007294 December 29, 2006, 6:57 pm Source: Hart Co. Will Book A, Pages 20-23 Written: March 28, 1856 Recorded: November 3, 1856 Will - Franklin Cunningham - 28 Mar 1856 The following Will appears in Hart Co. Will Book A, pages 20-23: "State of Georgia, Hart County) In the name of God Amen I Franklin Cunningham feeling the disolution of my mortal body fast approaching Do think proper to make this my last Will and testament and I do by these presents make, ordain constitute and appoint this to be my last Will and Testament (to wit) 1st I return my soul to God who gave and my body to the earth from whence it came to be buried in a plain Christian burrial at the Descretion of my Executors and surviving friends And as touching the worldly property wherwith it has pleased God to bless me I give bequeath and dispose of in the following form and manner (to wit) 1st Item I give to my wife Nancy Cunningham after my just Debts being paid all my property both real and personal to be and remain in her peceable possession for her support comfort and enjoyment during her natural life or widowhood and I authorise my Executors to act as superintendants in the case and management of the Estate as they in their discretion may think best for the well being and increase of the same from my decease to the death or intermarriage of my Wife Nancy Cunningham and at the expiration of her life or Widowhood then my Executors to expose to sale according to law in such cases made and provided the Whole Estate both real and personal a after taking five hundred Dollars of the amount of the Sale Which five hundred Dollars I give to my Son James S. Cunningham and my Son Fleming B. Cunningham to be equally divided between them The remaining amount of Said estate to be divided in to Eight equal Shears One Sheare to the Children of my Daughter Permealy F. Fleming deceased to be Equally divided between them One Shear to my Daughter Averrela Fleming and her Children One Shear to my Daughter Averline W. Smith One Shear to my Daughter Ann D. Fleming and children One Shear to my Son James S. Cunningham One Shear to my Son Fleming B.Cunningham One Shear to Sarah Smith my Daughter and her children and One Shear to my Daughter Nancy Elizabeth Cunningham and I appoint constitute authorise and ordain James S. Cunningham and Fleming B. Cunningham to be my legal lawful Executors to this my last Will and testament ratifying and confirming the same by these presents In testimony wherof I have herunto set my hand and affixed my Seal This the twenty eighth day of March Eighteen hundred and fifty six Signed in the presence of George Cauthern ) Franklin Cunningham (Seal) James E. Henderson ) Francis M. Cook ) " "I addeth this article to this the component part of this my last Will and testament I give devise and dispose of the following articles to be raised out of my estate to wit Item 1st I Give to Daughter Nancy E. Cunningham One bed and furniture and painted bedsted with all the furniture that she is interested in One Cow and Calf, One Sow and pigs four chairs I give to John F. Fleming my nefew One horse Saddle and bridle to be worth Sixty five Dollars I give to Jane C. Fleming neese One bed and bed sted and furniture One Cow and Calf and Sow and pigs I give to Eliza B. N. Fleming One hundred Dollars to go into the hands of my Executors for Safe keeping I give to Samuel Fleming and Margaret Fleming Son and Daughter of David C. Fleming fifty Dollars apiece I certify the above to be a part of my last Will and testament In Witness Wherof I Set my hand and fix my Seal This May 28 1856 Signed in the presence of) George Couthern ) Franklin Cunningham (Seal) James E. Henderson ) Francis M. Cook ) " "State of Georgia, Hart County) Before me James Jones Ordinary of said County in Open Court personally came James S. Cunningham and Fleming B. Cunningham Executors of the last Will and testament of Franklin Cunningham late of Said County deceased and produced before me the last and testament of said Franklin Cunningham deceased and the Codicil of said Will annexed and the Witnesses of Said Will and Codicil to wit George Cauthern James E. Henderson and Francis M. Cook Which Witnesses being duly sworn depose and say that they Saw Franklin Cunningham the testator Sign Seal deliver and publish the instrument now presented as his last Will and testament and Codicil freely voluntarily and of his own account accord and without any compulsion or influence whatever that at the time of this Execution of the 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 and in the presence of each other Sworn to and Subscribed before me 3 Nov 1856 George Cauthern James E. Henderson Francis M. Cook" File at: http://files.usgwarchives.net/ga/hart/wills/cunningh520gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 5.5 Kb