Heard-Carroll County GaArchives Wills.....Lazarus Summerlin February 7 1852 ************************************************ 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: Candace Gravelle http://www.genrecords.net/emailregistry/vols/00023.html#0005680 April 23, 2004, 1:42 pm Source: Heard County Will/estate Records Written: February 7 1852 Will of Lazarus Summerlin Georgia, Heard County The Last Will and Testament of Lazarus Summerlin of the County of Heard and State of Georgia. I, Lazarus Summerlin, considering the uncertainty of life and the certainty of death and being of sound mind and memory do make and publish this my Last Will and Testament in manner and form following, that is to say: First, I give and bequeath unto my wife Mary Summerlin for and during her natural life all my lands whereon I now live together with the improvements, appertenances, rents, issues and profits which lands are known by numbers one hundred and fifty seven in the fourth district of Carroll County, one hundred and sixty six, one hundred and sixty seven, one hundred and seventy two and fraction one hundred and sixty four, all in the fourth District of originally Carroll, now Heard County and State of Georgia; and from and after the decease of my said wife I give and bequeath the aforesaid and above described lands with the improvements and appertenances to the children of Michael C. Summerlin. On the decease of my said wife, I will that my son Michael C. Summerlin take possession of said lands improvements and appertenances to use manage improve and control the same for the benefit of his said children until they shall attain and arrive to majority or full age and in consideration of his so managing said estate for his said children as well as for their better education and maintenance he shall not be bound nor held to account to them or any of them for the use, rents issued or profits of said lands and improvements thereon. Also, I give and bequeath to my said wife Mary Summerlin the use, management and control, all my personal estate during her life which personal estate consists of all my negros except three herein after specially named and bequeathed, my stock consisting of horses, mules, oxen, cows and other cattle, hogs and sheep together with all plantation farming and blacksmith tools and household and kitchen furniture. I also will my said wife to keeping said personal estate together on the forementioned lands and premises and work and use the same with prudence and economy for and during the term aforesaid for her maintenance and support. Also, I give and bequeath unto the children of my said son Michael C. Summerlin the following property to wit: Three negro slaves, Abby a girl about fifteen years old, Giles a boy about six years old and Charles a boy four years old both the children of a woman by the name of Sudia (Judia or Ludia?). Also, I give and bequeath to my daughter Mary Witcher one dollar and I hereby will that she nor anyone claiming under or through her as heir or legatee or otherwise shall have ?? or ?? of further of estate or property. I give and bequeath all my other estate, real or whatever sort or kind together with all my personal estate or property after the expiration of the lifetime estate above given by me to my wife Mary Summerlin, and will that it be divided and distributed amongst my children and grandchildren in the following manner with the restrictions and limitations and provisions herein after made; that is to say: I give and bequeath unto my son Henry Summerlin and my daughter Asia N. Ridgeway, Barbara L. Smith and Augusta Ann Buckalew each respectively equal portions, and to my grandchildren Edmond M. Manning and Melburn E. Manning grandsons and sons of my daughter Nancy Manning deceased, to Mary Rebecca Benton daughter of my daughter Louisa Roberts dec'd, to Mary Roberts and Busilla Echols daughter of my daughter Busilla Roberts deceased and to Henry L. Wilkerson, Edmond Wilkerson and John Wilkerson sons of my daughter Mahala Wilkerson deceased, I will and bequeath after deduccting first my advances in money and property I have made them since the death of their mother, the portion which their mother respectively would have been entitled to under the laws of Georgia for the distribution of intestate estates. And further I will and bequeath the above portion or property to my daughters Asia N. Ridgeway, Barbara Smith and Augusta Ann Buckalew to them respectively for their use and benefit for and during their lives each and afterward to their heirs of their bodies. And I also give that portion herein given to my granddaughter Mary Rebecca Benton to her use during her life and afterward to her children; and the portion or portions herein given to my other grandchildren or children in case such grandchild or children die without lawful child or children then his or her portion is to go to his or her brother or sister or brothers as the case may be. Also, I expressly will and devise that there be no sale of any negro or negros of my estate for the sake of a division or distribution but that my Executor divide into lots for distribution as nearly equal as possible having regard to families and men and their wives and that the differences in equality be made up in money and be distributed or drawn for by lots; And lastly I hereby appoint my brother Joseph Summerlin my sole Executor of this my Last Will and Testament hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and seal this seventh day of February in the year of our Lord One Thousand EIght Hundred and Fifty Two. Lazarus Summerlin, X, his mark Attestion: John L. Ward, M.Ward, Josiah Cockburn State of Georgia, Heard County Before me Rufus Wood Ordinary of said County in open court personally came Joseph Summerlin, Executor of the Last Will and Testament of Lazarus Summerlin late of said County deceased and produced before me in open Court the Last Will and Testament of said Lazarus Summerlin and the witnesses to said will viz John L. Ward and M. Ward and Josiah Cockburn, which witnesses being duly sworn depose and say that they saw said Lazarus Summerlin the testator, sign seal and declare and publish the instrument now prodiced as his last will and testament freely, voluntarily and of his own accord and without any ? or influence whatever that at the time of the exeuction of said Will said testator was of sound and disposing mind and memory. (undated) **************************************************************** NOTE: Not sure when this Will was re-recorded after the fire at the Heard County courthouse, since there is not a later date on it (after 1852 when the will was written) , and the date that the Will was proven or probated is not indicated. Additional Comments: 1850 census Heard County, Georgia Lazarus Summerlin, age 70, Farmer, Georgia Mary, age 63, GA Edward Wilkerson, age 6, GA ************ Carroll County, Georgia Deed Book C page 489 Heard County - - Nov 3, 1838 - - George H. Cosper to Lazarus Summerlin, $100. Land Lot # 157 4th Dist. Carroll Co. Attest: Henry Summerlin, Smith Drinkard. Jan 15, 1839 - - Oath of Smith Drinkard that he saw George H. Cosper sign deed. Attest: David Smith, U.P. Oct 14, 1839. Carroll County, GA Deed Book D page 76 - - Carroll Co. April 15, 1840 - - Michael C. Summerlin of Heard County to Lee Bird, $650., Land Lot #130 11th Dist. Carroll Co. Attest: Henry Summerlin, Jas. H. Rodgers, J.I.C. Carroll Co. GA Deed Book D page 325 - - July 8, 1841 - - Thomas McClure to Henry Summerlin, $605. South part of land lot #96 3rd Dist. Carroll County, being on the Chattahoochee River. Attest: Thomas P. Ferrell, Jordan J. Moore. ***** 1850 census Carroll County, Georgia Henry Summerlin, age 48, farmer, GA Irena Williamson ??, age 35, GA Franklin, age 10, GA Henry, age 8, GA Unnamed, age 6, female, GA ??, age 4, male, GA ??, age 2, female, GA ??, age 8 months, female, GA ***************************** This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 8.3 Kb