Heard County GaArchives Wills.....Nicholas Tompkins December 21 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 25, 2004, 11:30 pm Source: Heard County Georgia Will Records Written: December 21 1852 Nicholas Tompkins Will State of Georgia, Heard County In the name of God Amen, I, Nicholas Tompkins of the County and State aforesaid being of sound and disposing mind and memory but remembering that it is appointed for all men once to die and being desirous of directing the disposition of my property, do of my own free will and accord make publish and declare the following my Last Will and Testament to wit: Item 1st. I desire that the following property real and personal be set apart to my present beloved wife Lucinda and her children living at my death and ? have within the usual period of gestation afterwards that is so say: South half of lot of land No. 30 thirty, lots numbers 34 thirty four, 35 thirty five, 45 forty five, 46 forty six, 50 fifty, 51 fifty one, 52, fifty two and all of lot no. 53 fifty three lying east of Centralhatchee Creek and all of the same lot lying north of a line beginning at the mouth of the branch first below the mill shoal on said lot and running due west through the lot, also lots of land no's 61 sixty one, 62 sixty two and 63 sixty three and sixty eight 68 together with all the appertanances and the household and kitchen furniture and all the plantation blacksmith carpenter and cabinent tools of every description. And also the following negroes to wit: Moses, Nancy, Israel, Jerry, William, Andreson, Richerson, Mary, Martha, Emily and little Moses son of Moses and Nancy, Silvry, Ben, Madison, Big Bill and his wife Winnie? and their child Jackson and Ellen and all the increase of said negroes have after this date and also twelve head of horses or mules, ? cows and calves, one hundred head of stock hogs twenty head of sheep, two yoke of oxen, two wagons, eight thousand pounds of pork, three hundred bushels of corn, sixty bushels of wheat, twenty thousand pounds of fodder and oats (ten of each). All of which horses and mules and other stock and provisions. She shall have the right to select from general stock. Item 2nd. this property I desire to be kept together managed and controlled by my wife for her own support and comfort and for the support, maintenance and education of her children aforesaid and as each child shall come of age to marry his or her portion then to be given off my said wife and her children taking a share and share alike. Should any of the negroes refractory or hard to govern my wife has the power to sell or dispose of such negro or negroes and reinvest the proceeds for the common stock as before. Item 3rd. To my daughter Catherine G. wife of Joseph M. Lane I also first set apart the following lands to wit: that portion of lot Nos. 53 fifty three not given to my wife and other children in the first item and also nos. sixty 60, sixty nine 69 and seventy 70. All the lands here mentioned and also that in the first item being situated in the 13th District of originally Carroll now Heard County and State aforesaid. Item 4th. From the remainder of my property I desire my debts to be paid and then the balance to be divided equally between my wife Lucinda and her children mentioned in the first item and also my children by my first wife, all taking share and share alike in the residue of my estate and for the purpose of a just and equal division of the balance, I direct it all of every character to be sold at as early a day after my death as the law and circumstances will permit. I also desire that my granddaughter Sarah Catherine shall take one share in this division as the representation of her father Giles S. Tompkins and should either of my other daughters die before this division I desire that her children shall take such share. Item 5th. All the property here given to my daughters both those that are married and unmarried and by my first and present wife and also that which I give to my granddaughter Sarah Catherine I give to the sole and separate use of each during life and after death to their chidldren in fee not subject to the debts of any future or present husband. I desire the husband of each daughter and said granddaughter to receive hold and manage the property in trust and for the sole and separate use aforesaid. Should they deem it advisable with the consent of the wife to sell any portion of such property they shall have the power to do so but the proceeds always to be held or reinvested with the limitations and to the use above mentioned. If Sarah Catherine my granddaughter should die without issue her portion shall revert to my other children. Item 6th. That portion of the property coming to my prsent wife and her children residue I desire to be merged in the common stock as in the first item and held by her as then directed and when my son William Green Springer shall grow up I deisre him to aid in the management of the property. I desire that my friend Benjamin H. Hill of Troup County shall supervise and see that this Will is executed and to aid my wife and children when necessary as a testimony of all the foregoing. I have hereto freely and voluntarily set my hand and seal and publish and declare the foreging to be my true last Will and Testament hereby revoking all others this 21st day of December 1852. Nicholas Tompkins (seal) Signed, sealed published and declared in presence of us who signed and attested to same in the presence of the testator: Zachariah P. Almon Harriet M. Hammond Attionette M. Almon Benj. H. Hill Jas. P. Harry Marshal Morton W.P. Ferands Austin Leigh Margaret Leigh Andrw. Howe J.S. Rogers W.F. Williams John G. Trammell Samuel Kight Codicil The property mentioned in the foregoing will as set apart to my wife and children I add the following to wit: lot of land No. 47 forth seven in the 13th istrict of originally Carroll now Heard County and the negros Big Tom the wagoner and Robert a negro of yellow complexion on the terms stated in the original will. Signed sealed published and declared 29th Aug 1856. Nicholas Tompkins (seal) Wm. S. Heard H. Fieilder Benj. Bigham Benj. H. Hill Georgia, Heard County I, G A Crain, Ordinary of said County do certify that the above and foregoing pages is a true copy of the last Will and Testament of Nicholas Tompkins decased, recorded in Book of Wills on pages 122, 123 and 124. Given under my hand and official signature this Dec 9, 1892. G A Crain, Ordinary Copy filed in Office March 20th 1895. Recorded March 25th 1895. G A Crain, Ordinary ****************************************************************************** Additional Comments: 1850 census Heard County, Georgia Nicholas Tompkins, age 54, Farmer, GA Lucinda, age 25, GA Wm. G.S., age 2, GA John T., age 7 months, GA Zachariah P. Allman, age 22, Farmer, GA John Dobson, age 28, farmer, GA Wm. Baldwin, age 18, farmer, GA Hudson Lee, age 16, farmer, GA ******** 1860 census Heard Co. GA Nicholas Tompkins, age 64, farmer, GA Lucinda T., age 35, GA William G.S., age 13, GA Eliza B., age 9, GA Nicholas, age 7, GA Humphrey A., age 3, GA Benjamin H., age 1 month, GA ****************** Notes from "Memoirs of Georgia" publ. in 1895; an article about Humphrey A. Tompkins, a son of Nicholas Tompkins and Lucinda T. Springer: " Humphrey A. Tompkins, farmer, Franklin, Heard Co., son of Nicholas and Lucinda T. Springer Tompkins was born in Heard County March 9, 1851. His paternal grandfather Giles Tompkins was a soldier in the patriot army during the Revolutionary War and migrated from Virginia to Georgia and settled in Oglethorpe County the latter part of the last century. Mr. Tompkins father was born in Oglethorpe County in 1798, received such education as could be obtained at the country schools of the locality at that time and when grown, entered upon farming as a life pursuit. Later he moved to Putnam County, GA and thence to Troup County about 1830 and settled on land now within the bounds of Heard County. He served during the Seminole War holding a commission as major. He also served as a soldier in the War with Mexico. At the close of that war he returned to his farm. Such were his skill as a planter and his business sagacity and management that he became the owner of 175 slaves and the largest land owner in Heard County. He died Aug 12, 1860. He was married twice, his second wife being the mother of the subject of this sketch. She was a daughter of William G. and Mary Baxter Springer. Mr. Springer was for many years an Indian Agent. By this marriage (Nicholas Tompkins and Lucinda T. Springer) he had five children: William G.; John T.; Humphrey A.; Benjamin Hill; and Eliza Baxter. Mr. Tompkins was raised on the family plantation and received as good an education as was obtainable considering the locality and the fact that his boyhood was passed during "war times". When only fourteen years old he assumed control of his father's extensive plantation which has suffered immensely from the ravages of war and entered upon the mangement of the property. With wonderfully good judgment, a perserverance and a spirit of determination that quailed not at any obstacle, he succeeded in preserving intact and rehabilitating the large and valuable estate, which to day stands as a monument to his unwearing industry and tireless energy. Nothwithstanding the apparent stern and inflexible will needed to accomplish such results he is one of the most genial and whole-souled gentleman to be found in any community. Mr. Tompkins was happily married in 1882 to Miss Viola L. daughter of Matthew and Lousiana Yates Monk, a union which has ben blessed with four children: John S., Effie Lou; Eliza Baxter and Florence C. He is an ardent member of the masonic fraternity and a prominent and influential member of the Methodist Church. ******************** This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 10.4 Kb