Heard County GaArchives Wills.....John Daniel August 18 1868 ************************************************ 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 February 20, 2004, 4:56 pm Source: Heard Co Ga Will Records Written: August 18 1868 Recorded: February 2 1876 This Last Will and Testament of John Daniel of Heard County, Georgia was written in August 1868, was probated in February 1876 and re-recorded at the Heard County, Georgia courthouse on Sept 12, 1894. Will of John Daniel, Dec'd Georgia, Heard County In the name of God Amen, I, John Daniel of said County and State being of sound and disposing mind and memory, for the purpoe of disposing of my worldly affairs, do make, ordain and publish this as my last Will and Testament hereby revoking all other Wills by me at any time heretofore made. Item 1st. My soul I command to God who gave it and I direct my body to be buried in a decent and christianlike manner. Item 2nd. I direct that my debts be paid as soon after my decease as circumstances under the law will permit. Item 3rd. I Will, bequeath and devise to my beloved wife Dovey for her sold separate use and for her occupation and maintenance during her natural life my Mill on New River and forty acres of land whereon it is situated, the toll rents and all income from said Mill to belong to and be the property of my said wife Dovey. I also in like manner give to my said wife the settlement of land whereon I now live with the Mill thereon situated and all the rent tolls income and profits of said lands and Mills are likewise hereby given and belong to my said wife. That portion or part of said last named lands that my four sons Isham J., Edwin, John and Jas. L. Daniel shall cultivate shall be to them free from rent. My said wife is to have her control of forty acres of cleared land on the West side of the Chattahoochee River and all of the cleared land on the East side of said river, all of which is hers to use, rent and control during her natural life together with the income from my Mill situated in said premises as aforesaid. At the death of my said wife, I will and devise and bequeath all of said lands and Mills above mentioned to my said four sons, Isham, Edwin, John and James share and share alike. Item 4th. I give, bequeath and devise to my three daughters, Betty, Piety and Dovey my settlement of land near St. Cloud in said County known as my old home place containing about nine hundred acres to be theirs absolutely from and after my death share and share alike. I also give to each of my said three daughters a good horse. I further direct that in the event either of my said daughters should die without issue her or their portion of the above said lands shall go to and belong to the survivors of said three daughters or their issue. Item 5th. I direct that my said four sons named in the 3rd item of this Will have also a pine lot of land I own near the John Crosby place which makes the Mill lands on the Chattahoochee River contain about eleven hundred acres of land. Should either of my said sons die without issue then their portion of all the lands given then shall go to the survivors of said four sons or their heirs share and share alike. Item 6th. I will and bequeath unto my son-in-law Wm. Jones a lot of land No. two hundred and eighty five in the twelfth district originially Troup now said County of Heard. Item 7th. I will and devise to my daughter Delilah Harris and to her and her children for their use, occupation and benefit two thousand dollars or land to that value, said amount of money or land to my said daughter and her children free from the debts or contracts of her present or future husband. And should I in my lifetime buy ? for my said daughter the land above comtemplated then at my death this clause of my will to be inoperative and void. Item 8th. All the balance of my property and estate not above enumerated and not necessary to raise the two thousand dollars above mentioned for my daughter Delilah, should it be necessary to raise that sum, I give and bequeath and devise to my said wife Dovey to give off and dispose of to her children as she may think proper and after her death whatever remains of said property to be equally divided between all of my children share and share alike. Witness my hand and seal August 18, 1868. Signed, John Daniel Signed, sealed, declared and published by John Daniel as his Last Will and Testament in the presence of the subscribing witnesses who suscribed as witnesses at the special instance and rquest of said testator in his presence and in the prsence of each other. August 18, 1868. Simeon J. Meahorn, W.G. Crews, W. Mck.Watts Georgia, Heard County J.B. Beall, Ordinary of said County do certify that the foregoing is a true copy of the last Will of John Daniel duly proved before me in Common form at the February term of the Court of Ordinary that I.J. Daniel and John Daniel named therein as executors duly qualified before me at said term, and to vest them with full authority to execute said Will. I have duly issued to them the Letters Testamentary hereunto annexed. In testimony whereof I shall hereunto set my hand and seal of office this 2nd day of February 1876. J.B. Beall, Ordinary. Recorded Sept 12th 1894 G.A. Crain, Ordinary. ************************************************ This file has been created by a form at http://www.poppet.org/gafiles/ File size: 5.7 Kb