Houston County GA Wills John Cliett File contributed for use in USGenWeb Archives by Jean Marilyn Cliett http://www.usgwarchives.net/ga/houston.htm Table of Contents page: http://www.usgwarchives.net/ga/gafiles.htm Georgia Table of Contents: http://familytreemaker.genealogy.com/users/c/l/i/Jean-M-Cliett/ Cliett Family Site WILL OF JOHN CLIETT DECEASED State of Georgia Houston County In the name of God Amen. I, John Cliett of the county and state as same said, being of sound and disposing mind and memory and ___________________to settle my worldly affairs while I have strength to do so, so do make and publish this being my last will and testament hereby revoking all wills by me heretofor made. And wish & commit my sole to the God, who gave it, and desire that my body me be buried in a de_________ christen like manner agemable to my circumstance and condition in life; and my wordly estate dispose of in the following manner: First - i give my wife, Elbey Cliett, tract of land timber, two hundred & eighty,(208),and twenty eight acres of land adjoining the same on the ______ __________ ___________- ___________(unable to read) the improvements thereon which said land and improvements it is my will & desire my said wife shall have hold & possess enjoy during her natural life or said widowhood and no longer provided that she my said wife shall continue to live ___ & occupy said land herself for & during her natural life or widowhood & not sell or attempt to sell her life estate or interest therein . but should my said wife at anytime after my death marry again or move off from or quit the possession of or cause to reside upon said lot of land, or sell or attempt to sell or dispose of said land or her interest therein then & in that event it is my will and desire that all of my said wife’s right title interest & claim in to said land shall cease and demand and that said land shall be disposed of my by executors as is herein after provided. I also give to my said wife all the lands of which I become size & possessed or any wise interested in or entitled unto by virtue of my marriage to her which said lands were inherited from or were formerly owned by James Blackstone, late of the county of Columbia, deceased; lying and being situate in the State of Georgia. And i also give to my said wife in like manner all the lands of which I became size,___ or entitled unto or interested in by virtue of my said marriage with my said wife which said lands were drawn by the orphans of the said James Blackstone after his death of which also lie & are situated in the State of Georgia. I also give to my said wife a certain negro boy man by the name of Mitchell about thirty five years old which said negro man my siad wife is at full liberty to give away or dispose of at her death but not before; but it is my express will and desire that my said wife shall have no power to sell or dispose of said negro man or her interest in him during her life;; said negro man being expressly given to her for the purpose of laboring for a support and maintenance for my said wife during her natural life. I also give to my said wife my sorrell horse named Charley or a horse with as much as said horse Charley; and I also give to my said wife all of house hold furniture which is in is usually left in that part of my dewelling house that is usually occupied by my said wife and I also give her one cow & calf one sow & pigs, five hundred pounds of pork, fifty bushels of corn & one thousand pounds of fodder. It is my will & desire that the property herein given to my said wife be in full satisfaction of all that she is ever to receive from my estate and that she receive the whole of the property herein given as above stipulated and provided in lieu of _____in all the county of which I may bee siezed & possess and said property under the limitations and_______________________(unable to read)_______________________ truly declared to be given to my said wife in lieu of dower. And if my said wife should fail or refuse to receive the provisions made for her in this will in lieu of dower in that event it is my int and desire that the said property herein by or given to her by this will & her interest in such become a part & percel of my residuary estate & be disposed of as is herein after permitted & that my said wife shall have no right title interest or claim in & to the same. Secondly - I give to my son Alford M Cliett one hundred acres of land lying & being situated in the Sixth District of Houston County and known as the South half of lot of ___ number two hundred & thirty nine in said district. I also give to my said son Alford M. Cliett my negro man named Jack about forty five years old - my negro boy named Frederick about twenty years old and negro woman named Sarah about twenty eight years old - my negro boy named Harrison said negro woman’s Sarah - two children named Lucinda and Amanda, and my negro girl named Mary Ann about sixteen years old and I also give to my son Alford M Cliett one bed & furniture and bed stead & my cane bottomed armed rocking chair. Thirdly. I give to my daughter Rhoda Jane Jenkins, wife of John T Jenkins, lot of land number two hundred eighth and twenty eight acres of land adjoining the same on the South side (2?8)in the Sixth District of Houston County at the death or marriage of her mother or whenever her said mother shall cease to live upon & occupy the same or sell or attend to sell her life estate or interest in the same or so soon as her said mother shall refuse to c=accept the provision herein made for her in line of Dower. I also give to my said daughter Rhoda Jane the following property to _: a negro man named old Dick and old Dicks wife named Nancy, a negro girl named Sally, about twenty years old - a negro woman named Rachel, a negro girl named Eliza about ten years or eleven years old - on bed & furniture & bid stead - one good horse and side saddle & bridle one sow and calf, one sow and pigs, five hundred pounds of pork, fifty bushels of corn and one thousand pounds of fodder. It is my will & desire that my said daughter Rhoda Jane shall have all of the property given to her during by this will for & during her natural life & no longer and at her death that said property shall be the property of such child or children as she may have living at the time of her death and it is my will further will & desire that my said daughter should have the use benefit & mean profits of said property for her sol & separate use and benefit and to enable her to may(?) & educate such child or children as she may have during her life time whole of said property both as far as respects her use benefits ocupancy & use (?) profits as well as the title & possession there of and things of__ menh as the same to be & forever remains free _____ from (the rest of the line is unreadable, but ends) she may marry. It is my will that if the said John T Jenkins the husband of my said daughter Rhoda Jane who has left her should return to her and live with her in Houstoun County and demean himself towards her as an affectionate husband ought to demean himself toward a wife that then & in that event he the said John T Jenkins may perticipate with my said daughter in enjoying the use of misne(?) profits of said property so long only as he shall live with her in Houstoun County and so demean himself towards her; and it is my express will that said property shall not only be free of exempt from the debts contracts & liabilities of the said John T Jenkins but that he shall not be permitted under any circumstances to convey remove or carry said property or any part thence of out of the County of Houston and should he do so or attempt to do so; it is my will that he shall no longer be permitted to participate with his wife in enjoying the use of said property or any benefit what so ever arising from the same.. It is my will that my executors hereinafter named act as the trustee of my said daughter Rhoda Jane and if they should at any time fail or refuse the use as such then it is y will that the Superior proper to act as such trustee for my said daughter. Fourthly - I give to my son Jesse Cliett one hundred _______ of land lying & being situate in the ninth district of Houstoun County as originally drawn it being a part & parcel of Don Unmber seventeen (17) in said district; said land lying described in a deed made to me for the same by John T Obllrison And I also give to my said son Jesse one hundred three acres of land lying & being situate in the sixth district of Houstoun County it being the even half of lot number two hundred & fourty two in said district said lot being divided by a hollow running through the same & which said land is described in a deed made to me by Eaphmain Shera I also give to my said son Jesse the following property to _: a negro man named little Dick & little Dick’s wife named Alice and their children, Jim eleven or twelve years old, William ten years old, Rheba about nine years old, Moses six or seven years old and Linda about eighteen months old - one good saddle hourse, saddle & bridle worth one hundred & twenty five dollars, one cow & calf, one sow & pigs, one bed furniture & bed stead and one double barrel shot gun. It is my will that the property herein given to my said son Jepe shall all be kept together the negroes worked upon the land, until, my said son shall become twenty one years old and it is my further will that my said son shall be educated agreeable to circumstance taking into consideration the property that I have left him. Fifthly - I give to my daughter Martha Cliett one dollar in specie to be paid to her by my executors in her arriving at the age of twenty one years and it is my will and desire that she shall not receive anything more than that sum out of my estate or any property, goods, chattels, rights, credits, effects that I may die sized & possessed of and the same above mention sum is expressly stated to be in full of all that she may, is ever to receive out of or from my estate in any manner shape or from whatsoever Sixth - It is my will and desire that my six following named and described slaves & each and all of them to _; a certain negro man by the name of Bartley, about sixty five or seventy years old - a certain woman by the name of Dorcus about fourty five years old of yellow complexion, a certain boy by the name of Washington about fifteen years of age of yellow complexion, a certain girl by the name of Louisza about thirteen years old, a very bright malanto, a certain girl by the name of Mary about ten years old a malanto, and a certain boy by the name of Levi about six years old, a very bright mallanto & nearly white; be earh and all of them taken immediate possession of by my executors hereinafter named immediately after my death and it is my further will and desire that my said executor shall take carry remove and convey my said last six above named and described slaves and each & all of them together with their wearing afford any beds & building out of & by and the limits of the State of Georgia and that my trustees(?) shall carry, remove and ___ my said six slaves list above mentioned and each & all of them together with said clothes and bedding to some free state or territory belonging to the United States of America in which said state or territory slavery or involuntary servitude is by the living there of prohibited and I herein give disservitionary forever to my said executors to select and State in the United or territory __ or belonging to the United State of America to carry, convey & remove my said six slaves list above mentioned and described to: making it obligatory on them in using such discretion to select some one of the United States or some territory, ---- or involuntary servitude is not tolerated by the laws thereof and in which posses of colony are by the laws then of permitted to enjoy freedom. And it is my express will and desire that my said six slaves list above named and described shall so same as they shall be carried conveyed and removed beyond the limits of the State of Georgia and into a free state or territory, elected by my executors as above furnished for that them & not until then they the said six slaves list above named & described shall become free liberated emancipated and ____ and that they shall become ablimands be held by my heirs executors adminstrators or assigning or any or either of them in a State of slavery or involuntary servitude. It is my will & desire that the sum of one thousand dollars in money _________________(can’t read line) The expense of carrying, conveying & removing the sic slaves list above mentioned & described; such state or territory as may be elected by my executors under the will above mentioned prescribed and the purpose of settling of said slaves after they are carried to such state or territory and my said executors are hereby directed to spend the said sum of one thousand dollars to the best advantage for the purposes above specified. It is my express will and desire that in the event that my executors should be prevented from any cause whatsoever from carrying out this my will in relation to carrying & conveying & remaining of the six slaves in above named & described to a free state or territory belonging to the United States in which slavery is not tolerated __ then & in that event my said executors shall send the said six slaves list above named & described to Liberia where they can enjoy their freedom; and my said executors are hereby directed to pu out of my estate all of the expenses of carrying said slave to Libinia be the cost of sending them to Liberia what it may and it is my further will & desire that my executors shall be liberally renumerated out of my estate for the trouble that they may be at in carrying out this my said will in relation to the six slaves list above mentioned & described whether they are carried to a state or territory belonging to the United States of America or sent to Liberia by my said executors. Seventhly- It is my will & desire that all of the balance of the property both real & personal chosen in action goods chattels & effects of every kind & description of which I may be sized & possession at the time of my death except the property especially mentioned and already disposed of in this will shall be sold by my executors & the money arising form the sale of the same be applied to the payment of any just debts and the carrying out the of the provision of this will and if there should remain any thing money in the hands of my executors after paying my just debts & carrying out the provisions of this will it is my desire that whatever amount of money may remain in the hands of my executors shall be equally divided between my three children, Alford M Cliett, Jesse Cliett & Rhoda Jane Jenkins. Eightly - It is my will & desire of my wife Elby Cliett refuses to accept the provisions made for her in a former part of this will in lieu of dower and claiming dower in the name estate of which I may lie sized and possessed that then & in that event all of the property given to her in & by this will except lot of land number tow hundred and eight in the Sixth District of Houstoun is hereby directed to be sold by my executors and the money arising from the sale of the same I hereby direct my said executors to pay to my said three children Alfred M Cliett, Jesse Cliett, Rhoda Jane Jenkins and if my said wife should claim dower in the lands of which I may lie size & possessed then & in that event it is my will & desire that she should have nothing __ but her dower out of my estate. Ninth- It is my will & desire that if any of my heirs or legatees named in this will shall attempt to prevent my executors from fully carrying out this my said will that then & in that event such heir or heirs or; legatee or legatees do shall be wholly disqualified to take or receive any beneficial interest whatsoever under & by virture of this my will and all the property which may have of apart for such heir or heirs legatee or legatees is hereby directed to be paid over and delivered over in equal portions by executors to such of my remaining legatees as may not do not attempt to prevent my said will executors from carrying out this my will fully & completely Tenth -I constitute & afford William L Kernh & Daniel C Culpepper executors of this my last will & testament. In witness where of the said John Cliett have to this my last will & testamentconcistion of twelve pages set my hand and affexed my seal this seventeenth day of August 1854 JOHN CLIETT (LS) Signed sealed published & declared by the above named John Cliett as his last will and testament in the presence of us who at his request in presence of each other and in presence of said testation have subscribed our names as witness hereto Shepard Rogers Bryan Bateman W L Kernh (?) November term of Houston Court of Ordinary Came with open court at this regular term of the court Bryan Bateman who being duly sworn disposeth and saith that he saw John Cliett sign and publish the within as his last will and testament while of sound & disposing mind that he witnessed the same for him at his request and in ths presence and in the presence of the other subscribing witnesses and in the presence of eath other and that the same was executed voluntarily by him on the day it purports to have been written Sworn to & subscribed before me in open court November tern 1864 W T Smft (O.H.C.) Bryan Bateman Notes: John has named six slaves in his will that are to be set free, and leaves his youngest daughter $1.00. This will just speaks volumns to me about this family. John Cliett was the son of Henry Cliett of Columbia County, Georgia. This makes him my GGG Uncle. ( His brother William J. L. Cliett is my gg grandfather and his wife Elby Blackstone was aunt to Rosa Blackstone wife of William J L Cliett.Henry Cliett, (John's father) was Elby Blackstone's guardian when her father James Blackstone died. ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============