Will of James Flemister 27 May 1845 Jasper County, GA


State of Georgia, Jasper County  } In the name of God Amen - I James C 
Flemister of the State and County aforesaid being in a low state of 
health and calling to mind the certainty of death and the uncertainty 
of life have thought proper to make this my last will and Testament

First in case of my death I want all my Just debts paid as soon as 
convenient and if need Should require in order to do so I want my land 
where on I live or miles a negro boy six years of age sold for the 
purpose of paying my debts. I leave it discretionary with the managers 
of my estate to sell which they may think best for the Interest of said 
estate

Item 2nd     I want all the ballance of my estate consisting of the 
following named Negroes Sarah a woman, Ellick and Thomas boys and Harriet 
and Emily girls and Cate a woman together with all the ballance of my 
estate not provided for kept together until my youngest child arrives 
to the age of twelve years or until my beloved wife Should marry in case 
She Should marry before that time in either case I wick an equal division 
to take place between my wife and children of my estate, that is that my 
wife have a childs part and in case that any of them Should die without 
a lawful heir - of heirs if their body to revert back to my estate

Item 3th     I wish my children to be raised supported and Educated free 
of charge of my estate until a division take place or until they arrive 
at age of twenty one except sons after they arrive at the age of eighteen 
my estate shall not be bound for their support without charging them 
board to be taken out of their shear of my estate untill they or either 
of them Shell arrive at the age of twenty one provided they Shall labour 
from the time they are eighteen to twenty one for the purpose of aiding 
the support of my family then in that case no such charge of board should 
be made

Item 4th     I do not intend for any of my property to be sold for the 
support of my family after my just debts are paid but that they live and 
support on the income of said estate

Item 5th     in case my family Should see proper to move the place where 
they now live the managers of my estate can sell my land at any time 
provided it is not sold for the payment of my debts

Item 6th     I wish Abel P. Wilson and John Bradley to be executors and 
my beloved wife Ailsey A. Flemister to be executrix to carry my will into 
effect

In witness whereof I have hereunto Subscribed my name and affixes my Seal 
this Twenty Seventh day of May one thousand Eight hundred and forty five
                                             James C. Flemister
                                                 his mark
Witness     John W. Wyatt, Jr.
            Jonathan Poulson
            William L. Flemister

Georgia, Jasper County } Personally came before us John W. Wyatt and 
Wm. L. Flemister who being sworn deposeth that they saw James C. Flemister
whose name appears to the within will (Sign Seal and publish the within 
will) as his last ill and testament & at the executing of the Same he was 
of Sound and disposing mind and memory and that they Signed the Same as 
witnesses ad Saw Jonathan Poulson Sign it also as a witness
Sworn to and Subscribed before us this 27th Oct 1845   John W. Wyatt
                                            William L. Flemister
     James M. William J.I.C.
     D.A. Reese J.I.C.
     Recorded this 20th April 1846          T.I. McMichael C.C.O.

Estate inventory recorded April 4 1849
From Jasper County Will Book 13-1, Pages 158-160

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