JONES COUNTY GA WILL OF PITTS, John - 1853 LAST WILL AND TESTAMENT OF JOHN PITTS ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Larry C. Comer LComer@houston.rr.com ==================================================================== Jones County, Georgia, Will Record D, page 36 Georgia, Jones County I John Pitts of said county being of sound mind and disposing memory do make publish and declare this my last will and testament in manner and form following to wit First. I confirm unto my beloved wife Lucy C. Pitts all the property and effects I received by her on our intermarriage as expressed, agreed on and upon the terms as contained in the marriage agreement reduced to writing between my self and the said Lucy C. on the twenty second day of May eighteen hundred and fifty. I also give and bequeath unto my beloved wife Lucy C. all that tract or parcel of land situate in said county adjoining the town of Clinton and the lands of Jonathan Parrish and Sarah D. Jones containing fifty acres more or less and being the place on whereon I now reside to have and to hold the said tract or parcel of land together with the rights members appurtenances thereto belonging unto her the said Lucy C. Pitts for and during her natural lifetime only and from and immediately after the death of the said Lucy C. Pitts the said tract or parcel of land to go to, vest in and become the property and estate of all my children to be equally divided between them share and share alike. the confirmation of said property received by me on my marriage with the said Lucy C. is with a view to carry said agreement into full effect on my part, and the same together with the other legacies herein given to her is all I devise her to have out of my estate and and [sic] in lieu of Dower. Second. Whereas I have heretofore given to my daughter Martha H. Blount wife of David E. Blount of said county four negroes to wit Feriba, Peggy, Toby and George valued by me at the sum of thirteen hundred dollars, also a promisory note on Peyton T. Pitts for two thousand three hundred and eighty three dollars, also Fifty acres of land situate in said county adjoining other lands of the said David E. Blount and Thomas Hogan and valued by me at the sum of two hundred and fifty dollars and also stock to the value of one hundred dollars amounting in the aggregate to four thousand and thirty three dollars, which said negroes, promisory note, land and stock I have heretofore delivered to the said David E. Blount and I hereby confirm the title of said negroes, promisory note, land and stock to the said David E. Blount absolutely and forever. Third. Whereas I have heretofore given to my son Dauphin L. Pitts six negroes to wit Arnold, James, Mick, Hasty, Geeasy and Vina valued by me at at [sic] three thousand and three hundred and fifty dollars, also money, stock and other property to the amount of three hundred and fifty dollars and have permitted him to have the use and occupancy of the land I purchased of John Drury situate in said county for and during the present year jointly with Aurelia W. Gibson for his part of the rent at seventy dollars, amounting in the aggregate to the sum of three thousand seven hundred and seventy dollars ($3770) I hereby confirm the title of said negroes, money, stock and property so delivered unto the said Dauphin L. Pitts absolutely and forever, and I further direct that the said Dauphin L. Pitts receive from my Estate in money or other effects most suitable to him the sum of two hundred and sixty three dollars to make him equal to the amount received by by [sic] my daughter Martha H. Blount and that he pay no other rent for the said land the present year. Fourth. Whereas I have heretofore given to my daughter, Ann Maria Gibson wife of Aurelias W. Gibson seven negroes to wit: Moses, Tom, Isaac, Silvey, Sipe, Sarah and Walter valued by me at three thousand four hundred dollars $3400 and stock provisions and other property to the amount of four hundred dollars and have permitted said Aurelias W. Gibson to have the use and occupancy of the land purchased by me of John Drury situate in said county for the present year jointly with my Son Dauphin L. Pitts at seventy dollars for his part of the rent of the same the present year amounting in the aggregate to the sum of three thousand and eight hundred and seventy dollars ($3870) which said negroes stock provisions and other property I have heretofore delivered to the said Aurelias W. Gibson & I hereby confirm the title of said negroes, stock provisions and other personal property so delivered unto the said unto the said Aurelias W. Gibson absolutely and forever. I further direct that my said daughter Ann Marie Gibson receive out of my Estate or other effects most suitable to her the sum of one hundred and sixty three dollars to make her equal to the amount received by my daughter Martha H. Blount and that the said Aurelias W. Gibson pay no other rent for said land the present year. Fifth. I will and direct that before any general divison of my Estate shall take place that there be first set apart and seperated from my Estate a sufficient amount of negroes, money or other effects to consist principally of negroes as will make the sum of twenty thousand one hundred and sixty five dollars which I will and bequeath unto my five other children, namely Elizabeth R. Pitts, Marietta T. Pitts, Ira P. Pitts, John M. Pitts, and Archibald N. Pitts to be equally divided between them share and share alike which will make each one of said children share in the same the sum of four thousand and thirty three dollars (4033) equal to the amount heretofore given by me to my daughter Martha H. Blount. Sixth. I will and bequeath and direct that all the rest and residue of my Estate both real and personal and of every kind and description whatever and wheresoever the same may be not herein before willed and bequeathed away, after the payment of my debts, funeral expenses and the Expenses of the due administration of my Estate be equally divided between all my children namely Martha H. Blount, Dauphin L. Pitts, Ann Marie Gibson, Elizabeth R. Pitts, Marietta T. Pitts, Ira P. Pitts, John M. Pitts, and Archibald N. Pitts share and share alike. I however will and direct that all the legacies, property or estate that shall fall to or be set apart for my five youngest children according to the provisions of this my last will and testament, namely Elizabeth R. pitts, Marietta T. Pitts, Ira P. Pitts, John M. Pitts, and Archibald N. Pitts be kept together on one or more of my farms or plantations now owned by me till they respectively arrive at the age of twenty one years or they marriage of my daughters, without a division their estate and as each of said children shall respectively arrive at the age twenty one years or the marriage of a daughter such child so arriving at said age or on the marriage of a daughter to draw receive and have his or her portion of said legacies property or Estate. Each division to be made by three disinterested freeholders residing in said county and to be nominated and appointed by the Ordinary of said county. And I hereby vest in my Executors herein afer named the power to purchase such lands or other property as may be necessary for the purpose of keeping and working the negroes that shall fall to and become the property of said five youngest children under the provisions of this my last will and testament together. And I also hereby vest my said Executors with the power to sell such portion of said property or estate as may fall to my said five youngest children as can well be spared or that my Executors may think for the benefit of said children. And I further will and direct that the several legacies that each of my daughters Elizabeth R. Pitts and Marietta T. Pitts shall receive by and under any clause or item of this my last will and testament shall be the sole and seperate Estate of each of my said daughters respectively free from the contracts or intermeddling of any husband. Either of them may ahve the said legacies respectively, the earnings nor the gains thereof are not to be subject to the debts contracts or disposal of the husband of either of my said daughters but the same to be under the sole and seperate control, management and disposal of my said daughters respectively for and during the natural lifetime of each and from and immediately after death of my said daughters respectively their respective legacies to go to their heirs at law. Lastly I hereby appoint my Son Dauphin L. Pitts and my sons in law David E. Blount and Aurelias W. Gibson Executors to carry into effect this my last will and testament. In testimony whereof I have hereunto set my hand and seal this 30th of June 1853. John Pitts (Seal) Signed sealed published and delivered by the testator as and forhis last will and testament in the presence of us who in his presence and in the presence of each other and at his request ahve subscribed our names as witnesses. Tomlinson Fort Horatio Bowen Robert V. Hardeman Asbury Kingman Georgia Jones County Court of Ordinary September Term 1853 In open Court personally came Horatio Bowen and Asbury Kingman who being duly sworn say that they saw John Pitts sign, seal, publish and declare the foregoing instrument as and for his last will and testament: that at the time of the Execution of said instrument the said John Pitts the testator was of sound and disposing mind and memory: that he executed the same freely and without compulsion in the presence of deponents who together with Tomlinson Fort and Robert V. Hardeman subscribed the same as witnesses at testators request, in his presence and in the presence of each other. A. Kingman Horation Bown Sworn to and subscribed in open Court 5th September 1853. Elbert Hutchings Ordinary Recorded September 6th 1853. Elbert Hutchings Ordinary ======================== 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.