LIBERTY COUNTY, GA - WILLS Joseph Austin 1829 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Carolyn J. Cooper caroljcoop@everestkc.net Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm THE LAST WILL AND TESTAMENT OF JOSEPH AUSTIN Liberty County, Georgia January 28, 1829 (From the original will and transcribed exactly as written including the original spelling and punctuation except in the instances where "f" is used as "s". Where there are questions about words I have inserted question marks. Items appearing in brackets are my own comments.) Found and photocopied by Mary Whitaker and transcribed by Carolyn J. Cooper Georgia Liberty County In the name of God Amen. I Joseph Austin of the County and State aforesaid, planter, being of sound mind, but considering the uncertainty of this mortal life, do make this my last will and testament. Item 1st. I will that my body be decently buried, at the discretion of my executors hereafter named. 2nd I will that all my just debts be paid. 3rd It is my will and desire that the following Negroes named Harry and Phillis bought at Sheriff's sale from John Stewart, Sheriff of Liberty County, and recorded in the Clerk's office in Book H pages 459 & 460, sold as the property of Peter Farley Winn, and now in the possession of said Winn, shall go to the son of the Said Peter Farley Winn, named Abiel Winn, as soon as the debts are paid by said property which I have assumed for the Said Peter Farley Winn. 4th It is again my will that a certain tract of land, sold as the property of the said Peter Farley Winn, & purchased by me at Sheriff's sale, and sold by Benjamin Mell, Sheriff of Liberty County, titles to the same recorded in the Clerk's office in Book H. pages 458 & 459, be the property of the son of the Said Peter Farley Winn, named Abiel Winn, as soon as the debts are paid which I assumed for the said Peter Farley Winn. 5th It is also my will that the following named Negroes, to wit, Charlotte, Harriet, Abby, Lewis, David, Tenah, Peggy, Elizabeth, Frank, Bristol, Bob, Toney & George, making thirteen in number, and now in the possession of the Said Peter Farley Winn, and purchased by me at Sheriff's sale from William Maxwell, the then Sheriff of Liberty County, (bill of sale recorded in the Clerk's office in Book I. Folio 257) be the property of the son of the said Peter Farley Winn, named Abiel Winn, together with the future increase of the females; as also the increase of the female slaves named in the 3rd item of this my will, to him, & to his heirs & assigns, so soon as the debts are paid which I assumed for the said Peter Farley Winn. Item 6th I give and bequeath to my beloved Son Joseph Austin my young horse called Liverpool. [Joseph Austin, Jr. moved to Quincy, Gadsden County Florida before 1837.] 7th I give, devise and bequeath to my Said beloved Son Joseph Austin my principal dwelling house and furniture, and out buildings, where I now reside, reserving the free use & privilege of the same to my affectionate wife, and her sister Fanny Valley, together with the furniture, as it now stands. Also a supply of provisions, vegetables, & other products of the plantation, for family use; and the benefit of the stock, together with a sufficiency of good land for the Negroes belonging to my said wife and her sister to plant, and enjoy the same during their natural lives, as they did during my life time. [This wife was Joseph's second wife, Mary Soulegree, widow of John Soulegree.] 8th It is also my will and desire that my Said wife and her sister Fanny Valley be provided with a good gig, horse, and boy, to be at their or either of their disposal at all times, during their natural lives. I would leave my wife even more, but she has been amply provided for by a marriage settlement between herself & myself. 9th I give and bequeath of my Said beloved son Joseph Austin the following negroes, to wit, Venus, Lanchester, Isabel, Lucy, Caleb, Little Sally, Cretia, Eliza and Andrew, making nine slaves, to him & to his heirs and assigns forever. 10th I give and bequeath to my daughter Abigail King, the wife of Reuben King, to her and to the heirs of her body, the following negroes, to wit, Sally, Arrington[?], Amey, Nancy and Pompey. The last three negroes named I claim under & by virtue of my former wife's will, being the issue of a certain wench named Sylvia. (Said will recorded in the Clerk's office of Liberty County.) The above negroes not to be subject to the debts of Reuben King, the husband of my said daughter. [Joseph's former wife was Sarah Ann Pritchard Hinson who had died a number of years earlier.] 11th I give and bequeath to my nephew, Bartholomew A. Busby, a certain sorrel gelding, now in his possession, named Napoleon. Also one tract of land containing 105 acres, being a part of the original tract now owned by my said nephew, & purchased from Mr. James S. Bullock, administrator of the estate of John Elliott, & formerly owned by Robert Iverson. 12th The residue of my estate, both real & personal, to be equally divided, one half to go to my son Joseph, and the other half to my daughter Abigail King and the heirs of her body, & in no way subject to the debts of her husband Reuben King. 13th It is my will that in case my said son Joseph Austin should die intestate & without issue, then his part of my estate bequeathed to him become the right and property of my said daughter Abigail King, to her & to the heirs of her body forever. 14th Lastly, I do hereby nominate and appoint my trusty friend Reuben Kin, my son Joseph Austin, and my nephew Bartholomew A. Busby, my executors to carry this last will and testament into effect, revoking all others made by me. ____ In witness whereof I the said Joseph Austin have hereunto set my hand & seal this twenty eighth (28th) day of January in the year of our Lord one thousand eight hundred and twenty nine (1829). Joseph Austin (seal) Signed, sealed, published and declared by the above named Joseph Austin as and for his last will and testament in presence of us, who have hereto subscribed our names as witnesses thereto in the presence of the said testator, & of each other. Jos. Jones W. Maxwell Joseph M. Jones Note. The interlineation of this will, between the thirtieth and thirty first line of the word "thirteen" was done before the execution of the will. In presence of Jos. Jones W. Maxwell State of Georgia Liberty County Captain Joseph Jones, being duly sworn, deposeth and saith, that he is a subscribing witness to the within last will and testament of Joseph Austin, deceased, which he saw duly executed by the Said testator in presence of William Maxwell and Joseph M. Jones, the other two subscribing witnesses, and that the said testator appeared at the time to be in his perfect senses. Jos. Jones Sworn to before us this 4 January 1830. Wm. Hughes John Dunwoody Robert Hendry [could be Hendrix] Jun. State of Georgia Liberty County I Elijah Baker, Clerk of the Court of Ordinary for said County, do hereby certify the Foregoing to be a true copy from the record. 20 February 1830 E. Baker bbohp[?] Joseph Austin's estate was appraised January 12, 1830 and the following slaves were named: Jenny Jane Louisa Philis Rose Judy Delilah Fanny Prince Charles Stephen Jacob Ben Will Billy Ned Jim Old Stephen Chloe Jemimah Sally Elleck George Harry? Boston Lucy Sarah Toney Candis Lanchester Amy Adam Little George Little Rose Bina Phoebe Rachael Little Jina? Pompey Simon Lukey Milly Tom Polly Brister Big Peggy Tenah Elizabeth Frank Bob Harvey Philis Toney George [There are a few repetitions in the names. It is logical to assume that the appraisers may have forgotten to put "Big" or "Little" in front of them.]