LIBERTY COUNTY, GA - WILLS Sarah Ann Austin 1806 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 SARAH ANN AUSTIN Liberty County, Georgia December 17, 1806 (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 Sarah Ann Austin [Sarah Ann's maiden name was Pritchard. She had been previously married to Clayborn Hinson.] of the State and County aforesaid, being of perfect mind and memory, calling to mind the mortality of my body make and ordain this my last will and Testament. ___Item: I recommend my body the Earth to be buried in a decent manner and my Soul into the hands of God that gave it, Humbly beseeching him to receive it through the Infinite Merits of Jesus Christ. ___Item: I give and bequeath unto my Son Claborn Lewis Austin, all of the hereafter named negroes with all the profits arising from them, under the control of his father Mr. Joseph Austin. If he dies before he arrives to the age of twenty one years then after the death of my husband Mr. Joseph Austin the hereafter named negroes shall return to the heirs of my Father James Pritchard esquire /deceased/ and my husband is to have the profits arising from them at his own free will and disposal. /Viz/ Jenny, Sylvey, Jane, Tillis, Louiser [appraisal has this as Louisa], Isaac, Billy, Ned, Titus, Big Lanchester [spelled Lancaster in the appraisal], Jim, Will and Ben. Lastly I do nominate, constitute and appoint Mr. Joseph Austin, Mr. John Burnet and Mr. Samuel Burnet my Executors and do acknowledge this to be my last will and Testament. In witness whereof I have herunto set my and and Seal this Seventeenth day of December 1806, And of American Independence the thirty second. Signeed Sealed and delivered in presence of Saml. Lewis Sally Lewis State of Georgia, Liberty County Personally appeared Samuel Lewis a subscribing witness to the last will and testament of Sarah Ann Austin who being duly sworn saith, that he was present and did see the said Sarah Ann Austin here within named Testatrix sign, seal and deliver the within Instrument of writing as is and for her last Will and Testament as it now stands to the best of his knowledge and belief, and that the said Samuel Lewis together with Sally Lewis did each of them at the request of the said Sarah Ann Austin, who appeared to be in her proper senses and in her person and in the presence of each of them, Subscribe their names as witnesses thereto. Sworn this 7th day of March 1808 Saml. Lewis Before us Jno. Stevens Wm. Fleming Justices of the COLC(?) John Hirsh (?) Recorded the 8th day of March 1808 [On March 7, 1808, Joseph Austin was named administrator of the estate of Sarah Ann Austin and an appraisement of her estate on April 25, 1808 included the slaves named in her will.] [A follow up on the slaves belonging to Sarah Ann Austin: During the December 1830 and April 1831 sessions of the Liberty County Superior Court, the heirs of Sarah Ann Austin's father, James Pritchard, filed a suit against the estate of Joseph Austin in an attempt to reclaim the slaves. They named the executors of Joseph Austin's estate as Reuben King, Joseph Austin [Jr.] and B.A. [Bartholomew Austin] Busby. The document is much to long to include in its entirety, so I have extracted pertinent parts of it.] ……Complainants John B. Pritchard, Sarah Pritchard Harris and Mary Harris his wife, late Mary Pritchard Button [could be Burton], and Ann, late Ann Pritchard and Robert Pritchard……said John, Sarah, Mary, Ann and Robert are children of Richard and grandchildren of James Pritchard……Mary Elizabeth Boyd, widow of Charles Boyd, deceased, Charles Boyd a minor, son of Charles Boyd, Henry Fisher and Ann Maria, his wife, daughter of the said Charles Boyd who was a grandchild of the said James Pritchard……Elizabeth Boyd, widow of James Boyd and James Robert Boyd and Charlotte Elizabeth Boyd children of the said James Boyd who was a grandchild of the said James Pritchard. That on or about the fifteenth day of October one thousand seven hundred and ninety two Joseph Austin late of the county of Liberty deceased and Sarah Ann Hinson then a widow of the same county……in consideration of a marriage then shortly to be had and solemnized between them……did enter into and duly signed sealed and delivered their marriage articles in writing wherein and whereby the said Joseph covenanted and agreed to convey, settle and assure the said slaves and their future issue and increase unto the said Sarah his intended wife and for her sole separate and absolute use……that afterwards on the fourteenth day of October one thousand seven hundred ninety six duly signed sealed executed and delivered a deed of marriage settlement wherein and whereby the said Joseph and Sarah conveyed the said slaves whose names are set forward in such marriage articles……unto William Moore and Daniel Stewart in trust…… ……that the said Claborn Lewis Austin departed this life before he attained the age of twenty one years. [Sarah's will specified that the slaves were to go to her son or if he died before age 21 her husband was to benefit from them. Upon his death, the slaves were to be returned to her father's heirs. Some of these people would have been getting old by this time - some 30-plus years.]