Will of Berry M. David, 12 November 1853, Madison County, Georgia Will Book A-B, page 60-61 ***************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.rootsweb/~usgenweb/ Submitted by Ron Jones - rajones@esper.com 11 Dec 2000 ***************************************************************** Will of Berry M. David 12 November 1853 Madison County, Georgia Will Book A-B, page 60-61 Georgia Madison County In the name of God Amen, I Berry DAVID of said State and County, being of sound mind, memory and understanding and knowing that all men must die, I therefore make this my last will and testament hereby revoking all others heretofore made by me. Item first I desire and direct that my body be buried in a decent and Christian like manner, my soul I trust shall return to rest with God who gave it - As I hope for eternal salvation through the blessed Lord and Savior, Jesus Christ. Item the Second I desire and direct that all of my just debts be paid out of my estate by my Executors hereinafter appointed. Item the Third I desire and direct that my beloved wife Elizabeth keep my estate together as long as she lives with the liberty to sell such stock as she may think she can conveniently spare and the proceeds of the same be applied to my debts if in case she should sell any and at her death (in case she should out live me) that all of my estate be sold both Real and personal and after the payment of all my just debts as named in (Item Second). Item Fourth I will and direct that my daughter Susannah shall have a horse, saddle and bridle, or one hundred dollars as money and that my daughter Martha Ann shall have a horse, saddle and bridle or one hundred dollars in money and that my daughter Mary Elizabeth shall have a horse, saddle and bridle or one hundred dollars in money and that all three of the above named daughters shall have one feather bed and bedstead & furniture each weighing thirty pounds and that each one of the three shall have a cow & calf. Item the Fifth I will and direct that my son James W. V. DAVID have a bed, bedstead and furniture and cow &calf _?_ has had a horse, saddle & bridle and Kiziah has received one hundred dollars in money in lieu of her horse & saddle. Item Sixth If any of my daughters above named should marry and leave me and receive these thing above mentioned during my life time then their claim to the above named property shall be void, otherwise it shall remain in full force. Item Seventh I will and direct that after all of my children have been made equal that the balance of my estate be equally divided let it consist of what it may into five equal parts after the death of my beloved wife Elizabeth, to wit, I will and direct that my daughter Kiziah MOORE have one fifth part of my estate & that my son James W. V. DAVID have one fifth part of my estate & that my daughter Susannah have one fifth part of my estate and that my daughter Martha Ann have one fifth part of my estate & that my daughter Mary Elizabeth have one fifth part of my estate. Eighth & lastly I do nominate and appoint my beloved wife Elizabeth Executrix and my son James W. V. DAVID Executor to carry this my last will and testament into effect - Children settle in peace and may the God of peace ever be with you all, Amen. Signed and acknowledged in presence of us as witnesses this the 12th day of November in the year of our Lord One Thousand eight hundred and fifty two. Berry M. David Berry M. DAVID Asa DEADWYLER William F. EBERHART George EBERHART, J.I.C. Georgia Madison County Court of Ordinary March Term 1853 The within Last Will and Testament of Berry M. DAVID having been duly proven at this regular term in open court upon the oaths of Asa DEADWYLER, William F. EBERHART and George EBERHART. Ordered that the same be admitted to record. Willis STRICKLAND, Ordinary Recorded 31st March 1853 Rufus D. MIRONEY, D. Ordinary ---------------------------------------------------------------------- Note: Berry was the son of Henry David and Mary Mathews and the Grandson of Isaac David and Milly White. He married Elizabeth Vaughn ( James and Susannah Vaughn ). Henry died in his early thirties and Berry and his sisters Perlina Keziah and Elizabeth were raised by Isaac David and Susannah Vaughn David, Isaac's 2nd wife. Ron Jones - rajones@esper.com