Wills: Francis Power, 1793: Madison County, Georgia Contributed for use in USGenWeb Archives by Anne C. Booth ***************************************************************** 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/ 1 Jan 2001 ***************************************************************** LDS Library, Film # 0351750 Will Records 1811-1922.Georgia; Madison County: Court of Ordinary Book A B 1812-1896 Page 8 Will of Francis Power It the Name of God Amen I Francis Power of Elbert County in the State of Georgia being sick & weak of body but of perfect & sound sence (sic) and memory do make constitute & ordain this to be my Last Will & Testament in manner & form following.. Impremis..I lend to my beloved Wife Elizabeth Power the use of all my personal Estate of every kind whatsoever except the Legacy hereunder mentioned as given to my Son William Power & those given to my Daughter Elizabeth Wood. I also lend her the use of the plantation whereon I now live and the use of Two hundred acres of land being part of my tract of land on Fork Creek & including the plantation as aforesaid which land & other Estate as above mentioned. I lend to my Said Wife During her natural life or widowhood and at the expiration of either dispose of it as hereunder mentioned.- and I do direct (?) & devise that my said wife will maintain & raise my children and give them such education as the circumstance of my Estate will admit of in consideration of first having the use of the said Estate. Item... My will & desire is immediately after my Estate is appraised that my Son William Power shall have one gelding called Smokie.(?) & one mans Saddle or the sum they are appraised to the amount of which shall be deducted out of his Equal share of my Estate at the final division of the same..... Item...My will and desire is that immediately after my Estate is appraised that my Daughter Elizabeth Wood shall have one feather bed & furniture.....also one cow which she claims as her own. One cow which I purchased of Samuel Patton & their ________ (if they have any at that time) also one saw which she shall have at the sum they are appraised to which shall be deducted out of her equal Share of my Estate on the final division of the same. Item... (In) Case my executors shall find it necessary to sell any part or all of my land (except two hundred acres, including the plantation as above mentioned,) they may sell and make titles to the same as they may sell any part of my personal Estate at their discretion at any time before the marriage or death of my Wife and in case any of my Children shall marry or come to the age of twenty one years before the marriage or death of my wife my Executors may at their discretion let such child or children have some part of my Estate to the same value (as near as may be consistent) of the sum totally(?) given my Daughter Elizabeth Wood & whatever may be the amount of the __________ to such child or children shall be deducted out of his or her share of my Estate at the final division of the same. And my will and desire is that all my children that shall marry or come to the age of twenty one years before the marriage or death of my wife shall be intitled (sic) to an equal part of my Estate with shares (?) they may not be married or of the above age at the time of her death or marriage and that the child she goes with shall be intitled to an equal division of my Estate with my other children and at the death or marriage of my said Wife my desire is that all my Estate that shall then remain shall be sold to the highest bidder and the money arising from such sale to be equally divided amongst all my children that shall marry or be living at the time of such final distribution of my Estate always having due regard to the amount that any of my children may have received before such final division takes place. Item...I do nominate constitute & ordain my wife Elizabeth Power with my Son William Power & my Son in law James Wood & William Stokes of Elbert County to be executors of this my Last Will & Testament. Revoking & disannulling all Will or Wills by me heretofore made. In Witness whereof I the said Francis have hereunto set my hand & affixed my seal this Twenty Third Day of November in the year of One Thousand Seven Hundred & Ninety Three. Francis (his P mark) Power...Seal Signed Sealed & delivered in the presents (sic) of Joseph Attech (?) Robert Cawder John Mathesan (?) Georgia; Madison County: John Mathesan (?) comes into open Court & on oath saith that he was a subscribing witness to the within will that at the time of executing the same he has just reason to believe that the said Francis Power was in his proper senses. Sworn to & subscribed to this 6th day of July 1818. John Mathesan Attest. William Mesoney (?) CCO Recorded 3rd August 1818. .. William Mesoney (?) CCO