Wills: James Power, 1838: 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/ 29 Dec 2000 ***************************************************************** LDS Library, Film # 0351750 Madison County, Georgia Will Records 1811-1922 Will Book A, Page 98 In the name of God Amen I James Power of the County of Madison and State of Georgia being weak and low in health, but sound in mind and memory thanks be given unto God calling into mind the mortality of my body and knowing that it is appointed for all men once to die, Do make and ordain this my last Will and Testament. That is to say principally and first of all I give and recommend my Soul unto the hands of Almighty God that gave it and my body to the earth to be interred in such decent sort as my Executor hereafter named shall think proper. And take all the property which I may be possessed of at my death into their hands for the uses and purposes therein after named. Second...My will and desire further is that my said Executor hereinafter named cause a public sale of so much of my personal property as shall be necessary to pay off all just debts.that I may be owing at my Death. Third...It is my will and desire further that all the remaining part of my Estate be left and remain in the use and possession of my wife Elizabeth Power for and during her natural life, or widowhood, for the maintenance of herself and the maintenance of and schooling of my three youngest children, except as much as is otherwise directed in the next clause of this instrument. Fourth...As I have already given off to my four children, that are now married, property to the amount of sixty Dollars each and to my Son William W. a Horse Saddle and Bridle worth Eighty Dollars. I desire and will that my three younger children as they marry or become of age Shall receive out of the property left in my wifes hands, property in Bed and Furniture...and other articles worth at a reasonable value Sixty Dollars. And my Son Francis to receive a Horse Saddle and Bridle worth Eighty Dollars , or Seventy five Dollars in cash which ever may be most desireable (sic) to him, or convenient for my Executors and wife to Spare, this to be in addition to the sixty Dollars in bed &c which is before named, these last named gifts to not take place until my Wife’s Death unless the same can be made without inconvenience or distress to my said wife and remaining child or children. Fifth..At the Death of my said Wife Elizabeth Power, then my two Sons William Williamson Power and Francis Power, receive have possess and enjoy all my Lands or real Estate which I have in this county to be by them held in common, or equall (sic) Divided between them and also the said William W, to have a Rifle gun, and Francis Power a Shot gun, and all my Personal property which may then remain on hand or belong to my estate then to be sold and the proceeds thereof to be equally divided among all my children without exception provided my three last children Shall have previously received the sums named for them in the fourth article of this instrument. It is my will and desire that the part going to Elizabeth T. David for her to keep during her natural life, and at her Death for the same to be given up to my Executor hereafter named, and for him to make an equal Division of Elizabeth T. David’s part among all the rest of my children unless she should marry again. and in that case she shall dispose of her part as she thinks fit. Sixth.. My will and desire further is that in case my said Wife Elizabeth should marry again that then my said Executor cause(?) a sale of all my personal property and make an equal division of the proceeds between all my children and wife., share and share alive. That is to say my wife to receive a childs part of all the personal property, and to have her Dower, or thirds in the Land I hold in this county then all my Lands in this county to belong to my two Sons as provided for in the fifth article of this my will, but in case my said wife should by law be entitled to and claim a childs part in said Land, then my said Executor, if they can do so on reasonable terms, to buy up, pay for or otherwise compromise with the husband of my said wife for the Share she is entitled to in said landed Estate, if he my said Executor have Sufficient effects in his hands of said estate to pay for the same without cutting out my last three children of the share which is named to them to make them equal with my eldest children then the Division to be made with my children as provided for in the fifth article of this instrument. Seventh I hereby nominate constitute and appoint my Son William Williamson Power Executor of this my last Will and Testament.. Granting, giving and conveying to him the Power and authority necessary to carry the foregoing clauses and provision into full and compleate (Sic) effect agreeable to the Laws and usages of this State. In Testimony whereof I do hereunto set my hand and affix my Seal This (blank) day of (blank) One thousand Eight hundred and thirty eight. The Testator James Power did publish and declare the foregoing to be his last will and Testament this October 23rd 1838 James Power...Seal In presents of us James H Patton David Power Jesse Power Georgia; Madison County: Court of Ordinary January Term 1839 Personally appeared in open Court, James H Patton, David Power, and Jesse Power, and after being duly sworn saith on oath that they saw the within named James Power (Testator) Sign, Seal and acknowledge the within instrument of writing to be his last will and testament, and they believed him at the time of so doing to be in his proper Senses, and of said disposing thoughts and that they Subscribed to the same as Witnesses and at the request of said Testator James H Patton David Power Jesse Power Sworn to & subscribed in open County this 7th January 1839 Attst William Sanders CCO Madison Court of Ordinary January Term 1839 The with (in) will duly proven and ordered to be recorded. Attest William sanders CCO Recorded 12th January 1839 William Sanders Clk Ct _______________________ Note... (Testator) was part of the original copy of document; not added by typist.