Madison County, GA, Will Book B 1841-1865 (Part 1) Submitted by Jeanne Arguelles - ejarguelles@msn.com 1 October 2001 - updated 18 September 2002 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ***************************************************************** Madison County, GA, Will Book B 1841-1965 ***************************************************************** TESTATOR INDEX to Madison County, GA, Will Book B (Part 1) Abstracted by Jeanne Arguelles - ejarguelles@msn.com Indexed by Mary Love Berryman - marylove@tyler.net ***************************************************************** TESTATOR INDEX ***************************************************************** Page Surname First Name Date Date Signed Recorded 28 Allen Gray 2 Feb 1841 30 Nov 1847 147 Barnett David 20 Jun 1861 23 Jan 1863 85 Black Thomas J. 3 Nov 1854 7 May 1855 58 Bolton Leonard 10 Jan 1852 26 Jul 1852 126 Bragg George 17 Jul 1857 9 Sep 1859 126 Bragg Joseph 2 Jan 1854 5 Mar 1859 41 Bridges Berry J. 12 Sep 1847 23 Sep 1848 202 Brown Benjamin 24 Jan 1865 10 Feb 1865 200 Bullock Alexander G. 10 Aug 1960 9 Nov 1864 137 Burroughs James 14 Jul 1856 6 Aug 1862 1 Carither Mary Aug 1841 16 Apr 1842 86 Carithers William C. 24 May 1855 9 Jul 1855 186 Carruth Robert K. 20 Aug 1863 6 May 1864 192 Carater Webb 22 Apr 1864 20 Aug 1864 54 Cellum Samuel 20 Jan 1851 5 May 1857 115 Collins John 20 Jun 1857 7 Jul 1857 201 Cooper Jonathan 14 Aug 1863 15 Jan 1865 60 David Berry M. 12 Nov 1852 31 Mar 1953 196 David Lewis M. 22 Sep 1864 6 Oct 1864 177 David Morasset 12 Oct 1960 11 Feb 1864 185 David Morasset, Jr. 8 Mar 1862 10 Feb 1864 130 Dobbs John 11 Jul 1855 1 Dec 1860 189 Downs Andrew H. 8 Mar 1862 6 Aug 1864 146 Dudley Lemuel 6 May 1862 10 Feb 1863 29 Ebberhart George 3 Aug 1841 28 Jan 1848 110 Eberhart Adam 6 Nov 1856 5 Dec 1856 169 Eberhart Andrew S. 27 Jul 1863 28 Nov 1863 152 Eberhart Sibby A. 12 Sep 1859 15 Aug 1863 10 Embry John 11 Dec 1843 1 Sep 1845 190 Fitzpatrick James P. 3 Nov 1862 20 Aug 1864 22 Griffith James 31 Aug 1840 8 Jul 1847 197 Griffith James 15 Jun 1864 3 Nov 1864 92 Groves Samuel 16 Jan 1855 6 Sep 1855 140 Hampton George 13 Nov 1849 12 Nov 1862 21 Hart Archibald 31 Aug 1840 1 Jun 1847 123 Hart Harris J. 12 Oct 1858 5 Nov 1858 53 Human Susannah 22 Apr 1850 9 Nov 1852 57 Johnson Jane 8 Sep 1846 2 Sep 1850 47 Jordan Thomas 29 Apr 1850 171 Lathers Nancy 14 Sep 1863 8 Dec 1863 124 Lawless James 27 Jul 1857 5 Nov 1859 151 Lester John H. 22 Dec 1862 10 Jun 1863 104 King Carson 2 Sep 1856 11 Oct 1856 62 Long James 4 Dec 1850 6 Jun 1853 81 Meadors Berry J. 5 Feb 1855 168 McEaver Andrew 21 Feb 1958 28 Nov 1863 139 McGee Charles 20 Feb 1862 7 Aug 1862 19 McLeroy John 2 Dec 1846 14 Jan 1847 132 Montgomery Elizabeth 16 May 1861 10 Jan 1862 102 Morris Stephen 19 Mar 1855 12 Jul 1856 6 Moon Archelaus 16 Jun 1842 23 Sep 1842 74 Nash William 15 Jun 1854 21 Aug 1854 96 Norris Arthur 9 May 1856 118 Nutt Jane 23 Oct 1857 8 Oct 1857 142 Porterfield James 20 Jun 1857 20 Jan 1863 195 Porterfield W. C. 21 May 1864 6 Oct 1864 167 Power Francis 13 Mar 1862 28 Nov 1863 16 Sanders James 13 Mar 1846 3 Nov 1846 116 Samders William 12 May 1855 1 Jul 1857 72 Scarborough Frederick, Sr 10 Nov 1853 21 Aug 1854 172 Scott John Jan 1859 10 Feb 1864 183 Shields Little B. 15 Aug 1863 10 Feb 1864 100 Shields William G. 7 Mar 1856 12 Jul 1856 193 Shoemaker James 30 Apr 1864 8 Oct 1864 187 Simmons Abram 13 Jun 1864 5 Jul 1864 106 Smith Elizabeth 13 Sep 1836 11 Oct 1856 51 Spratling Francis 19 Mar 1849 1 Jul 1850 182 Standefer Luke R. 17 Aug 1863 10 Feb 1864 198 Stephens James M. 22 Apr 1864 9 Nov 1864 154 Strickland Kinchen 15 Aug 1854 8 Oct 1863 120 Strickland Nancy 22 Sep 1857 8 Oct 1857 66 Strickland Soloman 16 Mar 1853 18 Mar 1854 133 Strickland Willis Jan 1862 14 Jul 1862 14 Tait Robert 1 Mar 1846 22 Jul 1846 56 Thompson James 8 Apr 1841 12 Jul 1851 75 Thompson William 26 Jun 1854 8 Nov 1854 8 Towns James 18 Apr 1839 9 Jan 1844 37 Ware Elisha 3 Jun 1848 5 Jul 1848 83 Vaughn William 26 Oct 1854 6 Feb 1855 180 Wilder Levi 26 Jan 1864 10 Feb 1964 45 Williams John 29 May 1843 17 Aug 1849 2 White Henry P. 14 May 1842 23 Sep 1842 111 White Stephen 14 Apr 1857 8 May 1857 199 Wynn Daniel Z. 8 May 1862 9 Nov 1864 ***************************************************************** Will Book B Pg 1 Mary Carithers -- August, 1841 To my daughter Mary F. Carithers, all my estate consisting of household and kitchen furniture, stock of all kinds, and my negro woman Hannah. Executor: Amos Carithers. Signed: Mary (x) Carithers. Witness: James Carithers, John Landers, James M. Landers. Rec'd 16 Apr 1842. Pg 2 Henry P. White 14 May 1842 To the bodily heirs or orphans of my grandson Henry P. White, late of Franklin County and State of Virginia, deceased, $530.42, it being their proportional part of the sale and division of my property that was sold and divided in December last, now in the hands of my Attorneys in fact Stephen White and Henry P. Smith. Also to the said orphans of my grandson Henry P. White, the one sixth part of my whole estate. To my granddaughter Martha N. Bennett, formerly Martha N. White, daughter of Isaiah White, one sixth part of my whole estate during her natural life, then divided equally between her bodily heirs. My executors to keep this 6th part in trust, making yearly payments to the said Martha N. Bennett. At her death, provided her youngest child is of age, this 6th part to be divided equally among all her children. If her youngest child is not of age at the death of Martha N. Bennett, then my executors to keep this 6th part in their possession until the youngest child is of age, or until a legal guardian has been appointed those underage children. Should my executors wish to get shed of the management of the share of Martha N. Bennett, then my executors and the said Martha N. Bennett shall mutually agree on a fit and proper person to take charge of her share of my estate, provided they not choose Willis H. Bennett, husband of Martha N. Bennett. He shall have no control over the effects I give to my granddaughter, and neither will it be subject to any present or future debts against him. To my daughter Elizabeth Smith, formerly Elizabeth White, one third part of my whole estate and also one old negro woman named Selia. To my daughter Lucy White, formerly Lucy White, the remaining third of my estate and also an old negro woman named Isabell. Executors: Stephen White and Henry P. Smith. Signed: Henry P. (x) Smith. Witness: Rich'd B. Gholston, Benjamin F. O'Kelley, John Wood. Rec'd 23 Sept 1842. Pg 6 Archelaus Moon 16 Jun 1842 It is my wish that my youngest child, William G. Moon, have a good horse, feather bed and furniture and other furniture, all amounting to $100.00 to be paid to him when he marries or comes of age, and then an equal division with all the older children. My wife Susan Moon to have all my estate for her lifetime or widowhood. In case she should marry, all my estate to be sold and my wife made equal with the children. Pleasant Moon to have two dollars of my estate. At the death of my wife Susan, all my estate to be sold and divided equally between my children, namely Robert P. Moon, Anna Irena, Archelaus P. Moon, Martha and William G. Moon and Polly. Executrix: My wife, Susan Moon. Executors: Archelaus P. Moon and William G. Moon. Signed: A. Moon. Witness: Oliver Threlkeld, Samuel G. McCurdy, James McCurdy. Rec'd 23 Sept 1842. Pg 8 James Towns 18 Apr 1839 The whole of my estate, except my negro man Sandy, to my children and grandchildren, to be equally divided among those now living and the children of those dead, so that the grandchildren shall only be entitled to the shares of their parents. Debts owed me by my children to be deducted from their share. To my sons John W. Towns, Willis Towns and Benjamin Towns, their shares of my estate absolutely; but the shares of the children of my son Drury Towns, deceased, and of the children of Elizabeth Matthews, deceased, wife of Phineas Matthews, I leave to my sons John W. Towns and Benjamin Towns in trust for the benefit of said children. To my son John W. Towns and Benjamin Towns, the share of my daughter Martha Williford, to be used for her sole use and benefit and not to be under the control of her husband Samuel Williford. To John W. Towns and Benjamin Towns, the share of James Towns for the use and benefit of his children and not subjected to the payment of his debts. My negro man Sandy to remain with and serve my sons John W. Towns and Benjamin Towns, requesting them to protect him and to use him kindly in consideration of his faithful services to me. Executors: my sons John W. Towns and Benjamin Towns. Signed: John Towns. Witness: John Kirkpatrick, Charles Kenney, Ed. Hardin. Rec'd 9 Jan 1844. Pg 10 John Embry 11 Dec 1843 To my wife Nancy, my entire estate during her natural life. To my son Hezekiah S. Embry, a child's part of my estate. To my daughter Tempy Hardy, a child's part of my estate. To my grandchildren, offspring of my daughter Elizabeth Key, deceased, wife of Talbot Key, a child's part of my estate to be divided among them. To my daughter Delilah Key, George Key's wife, a child's part of my estate. To my grandchildren, children of my son Boley Embry, deceased, a child's part of my estate to divide equally among them. To my grandchildren, offspring of my daughter Charlotte Glen, deceased, John Glen's wife, $5.00 to be equally divided amongst them. To my daughter Sally Bowles (Martin Bowles' wife), one half of a child's part of my estate, and the other half of the child's part to her son Nathan Gaines Bowles. To my daughter Scyntha Saunders (William Saunder's wife), a child's part of my estate. Debts owed by children to be considered as so much received of their proportionate parts. Executors: my trusty friend and son-in- law, William Saunders, and my son Hezekiah S. Embry. Signed: John (x) Embry. Witness: W. M. Gathright, Martin Anthony, Henry B. Gober. Rec'd 1 Sept 1845. [Account book with children's debts follows, not transcribed in this book]. Pg 14 Robert L. Tait 1 Mar 1846 To my daughter Mary or Polly Richards, my daughter Nancy House, my son Edmund B. Tait, my daughter Francis W. Cooper, my daughter Elizabeth Porterfield, my daughter Elmira H. Story, I have already given a bed & furniture and other items of furniture towards housekeeping; these children to have nothing more of the estate. To my wife Mary, all my land, negroes, kitchen furniture and all property, to be disposed of as she may think proper. Should my grandson Robert L. Tait Porterfield, conduct himself in a proper and becoming manner, my wife may give him any property she thinks proper. Executrix: my wife Mary Tait. Executor: Samuel Long. Signed: Rbt. L. Tait Witness: John Landers, B.F. Guest, James Long, John Hopkins, J.P. Rec'd: 22 Jul 1846 Pg 16 James Sanders 13 Mar 1846 To my beloved wife Flora, my Family Bible Testament and Hymn Book, Featherbed & bedstead and as much furniture as necessary. To Tabitha Shepherd, wife of John Shepherd, and to the heirs of Elizabeth Dickson, dec'd (wife of William Dickson, dec'd), and to Malinda Leeper, wife of Hugh Leeper, three tracts of land, one in Meriwether County, the other two in originally Muscogee County (recommend to be sold and divided between my two daughters above named and the heirs of my daughter Elizabeth Dickson). To my wife Flora, and my daughters Tabitha Shepherd, Malinda Leeper, the heirs of my deceased daughter Elizabeth Dickson, and Sally Dickson, the residue of my estate. Negroes to be divided by lot or otherwise without making sale of them. Property which I have heretofore given to my childern, Viz, Tabitha Shepherd, Emily Dickson, dec'd, Sally Dickson dec'd, and Malinda Leeper, shall not be considered part of my estate. Executors to have full power to sell land and estate, and also the Negroes if they cannot be divided as above stated, namely, Charles, Moses, Joseph, Flora, Mary, Judith and Jane. Executrix: My wife Flora Sanders, Executors: John Shepherd, Hugh B. Leeper, and James Long. Signed: James Sanders. Witness: Jona. Sanders, sanders W. Colbert, Richard T. Sorrells, William Sanders. Codicil: 8 Sept 1846: To my wife, her Woman's Saddle & Bridle, and provisions to do her plentifully for 12 months. And as touching my Negroe property above named, I permanently give in the following manner: To my wife Flora, Negro Flora & Jane. To my daughter Tabitha Shepherd, wife of John Shepherd, Moses and Judith. To Malinda Leeper, wife of Hugh B. Leeper, Joseph & Mary. My Negro man Charles to John Shepherd or Hugh Leeper (as they can make it best suit between themselves). Negros to be valued and the heirs of my two deceased daughters, Elizabeth Dickson and Sally Dickson, have their proportional share. Executors be particular to pay each one separately. Signed: James Sanders. Witness: John McDonald, Richard T. Sorrells, William Sanders. Rec'd 3 Nov 1846. Pg 19 John McLeroy 2 Dec 1846 Madison Co, GA: To all whom is may concern, know ye that we, whose names are hereunto subscribed, being present at the dwelling of John McLeroy of the county & Satate aforesaid on Wednesday the 2nd of December in the year of our Lord on 1846, did hear the said John McLeroy, he being of sound and disposing mind and memory, and in his last sickness, utter publish and declare this to be his last will and testament, calling on us to witness the same. First, That all his just debts be paid out of his effects. Second, that the remainder of his property should be all be kept together for the support of his wife and children - and that his wife Tabby stand in his shoes, to do and manage as he had done. The foregoing is the substance of what John McLeroy published in our presence, on the day and year aforesaid, a few hours previous to his death - and reduced to writing - this eight day of Dec 1846. Witness: Sherod McCarty, Daniel Wyman, George Broach. We further heard John McLeroy, at the same time and place but before the arrival of S. McCarty, one of the witnesses to the foregoing, say that it was his will and desire that at the death of his wife Tabitha that an equal division of all his property be made among all his children share and share alike. Witness: Daniel Wyman, George Broach. Rec'd 14 Jan 1847. Pg 21 Archibald Hart 31 Aug 1840 Oglethorpe County: This is the last will & testament of Archibald Hart of the County & State aforesaid. All my money, notes, dues, Negroes, lands, Stock of every kind, household & kitchen furniture and all other property, to my wife Poly Hart during her natural life or widowhood. If she does marry, she'll be entitled to one third, or a child's part, and at her death or marriage to be equally divided among all my rightful heirs, except my son James R. Hart who shall have $500 less than the rest, as I have paid that much for him over and above the rest of my children. Signed: Archibald Hart. Witness: Alexander Lester, Leonard Bolton. Rec'd 1 Jun 1847. Pg 22 James Griffith 1 Jul 1845 To my wife Sarah Griffith, the following Negroes; Reuben, Martin, Stephen, Fanny, Lear, and John. Also the use & occupation of the house I now live in, and all the outhouses such as stables, cribs, machine house and kitchen house. Also household and kitchen furniture, and the tract of land I now live on, the north side of South Broad River included in the Johnson Survey and the Gordon Survey. Also four horses that she may choose, my Rod Waggon, our yoke of oxen, & our four cows & calves, and what hogs and sheep I may die possessed of. This during her natural life, and at her death to be disposed of as follows. Also to my wife Sarah, my negro Nancy and her child Pass as her absolute property. To my son James B. Griffith, the tract of land whereon he now lives, known as the Whitrut H. Adam Tract; also the negro boy John named above, at the death of my wife. To my son Robert L. Griffith, the tract of land which he now cultivates, commencing on Lemuel Hopkins spring branch, down to the river to Young's line, including the thirty acres that I run myself. To my son Walton H. Griffith, the tract of land that my house is on, at the death of my wife. Plus all the land I own on the south side of Broad River, including the McLeroy place and the thirty acres I run myself adjoining the McLeroy place. Also that part of the Barnett survey that lies on the south side of South Broad River. Also two negroes; Charles Lewis and Manerva. And one Bed & Furniture and one Cow & Calf. To my son Oliver P. Griffith, a parcel of land adj. Lemuel Hopkins, including the Strickland tract. To my sons Robert P. Griffith and Walton H. Griffith, in trust for the benefit of my son John H. Griffith, $500.00, to be given to John at such times as the trustees deem best. Should he die without children lawfully begotten or without a wife, the remainder of the $500.00 to be divided equally between my children; should he die with a wife or children, the remainder of the $500.00 to given to them. To my daughter Elizabeth Mirony, formerly Elizabeth Griffith, at my death the notes I now hold on her husband William Mirony and that the said notes be her part of my estate, the total amount due at this time is $634.40. At my death, my daughters Susan Sorrells, formerly Susan Griffith, Jane Eberhart, formerly Jane Griffith, Martha Ware, formerly Martha Giffith, and Adaline Eberhart, formerly Adaline Griffith - if living, and if not, their children - and the children of my deceased daughters Anny Colly, formerly Anny Griffith, and Mary H. Bullock, formerly Mary H. Griffith, $100.00 each over and above an equal share with my sons of the remainder of my estate. The remainder to be equally divided between all my children, except my blacksmith tools, which I wish my two sons Walton H. Girffith and Oliver P. Griffith to have between them. Executors: My sons Robert P. Griffith and Walton H. Griffith. Signed: James Griffith. Witness: Isaac N. Culbertson, Allen C. David, John Hopkins, J.P. Rec'd 8 Jul 1847. Pg 28 Gray Allen 21 Feb 1844 My executors to inter my body on the plantation where I now live. My wife Polly to have all my estate, to dispose of at her own discretion. Executors, my wife and my son James Allen. Signed: Gray Allen. Witness: Gabriel Nash, James (x) Murrow, Bartholemew (x) Porter. Rec'd 30 Nov 1847. Pg 29 George Eberhart 3 Aug 1841 To my wife Margaret, during her natural life; three negroes; Green, John and a girl or woman of her choice; a choice bed, bedstead & urniture; my carriage & choice horse. My executors to loan out at interest $1000.00, the interest to be paid to my wife yearly. At her death, the property to be disposed of as follows. To my sons Robert and Samuel and my daughters Catharine Gholston, Elizabeth Wynn, Asanith Griffith, $400.00 to balance against lands my other sons received. The balance of my estate to be sold immediately after my death, and the property left to my wife to be sold immediately after her death; the money arising from the sale to be divided equally between the following legatees: my son Francis, my son Jacob, my daughter Catharine, my daughter Elizabeth, my son Robert, my son Samuel, my daughter Asanith, my son George; the share I intended for my daughter Polly, I give to her four sons, John Gilbert, George Gilbert, Isaac Gilbert and James Gilbert; the share I intended for my daughter Margaret I give to her three children, George Deadwyler, Mary Ann Deadwyler and Margaret Deadwyler. Executors: my sons Francis Eberhart and George Eberhart. Signed: George Eberhart. Witness: James Long, Ben--- B. Strickland, Walton H. Griffith. Rec'd 28 Jan 1848. [A similar version of this will was written on 20 Jul 1846, which does not name a wife]. Pg 37 Elisha Ware 3 Jun 1848 To my wife Synthia, the land whereon I now live, four horses or mules, all the grain as well as the crop now growing, and all my property except as follows. My negroes to be valued and my wife Synthia to select negroes to equal half the valuation. One half of my cash, bonds and notes to my wife Synthia. I own 55 shares of the Georgia Railroad and Banking Company - in other words, I have paid $5,500.00 for stock -- The dividends to be paid to my wife during her natural life, and then the stock to revert into my estate. I have deposited $1,650.00 in bank, with instruction to Joseph W. Wilde, Esq., to purchase new stock in the G.RR. & Banking Company - the dividends of this to be paid to my wife during her natural life. The balance of my estate to be divided between my brothers and sisters: Bennett Ware, Philip Ware, Lettie Ware, Elizabeth Long, Sarah Borom, Jenny Strickland, and the heirs of Henry Ware. Executrix: My wife Synthia Ware, Executor, Britton S. Ware. Signed: Elisha Ware. Witness: Jon. W. Donahoo, W.B. carithers, Wilson J. Bird. Rec'd 5 Jul 1848. Pg 41 Berry J. Bridges 12 Feb 1847 To John H. Tucker, a boy whom I have taken to raise, one horse, bridle and saddle when he arrives at the age of 17, provided he shall remain with my wife Mary Bridges and is a industrious, dutiful, and obedient boy. If not, then he is to have nothing from my estate. To Ora Akins, a young woman I have raised from infancy, one bed & furniture, one chest and stock of cattle, one saddle, all of which she now claims and is of right her own property but in my possession, and $50. The balance of my estate to my wife Mary Bridges during her natural life, and at her death, to Ora Akins. Executrix: My wife Mary Bridges. Witness: Bennett Sims, Ranford E. Hitchcock, Nathaniel C. Bridges. Rec'd 23 Sept 1848. Pg 43 William W. Power 12 Mar 1847 To my wife Martha Power during her natural life or widowhood, my whole and entire estate. At her death or marriage, my entire estate (except the negro slaves) to be sold, and after my daughter Anna G. Power is paid $100.00, then to be equally divided among all my children, viz, Elizabeth M., Anna G., Susan [or Samson?] P. and Mary W. Power. My negro slaves to be divided into as many equal lots as I have children at the time of my wife's death; if my wife should marry, she shall have an equal share with my children in every respect. My Executor & Executrix may sell my tract of land on Brushy Creek and other tract on North River at the expiration of a lease to Mr. Cook for four years. Also the tract where I now live. My wife may give off portions of property as she can spare to my children as they marry or become of age. Executrix: my wife Martha Power. Executir: Willis Strickland. Signed: William W. Power. Witness: Richard B. Gholston, Francis Power, Johnson F. Cunningham. Rec'd 23 Sept 1848 Pg 45 John Williams, Sr. 29 May 1843 To my wife Frances Williams, all my estate during her natural life. To my son Robert Williams, at the death of my wife, 80 acres where he now lives, and my negro woman Sindy. This I give him exclusive of my other children. At the death of my wife, my estate to be sold and the money to be divided amongst my children and some of my grandchildren, to wit; my son Eliga Williams to have an equal share, my son Birdy Williams to have an equal share, my daughter Nancy Williams to have an equal share, my daughter Anna Bradley to have an equal share, my daughter Elsey Strickland to have an equal share, my son Robert Williams to have an equal share exclusive of the land and negro, and the children of my deceased daughter Sally Born, to wit, Russell, William, Allen and Jasper Born, to have their mother's share. To my son Eliga, in trust for my daughter Polly Thompson, an equal share to be applied for her benefit. Executrix: my wife Frances Williams. Executor: my son Eliga Williams. Signed: John (x) Williams. Witness: Willis Gunnels, Everett Gentry, William M. Lane. Rec'd 17 Aug 1849 Pg 47 Thomas Jordan At the death of myself and wife Priscilla Jordan, I give to the children of my deceased son Henry Jordan of Oglethorpe County, the 600 acres on which I now live and $200.00 in money. To my daughter Jane Donahoo and her children, two negroes: Liza, about 14 years of age, and Billy Biggers, about 5 years of age; to be free, clear and exempt from the claim of her husband James Donahoo. To my son James Jordan, $500.00. To my daughter Susan Bell, a negro man named Charles about 18 years of age. To my son Thomas A. Jordan, two negros; Dick, a man about 30 years of age, and George, a boy about eight years of age. To my daughter Rebecca Hunt, two negros, Hannah, a woman about 20 years of age, and Harry, a boy two years of age. To my daughter Mary Maly and her 2 daughters Emily Jane and Martha Ann Priscilla Pendleton, four negros, to wit: Isabell a woman, Nancy a girl 10 years old, little Moses a boy two years old, and Cherry, a woman sixty years old. To my son John W. Jordan, $50.00. To my daughter Nancy Atkinson, $10.00. To my daughter Elizabeth Christian, $5.00. To my daughter Lucy King, $5.00, she haven been provided for by gift. To my son Josiah Jordan, $5.00, he having received his share from my son Jency(?) Jordan during his lifetime. The balance of my estate to be sold and divided among my four daughters, Jane Donahoo, Mary Maly and her two daughters, Rebececa Hunt and Susan Bell, so they are made equal. Executors: my friends Edward W. Mayfield of Franklin Co. and Dudley M. Jones of Madison Co. Signed: Thomas (x) Jordan. Witness: Francis A. Nash, Elijah Poss, Uriah Poss. Rec's 29 Apr 1850. Pg 51 Francina Spratling 19 Mar 1849 I, Francina Spratling, a minor now in my 15th year, do publish and declare this to be my last will and testament. To my mother Martha Spratling, one third of my estate consisting of negroes and notes or other evidence of debts. To my brother James Spratling, one third of my estate. To my sister Martha Eberhart and her lawful heirs, one third of my estate. Executor: James O'Kelly. Signed: Francina Spratling. Witness: Barton Johnson, John Sims, Nathaniel C. Bridges. Rec'd 1 Jul 1850. Pg. 52 Jane Johnson 8 Sept 1846 To my granddaughter Lucinda Spurlock, all my estate during her life, and at her death, my real estate to be equally divided between all her children, share and share alike. Executor: my grandson in law, Jasper Spurlock. Signed: Jane (x) Johnson. Witness: Nancy Nash, Martha Nash, Gabriel Nash. Rec'd 2 Sept 1850. Pg. 53 Susannah Human 22 Apr 1850 To Anna Human, wife of Frederick Human, my bed and furniture. To my sisters Anna and Rutha Human, the balance of my estate both real and personal for their support during their natural life. At the death of my two sisters Anna and Rutha, I leave my land to Frederick Human and his wife Anna Human. The balance of my property, if any, I leave to Ibby Human. Executors: Frederick Human and his wife Anna Human. Signed: Susanna (x) Human. Witness: Leroy Eberhart, Sarah A. Eberhart, George Eberhart. Rec'd 9 Nov 1852. Pg 54 Samuel Cellum 10 Jan 1851 Entire estate to my wife during her natural life or widowhood; in case she should intermarry, then my estate to be divided among my wife and children. My executors to sell my lot of land in Chattanooga County, 4th Section, 13th District, 78 No. for the benefit of the family. My wife to give my minor children as near equal as she can to those that have married; also, give to my son in law James Bone a note that I hold against him. Executrix: My wife Mary Cellum. Executor: Willis Stephens. Signed: Samuel (x) Cellum. Witness: Joshua Standifer, Alexander (x) Norris, Spellsby Tribble. Rec'd 5 May 1857. Pg 56 James Thompson, Sr. 8 Apr 1841 To my wife Sarah, the following property for her use during her natural life: my negro boy Joe, old Nance and Sucky, the dwelling house and outhouses, and other property needed for her support. At her death, this property to fall back into my estate. To my daughter Mary, the 196 acres where she now lives, and the negro girl named Leafy, and $200.00 in current bank notes. To my daughter Elizabeth, $350.00 in current bank notes. To my daughter Ann, $200.00 in current bills. To my daughter Jane, $200.00 in current bank bills. To my four grandchildren, the children of my son Alexander living in Coweta County, $5.00 each, having heretofore given my son Alexander property and paid off his debts. To my son James, all my estate both real and personal as well as all my property left in the hands of my wife; James to pay the said legacies before selling any of the property. Executor: my son James Thompson. Signed: James Thompson. Witness: John Gholston, William V. Thompson, James Long. Rec'd 12 Jul 1851. Pg 58 Leonard Bolton 10 Jan 1852 I have already given my son William B. Bolton one horse, bridle & saddle, one cow & calf, one bed & furniture, and I make no further provision for him until my wife Martha N. Bolton's death or widowhood. I have given to my son Thomas J. Bolton as much as I have given William and I make no further provision for him until my wife's death. To my sons Elijah F. Bolton, James L. Bolton and Washington I. Bolton, one horse, bridle & saddle, one cow & calf, one bed & furniture to each of them as they come of age. To my daughter Peninia H. Carter, one bed & furniture and one cow & calf; to my daughters Mary D. Bolton, Susan A. Bolton and Martha F. Bolton, onebed & furniture and one cow & calf when they come of age. At the death or marriage of my wife wife Martha N. Bolton, I wish an equal division of all my effects among my children William B. Bolton, Pennenia H. Carter, Thomas J. Bolton, Elijah F. Bolton, Mary D. Bolton, Susan A. Bolton, James L. Bolton, Martha F. Bolton and Washington I. Bolton. Executrix: my wife Martha N. Bolton. Executor: my son William B. Bolton. Signed: Leonard Bolton. Witness: Wiley Carter, Thomas B. Thompson, William S. Thompson. Rec'd 26 Jul 1852 Pg 60 Berry M. David 12 Nov 1852 My wife Elizabeth to keep my estate together as long as she lives; at her death, all my estate to be sold. My daughter Susannah to have a horse, saddle & bridle or $100.00 in money; my daughter Martha Ann shall have a horse, saddle & bridle or $100.00 in money; my daughter Mary Elizabeth shall have a horse, saddle & bridle or $100.00 in money; all of the above named daughters to have on featherbed, bedstead & furniture, and a cow & calf. My son James W. V. David to have a bed, bedstead & furniture and cow & calf; he has had a horse, saddle & bridle; Kiziah has received $100.00 in money in lieu of her horse & saddle. The balance of my estate to be divided equally between my children; my daughter Kizziah Moon, my son James V. W. David, my daughter Susannah, my daughter Martha Ann, my daughter Mary Elizabeth. Executrix: my wife Elizabeth. Executor: my son James W. V. David. Children, settle in peace and may the God of peace ever be with you. Signed: Berry M. David. Witness: Asa Deadwyler, William F. Eberhart, George Eberhart, J.I.C. Rec'd 31 Mar 1853. Pg 62 James Long 4 Dec 1850 To my son Crawford W. Long, my State Bonds to the amount of $1,000.00, and $2,000.00 in cash, and one fourth of my Georgia Railroad and Banking Company stock, to come into his possession after the death of my wife Elizabeth. To my son Henry R. J. Long, I give Ben, Charity, Perry, Frank, Courtney, Gabriel, Cleveland and Josephine, and one fourth of my Georgia Railroad and Banking Company stock at the death of my wife. To my daughter Sarah A. P. Mitchell, I give the following negroes; old Dicey, Manerva & her child, and the following children of Dicey: Dicey, Augustus, Milly and James Wiley; and $500.00 in cash, and one fourth of my Georgia Railroad and Banking Company stock at the death of my wife. To my daughter Elizabeth Amanda, the following negroes; Caroline and her 6 children (Anky, Osborn, Judy, Huldah, Laura & Silas), Mariah & her child, and at the death of my wife, old Mary Mahaly & her three children; also to have her piano, bed & furniture, horse stock & other property for housekeeping to make her equal with the older children. To further provide for my daughter Elizabeth A., I appoint Crawford W. Long, Henry R. J. Long and Giles Mitchell trustees to manage the money and railroad stocks ($6,500.00 in cash and one fourth of my stock in the railroad). My lands to be sold (with the exception of the land around Danielsville and the town lots in Danielsville), and the money paid to the legacies. To my wife Elizabeth, the lands where I now live, around Danielsville, and the lots within the village of Danielsville; also the following negroes: John & Nelly and their 6 children and Peter; my bonds, notes & accounts, and old Mary Mahaly and her children. Executrix: my wife Elizabeth. Executors: Crawford W. Long, Giles Mitchell and Henry R. J. Long. Signed: James Long. Witness: J.M. Skinnet, E.W. Webb, John N. Montgomery. Rec'd 6 Jun 1853. Pg 66 Solomon Strickland 16 Mar 1853 To my wife Mary Strickland, with whom I have lived for many years, 31 shares in the Georgia Railroad and Banking Company, one negro named Jack about 29 years old, a bed & furniture and cupboard during her natural life. To my son Crawford M. Strickland, three negroes: Molly about 28, Bill about 9, and Mary about 10. Also my tract of land known as my Hempkill tract, 180 acres, adj. John Scott on Blue Stone Creek. To my daughter Malinda White, wife of William A. White, three negroes: Jeffrey, a man about 76, Sarah, a woman about 21, and her child Isabella about 18 months old. I have this day executed a deed of gift for 298 acres being the place where she and her husband now live. Also to Malinda $50. To my son Ephraim Strickland, one lot of land is Cass County in the 15th district, 3rd section, number 216, and two negroes: Tom, a boy about 6, and Huldah, a girl about 8. The remainder of my estate, including 670 acres where I now live, and my half of a 170 acre tract on Brushy Creek which I own with James S. Gholston, be sold and equally divided between my 3 children. My wife to take care of my old negro woman Terry during her life. Executor: My son Crawford M. Strickland and my son in law William A. White. Signed: Solomon Strickland. Witness: James C. Freeman, John R. Bond, Rufus M. Mirony. Rec’d 18 Mar 1854. Pg 72 Frederick Scarborough, Sr. 10 Nov 1853 To my beloved wife [blank space] Scarborough my entire estate during her natural life. At the death of my wife, one equal tenth of my estate to my son Frederick Scarborough, one tenth to my son Lewis Scarborough, one tenth to the lawful heirs of my son William Scarborough, one tenth to the lawful heirs of my daughter Jane Williams, formerly Jane Scarborough, one tenth to my daughter Lucy Smith, formerly Lucy Scarborough, one tenth to the lawful heirs of my daughter Margaret Hendrick, one tenth to the lawful heirs of my daughter Tracy Nelms, formerly Treacy Scarborough, one tenth to the lawful heirs of my daughter Nancy Thompson, formerly Nancy Scarborough, one tenth to the lawful heirs of my daughter Nepry Cheek, formerly Nepry Scarborough, one tenth to the lawful heirs of my daughter Synthia Ginn, formerly Synthia Scarborough. I also give one dollar to William Hunt who married my daughter Louranai Scarborough. Signed: Frederick Scarborough. Witness: James Daniel, James M. Veal, William Strickland. Rec’d 21 Aug 1854. Pg 74 William Nash 15 Jun 1854 My entire estate to my wife during her natural life or widowhood on the following conditions; that she give each of my children, as they become of age or marry, a horse, saddle and bridle worth $75 or that amount in money. Should my wife not marry, then at her death, my estate be equally divided between my children. Should my wife marry, then my estate be equally divided between my wife and all my children. Executrix: My wife. Signed: William Nash. Witness: Gabriel Nash, W. B. J. Hardman, A. H. Attaway. Rec’d 21 Aug 1854. Pg 75 William Thompson 26 Jan 1852 To my wife Nancy during her natural life or widowhood, the tract of land where I now live and my saw and gist mill and cotton gin; two negroe boys: Jerry, about 21, and Isaham, about 17; one negro woman, Racheal, about 21 and her three children: Sandy, about 6, Viney, about one and a half, and her infant; and what household and kitchen furniture she may choose. At the death or marriage of my wife, the above property to be sold and equally divided between all my children except my sons Ansel D. Thompson and James M. Thompson. The rest of my estate to be sold and equally divided between my children, the negro property nor to be sold if it can be equally divided. My son John A. Thompson to have one equal share, first accounting for $200 advanced to him for the land where he now lives. To each of my other children (except Ansel D. Thompson and James M. Thompson), I give an equal share of my entire estate: my son William T. Thompson; my son Berry M. Thompson in trust for the children of my son Ansel D. and the support of Ansel D.; my son Berry M. Thompson in trust for the children of my son James M. Thompson and the support of James M.; my daughter Elizabeth E. Carithers, wife of Amos Carithers, first accounting for $50, the price of a horse given her; my son Berry M. Thompson, first accounting for $200 advanced him; my daughter Mary F. Carithers, wife of James W. Carithers; my daughters Nancy Thompson and Harriett C. Thompson to choose two negroes each in addition to their equal share of my estate. Executors: My sons John A. Thompson and Berry M. Thompson. Signed: William Thompson. Witness: Willis H. Binnell; William Patton, Willis Strickland. Codicil: The share of Mary F. Carithers to go to my son Berry M. Thompson in trust for said Mary F. Concerning the portions of Harriett C. Thompson and Nancy Thompson, my daughter Harriett to have two negro girls: Lydia about 18, and Ann about 7. Nancy E. Thompson to have three negroes: Adeline, nine years, Stephen, a boy 7 years old, and Reuben, a boy two years old. My wife Nancy to have the negro woman Racheal but not her three children (Sandy, Viney, and the infant) but to have one negro woman Edy about 50 year of age. My daughters Harriett and Nancy not to pay board while living with their mother. Signed: William Thompson. Rec’d 8 Nov 1854. Pg 81 Berry J. Meadors My estate to remain together with my wife Elizabeth W. K. Meadows during her natural life or widowhood for the purpose of raising and educating my several children: Martha P. C. Meadors, Nancy E. David, formerly Nancy E. Meadors, Isaac Jones Meadors, Mary J. Meadors, Louisa A. Meadors, Berry James Meadors, David W. Meadors. As children become of age or marry, to receive the sum of $550, say a young negro worth about $400 and the balance in stock. The rest of my property to be equally divided between my wife and children. Executor: R. E. Hitchcock. Executrix: My wife E. W. K. Meadors. Signed: Berry J. Meadors. Witness: James Daniel, Adkisson Tabor, John W. Porterfield, David B. Meadors. Rec’d 5 Feb 1855. Pg 83 William Vaughan 26 Oct 1854 The tract of land where I live, and all my property, to my wife Kizziah Vaughn for the support and education of my children, during her natural life or widowhood. Should my wife marry, all my property to be sold by my executors on the place where I now live, and divided equally between my wife and children. The children who have married I have given the following property: to my son Miles B. Vaughn, horse, saddle, bridle, bed and furniture worth ___ hundred dollars. The balance of my sons I want to have the same amount of things as they come of age or marry. Martha Ann Hail, I have given bed, furniture, cow & calf worth $50 and I want the rest of my daughters to have the same amount of things as they marry or come of age. The share of my daughter Mary McKown, I want her to have the liberty to choose someone in trust to hold her part to prevent Andrew McKown from getting it as he has left her for several years without any just cause. The rest of my property to be equally divided between my legatees: My wife Kizziah Vaughn, Mary McKown, Miles B. Vaughn, Mathew A. Vaughn, Martha M. Hail, Milly Vaughn, Susan Vaughn, William H. Vaughn, James T. Vaughn, Polina K. Vaughn. Executor: My son Mathew A. Vaughn. Executrix: My wife Kizziah Vaughn. Signed: William Vaughn. Witness: James M. Power, Frederick Human, George Eberhart, J.C.C. Rec’d 6 Feb 1855. Pg 85 Thomas J. Black 3 Nov 1854 All my land and property to be equally divided between my five children: Milla A. S. Black, Barbara W. Brown, Jonathon C. Black, Celia C. Black, and James W. Black. Executors: My friend John B. Moon and my brother John W. Black. Signed: Tho. Ja. Black. Witness: James S. Black, Thomas M. Anthony, Johnson F. Cunningham. Rec’d 7 May 1855. Pg 86 William C. Carithers 24 May 1855 I have heretofore given my son Robert G. Carithers $600 in lieu of a negro and one --- at $80; I now give him one bed, bedstead & furniture, cow & calf and $10 worth of stock or $50 cash. I have heretofore given my son John R. Carithers one horse, saddle & bridle at $80, one bed, bedstead & furniture, one negro woman named Mahaly at $550, $100 in cash, one cow & calf, and about $10 worth of stock & furniture. I have heretofore given my son James G. Carithers one horse, saddle & bridle at $80, one bed, bedstead & furniture, $20 in cash to buy a cow & calf and other stock & furniture, one negro woman named Sophia at $550 and $100 in cash. I have heretofore given my son Hugh A. Carithers one horse, saddle & bridle at $80, one bed, bedstead & furniture, one cow & calf, $10 worth of stock & furniture, and one negro woman named Harriett at $550. I have heretofore given my daughter Amanda J. Thompson one bed, bedstead & furniture, one cow & calf, $10 worth of stock & household furniture, $70 in cash in place of a horse, one saddle, one negro woman named Lucy at $550 and $200 in cash in part of her interest in her mother’s estate. I give & bequeath to my daughter Sarah P. Carithers one bed, bedstead & furniture, one cow & calf, $10 worth of stock & house furniture, her saddle, one horse worth $70 or $70 in cash, One negro woman named Mary and her child Easter at $800. I give & bequeath to my daughter Mary F. Carithers one bed, bedstead & furniture, one cow & calf, $10 worth of stock & house furniture, one horse, saddle & bridle worth $80 or $80 in cash, one Negro woman named Priscilla at $550, one negro girl named Roda at $300. I give and bequeath to my son Waltin J. Carithers one bed, bedstead & furniture, one cow & calf, $10 worth of stock & house furniture, his saddle & bridle, one horse worth $70 or $70 in cash, one negro boy named Daniel, son of Jim’s, at $650 and $150 in cash in place of a negro girl named Harriett which I intended for him but has died, and I appoint my son Hugh A. Carithers as trustee for the property until my son Waltin J. arrives at the age of 21 years. I give & bequeath to my daughters Sarah P. and Mary F. all the beds & furniture of their own making and claim as their own. To my daughters Sarah P. and Mary F. and my son Waltin J.$10 each as a small renumeration for their kind & devoted attendance to their mother in her last illness and also for their kindness to me since her death. My negros be cast into lots with those belonging to my wife and equally divided into 8 shares, to make my children equal. My land and other property to be sold and divided between my 8 children. If the estate of my son William M. Carithers, deceased, is insufficient to pay his debts, the debts to be paid out of my estate. I also put aside $25 for enclosing the grave of my son William M. Executors: My sons Robert G. Carithers, John R. Carithers, James Z. Carithers, Hugh A. Carithers and my son in law Berry M. Thompson. Signed: W. C. Carithers. Witness: Gustavus H. Bird, Walten H. Griffith, Robert P. Griffith. Rec’d 9 Jul 1855. Pg 92 Samuel Groves 16 Jan 1855 To my wife Rachael Groves, all my property not hereinafter disposed of, with the right & power to sell any surplus stock or produce and the proceeds to be divided equally between all my daughters: Eliza A. Woods, Sidney W. Mays, Zemula W. Woods, Artimissia M. Woods, and Sarah L. Long. I have already given to my son Stephen C. Groves 120 acres on Holly Creek adjoining Abner Glore & John Rhoads, and one negro boy named Charles about 20 years of age. I have already given my son William L. Groves $300 in cash; I give him $100 and a negro boy named Henson about 18 years old. I have already given my son John F. Groves 150 acres on Holly Creek adjoining Samuel G. McCurdy and the New Hope Meeting House tract; I give him a negro boy named Lucus about 1 years old. At the death of my wife, I give to my daughters Sidney W. Mays, wife of Harvey M. Mays, Zemula W. Woods, widow of James Woods, Artimissia M. Woods, wife of Robert Woods, and Sarah L. Long, wife of Joseph B. Long, an equal share of the residue of my estate. One equal share to remain in the hands of my executors for the sole and separate use of my daughter Eliza A. Woods, wife of Benjamin W. Woods, for her care & support as needed. Executors: My sons Stephen C. and John F. Groves. Executrix: My wife Rachael Groves. Signed: Samuel Groves. Witness: Willis Strickland, Francis P. Eberhart, William F. Mays. Rec’d 6 Sept 1855. Pg 96 Archer Norris One half of my entire estate to be equally divided between my two grandsons, Archer Griffith and Samuel Eberhart, heirs of my daughter Mary Eberhart. My grandson Archer Griffith, being of age, to receive his share at my death; if my grandson Samuel Eberhart is not of age at my death, a guardian be selected to manage his share until he arrives at age. Should either of my said grandsons die without heirs, his share to go to my daughter Mary Eberhart, if living, and if not living, to the other grandson. Should my daughter Mary Eberhart have any more bodily heirs, then all my grandchildren, children of Mary Eberhart, be made equal with this one half of my estate. If at the death of Mary Eberhart there should be no living bodily heirs, then I give the shares thus willed to the heirs of Mary Eberhart to the bodily heirs of my daughter Kiddie Eberhart (to wit), Robert Eberhart, William Eberhart, Francis Eberhart, and Mary Eberhart. To be more fully understood, it is expressly my desire that my property be enjoyed by my blood relatives, descendants of my lawfully begotten heirs, and should any depart this life, the property to revert to and continue to revert to my bodily relatives so they may keep my whole estate among them. The remaining half of my estate to my grnadchildren, the heirs of my daughter Kiddy Eberhart (to wit), Robert Eberhart, William Eberhart, Francis Eberhart and Mary Eberhart, to be managed by the same conditions as the foregoing clause. Executors: My trusty friends Archer Griffith of Oglethorpe County, and Robert Eberhart of Madison County, my grandsons. Signed: Archer Norris. Witness: Samuel Groves, David Evans, Willis Strickland. Rec’d 9 May 1856 Pg 100 William G. Shields 7 Mar 1856 To my wife Lucinda, my home where I live during her natural life or widowhood; if she marries again, to be sold and equally divided between my 3 children: Littleberry, John -----, and Mary Shields. To my wife, my horse, cart, oxen, two cows and working utensils. Executrix: My wife Lucinda Shields and my brother Littleberry Shields. Signed: William G. (x) Shields. Witness: Dudley Eberhart, R. L. McGinnis, Rodah Shields. Rec’d 12 Jul 1856 Pg 102 Stephen Morris 19 Mar 1855 All my property to my four children; Sarah K. Murray, James M. S. Murray, Stephen T. Murray and Aly A. M. Murray. My land in Chatooga County, one third of undivided lot no 107, 6th dist, 4th section, to be sold and the money to be kept in a fund for raising the above named children. My land, 100 leauges, in this county to remain undisturbed until Sarah C. Murray comes of age at 21 years, then the land to be divided equally as each child arrives at age. My featherbed, bedstead & bed clothing to my daughter Sarah C. Murray. Executors: My brother Alexander Morris and my friend John F. Kirk. Signed: Stephen Morris. Witness: Luke R. Standifer, George A. Morris, John R. Patterson. Rec’d 12 Jul 1856. Pg 104 Carson King 2 Sept 1856 We, Milton P. Deadwyler, Willborn J. O’Kelly and Joel Eckles were present last evening, 1 Sept 1856, at the residence of Stephen White in said county, before and at the time of the death of Carson King, the said King having been taken sick at the house of the said Stephen White. About one hour and a half before his death, he called on us to remember and take notice of what he was about to say. He had intended to make a will but neglected to do so. He wished us to understand his will and desire: his 700 acres in Habersham County to be equally divided between his son James J. King and his daughter Nancy Berryman, wife of Gilson F. Berryman. If Nancy dies without heir, her share to be divided between her brothers and sisters. The home place of 100 acres in Madison County, and the one half of the mill, to remain undisposed of for 20 years for the support of his younger children: Lucy M. King, John W. King and Martha A. E. King. Each of his said younger children to have bed & bedding, also William H. King to have bed & bedding. The rest of his estate to be sold and equally divided among all his children. The share of Nancy House, wife of Buky House, to go to her during her natural life and at her death to go to her children. After 20 years the homeplace and the half of the mill to be sold and divided equally between all the children. His son William H. King to act as guardian for the minor children, and have pay for keeping up the mill. Soon after which he died. Signed: M. P. Deadwyler, Willborn J. O’Kelly, Joel Eckles. Rec’d 11 Oct 1856. Pg 106 Elizabeth Smith 13 Sept 1836 To my great granddaughter Sarah Harriett Thompson, daughter of Julia Ann Thompson, deceased, former wife of James Thompson, Jr., $100. To my granddaughter Mary E. Boothe, daughter of Mary P. Boothe and Robert Boothe, one negro boy named Jordan about 7 or 8 years old. To my daughter Lucy Stephens, widow of Elisha Stephens, late of Coweta County, $600. To my daughter Nancy Floyd, wife of Turner Floyd, $200. To the children of my deceased daughter Elizabeth Bradbury, formerly wife of William H. Bradbury, deceased, (viz) Jane Pool, wife of Jonathon Pool; James H. Bradbury; Mary E. Bradbury; Nancy L. Bradbury; Stephen Bradbury; Celia Bradbury; and Susan Bradbury, $150 to be equally divided between them. To my son Henry P. Smith, two negroes, Andrew, about 24, and Clary, a girl about 25. Also to Henry P. Smith, notes of hand I hold upon him, one made to Stephen White for $412.50 and one made to myself for $136.69. Also $140, the amount I hold against him for the hire of two negroes, Lewis and Anderson. To my daughter Judah J. Russell, wife of William R. Russell, two negroes, Lewis a boy about 36 and Amy, a girl about 28. To William R. Russell, one note of hand I hold against him for $79, John Russell security. To my daughter Celia M. Carrington, wife of William Carrington, four negroes: Billy, about 25; Charlotte, about 27; Harriett, about 18 and her child Fanny. Also to my daughter Celia, my chaise horse and my burnace(?). To my granddaughter Myran E. Mitchell, wife of Thomas Mitchell, one negro girl Ann, about 6. My beds and bedding to be equally divided between my three daughters, Mary P. Boothe, Judah J. Russell and Celia M. Carrington. My negroes Ben and Clary to be sold. To my daughter Judah J. Russell, 54 acres on the waters of Holly Creek. The remainder of my estate equally divided between my children Henry P. Smith, Judah J. Ruseell, Mary P. Boothe and Celia M. Carrington. Executor: my friend Willis Strickland. Signed: Elizabeth (x) Smith. Witness: Francis P. Eberhart, Willis H. Bennett, William S. Whitworth. Rec’d 11 Oct 1856. Pg 110 Adam Eberhart 6 Nov 1856 All my effects to my wife Francis Eberhart during her natural life. Some of my children have received a horse, bed and furniture, etc; after the death of my wife, those who have not shall be made fully equal with those who have. After that, my estate shall be equally divided among all my children. Executors: my sons Jacob Eberhart and Andrew S. Eberhart. Signed: Adam (x) Eberhart. Witness: Bennett Sims, Spelsby Trible, Peter B. Winfrey. Rec’d 5 Dec 1856. Pg 111 Stephen White 14 Apr 1857 To my wife Lucy White, all my household furniture that she may wish for her comfort during her life, and provisions for her family and stock for one year. Also any part of the tract of land where I now live. However, if my wife should marry, my executors to take control of my Mills, to secure for all my children the one half of the tolls received at the Mills and to keep them in good repair. Also to my wife, six negroes as she may choose, and after her death to be placed in lots and to be equally divided between all my children. Also, 2 horse and 2 mules, one two-horse waggon, also my carriage and as many cattle, hogs and sheep as she may choose, also my Blacksmith and Plantation tools and one equal part with my children in cash. To my son Obediah Newton White, two negroes; Charlotte, a girl of yellow complexion about 12 years old, and Dave, a boy of dark complexion about 8 or 9; valued together at $850. Also, $770 in cash or property, and household furniture from my house so as to be made equal with my children who have married. The negores belonging to my estate to be distributed among all my children: Isaiah M. White, Rhody White, Henry P. White, William A. White, Elizabeth M. O’Kelly, and Obediah N. White. My land to be sold and equally divided between my 6 children. The part I intend for my daughter Rhoda White, wife of James R. White, I give to James R. White in trust for the sole use & benefit of Rhoda White and her children, free & exempt from the disposal of said James R. White but to be kept and managed by him. The portion I intend for my daughter Elizabeth M. O’Kelly, wife of Benjamin F. O’Kelly, I give to Benjamin F. O’Kelly in trust for the sole use & benefit of my daughter Elizabeth M. O’Kelly, exempt from the disposal of Benjamin F. O’Kelly but to be managed by him. Executors: my sons Isaiah M. White, Henry P. White and William A. White. Signed: Stephen White. Witness: J. S. Gholston, John M. Mathews, William D. Chandler, Joel Eckles. Rec’d 8 May 1857. Pg 115 John Collins 20 Jun 1857 To my son William R. Collins, the following tracts of land; 1st tract, 101 acres, 2nd tract, 16 acres, 3rd tract, 220 acres, 4th tract, 19 acres. This is to but against what I have given to the rest of my sons. The rest of my property to be divided among the following: Mary Collins my wife, Peggy Dudley, John W. Collins, Thomas Collins and William R. Collins. John an Thomas may keep the land where they are living; John, 150 acres for $150 and Thomas, 100 acres for $100. If not, the land to be sold & divided with the rest of my property. The portion falling to Peggy Dudley to go to her and her children only. Executor: my son William R. Collins. Signed: John Collins. Witness: William F. Whitehead, Augustus W. Carithers, Francis E. Powers. Rec’d 7 Jul 1857. Pg 116 William Sanders 12 May 1855 To my wife Cynthia Sanders, all my estate, lands, negroes, horses, cattle, hogs, sheep, plantation tools, ox and cart, waggons, pleasure carriages, household of all & every description, beds, bedsteads & furniture, tables, sideboards, bureaus, chests, clocks, kitchen furniture and cooking utensils, money, debts of all kinds - with the exceptions made in the 2nd clause. And now I deem it proper to remark that notwithstanding my affections are the same towards all my children that they ever have been and I would be glad to do more for them than I have done had I the means, but being compeled to pay out a considerable amount by gaining security, which is the cause that I can not give them nothing more than I have heretofore given them. The exception to the first clause... I think it probable that there is a Gold Mine on the tract of land I now live upon, and in the event there should be gold or copper discovered, the land to be divided between my wife and children; Parthemia Whitworth, Argulas Sanders, Betsey Williams, Sally Stamps, my grandson William Briten Embry and George S. Key whom I have raised and now live with me. Executrix: my wife Cynthia Sanders. Signed: William Sanders. Witness: Nathaniel Strickland, James F. Strickland, John Strickland. Rec’d: 1 Jul 1857. Pg 118 Jane Nutt 23 Oct 1847 I have heretofore given my grandson John Nutt a negro man named Green and $600 in money, making $1100 for which I hold his note & obligation; I hereby direct that note and obligation given to him. To each of my other grandchildren; Mary Jane Ware, sarah Jane Kimbrough, Margaret Ann Kimbrough, Martha M. Kimbrough, Jesse William Kimbrough, John W. Colbert, James F. Colbert, Nathaniel N. Colbert and Sarah Ann Colbert, and my daughter Margaret M. Colbert, I have likewise heretofore given in property and money $1100. My land in this county containing 550 acres, my two negroes Nancy and Green, and my other property to be sold and divided between the following persons that may be alive at the time of division: My grandchildren John Nutt, Mary Jane Ware, Sarah J. Kimbrough, Margaret Ann Kimbrough, Martha M. Kimbrough, Jessee William Kimbrough, John W. Colbert, James F. Colbert, Nathaniel N. Colbert, Sarah Ann Colbert and daughter Margaret M. Colbert. Executor: my son-in-law Sanders W. Colbert. Witnes: Jane (x) Nutt. Witness: Jno. Sanders, Kintchen Strickland, L--- Colbert. Rec’d 8 Oct 1857. Pg 120 Nancy Strickland 22 Sept 1857 To my four daughters, (viz) Mary R-----, formerly Mary Strickland; Sophia Porterfield, formerly Sophia Strickland; Nancy Johnson, formerly Nancy Strickland; and Sarah H. Christian, formerly Sarah H. Strickland, all my bedding and bed furniture. All my estate, both real and personal, to be sold to the highest bidder and equally divided among my six children; (to wit), ) Mary R-----, formerly Mary Strickland; Sophia Porterfield, formerly Sophia Stgrickland; Nancy Johnson, formerly Nancy Strickland; and Sarah H. Christian, formerly Sarah H. Stirckland; James E. Strickland in trust for the children of Gaines Strickland; and James E. Strickland and William Strickland in trust for Zachariah Strickland my grandson and son of William Strickland. The parts going to Mary B--- and Sophia Porterfield to be free from the liabilities of their husbands. To my son James E. Strickland, in trust for Nancy Strickland, Mary Strickland and Ephraim Strickland, children of my son Gaines Strickland, one equal share or one seventh of my estate. To my son William Strickland in trust for my grandson Zachariah Strickland, son of William Strickland, one equal share or one seventh of my estate. To my daughter Nancy Johnson, my present crop of corn and cotton. One cow and calf to grandchildren Nancy R. Strickland, Mary E. Strickland and Ephraim Strickland. To my daughters Sophia Porterfiled, Nancy Johnson and Sarah K. Christian, my entire stock of hogs. Executor: My son James E. Strickland. Signed: Nancy (x) Strickland. Witness: James Daniel, Jr., Samuel M. Ware, Jeremiah P. Perryman, James S. Gholston. Rec'd: 8 Oct 1857. Pg 123 Harris J. Hart 12 Oct 1858 My estate to be kept together for the maintenance of my wife and three youngest children, (to wit), Sally Hart, my wife, James A. Hart, Archy F. Hart, Laloola M. Hart until the youngest shall become of age. Then my entire estate to be divided equally among my wife and four children, Mary M. Thompson and the above named three children. If my wife should marry, at that time my estate to be divided equally between my wife and four children. Executor: My beloved and trusty friend Sherman J. Sims. Signed: Harris J. (x) Hart. Witness: C.B. Sims, M.W. Edwards, James F. Faulkner. Rec'd 5 Nov 1858. Pg 124 James Lawless 27 Jul 1857 All my estate to my wife Permelia P. Lawless during her natural life or widowhood, but not to sell my land in this county ever during her lifetime or leave the same to any person whatever. If my wife should marry, then my estate to be sold when my youngest child is twenty one and equally divided among all my children. My sorrell filly to be sold to pay my debts. Executor: Richard H. Bullock. Signed: James (x) Lawless. Witness: Josiah Cheatham, William H. (x) Bryant, Spilsby Trible. Rec'd 5 Mar 1859. Pg 126 Joseph Bragg 2 Jan 1854 To my brother George Bragg and my nephews Charles T. Berryman, Robert Berryman, and Wilson P. Berryman, the sons of my sister Nancy Bragg formerly, now Nancy Ballinger, my entire estate consisting of seven negroes (to wit) Fillis, a girl about 22; Becky, a girl about 15; John, a boy about 15; Malinda, a girl about 14; Tourcali, a girl about 8; Frances, about 6; and William, a boy about 12; and 350 acres of land in this county. Executors: My nephews Charles T. Berryman and Robert Berryman. Signed: Joseph (x) Bragg. Witness: James S. Gholston, Richard B. Gholston, James Daniel, Jr., Felan S. Pullen. Rec'd 5 Mar 1859. Pg 128 George Bragg 17 Jul 1857 Indenture between George Bragg of the one part, and Jeremiah T. Hall, son-in-law, of Madison Co., Jefferson Jones, son-in-law, of Madison Co., and Thomas B. Bragg, son, of the State of Mississippi, Newton County. For love and affection, all the property that George Bragg owns or is possessed of at the time of his death, except $30 which he gives to Lucy Parlia, the youngest child of Permelia Tucker. Signed: George Bragg. Witness: Wilson P. Berryman, Wm. (x) Hall, R.M. Brown. Rec'd 8 Aug 1860. Whereupon it is considered and adjudged that the said paper prpounded be admitted to record as the last will and testament of George Bragg. 9 Sept 1859, T.M. Daniel, Atty for Pros. Pg 130 John Dobbs 11 Jul 1855 My wife Sarah to have all my estate during her natural life. At the death of my wife, my estate to be equally divided between my children (to wit), my two sons James Dobbs and Oliver Dobbs and my daughter Mary Ann Anthony. My son Oliver to take my negro Charlotte and her increase into trust for Mary Ann Anthony and her children should she have any. Executors: My sons James and Oliver Dobbs. Signed: John Dobbs. Witness: Gabriel Nash, Henry C. Nash, Martin Nash. Rec'd 1 Dec 1860. Pg 132 Elizabeth Montgomery 16 May 1861 Having no children, I will and bequeath to my nephew John N. Montgomery $200; to my niece Caroline Bird, wife of Wilson J. Bird, $100; my nephew Joel Cunningham, $100; my niece Martha N. Poole, $100 for the benefit of her children Rosanna & Mary Poole; to James L. Bird, my nephew, $200. The remaining part to be divided equally among them. Executors: John N. Montgomery and Joel Cunningham. Signed: Elizabeth Montgomery. Witness: Green B. Suaill, William P. Alexander, Joel L. Willis, R.W. Pruett. Rec'd 10 Jan 1862. Pg 133 Willis Strickland January 1862 To my wife Harlow S. Strickland, all my property both real and personal during her lifetime or widowhood, except as hereinafter provided. To my daughter Mary E. Groves, wife of Stephen C. Groves, a negro boy Doctor. To my daughter Saleney E. Strickland, a negro girl Polly. To my daughter Harriett Thompson, wife of Ephraim Thompson, a negro girl Mary. To my daughter Huldah McCurdy, wife of William H. McCurdy, a negro girl Caroline. To my daughter Sarah A. Strickland, a negro girl named Minta. To my son Milton J. Strickland, for a home, land adjoining Willis Jarrell, Harriett W. Graham and myself, and also a negro boy Sam. To my daughter Elizabeth Strickland, a negro girl Matilda. To my son Wilson B Strickland, for a home, the land known as the James Jarrell Tract, a negro boy Haden. To my son Kinchen Strickland, land upon the same tract of my other two sons, and one negro boy Wiley. To my daughter Eliza F. Strickland, a negro girl Ann. To my granddaughter Nancy E. McCurdy, daughter of William H. and Huldah McCurdy, $150 to aid in raising and educating her. If my wife marries, to have two choice negroes and and equal share of my estate. Executors: my son Milton J. Strickland and my friend Richard B. Gholston. Signed: Willis Strickland. Witness: Francis Power, Charles C. Graham, James J. Green. Rec'd 14 Jul 1862. Pg 137 James Burroughs 14 Jul 1856 To my present wife Elizabeth Burroughs, all the good and chattels that belonged to her before our marriage and brought to my house after our marriage consisting of bed, bedstead & clothing chest, trunk, drapery, table, wearing clothes, etc, cow & calf. And $500 from my estate. All the remainder of my property to be sold an divided equally into six shares, one to my son William F. Burroughs, one to my son John A. Burroughs, one to the children of my daughter Mary F. Bone (deceased), one to my executors in trust for my daughter Alsey Lane and then to her children, one to my executors in trust for my daughter Elender Thompson and then to her children, one to my executors in trust for my daughter Eliza Johnson and then to her children, excluding the heirs of her deceased son William Johnson. My reason for excluding William Johnson's heirs is his undutiful and bad conduct towards me his aged grandfather. Half of the value of the land on which I now live shall be equally divided among the children of my former deceased wife Nancy Burroughs, born of her by Edward Christian, dec'd, her former husband. The other half to be divided among my children and grandchildren as named. Executors: My sons William F. and John A. Burroughs. Signed: James (x) Burroughs. Witness: A. Phillips, A.J. Ware, Richd B. Gholston. Rec'd 6 Aug 1862. Pg 139 Charles McGee 20 Feb 1862 To my wife Rebecca, one fourth of all my property, and one fourth part of the share I have a right to draw from my father's estate. The remainder to be equally divided between my children. Executor: My brother Joseph McGee. Signed: Charles McGee. Witness: W.R. Collins, Isaac B. Simmons, John C. Collins, J.M. Mathews. Rec'd 7 Aug 1862. Pg 140 George Hampton 13 Nov 1849 All my land and property to my wife Sarah Hampton. At my wife's death, my negro woman Rose to have the privilege of choosing her house with any of my children who are willing to take her. The rest of the property to be sold and $200 to be paid to each of the following named of my daughters: Sarah Anderson, Minty Ann Williams, Rhoda Gilbert and Elizabeth Whitworth, to make them equal with what my other children have already received. The balance to be equally divided between all my children. If at the time of said sale, the negroes Rose and Sharp so old and infirm so as to be of no value, then some reasonable amount no exceeding $50 to be retained by my executors to keep them from suffering during their lifetimes. I retract and except my daughter Rutha Whitworth, she should not have any part of my estate more than she has already received in my lifetime. Executrix: My wife Sarah Hampton. Executor: Spelsby Tribble and Jonathon Sanders. Signed: George (x) Hampton. Witness: Jona. Sanders, Chapman Windham, R. H. Bullock. Rec'd 12 Nov 1862. Pg 142 James Porterfield 20 Jun 1857 I have already given my son Willis Porterfield one horse, saddle & bridle and 100 acres of land; it is my will that he have no more of more of my estate during the life or widowhood of my wife Tabitha Porterfield. I have already given my son Allen Porterfield a horse, saddle & bridle and 100 acres of land; it is my will that he have nothing more of my estate during the life or widowhood of my wife nor in a final division. I have given to my deceased son John Porterfield one horse, saddle & bridle and 100 acres. Never having made John Porterfield title to this land, I have executed the same to heirs. They will have nothing more from my estate. I have given to my son James W. Porterfield one horse, saddle & bridle and 100 acres of land; nothing more of my estate during the life or widowhood of my wife. I have given my daughter Malinda Collins one bed & furniture, 2 cows and calves, & cooking utensils. At my death, my son-in-law Jeremiah Hall to have in trust for Malinda Collins $300 for her use and not subject to the control of Thomas Collins, her husband. I have given my daughter Martha Strickland one bed & furniture, one cow & calf, saddle, cooking utensils, etc. At my death, my son-in-law Jeremiah Hall to have in trust for Martha Strickland $50 for her use and not subject to the control of William Strickland, her husband. I have given to my daughter Eliza Broach one bed & furniture, cow & calf, saddle, etc; at my death she is to have $330 and nothing more during the life or widowhood of my wife. I have given to my daughter Harriett Carithers one bed & furniture, cow & calf and other property; at my death I will that she have $300 and nothing more during my wife's life or widowhood. I have given my son Heratio Porterfield one horse, saddle & bridle and 100 acres of land; he is to having nothing more during my wife's life or widowhood. I give to my son Nathan Porterfield one horse, saddle and bridle and 100 acres of land. I have given to my daughter Francis Hall one bed & furniture, cow & calf, etc, at my death I give her $300 and nothing more during my wife's life or widowhood. To my wife Tabitha Porterfield, all my estate not otherwise disposed of. Should she marry, to have an equal share with my children. My son Allen to have nothing more from my estate. At the death or marriage of my wife, my property to be sold and divided equally among my children hereinafter named: Willis Porterfield, James W. Porterfield, Eliza Broach, Harriett Carithers, Horatio Porterfield, Nathan Porterfield, Frances Hall. Executrix: My wife Tabitha Porterfield. Executor: My son Willis Porterfield. Signed: James Porterfield. Witness: William M. Seath, Crawford M. Strickland, John Seath, Jr. Rec'd 20 Jan 1863. Pg 146 Lemuel Dudley 6 May 1862 To my wife Nancy S. Dudley, during her natural life, 89 acres where I now live and another lot of land adjoining Benjamin L. Carithers and others containing 100 acres, and all my stock, household and kitchen furniture. At her death, to be sold and equally divided between my lawful children, namely, James T. Dudley, Mary Ann P. Dudley, Jasper J. L. Dudley and Lemuel D. Dudley. Executrix: my wife Nancy Dudley. Signed: Lemuel (x) Dudley. Witenss: Oliver Threldkeld, R.M. Brown, Robert Woods, James P. McCalister. Rec'd 10 Feb 1863. Pg 147 David Barnett 20 Jun 1861 Oglethorpe County At my death, my property both real and personal (except as herein after provided) to be sold and the funds equally divided amongst all my children except Benjamin J. Barnett and William Barnett, to each I give one dollar. My reason for excluding my two sons Benjamin and William is that I have always had to pay for them more than an equal share of my estate would amount to. My youngest son George W. Barnett has volunteered and is now in the service of his country and may never live to return; in that event his share to be equally divided between his brothers and sisters of the full blood. To the children of my deceased daughter Crotia M. Hays, one equal share, except Tabitha Power, formerly Tabitha Hays, wife of Bennett Power; her share to go to her children. To my son James Barnett, an equal share. To the children of my deceased daughter Nancy Power, former wife of William G. Power, except Susan Power who is now dead and Bennett Power who has not acted in a becoming manner. To my daughter Mary Coil, wife of James Coil, during her natural life and then to her children. To my daughter Martha Wood, wife of Fountain Wood, one equal share of my estate for her sole and separate use. To my daughters Vicey E. Duffel, wife of James Duffel; Nicy E. Simmons, wife of Turner Simmons; Francis S. McLeroy, wife of Charles McLeroy; Eliza J. Daniel, wife of Allen H. Daniel, one equal share for their sole and separate use during their lives and then to their children. To all the rest of my children (to wit) Elizabeth Ann Barnett, Abel M. Barnett, David A. J. Barnett, John F. Barnett, Leonard C. Barnett, Archibald H. Barnett and George W. Barnett, I give one equal share of my estate. My sons Archibald H. Barnett and daughter Elizabeth Ann Barnett to have the privilege of taking possession of my lands for a home if they choose to do so. Executor: My friend Willis Strickland. Signed: David (x) Barnett. Witness: John V. Collier, Benjamin G. Webb, James O. Chandler. Rec'd 23 Jan 1863. Pg 151 John H. Lester 22 Dec 1862 Being now about to depart from my home to go into the Army in the service of my country as a substitute and therefor may not live to return to my native home in this life, deem it right & proper both as regards to my relatives and my self, being a single man, that I make a disposition of my property. To my sister Caroline Bullock, my gold watch and chain and my double barrel shot gun and my cross cut saw, and the tender obligation for $2000 which I hold against Sanders W. Colbert, for her to collect and pay the rest of my brothers and sisters five dollars to each one, the balance to go to her own proper use and benefit. Executrix: My beloved and most worthy sister Caroline Bullock. Signed: John H. Lester. Witness: John H. Bullock, Sarah A. Pall---, John F. Kent(?). Rec'd 10 Jun 1863. Pg 152 Sibby A. Eberhart 12 Sept 1859 To my son Charles M. Smith, my negro boy John about 3 or 4 years old. To my granddaughter Georgia Ann, daughter of Elizabeth Ann Williford, my negro girl Julia about 7 years old. To my granddaughter Martha E. Williford, my negro boy Ralfen, about 2 or 3 months old. My negro boy Charles, together with all my other perishable effects, to be sold and the proceeds equally divided between my grandchildren; Georgia Ann, Martha E. Williford, Wilson Williford, Sarah H. Thompson, and my grandchild, daughter of my son William G. B. C. Smith and Mary F. Smith his wife, and James Pitt who is to have $100 more than an equal share. My husband Eli Eberhart to have the use of my negro woman Minerva while he remains single or until his death, under the control of my son Charles M. Smith, then to belong to my son Charles M. Smith. Executor: my son Charles M. Smith. Signed: Sibby A. Eberhart. Witness: Wm. H. McCurdy, John A. McCurdy, Willis Strickland. Rec'd 15 Aug 1863. Pg 154 Kinchen Strickland 15 Aug 1854 First, all my debts to be paid. Second, to my wife Sarah H. Strickland during her natural life or widowhood, 100 acres of my land including the houses, with the exception of the Gin House; a horse, my carriage and harness, and at her death or marriage, the carriage and harness to belong to my daughter Elizabeth Guthright, formerly Elizabeth Strickland. Also to my wife, a negro girl named Nancy about 12 or 13 years, during her life or widowhood and then to revert back to my estate. But if my wife moves out of Madison or Clarke County, Nancy and her increase to revert back to my estate and my wife to have $300. Also to my wife, a bed and furniture, one cow and calf, one sow and pigs, four head of sheep, and household and kitchen furniture. My boy Edmond to be placed in her possession to assist in making a support during her life or widowhood. My wife to have the trunks and bed clothing she brought to my house after our marriage. Third, to my grandchildren, the children of my daughter Polly Sims, a negro boy named Stephen 11 or 12 years old. Should my daughter Polly die before her present husband Burkly Sims, then my son-in-l aw to enjoy the use of Stephen until the youngest child of my daughter Polly becomes of lawful age. Also to the children of Polly Sims, $400 to be retained at interest until the youngest child comes of age, then to be equally divided among them, in lieu of 200 acres of land I intended for them. Fourth, I have already loaned my son Wilson Strickland a negro boy Richard, which I now give and bequeath him during his life and then to his children. Fifth, I have already loaned my son Willis Strickland a negro boy Silas which I now give and bequeath him for his natural life and then to his children. Sixth, I give my daughter Louany a negro girl named Sella during her natural life and then to her children. Seventh, To the children of my daughter Lucinda who has departed this life, a negro girl Louisa and her present and future increase, to be held and kept by Noah W. Pittman, formerly the husband of my daughter Louany, until the youngest child comes of age, then to be sold and divided among the children and Noah Pittman to have an equal share. Eighth, To my daughter Sarah Adeline I have already loaned a negro girl named Mahaly, which I now give and bequeath her for her natural life and then to her children. Ninth, To the children of my son Benoni B. Strickland, 200 acres of land and a negro boy Oris, to be held by my son during his natural life and then divided among his children. Tenth, To my daughter Elizabeth I have already loaned a negro girl named Caroline, which I give to my daughter for her natural life and then divided among her children. Eleventh, To my son Kinchen M. Strickland during his natural life, a tract of land supposed to be about 250 acres and a negro boy Lewis, then to be divided among his children. Twelfth, To my grandson Willis F. Strickland, son of Henry R. Strickland, during his natural life, a negro boy Burton and 150 acres where Henry Strickland formerly lived, and then to be divided among his children. Thirteenth, My daughter Elizabeth to have a cow and calf. Fourteenth, My son Kinchen M. Strickland a bed & furniture, 2 cows & calves, 4 head of sheep, one sow and pigs, household and kitchen furniture. Fifteenth, The girl Nancy and her increase if any that I left to my beloved wife during her natural life or widowhood or as long as she remains in this county or Clarke County, to return to my estate and that one of my children take said Nancy at valuation. Sixteenth, my property that may revert to be disposed of in the same manner as my real and personal estate. Seventeenth, The balance of my negroes and their increase be placed in nine shares or lots and drawn for in the usual manner, each legatee being entitled to the lot he or she may draw. Eighteenth, All my real and personal estate not already disposed of to be sold at public outcry and the money arising therefrom equally divided between my nine children with the exception of my daughter Louany, who after her husband Willis H. Strickland accounts to me for $100 which I have to pay for him to William Matthews then my daughter Louany is to have an equal share with the rest of my children. Nineteenth, I have an old negro man named Isaac who has been a faithful servant, when he shall become unable to labor for his support my will is that he make choice of one of the children at whose house to make his home and that my estate pay to such child reasonable compensation for taking care of him. It is my desire that my executors reserve sixty feet square around my wife's grave. Executors: My sons Willis Strickland, Benoni B. Strickland, and Kinchen M. Strickland. Signed: Kintchen Strickland. Witness: James S. Gholston, Sanders W. Colbert, Richard B. Gholston. Codicil: 9 May 1861 First, I revoke and annul the second article and in leiu thereof do give my son Kinchen M. Strickland in trust for my beloved wife Sarah H. Strickland during her natural life or widowhood a sufficiency of land off the upper part of my plantation known as the John Hickens Johnson tract including the two lower rooms on the north side of the house I now live in and the use of the kitchen and smoke house; also such a horse as she may select not exceeding $80 and my carriage and harness; also one negro woman by the name of Viney for the use of my wife Sarah H. Strickland during her natural life or widowhood and then to revert back to my estate. Also to Kinchen M. Strickland in trust for my wife, a negro man Edmond for the purpose of assisting her in making a support on the land. Also for the use of my said wife one choice bed and furniture, one cow & calf, one sow & pigs, and household furniture, clothing, etc. Second, I revoke the ninth article as it relates to the negro boy Orris, the said Orris having died. I now give in lieu of Orris a negro boy named Burton. Third, I revoke and change the twelfth article as relates to the negro boy Burton which I have in the codicil given to the children of my son Benoni B. Strickland and in lieu of said Burton I now give to my grandson Willis F. Strickland my boy Jesse. Fourth, I now give to my son Kinchen M. Strickland in addition to what I have already given him in the eleventh article, for his attention and services rendered me and my family during our afflictions sickness, the sum of three hundred dollars. Also to my grandson Willis F. Strickland in addition to what I have already given him in the twelfth article, for his kind attentions and services rendered to me & family during our afflictions and sickness, the sum of $150. It is also my wish and desire that my son Kinchen M. Strickland and my grandson Willis F. Strickland have use of and occupy the house that I now live in except the two lower rooms on then north side. Fifth, should my son Kinchen M. Strickland refuse to act as trustee for my wife Sarah H. Strickland, then my son Willis Strickland should act as trustee, but in the event that neither of my sons Kinchen Strickland or Willis Strickland should be willing to act as trustee, I hereby authorize the court of Madison County to appoint some fit and proper person. Signed: Kinchen Strickland. Witness: Rufus M. Mironey, Oliver R. Griffeth, Walten H. Griffeth. Rec'd 8 Oct 1863. Page 167 Francis Power 13 Mar 1862 My beloved wife Sarah M. Power keep all my property together after my just debts are paid for the raising and the education of my children and her support during her life or widowhood. In the event that my wife Sarah M. Power should marry again, all my estate be sold and equally divided between her and my children, she having a child's part of my estate. As my children become of age or marry, my wife to give them such property as she may think she can spare without injuring herself or the remaining children. If my wife should not marry again, my estate to be sold or divided after her death and so divided among my children. Executrix: My wife Sarah M. Power. Executors: My friend Charles C. Graham and my son James Power. Signed: Francis Power. Witness: William D. Gholston, John J. Carrithers, Richard B Gholston. Rec'd 28 Nov 1863. Page 168 Andrew McEaver 21 Feb 1858 I will to my four living daughters, to wit; Elizabeth Beard, Cynthia Faulkner, Margaret Webb and Martha Milham, five dollars each. Also the children of my deceased son B. McEaver and my deceased daughter Catharine Albright, one dollar each. After the two first & second items of this will are executed, my well known friend John R. Bond to take into his possession all the remainder of my estate to be kept in trust for the exclusive use & benefit of my son Joseph McEaver, not to be subject to the debts or contracts of said son Joseph McEaver. This I do because my son Joseph waited on his mother in her last sickness in a manner that gratified me & because my son Joseph since the death of his mother & my wife has not ceased waiting on me. Executor: My friend Gabriel Nash. Signed: Andrew McEaver. Witness: John Scott, Sr., Alexander Veal, K. Tyner. Rec'd 28 Nov 1863. Page 169 Andrew S. Eberhart 27 Jul 1863 Expecting in a short time to go to the Army as a soldier in defense of my country & through the will of divine providence may not return in this life, deem it right & proper both as regards to my family and myself that I should make a disposition of the property with which a kind providence has blessed me… To my daughter Sarah A. my negro girl Mandy about 10 years old, one feather bed & clothing and & bedstead, also one half of the balance of my estate. The other half of my estate to be divided equally between my beloved wife Edna J. and my daughter Letitia L. My wife to have & hold the said equal share during her natural life or widowhood; in case of her death or marriage, it all to go to Letitia L. All my property to be kept together as it is now until my daughter Sarah A. becomes of age or marries. Executor: my friend Bennet Sims. Signed: Andrew S. Eberhart. Witness: James S. Treble, Sarah A. Patterson, John F. Kirk. Rec'd 28 Nov 1863. Page 171 Nancy Lathers 14 Sept 1863 To my grandson Robt. J. Workman one hundred dollars. To my grandson James Workman one hundred dollars. To my sister in law Martha Anderson one thousand dollars. To my friend Rebecca Anderson, daughter of my sister in law Martha Anderson, my walnut bureau, also my family bible and the rest of my books. Executor: My friend Rubin McGinnis. Signed: Nancy (x) Lathers. Witnesses: Boley Wilson, W. Strickland, Mary V. (x) McGinnis. Rec'd 8 Dec 1863. Page 172 John Scott January 1859 To my wife Rebecca Scott during her natural life, 100 acres that shall include the dwelling and outhouses on the plantation on which I live, adj. my son William, Sorrell's line, Christian's line; the following negroes: Commadore & his wife Jane & their children, little Jane, Swillen and Josephine; at the death of my wife (or should she take her dower out of all or any lands in that event), my executors shall sell said 100 acres and said negroes and divide the proceeds as I shall hereinafter direct the division of the sale of the residue of my property. Also to my wife the following property to dispose of as she pleases; a sorrel mare with a blaze on her forehead, my buggy and a horse of her choice, a yoke of oxen and cart or wagon of her choice, a saddle & bridle, two cows & calves, two bedsteads & furniture, all of her choice, two chests & trunk, one clock, all of her choice cooking utensils, table furniture, one years provision of corn, wheat, oats, meat, sugar & coffee. This property I will to my wife in lieu of her dower out of my real estate. Should she disregard my will and like her dower, she is not to have the foregoing legacy. To my son John Scott, the land settled and lived on for long time known as the Shoemaker place containing 250 acres; also the tract of land on which he now lives; also a negro woman named Huldah and her three children, Emily, Elizabeth and her infant child. To my son William W. Scott, the tract of land on which he now lives including the Hemphill tract that lies north of the land I willed to my wife. Also six negroes: Black Sam and his four children (to wit) Samuel, William, Harriet and Sarah, and a fellow named Green. To my daughter Elizabeth McKy the following negroes: Jerry, a fellow, and his wife Josephine and their four children (viz) Lewis, Thomas Henry Washington, George & an infant, Old Cynthia a woman, & fellow named Jeff. To the children of my deceased daughter Harriett McKy the following negroes (viz) Kit, my old trusty fellow, and his wife Luda [Linda?], Kit's sons Christopher, Elbert, his daughter Catharine & her husband Bill, Old Celia & Ephraim to be divided among them as they may think proper in the nature of the case. To my daughter Lettie Branham the following negroes (to wit), John a fellow and his wife Mary & their daughter Francis & Hagar, Old Sam and his wife Kate, also a tract of land adjoining her & Crawford W. Strickland containing 160 acres. To my daughter Huldah Holland the following negroes (to wit), Nance, a woman, Hamp, a fellow & his wife Martha & their four children Elbert, Washington, Martha & Robert; in the event that my said daughter Huldah Holland dies leaving no child or children, in that event the said negro Nancy & her increase shall go to my granddaughter Mary Holland. To the children of my deceased son Charles Scott, three several lots of land in Cherokee County of said State lying near the farm of my deceased son, also two town lots in the town of Camden in County of Cherokee, also the following negroes; Jack, a fellow, Charlotte and her son John and Harry a man. To my granddaughter Mary Holland the following negroes (to wit), Cynthia, Bill, Celia (John & Mary's child), and Lya a girl. To my grandson James W. Branham, a negro boy named Ned and $200. To my grandson Austin B. Branham the sum of $1400 if he is in life and calls for same seven years after my death. To my two sons John and William W. Scott, in addition to what I have already willed them, all the remainder of my Hemphill tract, each to have an equal number of acres. To my grandson Allen Wood, two negroes (to wit) Zed a fellow & Tancy. The remainder of my estate to be divided into as many shares as I have children and grandchildren. My executors to sell my one undivided third of the Madison Springs. All the negroes that I will to my granddaughter Mary Holland shall go with the hands of my son William W. Scott as trustee for her until she becomes of age or marries. All the property I have willed to my son John Scott except the tract of land first described be placed in the hands of my son in law John McKy in trust for my son. Executors: my son William W. Scott and my son in law John McKey. Signed: John Scott. Witness: Keeland Tyner, Crawford W. Strickland, Gabriel Nash. Rec'd 10 Feb 1864. Page 177 Morasset David 12 Oct 1860 To my wife Elizabeth David during her natural life, my entire estate both real and personal except as hereinafter describes. I have heretofore given my son Joseph J. David, now deceased, a negro boy named Bill, a bed and furniture, one horse, saddle and bridle and about $20 worth of other stock. Also to my daughter Lucinda O'Kelly, formerly Lucinda David, a negro girl called Matilda, a bed and furniture, one horse, saddle and bridle and about $20 worth of other stock. Also to my son Morasset David, Jr. I have given $800 in money, one horse, saddle and bridle, and wish him to the like bed and furniture and about $20 worth of stock to make him equal with the older children. Also to my son Jonathon David I have given $800 in money, one horse, saddle and bridle, and wish him to have the like bed and furniture and the like value of $20 in other stock. To my son William Griffeth David, one negro boy called Jim, one horse, saddle and bridle, one bed and furniture and about $20 worth of other stock. To my daughter Sarah Elizabeth David, one negro girl called Emily, whenever the said Sarah Elizabeth shall become of age, and should the said negro Emily die before my said daughter becomes of age, then the said Sarah E. to have $800; also to have a horse, saddle and bridle, bed and furniture to make her equal with the other older children. To my daughter Lucy E. David, the following negroes (to wit) one negro girl named Sarah Jane, and one negro boy named Solomon; also the like value in horse, saddle and bridle, bed and furniture to make her equal with the rest of my children; to be delivered to her by my executors when she may become of age or marry. At the death of my beloved wife Elizabeth David, all my property be sold and equally divided amongst all of my children (to wit), Lucinda O'Kelly, formerly Lucinda David; Morasset David, Jr.: Jonathon David; William G. David; Sarah E. David; and Lucy E. David. Executors: My wife Elizabeth David and my son William Griffeth David. Signed: Morasset David. Witness: H. J. Long, H. S. Bradley, D. R. Moseley. Rec'd 11 Feb 1864. Page 180 Levi Wilder 26 Jan 1864 To my beloved wife Lucy S. Wilder, with whom I have lived for thirty years, my boy Dennis about thirty years old, one bed, bedstead and bed clothing, two cows & calves, a sow & five pigs, my best bureau, one set knives & forks, one set of cups & saucers, a set of plates and tumblers, one trunk, six chairs, one horse and buggy, one wash pot and the cooking utensils, one washing tub, one water pail, one clock, also one year's provisions, one table, one bucket and washpan, two pitchers, one bowl and looking glass. I give to my son in law William A. Christian in right of his wife the sum of $250 in money. I desire that Julia A. H. Wilder have my boy Reuben until the day of sale for his victuals and clothes. I desire that Van A. Rice have my boy Tim until the day of sale for his victuals and clothes. My land and negores, except Dennis, be sold to the highest bidder and that the proceeds be equally divided between my wife and children. I desire that Van A. Rice sell in Athens all my ___ and divide the proceeds equally between my wife and children. Executors: Van A. Rice and James Shoemaker. Signed: Levi Wilder. Witness: Charles H. Andrews, David P. Freeman, Jerusha Cambell, Elizabeth L. J. Andrews. Rec'd 10 Feb 1864. Page 182 Luke R. Standerfer 17 Aug 1863 To my beloved wife Mary A. Standerfer, all my estate during her natural life, and in case she should not support as it is my will, she should sell off some part of my property as she can best spare; and after her death, all my estate if any to be equally divided among my brother Benjamin M. Standerfer, Alexander Morris and Mary Morris. Executrix: Mary R. Standerfer. Signed: Luke R. Standerfer. Witness: Alexander (x) Morris, William (x) Bullock, Spilsby Trible. Rec'd 10 Feb 1864. Page 183 Little B. Shields 15 Aug 1863 Being about to leave home and go in the Confederate service as a volunteer… to my beloved wife Rhoda Shields, the balance of my estate after my debts have been paid, for her natural life or widowhood. Should my beloved wife marry again, all my property to be sold and my wife Rhoda to have one half of my estate. My wife Rhoda to have one half of my entire estate either should she remain single or marry again. The other half of my estate, I desire that my brother Stephen Shields have one fourth. Wm. C. Shields' three children, Wm. B. Shields, John N. Shields and Mary E. Shields, to have one fourth of the above named half of my estate, to be equally divided between them. Malissa A. Swindle to have one fourth of the above named half during her lifetime or widowhood; at her marriage or death, to be equally divided between her three children, George M. Swindle, A----- Swindle and Martha E. Swindle. Sanford J. Shields' children to have one fourth of the one half, after $100 is deducted and given to James H. Shields. The names of Sanford J. Shields' children: William Shields, Mary E. Shields, Ar--- Shields, Amand(a) Shields, & Nancy Shields. Executor: My friend Wm. M. Smith. Signed: Little B. (x) Shields. Witness: J. P. Fitzpatrick, T. A. Fitzpatrick, Nancy J. (x) Fitzpatrick. Rec'd 10 Feb 1864. Page 185 Morasset David, Jr. 8 Mar 1862 To my beloved father and mother, Morasset David, Sr. and Elizabeth David, my negro boy John together with all my other property both real and personal during their natural lives and at their death my desire is that all my property be equally divided between my brothers and sisters then in life (to wit) Lucinda O'Kelly, William G. David, Jonathon S. David, and Lucy David, share and share alike. Executor: my father Morasset David, Sr. Signed: Morasset David, Jr. Witness: H. L. Sanders, W. H. Griffeth, K. M. Strickland. Rec'd 10 Feb 1864. Page 186 Robert K. Carruth 20 Aug 1863 To my mother Elizabeth C. Carruth and my sisters Elizabeth A. Carruth, Margarett H. Carruth and Sarah P. Carruth, my entire estate both real and personal to take effect immediately after my death. At the death of my mother or any of my three sisters, my estate to descend to those in life. Executrix: my sister Sarah P. Carruth. Executor: Rufus M. Merony(?). Signed: Robt. K. Carruth. Witness: Baxter S. Rogers, Adkins Tabor, A. L. Carruth. Rec'd 6 May 1864. Page 187 Abram Simmons 13 Jun 1864 My executor to sell all my estate both real and personal in terms of the law for cash or credit. Should my beloved wife Sarah Simmons be in life at that time, my executor to keep in his hands enough of the proceeds to support her comfortably during her life and then divide the remainder of the proceeds into seven equal shares and take himself one of said shares for his share, and give to my daughter Louisa one share; and my daughter Rebecca C. Fuller one share; and my daughter Alenana C. Canada one share; to Frinaliza A. Carruth my aughter one share; to my deceased son Joseph Simmons' four children one of said shares; to my deceased son Harvy M. Simmons' three children, one of said shares. And in the event that my said wife should be dead at the time of such sale, my executor shall divide the whole of the proceeds as before willed. The one seventh part willed to my daughter Rebecca C. Fuller to be kept in the hands of my executor in trust for my said daughter during her life and then divided among her children, free from the control of her husband George Fuller. Executor: my son Irby D. Simmons. Signed: Abram (x) Simmons. Witness: Gabriel Nash, John R. Stovall, Alex L. Carruth. Rec'd 5 Jul 1864. Page 189 Andrew H. Downs 8 Mar 1862 Going into the Confederate service… to my two sisters which is living with me, Sarah Ann Downs and Jane Downs, all my property to be equally divided between the two. And I put all I leave in their hands for their own use & benefit as above directed, and in case I do return from the war and wish to alter or revoke the above will can do so at pleasure. Signed: Andrew H. (x) Downs. Witness: R. M. Brown, Dread Thornton, James P. McAlister. Rec'd 6 Aug 1864. Page 190 James P. Fitzpatrick 3 Nov 1862 Being about to leave home and go in the Confederate service… To my beloved wife Nancy J. Fitzpatrick, after my debts are paid, the balance of my property to have and hold during her natural life, and after her death to be divided equally between all of my children, to wit, Georgeann Fitzpatrick, a girl; Addison B. Fitzpatrick, a boy; Henry L. A. Fitzpatrick, a boy; Nancy J. Fitzpatrick, a girl; James A. Fitzpatrick, a boy; Mary F. Fitzpatrick, a girl; Elizabeth L. Fitzpatrick, a girl; Wm. B. M. Fitzpatrick, a boy; Rhoda C. V. B. Fitzpatrick, a girl. Executor: my friend Reuben F. McGinnis. Executrix: my wife Nancy J. Fitzpatrick. Signed: James P. Fitzpatrick. Witness: Henry L. David, L. B. Sheilds, H. O. H. Perry. Rec'd 20 Aug 1864. Page 192 Webb Carter 22 Apr 1864 For the love and affection I have for my beloved and affectionate wife Eliza Carter and Viny Calinder Stephens formerly Carter, Correy Catharine Carter, Parthena Emiline Carter, Obadiah Pendleton Carter; my wife Eliza Carter to keep my property together during her natural lifetime or widowhood; in the event of my wife's second marriage, I desire that all the property be equally divided between my beloved children. Signed: Webb (x) Carter. Witness: B. G. Payne, A. Tabor, Priscilla Tabor. Rec'd 20 Aug 1864. Page 193 James Shoemaker 30 Apr 1864 To my beloved wife Francis, all the property and money which she owned and possessed when I married her, consisting of two beds & furniture, one clothes press, one large pot and $500 in money which has been funded in Athens, Ga. Also to my wife during her lifetime or widowhood, the tract of land where I now live, my young cows & calf, two hogs, one lamb, one years provisions, all my castings, one cupboard and my cracking ware, two tables, one spinning wheel, and leather enough to make one pair of shoes and 100 pounds of cotton and $100 funded in Athens. In case my wife should marry again, all the property mentioned above, except the cotton & leather, to be sold and the proceeds equally divided between my two children. All my property not heretofore disposed of be sold and the proceeds equally divided between my two children. Executor: my trusty and esteemed friend Charles H. Andrews. Signed: James Shoemaker. Witness: D. P. Freeman, Mary Freeman, E. L. J. Andrews, L. C. Andrews. Rec'd 6 Oct 1864. Page 195 William H. C. Porterfield 21 May 1864 My beloved wife Sarah, and the children whom a divine providence has blessed us with, should keep the land for a home until the youngest child should become of age, and then to be equally divided among them. Executrix: my beloved wife Sarah. Signed: W. H. C. Porterfield. Witness: Henry Smith, John W. Porterfield, George W. (x) Lester. Rec'd 6 Oct 1864 Page 196 Lewis M. David 22 Sept 1864 To my dear brother John M. David, two-thirds of my land. To my dear niece Elizabeth Meadows, two-thirds of the remainder of my estate. And to my dear Georgia Ann David, all not disposed of. Executor: my brother John M. David. Signed: Lewis M. (x) David. Witness: R. W. Milner, John F. Groves, Isaac D. Vaughan. Rec'd 6 Oct 1864. Page 197 James Griffeth 15 Jun 1864 Being a volunteer in the service of the Confederate States… to my wife Harlow Griffeth, all my property to be hers during her life or widowhood, provided my son James N. Griffeth does not marry. In case my wife or son should marry, then the property is to be divided equally between the two. If at the death of my wife Harlow Griffeth my son James N. Griffeth should be in life, then the property is to go to my son James N. Griffeth. Signed: James Griffeth. Witness: Jacob B. Eberhart, Young A. Daniel, Jas. A. Glower, Edwd. R. Eberhart. Rec'd 3 Nov 1864. Page 198 James M. Stephens 22 Apr 1864 For the love and affection I have for my beloved wife Marilla R. Stephens, and Willis H. Stephens, Robert T. Stephens, Mary E. Stephens, and Howel P. Stephens; my wife Marilla Stephens to keep all the property together during her natural lifetime or widowhood except what she may not need for the use of the family; as the children become of age, my wife to give off to them such things as she may feel herself able to give them so as to make them equal one with the other. Signed: James M. (x) Stephens. Witness: B. G. Payne, Adkinson Tabor. Rec'd 9 Nov 1864. Page 199 Daniel Z. Wynn 8 May 1862 My entire estate to my wife Lusidney Wynn for her life provided she does not marry again, but in the event of her marriage or death one half of my estate to go to my brother & four sisters share and share alike and the other half to rest in my wife Lusidney & her heirs or go as she may by will direct. And should my wife have a child, then the half left as above to my brother and sisters is to go to my said lawfully begotten child. Being about to enter the service of the Confederate States of America as a volunteer and being uncertain as to ever returning has induced me to make this will. I hereby commend my soul to a merciful Creator through Christ who is my only hope of Salvation, and my life to the protection of my country for whose rights & independence I am willing to risk life & estate. Executor: my father Hezekiah Wynn. Signed: Daniel Z. Wynn. Witness: J. R. Matthews, J. Strickland, L. C. Matthews. Rec'd 9 Nov 1864. Page 200 Alexander G. Bullock 10 Aug 1860 My wife Milly Bullock and my daughter Frances Bullock shall have jointly during their natural lives the tract of land whereon I now live and one negro woman named Coraline, and all my household and kitchen furniture, but in the event that either of them should die, then I wish what I have given them to be divided with the remaining one and my son Alexander G. Bullock and my daughter Elizabeth Lester and at the death of both, my two last named children to have what they shall have. My money and notes to be equally divided amongst my wife Milly Bullock, my daughter Frances Bullock, Elizabeth Lester, and my son Alexander G. Bullock. Having gave all my estate to my wife and the three above named children, my reason for so doing is that I have given off to my other children a great deal more than I can give those mentioned in this will and I desire to make them all as near equal as I can. Executor: my son Alexander G. Bullock. Signed: Alexander G. (x) Bullock. Witness: Spilsby Trible, Sherman J. Sims, Jeptha R. Meaders. Rec'd 9 Nov 1864. Page 201 Jonathon Cooper 14 Aug 1863 Being about to enter the service of my country… My beloved wife Nancy E. Cooper to have my entire estate during her natural life or widowhood, and that she have full power to sell or change my estate any portion of my estate as she may think best for herself and my children. My wife to give to my children as they become of age or marry any property that she is willing to spare. All the property given off by her to any of my children, to wit, Henry M. Cooper, Matilda F. Cooper, Nancy A. E. Cooper, William B. Cooper, Eliza J. Cooper, and John S. Cooper, together with such child or children as may hereafter be born, to be valued by three disinterested men. Should my wife marry, then she is to have only a child's share of my estate. My negroes to be divided without sale if it can be done. Signed: Jonathon Cooper. Witness: John B. Moon, W. D. Gholston, Richd B. Gholston. Rec'd 15 Jan 1865. Page 202 Benjamin Brown 24 Jan 1865 To my beloved wife Catherine all the interest I have in the negroes she had and brought with her at the time of our marriage and their increase to dispose of at hear pleasure. To my wife for and during her natural life only a tract of land whereon Benjamin F. Mercer now lives to include 100 acres, also one black mule named Beck, one sow & pigs, one cow & calf, one bed & furniture of her own choice, 20 bushels of corn, 5 bushels of wheat, and 300 pounds of pork; all of the above property to be sold at the death of my wife and equally divided among my heirs hereinafter named. All my negroes to be appraised and equally divided between my heirs (to wit) Avaline Sorrells, Sarah Nunn and the heirs of Robert G. Brown, Neoma A. McGinnis, Destimonia Williams, Elizabeth Strickland, Milita J. Strickland, Zemily Payne, and Susan Mercier. The land where I now live to be sold with the following exception, one half acre of land including the grove in center of said half acre; my executor will sell said lot so that my heirs which have no land may have a chance to buy. Executors: my friends and sons in law Joseph Williams, David Payne, James Nunn, Matthew Strickland. Signed: Benjamin (x) Brown. Witness: John A. Burroughs, Edward G. Riley, Elba Collins. Rec'd 10 Feb 1865.