Madison County, GA, Will Book B 1863-1890 (Part 2) 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 ***************************************************************** INDEX to Madison County, GA, Will Book B (Part 2) Abstracted by Jeanne Arguelles - ejarguelles@msn.com Indexed by Mary Love Berryman - marylove@tyler.net ***************************************************************** TESTATOR INDEX ***************************************************************** Date Date Page Surname First Name Signed Recorded 207 Beard John R. 30 Aug 1862 9 Dec 1865 300 Beard Samuel F. 13 Mar 1873 7 Sep 1880 348 Bond John R. 16 Aug 1882 7 Apr 1884 372 Brannon Letty 14 Jul 1881 10 Jun 1886 364 Brewer Jacob L. 25 Jan 1886 8 May 1886 222 Bridges May 27 Nov 1859 4 Jun 1867 281 Bradley James (no date) 17 Oct 1878 295 Brewer Benjamin J. 23 Feb 1880 10 Jun 1880 412 Brown Bennett W. 21 May 1886 5 May 1890 368 Chandler Barthena C. 7 Apr 1886 8 May 1886 329 Cheatham Isham none 6 Nov 1882 333 Colbert Lindsey G. 29 Mar 1875 1 Dec 1882 315 Colbert Sanders W. 26 May 1880 none 324 Collins Elbu Oct 1882 Nov 1882 220 Crawford Ebenezer S. 12 Nov 1866 12 Jan 1867 298 Cunningham M. E. 2 Apr 1880 10 Jul 1880 362 David Isaac 13 Jul 1880 none 239 David Peter 23 Aug 1867 8 Jul 1870 397 David Samuel 8 Dec 1887 10 Nov 1888 309 Deadwyler Asa 26 Feb 1881 8 Apr 1881 224 Deadwyler Martin 23 Dec 1866 8 Oct 1867 412 Dean Thomas W. 9 Sep 1889 2 Jun 1890 205 Echols Joel 15 Feb 1864 10 Apr 1865 212 Evans David 17 Dec 1863 13 Apr 1866 218 Freeman David P. 31 Dec 1866 6 Sep 1872 283 Freeman James C. 14 May 1878 Oct 1878 402 Ginn Celia 24 apr 1888 8 Feb 1889 204 Griffith Oliver P. 19 Oct 1863 10 Feb 1865 228 Hancock Richardson 13 Jan 1869 10 Sep 1868 ? 215 Hardman Larkin G. 2 Apr 1866 19 Jan 1866 285 Henderson Mary Ann 4 Nov 1876 none 230 Henderson Robert 13 Jan 1868 6 Jul 1868 277 Hitchcock Ranford E. 20 Mar 1875 10 Oct 1878 259 Hix Nathaniel 9 Jun 1855 10 Dec 1874 242 Hopkins John 27 Apr 1868 none 378 Jenkins James 13 May 1882 2 May 1887 302 Lester John L. 23 Oct 1880 4 Nov 1880 311 Manry John 14 Aug 1879 4 Apr 1881 257 Meaders Jeptha 23 Feb 1864 4 Nov 1874 390 Mironey Rufus N. 6 May 1887 8 Sep 1887 381 Montgomery John N. 27 Mar 1885 12 Aug 1887 259 Moon Archelaues 6 Aug 1870 4 Nov 1874 336 Moon Wm T. 19 Dec 1881 5 Feb 1883 392 Moore Malinda 10 Sep 1886 6 Apr 1888 313 Morris Amanda E 26 Apr 1881 1 Aug 1881 255 Murray Nancy none 6 Sep 1873 340 Nash Gabriel 4 Feb 1883 5 Mar 1883 251 Patterson Henry 22 Feb 1870 10 Jan 1873 321 Patton Jacob P. 10 Feb 1882 4 Sep 1882 217 Pinson James 23 Dec 1857 25 Sep 1866 273 Power F. E. 21 Aug 1877 5 Oct 1877 211 Pruitt Robert W. 4 Nov 1865 15 Jan 1866 214 Russell George N. 27 Jul 1864 19 Jun 1866 399 Sailors James M. 3 Sep 1887 13 Jan 1889 234 Sailors William 22 Aug 1868 3 Dec 1868 408 Sanders Cynthia 3 Sep 1889 5 May 1890 304 Scarborough Lewis 13 May 1877 none 346 Scott John 24 Oct 1881 none 275 Simmons Bennett 24 Sep 1863 8 May 1878 219 Simons John 15 Dec 1866 12 Jan 1867 348 Simson Susan W. 24 Jan 1884 5 Dec 1884 405 Sims Bida 15 Jan 1873 10 Oct 1889 292 Sims Bennett 26 Dec 1878 10 Jun 1880 253 Smith Aaron 31 Mar 1873 8 May 1873 354 Smith William M. 22 Apr 1884 6 Oct 1884 394 Sorrells Charles L. 24 Aug 1884 10 Nov 1888 Trible Spillsby 9 Aug 1860 18 Jul 1868 287 Ware Cato 25 Feb 1871 none 344 Webster William 18 Jul 1882 5 Mar 1883 270 White Henry P. 16 Nov 1876 10 Feb 1877 368 Wiley Hugh H. 10 Jun 1876 8 Jul 1876 244 Williams Birdy 17 Dec 1870 7 Jan 1872 288 Williams Elijah 5 Feb 1872 Jun 1880 163 Williams Robert 2 Oct 1873 5 Nov 1875 376 Williams Robert 13 Mar 1884 2 May 1887 306 Wilson Boley 23 Mar 1880 Mar 1881 239 Windham Chapman May 186- 10 Feb 1870 246 Winfrey Peter B. 3 Mar 1870 10 May 1872 209 Wood Eli 17 Sep 1865 9 Dec 1865 266 Wood Mary 27 Mar 1876 14 Jun 1876 Page 204 Oliver P. Griffith 19 Oct 1863 Fulton County, Georgia I, Oliver P. Griffith of the county of Madison… all my property to my wife and children, the property to be kept together and managed by my wife for the common benefit of herself and my children, and when any child marries or comes of age, such child is to receive an equal share of the property. In the event of my wife’s marrying again, there shall be an immediate division of the property between her and such of my children as shall not have received their shares, and my wife’s share shall be hers during her natural life and at her death to be equally divided between my children. If she does not marry, her share of my property is to be hers absolutely. Executrix: My wife Margarett Griffeth. Signed: Oliver P. Griffith. Witness: Wm. Scott, Charles S. Sorrells, Jas. W. Daniel. Rec’d 10 Feb 1865. Page 205 Joel Echols 15 Feb 1864 To my wife Martha H. Echols, the tract of land on which I now live with all the stock of all kinds and household furniture of all description for and during her natural life. My daughter to have what articles of wearing apparel and bed, bedding and such things as she now claims, now in my possession. At the death of my wife, what property is left be sold and divided equally, giving to my daughter Elizabeth C. Echols one half and the other to be equally divided between my four grandchildren, James R., John C., William J. and Martha C. Echols, children of my deceased son Seaborn F. Eckles. Executors: My wife Martha H. Echols and my worthy friend Robert K. Caruth. Signed: Joel Echols. Witness: W. N. McCurdy, G. N. Bond, J. M. Skinner. Rec’d 10 Apr 1865. Page 207 John R. Beard 30 Aug 1862 Being yet young but having to go to the war that now exists between the Southern Confederacy and the Federal Government… declare this my last will and testament. After my death my wife Sarah E. and the child that she is now bearing, not yet born, provided it should be born alive, shall have all the land I now own jointly until said child becomes of age or marries. In the event my wife should marry before said child should marry of become of age, in that event my wife shall not have any interest in the land but to have $100 of my personal estate. But in the event she does not marry, she is to have one half of all my estate. In the event said child not be born alive, my wife shall have one half of my estate and the other half to be equally divided between my brother William W. Beard and my four sisters, Prudence Deen, Catherine Powell, Amanda Sartain and Martha A. Sartain. Executor: my father Samuel F. Beard. Signed: John R. Beard. Witness: Martha Nash, Mary Nash, Gabriel Nash. Rec’d 9 Dec 1865. Page 209 Eli Wood 17 Sept 1865 To my wife Mary Wood, my land whereon I now live containing about 150 acres during her natural life or widowhood. At the death or marriage of my wife, my two youngest daughters, Mary and Indianna Wood, to have all my land. I also give my wife one cow & calf. To my daughter Mary Wood, one grey mare and cow & calf. To my daughter Indianna Wood, one bay mare and one cow & calf. To my said two daughters, Mary and Indianna Wood, my yoke of oxen and my flock of sheep. To my son John N. Wood, all of my Carpenter’s tools. The remainder of my property (except my household) to my daughters Mary and Indianna, the household to be divided among my family. My desire is that my executors not be required to make inventory and return on my estate. Executrix: my wife Mary Wood. Signed: Eli (x) Wood. Witness: R. M. Mirony, J. L. Bond, Joel T. Miller. Rec’d 9 Dec 1865. Page 211 Robert W. Pruitt 4 Nov 1865 I have no children now in life, but have one grandchild, Robert Pruitt Blackwell, the son of my deceased daughter Zibiah, former wife of Thomas P. Blackwell. I therefore give and bequeath to my grandson Robert Pruitt Blackwell all my estate both real and personal in this state or elsewhere to take effect at my death. In the event my said grandchild dies before he arrives at 21 year of age, and without any lawful children, then George Washington Pruitt, son of my nephew Joseph Jackson Pruitt, to have all my estate. Executors: My friends John N. Montgomery and Rufus M. Mironey. Signed: R. W. Pruitt. Witness: W. P. Alexander, Wm. Montgomery. Rec’d 15 Jan 1866 Page 212 David Evans 17 Dec 1863 To my son Henry T. Evans, the tract of land on which I now live containing 184 acres (provided he shall give me and my wife Polly Evans a home and comfortable support as long as we or either of us do live). To my wife Polly Evans, for the love and affection I have for her, all my household & kitchen furniture including beds & bed clothing, cooking utensils, etc. I also give to my son Henry T. Evans all my farming utensils, all my stock of cattle and hogs. My daughter-in-law Susan Evans to have the use of the house she now lives in together with 5 acres of land around said house as long as she may wish. My son William S. Evans to have the privilege of getting firewood of my said tract of land as long as he may need it. Executor: My son Henry T. Evans. Witness: William R. Russel, Stephen C. Groves, Robert Henderson, J.P. Rec’d 13 Apr 1866. Page 214 George N. Russell 27 Jul 1864 To my brother Robert S. Russel and my five sisters, Margaret E. Russel, Mary Ann Russel, Nancy Hannah Russel, Sarah S. Russel and Elizabeth T. Russel, all my estate to be equally divided among them. Executor: George Russel. Signed: George N. Russel. Witness: George N. Russel, Martin Nash, Stephen Bond. Rec’d 19 Jun 1866. Page 215 Larkin G. Hardman 2 Apr 1866 To my beloved wife Martha with whom I have lived for thirty years, all of my estate both real and personal. At her death, all of my children to have a good horse a piece or the worth of a horse in something else (viz) George Lumpkin, Samuel Lumpkin, Louisa Jane, Joseph Henry, Lucy Ann and Pope Hardman. Those six children has never had no horse and I desire that these six children above named have a horse a piece, and I desire that Martha Ann Hardman, my granddaughter, have an equal share with the balance of my own children. All my children to have an equal share if there be any more left I desire it be sold and equally divided among all of my children and my granddaughter also, viz, Martha Ann, my son Hilkiah T. Hardman’s daughter. Executors: my wife Martha and my son Hilkiah T. Hardman. Signed: Larkin G. Hardaman. Witness: Alfred Segraves, Z. J. Hardaman, William Sailors, Mary A. Segraves. Rec’d 19 Jun 1866. Page 217 James Pinson 23 Dec 1857 My beloved wife Edney shall have all of my estate both real and personal during her natural life or widowhood; in the event she should marry, my estate to be equally divided among my wife Edney Pinson and eight children, to wit, Jesey Pinson, Mary Tuck, formerly Mary Pinson, William Pinson, Robert Pinson, Jane Pinson, Sarah Pinson, Susan Pinson and Elizabeth Pinson. I have given off to my four oldest children, to wit, Jessey Pinson, Mary Tuck, William Pinson and Robert Pinson, property to the amount of $80 a piece, and I wish my wife to give off to my other four children, to wit, Jane Pinson, Sarah Pinson, Susan Pinson and Elizabeth Pinson an equal amount of property as they marry or become of age. At my wife’s death, my estate to be equally divided among my children, taking into consideration what each one has had. Executors: my wife Edney Pinson and my son William Pinson. Signed: James Pinson. Witness: Josiah Cheatham, Jr., Charley B. Sims, John I. Cheatham. Rec’d 25 Sept 1866. Page 219 John Simmons 15 Dec 1866 My estate to remain in the hands of my beloved wife Milley W. Simmons during her natural life. My two single daughters, to wit, Sidney C. Simmons and Milley J. Simmons, to be made equal with my other daughters who are married off when they marry or at the death of my wife. At the death of my wife, all my estate should be divided equally between my 4 children, to wit, Sidney C. Simmons, Mary R. Brown, Sarah E. Dudley and Milley J. Simmons. Executor: Isaac V. Moore. Signed: John (x) Simmons. Witness: James G. Eberhart, Joseph A. Gloer, Daniel Wynn, J. P. Rec’d 12 Jan 1867. Page 220 Ebenezer S. Crawford 12 Nov 1866 I desire that J. B. Crawford have entire control as executor of my estate. The household and kitchen furniture to be reserved for the use of the family, also one buggy & mare, cow & calf, one sow and as many stock hogs as my executor may think best, it being my desire that my executor sell the place whereon I now live and buy another place at such time as he may think best, and if my wife should marry again, the whole of my estate both real and personal to be sold and equally divided between my wife and my three children, viz, Thomas B. Crawford, Mary E. Crawford, Ebenezer S. Crawford. Also my son John B. Crawford to have five dollars in cash and my wife Nancy Ann Crawford have our bed quilts and one work box extra of all other things. Executor: J. B. Crawford. Signed: Ebenezer S. Crawford. Witness: Z. F. Stephens, M. C. Crawford, P. R. Bell. Rec’d 12 Jan 1867 Page 222 Mary Bridges 27 Nov 1850 Having no legal bodily heirs, I will and bequeath unto Ora Akins, a young lady that I raised from her infancy, all my estate both real and personal (to wit), all my stock of horses, hogs, sheep and cattle, all my ready money and notes and other papers of value, all my household and kitchen furniture and farming tools of every description, oxen and cart, also my Negro man Claiborn and every other thing of value. But it being my will that said Negro Claiborn, as he has been a good and faithful servant, shall be well treated and taken care of. Executrix: Ora Akins. Signed: Mary (x) Bridges. Witness: James Cunningham, Ranford E. Hitchcock, Bennet Sims. Rec’d: 4 Jun 1867. Page 224 Martin Deadwyler 23 Dec 1866 My will is at & after my death, my remains be buried as near the grave of my son Martin V. as is convenient & both my grave and my son Martin V.’s grave be closed with a stone foundation with suitable palings. To my wife Lucy, the land & dwelling I now live on, including all my land except the tract that John R. Stovall lives on containing 180 acres; the Caruth tract 380 acres, all the land on the south side of the South river, the tract adjoining G. Nash and John Bray 187 acres, during the life of my said wife Lucy and at her death the land I will her be sold and divided as hereinafter directed. Also to my wife Lucy my horse, saddle & bridle, buggy & harness, four cows & calves of her choice, all the stock hogs, two beds, beadsteads & furniture of her choice, twelve sitting chairs, three tables, 3 chests, one spinning wheel, one loom, one bureau, one sideboard, one half of the cooking utensils, one half of the farming tools, one half of the crockery ware, one year’s provision; all this, except the land, my wife shall have to do as she pleases with. My daughter Letty E. Payne to have two cows & calves and $50 worth of provision above, an equal share. At my death, my executors to sell the tract of land on which John R. Stovall lives containing 180 acres, the Caruth tract containing 380 acres, all my land on the south side of the south river, the tract adjoining G. Nash & John Bray, and all my other property not willed to my wife and daughter Letty, the proceeds of the sale to be equally divided between my children (to wit) My daughter Susan M. Webb, my daughter Ann B. Webb, my son Joseph P., my son Philip W., my son Milton P. Deadwyler, my daughter Rebecca S. Marks, my son Valentine H. Deadwyler, my daughter Letty E. Payne, my granddaughter Lucy H. Willhite, and my granddaughter Sarah R. Willhite. The property willed to my daughter Letty E. Payne shall be given to my son Valentine H. Deadwyler in trust for my said daughter Letty E. Payne, free from the control of her present husband Frances Payne. Executors: my sons Joseph P. and Valentine H. Deadwyler. Signed: Martin (x) Deadwyler. W itness: H. T. Sanders, J. R. Stovall, William (x) Carrington, Gabriel Nash. Rec’d 8 Oct 1867. Page 228 Richardson Hancock 29 Oct 1869 All my property to my beloved wife, except as hereinafter provided. At the death of my wife Ella R. Hancock, all my property to go to my child or children by my present wife Ella R. Hancock. In the event of my child or children dying before the death of my wife, all my property to be equally divided between all of my brother’s children at the death of my wife. To my son John W. Hancock three cover lids as he may select or quilts and one folding table. Executors: my wife Ella R. Hancock and my friend Augustus C. Neal. Signed: Richardson Hancock. Witness: H. T. Sanders, Robt. Yerby, G. C. Daniel, J. M. Skinner. Rec’d 10 Sept 1868. Page 230 Robert Henderson 13 Jun 1868 To my beloved wife Mary Ann Henderson one half of the tract of land on which I now live containing 220 acres and adjoining Paoli, one half of my house and lot in Paoli containing 1 ½ acres, one half of all my personal estate (except as hereinafter excepted), including one half of my stock, household & kitchen furniture, plantation tools, waggons, carriage, money, notes & accounts debts, except one note of hand given by James S. Cunningham for $200 dated Apr 28, 1868 and due on demand, which said note I give to my daughter Elizabeth Cunningham, also one note of hand given by James Richardson payable to Robert Henderson for $200 dated January 1868 due on demand, which I give to my son James Eliab Henderson, also one note of hand given by Neal Johnson and William Bowers (security) for $100 with a credit March 20, 1861 for $20 dated Jan 27, 1859 and due one day after date, which note I give to my daughter Martha Duncan (provided said note is not collected before), if it is collected, then that much money instead of the note. The other half of my estate I give to my son William Marion Henderson (that is to say) to my wife Mary Ann and my son William Marion Henderson I give all of my estate during their natural lives. At the death of my wife, one half of what she may have be equally divided between my oldest children, Elizabeth Cunningham, James Eliab Henderson, and Martha Duncan, the other half to be disposed of as she desires. So also of what my son William Marion receives of my estate and has at the time of his death, I desire it be divided as aforesaid, that is, one half to be equally divided between my three oldest children, and the other half to be disposed of as he desires. Executors: My wife, and my son William Marion Henderson. Signed: Robert Henderson. Witness: John McCurdy, Willis J. Dudley, James A. Pearce. Rec’d 6 Jul 1868 Page 234 William Sailors 22 Aug 1868 To my beloved wife Elizabeth B. Sailors all my effects both real and personal, except one bed & bedstead and chest, one sheet, one counterpane and three quilts. To my daughter Minerva Sailors one bed & bedstead one sheet and one counterpane and three quilts and one bedskirt and one chest. At the death of my wife, my land to be sold and equally divided among my seven children, viz, James M. Sailors, William J. Sailors, David F. Sailors, Margaret - now Margaret Wright, Minerva Elizabeth Sailors now Elizabeth Williams, Rachel Ann Sailors now Rachel Ann Floyd, Crawford Sailors. Executrix: my wife Elizabeth B. Sailors. Signed: William (x) Sailors. Witness: Alfred Segraves, Mary A. Segraves, J. G. Segraves, P. C. Williams. Rec’d 3 Dec 1868 Spillsby Trible 9 Aug 1860 All my estate both real and personal to be sold, except my household & kitchen furniture, two cows and calves. To my daughter Alavine A. Trible one featherbed & furniture, one cow & calf whenever she may marry but not until then, and the money raised from the sale of my estate to be loaned out yearly and disposed of in the follow manner: to my wife Martha Tible the yearly interest of the money raised from the above named property during her natural life or widowhood. If she marries, she shall have one featherbed and furniture, one cow & calf only for part of my estate. To my daughter Alavine A. Trible $5 in money after my death. To my daughter Alavine, the interest of the money raised from the sale of my estate yearly during her natural life only and then I will and bequeath both principal and interest of my estate to James Cicero Trible, her son now about seven years old but unnamed as yet only by me, and her lawful heirs if she should have any of her own body. Executor: James S. Tribble. Signed: Spillsby Tribble. Witness: Jeptha B. Meadors, Sherman J. Sims, R. H. Bullock. Rec’d: 18 Jul 1868 Page 239 Chapman Windham May 186- To my stepdaughter Elizabeth Mercer my land, a part of the tract whereon she now lives, 25 acres, to do as she pleases with. To my daughter Aisly Carter my bed and bedstead, bed clothing, and two pots, wash pot and dinner fork. To Mary Elizabeth Mercer one speckled cow and calf. Executrix: my stepdaughter Elizabeth Mercer. Signed: Chapman (x) Windham. Witness: James H. Bullock, William Kirk, Alisha (x) Herring. Rec’d 10 Feb 1870 Page 239 Peter David 23 Aug 1867 To my son John M. David, one third of a tract of land known as the Moon tract, also an equal distributive share of my estate after certain grandchildren have been paid off. To my daughter Sarah Ann Eades, an equal distributive share of my estate after certain grandchildren have been paid off. To the children of my son William W. David, deceased, an equal distributive share of my estate after certain grandchildren receive the specified amount hereinafter bequeathed to them. To the children of my daughter Rachael C. Vaughn, deceased, an equal share of my estate after certain grandchildren have been paid off. To the children of my daughter Mary W. Meadows, deceased, an equal distributive share of my estate extra to what I have heretofore given Mary J. Matthews and Elizabeth Meadows, my grandchildren, after the hereinafter specified amounts have been received by my grandchildren. To the children of my daughter Elizabeth E. Vaughn, an equal distributive share of my estate. To the children of my son James M. David, $100 in gold when he becomes of age, to be taken out of my estate before an equal division takes place. To the children of my son Henry H. David, viz, Henry C. David be paid $5, Georgia Ann V. Power $5, John M. David $50, and Mary E. Hendon $50, to be paid out of my estate before an equal division takes place. Executors: my son John M. David and Rainy Eades. Signed: Peter (x) David. Witness: Ambrose Witcher, W. H. Jarrell, Gabriel Watson, W. W. Everett. Rec’d 8 Jul 1870. Page 242 John Hopkins 27 Apr 1868 It is my will that after my death… a marble monument be erected over my grave and enclosed with good and substantial iron railing. To my sister Martha White, the whole of my estate both real and personal including everything I own and possess, this will to take place immediately after my death. Executrix: my sister Martha White. Signed: John (x) Hopkins. Witness: Robert P. Griffith, Benet Simmons, R. M. Mironey, Moraset(?) David. No recording date. Page 244 Birdy Williams 17 Dec 1870 To my beloved wife Nancy with whom I have lived for 62 years, the lot of land whereon we now reside containing 250 acres, all the stock belonging on said plantation, all the household and kitchen furniture during her natural life or widowhood, and after her death or intermarriage I want all my estate both real and personal sold and an equal division made with the heirs of my body. To my daughter Anna J. Baxter, a cow by the name of Sleet and a featherbed, pillows and bolster such as my beloved wife shall point out. Executor: my son James C. Williams. Signed: Birdy (x) Williams. Witness: Henry Smith, William A. Tolbert. Rec’d 7 Jan 1872 Page 246 Peter B. Winfrey 3 Mar 1870 To my beloved wife Milly, all my property both real and personal for her own proper use and benefit during her natural lifetime or widowhood. At her death or marriage I want all my property sold and divided among my children hereinafter named, and if Milly marries, she to draw a child’s part, same as my children, to wit, John R. Winfrey, George W. Winfrey, Martha E. Cunningham, Mary F. Patterson, Judith H. Kirk, Nicy A. Wade. Executors: my two sons John R. Winfrey and George W. Winfrey, and my son in law James W. Kirk. Signed: Peter B. Winfrey. Witness: John C. Kirk, Wm. L. Kirk, John F. Kirk. Rec’d 10 May 1872. Page 248 David P. Freeman 31 Dec 1866 During the widowhood of my wife, Elizabeth Freeman, I direct that my family and the bulk of my property be kept together for the maintenance and education of the children until my youngest child becomes 21. I have given to my son Walton Freeman one horse, bridle and saddle, one cow & calf, one sow & pigs, one bed & bedding, one colt, one plowstock, one plow and plow gear, and one year’s provision, and I direct that each of my children, as they become 21 or marry, receive from my estate an equal portion with my son Walton Freeman. If my wife marries again or my youngest child becomes 21 years old, my estate both real and personal be sold and the proceeds be equally divided between all of my children and my wife Elizabeth Freeman. The provision made above for my wife is intended to be in lieu of all dower, but if she should continue for her right of dower, then she to receive only her dower, one bed, bedstead and bedding, one cow & calf, one sow & pigs, and one year’s provision for herself alone. If my wife should marry before my youngest child becomes 21, my executors to use their discretion as to whether to sell out and ---- up my estate, or keep my minor children and my property together for the support of the family until all my children have been reared and educated. But if circumstances permit, I would prefer the latter. If my wife should wish to keep her children by her former husband with her, I wish her to have the liberty to do so provided their board be paid and that they do not mistreat or abuse any of my children, but if they should abuse any of my children, then I direct that they be removed out of the family forthwith. If my family should wish to move to a new county before my youngest child is 21 years old, my executors may sell out my property and invest the proceeds in land or other property for the good of the family. Executors: my pastor Rev. Groves H. Cartledge, and my son Zachary Taylor Freeman. Signed: David P. Freeman. Witness: W. P. Alexander, Francis Sewell, E. P. David, Samuel M. White. Rec’d 6 Sept 1872 Page 251 Henry Patterson 22 Feb 1870 To my beloved wife Elizabeth all that I possess to have and use for her maintenance and to dispose of as she pleases, free from the control of any person or persons whatever except herself. Executors: my two sons William H. Patterson and John R. Patterson. Signed: Henry (x) Patterson. Witness: John F. Kirk, John C. Kirk, Jas. W. Kirk. Rec’d 10 Jan 1873 Page 253 Aaron Smith 31 Mar 1873 To my beloved wife during her natural life, all my entire estate both real and personal, lands and tenements, stock of all kinds, household and kitchen furniture for her own proper use and benefit so long as she may live. At the death of my beloved wife, whatever is left of my estate be divided between my daughter Celia Ginn, formerly Celia Smith, and Louisa J. Duncan, formerly Louisa J. Smith, and my three grandchildren, to wit, Henry S. McDuff, Narcissa J. Strickland [Strickland crossed out] formerly Narcissa J. Strickland [Strickland crossed out] McDuff, and Mary E. Scarborough, formerly Mary E. McDuff. My two daughters to draw equal shares, and my above named grandchildren to have one share equally divided between them. Executors: my beloved wife Lucy, and my worthy son in law Moses H. Duncan. Signed: Aaron (x) Smith. Witness: Frederick B. Scarborough, John T. Smith, Charles T. Berryman, Nathan Williams. Rec’d 8 May 1873 Page 255 Nancy Murray [not dated] My desire and request is that Mary F., Melita A, and Ally A. M. Murray remain here on the place now owned by me so long as they see proper to do so and if they or any one of them should see fit and proper to leave, the balance things must remain just as it now is. If any one of the three above named persons, my daughters, choose to remain on the place, they are to have the privilege of so doing and have as much land as they are able to cultivate, and the remainder to be rented out and the proceeds to be equally divided among the lawful heirs of my body. And after the marriage of my three above named daughters, or they should think proper to break up and leave the place, I want all of my estate equally divided among the heirs of my body. Executors: my beloved sons, James M. and Stephen T. Murray. Executors to be trustee of my daughter Sarah C. Gunnells, her share free from the control of her husband. Signed: Nancy Murray. Witness: Henry Smith, Jas. S. Trible, Jas. H. Bullock. Rec’d 6 Sept 1873 Page 257 Jeptha R. Meaders 23 Feb 1864 My beloved wife Nancy Meaders to have all my estate, both real and personal, for her natural life or widowhood for her own use & support and to support and raise and educate my children. In the event she should marry again, or at her death, my estate to be equally divided between my wife and my seven children. The Methodist Church at Diamond Hill to have the boundary of land laid off by me out of my tract of land, as long as the place is used as a place of worship, but when said place shall cease to be used as a place of worship by said Methodist Church, then the land to revert back to my estate. I am justly indebted and owe to my two [sons] Samuel C. and William P. Meaders, $53 each, to be paid out of my estate over and above a distributive share. My wife Nancy to have full power to sell any surplus of my estate at any time. Executrix: my wife Nancy Meaders. Signed: Jeptha R. Meaders. Witness: F. W. Smith, Leonard (x) Hardman, Mary (x) B. Smith. Rec’d 4 Nov 1874 Page 259 Archelaus P. Moon 6 Aug 1870 To my beloved wife Nancy L. Moon all my house and lands lying in this county containing 321 acres, also all my stray lands, stock of all kinds, household & kitchen furniture, without limitation or reserve. If my wife have heir or heirs by me, then it or they come in and share equal with my wife. Executrix: my wife Nancy L. Moon. Signed: A. P. Moon. Witness: George Eberhart, Robert Woods, George Eberhart, Jr., Oliver Threlkeld. Rec’d 4 Nov 1874 Page 261 Nathaniel Hix 9 Jun 1855 My wife Joanna Hix to have and hold all of my property as she shall make choice of for the use of herself and my children as remain with her during her life or widowhood. In case she should marry, then all the property remaining to be equally divided among them, my wife receiving an equal portion with each of my children. In case she never marries, at her death I wish all equally divided among my children. If any of them should die leaving a child or children, that child or children to inherit the portion of its or their deceased father or mother. I wish my four youngest children each to have a horse, saddle and bridle worth $61 and my daughter Mary to have a saddle worth $10, and each of my children who have not had of me a cow & calf, bed, bedstead & clothing for one bed, to make them equal with such as have already had those things. If William Williams remains with my wife until he is 21 years of age or till she shall marry or die, I wish him to have a horse, saddle & bridle worth $61 and $10 in money. Executors: my wife Joanna Hix, and my youngest son Absolem Cristly Hix. Signed: Nathaniel Hix. Witness: Robert (x) Williams, Sr., Dudly J. Chandler, David W. Pattman. Rec’d 10 Dec 1874 Page 263 Robert Williams 2 Oct 1873 To my daughter Nancy Harris 300 acres of land as run by William J. Pittman on the 4th of February last. To my grandson Birdy J. Williams, 100 acres of land where I now live, as laid off to him on the 4th February last by William J. Pittman. To my four grandchildren, the children of my son Robert Williams, deceased, a certain tract of land containing 198 ¼ acres that was granted to me 24 Feb 1853. To my beloved wife Nancy Williams all the remainder of my land I live upon except 100 acres as hereafter described, also all personal property, to do and dispose of at her death as she may see proper. The land willed to my four grandchildren, to wit, Nancy Ann, Margaret, Robert and Elinder Williams to be kept by my executors until the youngest becomes of age or marries, then the land to be sold and the proceeds divided equally between them. At my death, the one hundred acres excepted in item 4 be sold and the proceeds shall pay the debt and personal expenses, and if any is left over, to be equally divided among my children, that is, my four children now living. Executors: my sons Sanders, William and Perry O. Williams, and my son in law Hindly Harris. Signed: Robert (x) Williams. Witness: David (x) P. Bradly, Gabriel Nash, Wellborn S. Williams. Rec’d 5 Nov 1875 Page 266 Mary Wood 27 Mar 1876 To my daughter Sarah F. Porterfield, $75. The remainder of my property both real and personal I give and bequeath to my two minor sons, William S. Wood and George C. Wood in fee simple to be equally divided between them. Executor: my friend Richard B. Gholston. Signed: Mary Wood. Witness: John N. Moore, James L. Dudley, H--- D. Pullen, James P. Hall, J. P. Rec’d 14 Jun 1876 Page 268 Hugh H. Wiley 10 Jun 1876 We, James S. Dudley, John F. Barnett, and Josiah Drake were present at the residence of Hugh H. Wiley of said county on the tenth day of June in the year of our Lord Eighteen Hundred and Seventy Six before the death of the said Hugh H. Wiley. He, the said Hugh H. Wiley, was taken sick some time previous to that time. The said Hugh H. Wiley called upon us to take notice of what he was about to say and the disposition he was about to make of his property. He, the said Hugh H. Wiley, then said to us that he gave to Willis J. Dudley all of his property consisting of land and personal property to be his after the said Hugh H. Wiley’s death. The said Hugh H. Wiley then said he appointed the said Willis J. Dudley as the person to attend to and carry out his will after his death. The said Hugh H. Wiley continued to languish in his said last sickness from the said tenth day of June Eighteen Hundred and Seventy Six until the nineteenth day of June Eighteen Hundred and Seventy Six when he at his residence in said county died. Signed: James S. (x) Dudley, John F. Barnett, Josiah (x) Drake. Rec’d 8 Jul 1876 Page 270 Henry P. White 16 Nov 1876 My wife Mary White shall have all of my estate both real and personal that I now possess or that may be coming to me by will or otherwise, during her natural life or widowhood, except as hereinafter directed. In the event my wife should marry, all my property (except my bedstead and bed furniture generally which is to be reserved for the purpose of making the children which yet are with me equal to those who have left me) be sold. Each child yet remaining with me, as they come of age or leave, shall have property as near equal in value as possible as those who have left me. My son Stephen B. White to have $400 worth of land or it’s equivalent in money or other property. Each of my daughters are to have all the quilts or other bed furniture of their own make, independent of what they receive out of my estate, also any other property they may purchase by their own labor or the proceeds of their own labor. In the event my wife should marry, she is to have an equal share with my children. If my wife does not marry, at her death my children to be made equal, then the remainder of my estate to be equally divided among all of my children. Executors: my beloved wife Mary White, my son Henry W. White and my son in law James E. Sanders. Signed: Henry P. White. Witness: R. M. Mironey, Elba Collins, James L. Patton. Rec’d 10 Feb 1877 Page 273 F. E. Power 21 Aug 1877 My just debts to be paid in a way to secure a home for my beloved wife and children. All my estate both real and personal to remain in the hands of my beloved wife Elizabeth P. Power during her life or widowhood, that is the remainder after my just debts have been paid. My four single children, to wit, Mary J. Power, James B. Power, Sarah C. Power, Francis E. Power, to be made equal with my other children who are married off whenever they marry off or at the death of my wife. At the death of my wife (or marriage) all my estate should be equally divided between my beloved wife Elizabeth Power, if she should marry, and my seven children, to wit, Mary J. Power, Martha H. Vaughan, Wm. W. Power, Elizabeth F. Power, James B. Power, Sarah C. Power, and Francis E. Power. Executor: Isaac V. Moore. Signed: F. E. Power. Witness: J. B. Power, J. T. Sims, I. V. Moore. Rec’d 5 Oct 1877 Page 275 Bennett Simmons 24 Sept 1863 My beloved wife Bethany Simmons to have at my death my entire estate both real and personal during her natural life or widowhood. Should my wife marry again, she to have a child’s part of my estate. As my children marry or become of age, my wife to give off to them such property as she may think she can spare, at valuation, the child receiving the property to choose one disinterested man and my executrix to choose another, and those two men to choose another to value said property. My wife to have full and general power to sell any portion of my estate that she may think necessary for the support and education of my children. At the death of my wife, all my estate to be equally divided among my children. If my wife should marry, then after her share is taken out, the remainder of my estate to be equally divided among my children. Executrix: my wife Bethany Simmons. Signed: Bennett Simmons. Witness: Richard B. Gholston, Robert P. Griffith, Walton H. Griffith. Rec’d 8 May 1878 Page 277 Ranford E. Hitchcock 20 Mar 1878 To my beloved wife Martha Hitchcock, the place or tract of land whereon I now live. Except what I may dispose of hereafter in this will, I also give my wife all or so much of my stock of all kinds & household and kitchen furniture that she may choose. All of said property I give my wife during her natural life. To my grandson Walter C. Hitchcock, 100 acres of land known as the White Hall place. It is also my will that my said grandson be raised, clothed and schooled with a good English education out of my estate. Also, upon his arriving at age, a good horse, bridle and saddle, one bed, bedstead & furniture. To my daughter Emma R. A. Carithers, 100 acres of land adjoining the tract given my grandson Walter C. Hitchcock. To my daughter Georgia A. Griffith, 102 ½ acres adjoining lands given to my grandson E. H. R. Carithers. The property I give to my daughters to go to them and the heirs of their body, free from the debts or liabilities of their present or future husbands. The property I have heretofore given off to any of my children, they shall not be required to account on final distribution of my estate. The heirs of my son John W. Hitchcock should have no further share in my estate, as I have given him and paid off for him debts more than a distributive share of my estate. The property I give in this will to my daughter Martha Jane Thornton I give to her and her heirs, free from the control of her present or any future husband. My grandson Walter C. to have one share with my children of the remainder of my estate after the death of my wife. At the death of my wife, the home place to be run off into lots and divided between my heirs, also the household and kitchen furniture. To Sarah Martin, formerly S. E. Hitchcock, the sum of $50, also to Robert R. Hitchcock, the sum of $50, both children of my son John W. Hitchcock. At the death of my wife, all my real estate and personal property be sold and equally divided between my children as named below, to wit, Melita C. Glenn, the heirs of my daughter Julia A. Griffith, deceased, my son W. C. Hitchcock, the heirs of my son Murray S. Hitchcock, my daughter Sarah E. Glenn, my daughter Elizabeth Carithers, my daughter Martha J. P. Thornton, my daughter Emma A. R. Carithers, my daughter Georgia A. Griffith, my son Charles E. R. Hitchcock, and my grandson Walter C. Hitchcock. The property I have given my daughter Emma A. R. Carithers to be equally divided between Walter C. Hitchcock, and other heir or heirs she may have, after her death. Executors: My wife Martha Hitchcock and my sons W. C. and C. R. E. Hitchcock, and my son in law O. P. Griffith. Signed: Ranford E. Hitchcock. G. Daniel, J. A. Greene, J. M. Skinner. Rec’d 10 Oct 1878. Page 281 James Bradley [No date] To my beloved wife Anne all my estate both real and personal during her natural life, to keep and not dispose of by selling to others, etc. At the death of my wife, or at my death, should I survive her, my two daughters Frances Anne and Sarah E., and my grandson Marion I., the son of my daughter Sarah E. Hall, have forever all of my estate to be equally divided between them, because they have stayed with me in my old age and comforted and waited on me, with this exception: at my death I give to my said grandson Marion I. my set of carpenters tools, except the cross cut saw, and at the death of my beloved wife Anne, my daughter is to have a good feather bed and furniture, I mean my married daughter Nancy E. Seagraves, the blue pine chest, the red pine foress(?) that I now possess. Having given my sons John Walton and William Monroe, and my daughter Nancy Seagraves, when they left, one such outfit as I was able, that is to say, I gave John Walton, my son, a horse and saddle worth $90, I think, I cow & calf, bed & furniture, oxen, hogs, etc. Also, when my son William Monroe left, I gave him a horse & saddle, more valuable than the one I gave John Walton, also a bed & furniture, cow & calf, hogs, etc. Also when my daughter Nancy Seagraves left, I gave her a young mare worth I think $50, a cow & calf, a bed & furniture, hogs, etc. Consequently, I now give them, my sons or their heirs and my daughter Nancy Seagraves, nothing more except what I give Nancy Seagraves in the fourth item of this will. Executor: my friend and neighbor James A. Crawford. Signed: James Bradley. Witness: Gabriel Nash, John Brooks, W. W. Brooks. Rec’d 17 Oct 1878 Page 283 James C. Freeman 14 May 1878 I have bargained and sold to James Y. Door 50 acres of land, a portion of the place I now live on, and it is my will that my executors make said Door a deed to said 50 acres whenever Door finishes paying for the same. My brother Matthew S. Freeman and his wife Lulia to have 50 acres of unimproved land for and during their natural lives, provided they will come and live on same and be paying the tax on the same for the time, but he is not to sell or to rent or dispose of the same, and at their death, said 50 acres of land to revert to my estate. In the event my said brother declines to come and remain on said land, it also reverts to my estate. And in case my brother should come on said land and then abandon it, it likewise reverts to my estate. In case my brother dies before his wife Lulia, she is allowed to remain on the same during her life. To my wife Malissa E. Freeman and my three daughters (to wit) Laura E., Cornelia R., Kizziah I., all of the remainder of my land, 100 acres more or less, and all the balance of my property, and the 50 acres given to Matthew S. Freeman when it reverts to my estate. My wife to have full control of all the property. At her death, my property to be equally divided between my three daughters. Executors: my wife Malissa E. Freeman and my brother Matthew S. Freeman. Signed: James C. Freeman. Witness: J. J. Moore, J. Y. Door, R. M. Mironey. Rec’d October 1878 Page 285 Mary Ann Henderson 4 Nov 1876 I, Mary Ann Henderson of Paoli, Madison County… One half of my property and real estate to be disposed of according to the provisions made in the last will of my husband Robert Henderson, deceased. The other half I wish to be disposed of in the manner following; if my son William Marion Henderson survives me, it is my will that $200 be set apart for furnishing my husband’s grave and mine with suitable tombstones, provided this $200 is not necessary to supply the comforts of life to my son William Marion Henderson during his natural life. The remainder of this half of my property I give to my son William Marion Henderson to be used and disposed of as he may think proper during his natural life. This property consists of one half of a tract of land in Paoli, Madison County, one half of the dwelling on it with all the appurtenance, one half of all the stock hogs, cows, horses, etc, also one half of all the moneys, bonds & notes. Executor: my son William Marion Henderson. Signed: Mary Ann (x) Henderson. Witness: Thomas W. Long, Thomas A. Long, Young H. Daniel, all of Paoli. [No recording date] Page 287 Cato Ware 25 Feb 1871 I give my two grandsons, Charles Ware and Thomas Ware, all of my estate. Executor: my son in law, Tyson(?) Matthews. Signed: Cato (x) Ware. Witness: B. S. Ware, Tyrom (x) Matthews, Cato (x) Ware. [No recording date] Page 288 Elijah Williams 5 Feb 1872 I desire and request that my seven daughters, viz, Permelia Tolbert, Sally Landers, Nancy Lane, Elizabeth Cheatham, Anna C. Strickland, Martha A. Thomas, Mary A. Power, have $90 each to make them equal with my four sons, viz, William B., John Z., Britton S. and Birdy O. Williams. And also the sum of $25 each to all my daughters to make them equal to my four sons, as my four sons has had that advantage in the horses that I gave them. To my beloved wife Elizabeth, all that she brought here when she became my wife and one half of what she makes while she remains with me and $100 to be paid to her in ready money to dispose of as she pleases. The residue of my property to be sold and equally divided between the lawful heirs of my body. Executors: my beloved sons John Z. and Birdy O. Williams. Signed: Elijah Williams. Witness: J. W. Gunnells, Henry Smith, Gabriel Nash. Rec’d Jan 1880. Page 292 Bennett Sims 26 Dec 1878 To my wife Margaret A., all my tract of land I now live on, except as hereinafter named, during her natural life or widowhood. In case of her death or marriage, the right and tittle to rest in James H. Bullock in trust for my daughter Naomi B. Sims if she be living, or if she shall depart this life having no heirs of her body, then the said to revert back to my estate. Also to my wife, without reserve, my young mare Jinnett, one choice cow and calf, one sow & pigs, and pork hogs enough to make meat enough for one year, the featherbed and bed stead and two thirds of all the bedding clothes, one sideboard, one bureau, two chests, one set chairs, one set of plates, cups & saucers, knives & forks, dishes and all my cooking utensils. To my son William W. Sims, the tract of land he now lives on containing 200 acres, free frm any debts now existing against him or any that he may hereafter contract, and after his death to be divided between his children. Having done more for him than any of the rest of my children, I give him no other part or interest in my estate. To my son Charles M. Sims, 200 acres of land to be run off the upper end of my land by running a line from Kirk’s line to Colbert’s line, including the house and plantation whereon he now live. To my daughter Naomi B., $100 to educate her and $100 in lieu of a horse, to go into the hands of James H. Bullock as trustee, cow & calf and other articles the rest of my children have had, one featherbed and bedstead, and one third of all the bed clothes, and one chest and wardrobe. The balance of my property to my wife and children, to wit, Margaret A. Sims, James J. Sims, John M. Sims, Mildred B. Bullock, Charles M. Sims, Naomi B. Sims, to be equally divided. I appoint James H. Bullock as trustee for my daughter Naomi B. Sims. Executor: my son John M. Sims and James H. Bullock. Signed: Bennett Sims. Witness: W. J. Meaders, C. W. Morris, R. H. Bullock. Rec’d 10 Jun 1880. Page 295 Benjamin J. Brewer 23 Feb 1880 To my wife Martha Victoria, the tract of land on which I now live containing 184 acres with all the rights, members and appurtenances thereon belonging, also a tract of land in said county and the county of Heart containing 71 acres adjoining Dickerson, Tucker and others, during her natural life or widowhood, that she may be enabled to live and raise my little children and also her little daughter Fannie Rebecca, and at her death or marriage, the lands to be equally divided between my little children, Georgia Victoria, Benjamin I., Wiley Randle, Susanna, and Amanda Catherine. The tract of land on which I live to remain subject to a lease which I have given heretofore to my son Jacob L. on a part of the same. Also to my wife Martha Victoria, all my household and kitchen furniture, my farming and other tools, all of my cattle and hogs, my mare, and what money, notes and accounts I may die possessed of, and other personal property. The bequests made to my wife are in full of her dower. The bequests and gifts to my wife shall all be forfeited upon her marriage or a course of life which would be inconsistent with the welfare of my children, in which case the said property shall go immediately to the children above named as tenants in remainder of said lands provided, notwithstanding that if my wife should forfeit her claim as above provided, she shall be entitled to her dower, or a child’s part, except by marriage, in that event she shall not be entitled dower or a child’s part. To my son Jacob L. and my daughters Sarah Elizabeth and Nancy Mildred, $5 each. To Fannie Rebecca, one cow & calf, and featherbed & bedstead. Executors: my wife Martha Victoria Brewer and my son Jacob L. Brewer. Signed: Benjamin Brewer. Witness: A. C. Daniel, R. G. Chambers, W. F. Phillips, J. T. Smith. Rec’d 10 Jun 1880. Page 298 M. E. Cunningham 2 Apr 1880 I, M. Cunningham, wife of Benjamin F. Cunningham… give to my daughter Minta the featherbed my mother gave her. The remainder of my separate property to be valued at a fair valuation and that my husband Benjamin F. Cunningham hold the same until my youngest child becomes of age. I desire that there shall be an equal division of my property between all my children and husband, including my granddaughter Elizabeth Thomas, provided she remains as one of the family till that time. Executor: my husband Benjamin F. Cunningham. Signed: M. E. (x) Cunningham. Witness: Emma J. Moon, F. A. White, J. H. White. Rec’d 10 Jul 1880. Page 300 Samuel F. Beard 13 Mar 1873 To my wife during her natural life or widowhood, the plantation upon which I now live for her sole use and benefit, and at her death I will and bequeath said plantation to my daughter Cintha Ellen Beard. Such personal property as my executor cannot take care of to be sold and the proceeds equally divided amongst all my children. All of my household & kitchen furniture to my wife during her lifetime, and at her death to be sold and the proceeds equally divided amongst all my children. My horse & buggy I will to my wife during her life, and at her death to be sold and equally divided amongst all my children. Should my daughter Cintha Ellen die without leaving a living child, the plantation to be sold and the proceeds equally divided amongst all my children. Executrix: my wife. Signed: Samuel F. Beard. Witness: John M. Matthews, P. E. Matthews, Jas. M. Matthews. Rec’d 7 Sept 1880. Page 302 John L. Lester 23 Oct 1880 My son J. A. L. Lester shall have 50 acres of my land to be surveyed off so as to include the place whereon he now resides. My son Rufus E. Lester shall have 50 acres of land to be surveyed next to and adjoining the land surveyed off for L. A. J. Lester. It is also my will that Rufus E. Lester shall have my gray mule and a saddle worth $10. My daughter Mary J. Lester shall have 50 acres of land to be surveyed off adjoining the lands of Rufus E. Lester, said tract to be surveyed off square across the western end of my land. The balance of my land to be equally divided between my two youngest daughters, Cornelia and Susan Lester, after the payment of my doctor bill and burial expenses. My wife Sarah L. Lester shall have the use and control of all that part of my property bequeathed to Cornelia and Susan so long as she shall remain my widow. [No executor named] Signed: John (x) L. Lester. Witness: J. M. Cheatham, Joel B. Thompson, Jeremiah M. Sewell. Rec’d 4 Nov 1880. Page 304 Lewis Scarborough 13 May 1877 Indenture: Lewis Scarborough, to Frances M. Scarborough, his wife, for the sum of $5 cash in hand, and for the natural love and affection he has and bears to his dear wife, does by these presents give, grant and convey to her, at my death, 260 acres in the 59th District of Madison County, also my sorrel horse, and all the other stock, cows, hogs and sheep, farming tools and wagons and household and kitchen furniture and everything that pertains to my estate, together with all the singular rights, members and appurtenances, for her own proper use and benefit in fee simple during her natural life, and at her death to be equally divided between my heirs - Elizabeth O. Smith, Trecey A. Hall, Sarah J. Duncan, Mary A. Bowers, Caroline E. Strickland and my grandchildren, I bequeath to them the children of my son Allen W. Scarborough, to wit, Theodosia Scarborough, Duly Scarborough, Allen F. Scarborough, Walker Scarborough, to have a child’s part of my estate at the death of my wife Frances M. Scarborough, Henry Scarborough children Lucy H. Scarborough $1, Docia Scarborough $1, Henrietta Scarborough $1. I also give to the children of my son Thomas Scarborough, Crawford Scarborough, $1 out of my estate for his part, to Willis Scarborough $1, and to Aley M. Crider $1, Amey Scarborough $1 as their portion of my estate. Signed: Lewis (x) Scarborough. Witness: Singleton S. Gin, Charles T. Berryman, F. B. Scarborough. [No recording date] Page 306 Boley Wilson 23 Mar 1880 To my beloved wife Clarisa all of my estate both real and personal during her natural life or widowhood, and at her death or marriage to be sold and equally divided between my children Pyrena Chandler, Margaret Strickland, Nancy Williams, Jane Chandler, Martha Wilson, Samuel B. Wilson. To my granddaughter Ophelia Wilson, $50 cash. To my son Samuel B. Wilson, my chest of tools. Executors: my wife Clarisa and my son Samuel B. Wilson. Signed: Boley Wilson. Witness: Reuben P. McGinnis, A. H. Hix, J. B. Hix. Codicil: Since writing the seven first items, my daughter Nancy Williams has died, leaving three children, Lula, Mattie and James Williams. It is my will that the said children shall have the legacy that their mother was to have, equally divided between them. And should any of the legatees die before the division, their children, should there be any, shall have the legacy that their mother or father was to get. Rec’d March 1881. Page 309 Asa Deadwyler 26 Feb 1881 To my beloved wife Mary Ann D. one bed and bed clothing in addition to her share in my estate. All the rest and residue of my estate, both real and personal, to be equally divided between my wife and all my children. The share of my estate given to my daughter Martha Comer to be held by George E. Deadwyler and A. P. Deadwyler as trustees for her. Executors: George E. Deadwyler and A. P. Deadwyler. Signed: Asa Deadwyler. Witness: W. H. Power, John Johnson, J. B. Eberhart, J. P. Rec’d 8 Apr 1881 Page 311 John Manry 14 Aug 1879 My entire estate be equally divided between my stepdaughter Nancy E. Cooper, Henry M. Cooper, William B. Cooper, Eliza J. Cooper, and John S. Cooper, children of the said Nancy E. Cooper. If any portion of my estate should not be desired by the legatees or any one of them, said property to be sold as the legatees may think best. Whereas I have given a bond to John I. Landers to execute tittle to a certain tract of land known as the Henry Manning place, whenever the purchase money is paid, I will and devise that Henry M. Cooper and William B. Cooper execute tittle in accordance with said bond. None of the acts or proceedings of my legatees be necessarily made matter of record in any court in the shape of yearly returns or otherwise except the probate and record of this my last will and testament. Signed: John (x) Manry. Witness: Richard B. Gholston, K. D. Strickland, Joseph Elbert Martin, Thomas Lumpkin Martin. Rec’d 4 Apr 1881. Page 313 Amanda E. Morris 26 Apr 1881 To my beloved daughter Elizabeth Morris the tract of land whereon Henry Morris now lives containing 130 acres with all rights, members and appurtenances, to her own proper use and benefit, with full power to dispose of same by will or otherwise. Also to my daughter Elizabeth all of the property which I now possess, consisting of two beds & furniture, chairs, cupboard, chest, one cow & calf, and all other property of which I may die possessed. Executor: my beloved brother Wyatt Hawkins [Bullock]. Signed: Amanda E. (x) Morris. Witness: Jesse W. Griffith, H. C. Mann, Thos. W. Mabry. Rec’d 1 Aug 1881. Page 315 Sanders W. Colbert 26 May 1880 To my son James F. Colbert, two tracts of land in Banks County, the two tracts containing about 1800 acres. Also one half interest in two other tracts of land in Madison County on the waters of Blue Stone Creek, one of them known as the Scott Mill Tract with the mill thereon, containing 600 acres, the other of said tracts known as the McKin place adjoining the mill tract, containing about 390 acres. The other half of the said two tracts I sold to my said son for the sum of $2,750, the receipt of which I hereby acknowledge. To my grandson Sanders Hite Colbert, my gold watch and my ivory headed walking cane. To my beloved wife Margaret Mc. Colbert, and my daughter Sarah A. Colbert, the balance of my estate both real and personal during their natural lives and at the death of either of them, the whole of said property to remain together for the benefit of the other, whichever may survive the other, so long as she may live. Said property consisting of my home place with the mills thereon containing about twenty four or five hundred acres on the waters of Brushy Creek, all my Georgia Railroad and Banking Company stock now numbering 101 shares, 25 shares in the Atlanta and West Point Railroad Company, 10 shares in the Bank of the University Athens Georgia, all dividends arising therefrom - all monies, bonds, notes, executives, accounts and other evidence of accounts due me, household and kitchen furniture, buggies, wagons, carts, stock, tools, and every other article of property I may die possessed of. My wife to have power to sell surplus as suits her convenience. It is my will and earnest desire that, owing to the unfortunate condition of my said daughter, it is my will and request that my wife shall at all times keep some good and suitable white woman employed for the purpose of attending to the wants and needs in every respect of my said daughter Sarah A. Colbert, and feeling myself able to amply provide for her comfort so far as the question of money is concerned, it is my solemn request it shall be done to the fullest extent so long as my said daughter shall live, and in case my wife should die before her, it is my will and request that my son James F. Colbert faithfully execute and carry out the above request in every particular for the benefit of my said daughter. In case my daughter should survive my wife and son both, it is my request that the Ordinary of this county shall appoint a good and suitable person as the guardian of the person and property of my said daughter during her natural life. My executors to invest any surplus money arising from the income of my property in some good stock for the use and benefit of my wife and daughter. At the death of my wife and daughter both, the property bequeathed them to be equally divided between all the begotten children by any or all lawful wife or wives present, past or future, with this exception and distinct understanding and reservation; my son James F. Colbert to have my Home Place and mills thereon containing twenty four or five hundred acres of land on Brushy Creek and farming implements during his natural life and at his death to be equally divided among all his lawful children. This provision is made in consideration of the service I expect my son James F. Colbert to render my wife and daughter, and other natural considerations between father and son; but in no event is my son to sell said land or property. I appoint my son James F. Colbert trustee for all his lawful children and request him to continue the investments after the death of my wife and daughter for the benefit of his children. Executors: my beloved wife Margaret Mc. Colbert and my son James F. Colbert. Signed: Sanders W. Colbert. Witness: John F. Kirk, J. W. Griffith, W. H. Bullock, R. J. Sorrells. [No recording date] Page 321 Jacob P. Patton 16 Feb 1882 To the children of my brother Matthew R. Patton, deceased, the sum of $500 out of my estate, provided said children should call for said sum within five years from my death, and if not called for by said children within five years from my death, then I will and bequeath said sum to my sister N. G. Benton. To my sister Narcissa G. Benton, 150 acres of land off of the place I now live on according to platt made by W. J. Pittman and dated 9th December 1854, and 15 acres that I bought from the Millican girls. $200 in money to my sister Narcissa G. Benton, and the further sum of $75 in money in lieu of twelve months support after my death. The balance of my estate to Susan L. Bray, Dolly Bray, Ann Bray, Gussie Bray, and Alice Aaron and W. E. Nash, share and share alike, free from the control of any other person. Executor: my friend J. H. Goss. Signed: J. P. Patton. Witness: A. C. Campbell, W. R. Benton, L. E. Daniel, G. W. Daniel. Rec’d 4 Sept 1882. Page 324 Elbu Collins October 1882 To my beloved wife Malinda Collins, the companion of my bosom and the partner of my joy and of my sorrows, for and during her natural life, the tract of land on which I now live known as my home place, with all the improvements and appurtenances, together with the tract or little parcel which I purchased from W. J. Burgess and the little parcel I purchased from H. F. Davis, also the town tract and the Burroughs tract, all lying adjacent to my home tract. I also give my wife for and during her natural life all my household and kitchen furniture, four mules to be selected by herself, also two cows and calves, and ten head of hogs. All the property real and personal mentioned I give to my wife for life, it being understood that my son Joab T. shall live with my wife, --- the farm, take care of the property, kindly and affectionately treat his mother, support and maintain both my self and my wife so long as we both shall live, and in all particulars continue as he has been a dutiful, kind and affectionate son. And in consideration that my son Joab T. is to live with, support, maintain and kindly treat both myself and my wife during our lives, it is my will and desire that all the property herein before bequeathed to my wife for life shall at her death become the property of my beloved son Joab T. Collins. To my daughter Harriett F. Thornton, in addition to what I have heretofore given her, the sum of $500 in cash. To my daughter Margaret M. Hawks, in addition to what I have heretofore given her, the sum of $500 in cash. To my son Joab T. Collins in trust for the use and enjoyment of my daughter in law Ellen Collins and my grandchild Minnie Collins, the wife and child of my son James Willis Collins, and any future wife and child or children of my son James Willis Collins, the following property, to wit, a tract of land known as my Rice tract, and that part of Christian tract which I yet own, and also that part of the Shoemaker tract which I yet own, said property to be held in trust for the use and benefit of the wife and children of J. W. Collins until his youngest child becomes 21, and then the title to this property shall rest absolutely in the children of J. W. Collins if J. W. Collins is not in life, but if in life then title to rest with in J. W. Collins jointly. To my son Joab T. Collins, the tract of land known as my Bill Place or Mill tract, also my Wilhite tract and my Deadwyler tract. To my beloved daughter Huldah P. Langford, for and during her natural life, the following property, to wit, my Roland Brown tract, my Griffith tract, and my Miller tract, to remain her property during her life and at her death to become the property of her children. The children of those deceased shall stand instead of the deceased parent. If there be in my will apparent differences made between my children, my reason for the differences is their difference in treatment which I have received from them. I have given to my daughter Harriett F. 200 acres of land heretofore and to Margaret M. $800 in money heretofore. My property not herein before specifically mentioned and disposed of to be sold and applied to the payment of any debts and expenses that may arise from my death and burial, and to the payment of the two cash legacies bequeathed to my daughters. Executor: my son Joab T. Collins. Signed: Elbu Collins. Witness: Isaac Strickland, J. T. Adams, Henry David, J. B. Estes. Rec’d Nov 1882. Page 329 Isham Cheatham To my beloved wife Delilah Cheatham, two beds and two bedsteads, together with the furniture belonging to the same, and such other furniture as she had at the time of our marriage; one blue chest, one side saddle, one set knives and forks, one set cups and saucers, one set plates, one trunk, one pepper box, and one pair waffle irons, all which she had at the time of our marriage. Also one share of the Capital Stock of the Georgia Railroad and Banking Company. All the above property I will and bequeath to her in her own right, in that she may control and dispose of it as she pleases. In addition, I give and bequeath to my wife, for her own use and benefit during her natural life, 80 acres on the south side of my plantation, to include within its boundaries my residence and all other buildings, to be a home for as long as she may live. Also one cupboard, one chest, two tables, six chairs, one spinning wheel, one pair cotton cards, one set cups and saucers, six plates, one dish, two pitchers, two jugs, two water buckets, one cooking stove and the utensils belonging to it, and such other cooking utensils as she may need, one wash tub and wash pot, one horse and buggy and harness, one cow and calf, one sow and pigs; all the property specified in this item to be used by her for her benefit and support during her natural life, and at her death to revert back to my estate and be equally divided among my children. My wife to have the option of taking a child’s part or portion of my estate instead of a life estate in property bequeathed to her if she so elects. The whole of my estate, after complying with the forgoing provision, be impartially and equally divided and distributed among my nine children, to wit, Adaline Lester’s children, Parmelia Sims now deceased, Josiah Cheatham, Mary Burroughs, Nancy Busbin, Catherine Landers, John J. Cheatham, Elizabeth Collins, and Prudence Graham. Executor: Josiah Cheatham. Signed: Isham Cheatham. Witness: H. O. Johnson, J. H. Pittard, Aquilla Pittard. Rec’d 6 Nov 1882. Page 333 Lindsey G. Colbert 29 Mar 1875 To my beloved wife Parthena Colbert, for and during her natural life, all my estate real and personal and of whatever kind, and at her death to go to my daughter in law Ella C. Colbert and her five daughters, Martha L. Colbert, Susie A. Colbert, Ella M. Colbert, Alice I. Colbert and Augusta L. Colbert, my grandchildren and only decendants, in fee simple, share and share alike. And in the event of the death of any of said grandchildren childless, her interest to be merged in the general estate as though she had never been a legatee. In the event of the marriage of my daughter in law Ella C. Colbert, the share given to her shall go to and belong to my said grandchildren thereafter. Executor: my young friend Judge Albert L. Mitchell of the county of Clark. Signed: Lindsey G. Colbert. Witness: Frank Lumpkin, A. H. McDuff, James White, James A. Carlton. Rec’d 1 Dec 1882. Page 336 Wm T. Moon 19 Dec 1881 To my children Susan and Emma and A. P. Moon, each the same amount of personal property and household stuff that Elizabeth A. Daniel has already received, so they may be equal. The balance of my property to be divided into four equal lots, and all my children shall draw one lot. I have already given Elizabeth A. Daniel her share of land by deed and $300 worth of Geo. Railroad Stock and will therefore give her no further interest in my estate except for as appears above. Of the cash on hand, I give to Susan and Emma and A. P. Moon each $300. All my land I give to my three children, Susan and Emma and A. P. Moon, as tenants in common so long as they are all unmarried. But if Emma should marry then 68 acres of said land shall be cut off to her so as to leave the homestead and out buildings on the remaining. The remaining 136 acres I give in like manner to my daughter Emma and my son A. P. Moon. To my daughter Emma, my organ. To residue of my property to my four children. Executor: my son in law and my daughter Emma Moon. Signed: W. T. (x) Moon. Witness: John J. Strickland, L. J. McElhannon, M. L. Christian. Rec’d 5 Feb 1883. Page 340 Gabriel Nash 4 Feb 1883 After my death, my executor to sell the land on which Abram Scott now lives, and out of the proceeds pay all my debts, and the remainder to become part of my personal property. The rest of my property of every description, except the tract of land which I now live, I give and bequeath to my three daughters, Mary Nash, Letty J. Nash and Martha Nash as tenants in common of equal share, and they shall have authority to do with said property as they please. The tract of land on which I now live, together with all the appurtenances, to my three daughters, Mary Nash, Lettie J. Nash and Martha Nash as tenants in common so long as they all three remain on the land. So soon as one of the said daughters shall leave said land, either by marriage, death or otherwise, she shall then have no further interest in the land and the remaining two daughters shall own and preserve it as tenants in common. When one of the remaining daughters leaves said land by marriage, death or otherwise, then the remaining daughter shall have and possess it alone. And when she shall leave said land either by marriage, death or otherwise, then I give and bequeath the same to the children born and to be born and their heirs forever of the following of my children, to wit, Mary Nash, Nancy Skinner, and Henry C. Nash, that is to say, the children of each of my children last named shall represent one share together in same. Since I devise no property sold except the tract on which Abram Scott now lives, which contains something over 500 acres, my executor to sell said land without an order from the court, that he make no inventory of my estate, but that he turn in immediately on my death all property I have willed to my said daughters Mary Nash, Lettie J. Nash and Martha Nash. Executor: my friend John J. Strickland. Signed: Gabriel Nash. Witness: Chas. B. Hering, W. R. Benton, James F. Payne. Rec’d 5 Mar 1883 Page 344 William Webster 18 Jul 1882 To my beloved wife Emily Webster, to have and dispose of in any manner she pleases, all of my property which I may own at the time of my death. Executrix: my wife Emily Webster. Signed: William (x) Webster. W itness: F. M. McCombs, J. C. Deadwyler, John M. Matthews. [No recording date] Page 346 John Scott 24 Oct 1881 My body to be buried in the cemetery at Danielsville and my resting place marked as my executor thinks befitting my estate. All my property both real and personal be sold and my debts be paid. To my brother Wm. W. Scott and my sister Elizabeth McKie each $5. The remainder of my estate to be divided into equal parts, one of which I give to the bodily heirs of my sister Harriett McKie, another part to the bodily heirs of my brother Charles Scott, the other part I give to my beloved sister Letty Brannon during her natural life and at her death to her daughter Jane Brannon, but should Jane Brannon die without issue before Letty Brannon, the part of my estate willed to her shall be divided into two parts, one of which shall be equally divided among the heirs of my sister Harriett McKie and the other equally divided among all the bodily heirs of my brother Charles Scott. Executor: my friend and neighbor W. A. Stone. Signed: John (x) Scott. Witness: R. H. Kinnebrew, T. P. Davis, W. B. Hosey. Rec’d 7 Jan 1884 Page 348 Susan W. Simson 24 Jan 1884 To my niece Susan W. Bobo, my home place tract of land whereon I now reside with the understanding that she is to take care of, support my idiotic sister Frances Simson her lifetime, the tract containing 100 acres, which to be the right legal property of the said Susan after my death. To Willey O. B. Bobo, my little relative whom I have raised, my tract of land of 50 acres known as the John Busby place, he is also to help Susan take care of Frances. Also to Willey O. B., my featherbed and clothing. Susan W. Bobo and Willie O. B. jointly see to the taking care of my sister Joanna Elizabeth, provided she falls into circumstances that she needs their assistance, and the balance of my household and kitchen furniture I give to the same parties equally. I appoint my niece Susan W. Bobo trustee to look after care for Willey O.B. till such time as he arrive at sufficient age and culpability to take care of himself. Signed: Susan W. (x) Simson. Witness: John F. Kirk, B. J. (x) Tyryen, David (x) L. Gordon. Rec’d 5 Dec 1884. Page 348 John R. Bond 16 Aug 1882 To my son John H. Bond, the place he now lives containing 150 acres at $150. To my son William H. Bond, the place he now lives containing 150 acres at $150. To my son Joseph E. Bond, all the 95 acres of land adjoining the Shiloh Church lot and other lands of my estate, also the place I now live on as a remuneration for taking care of me in my declining days, as it is my intention to keep my said son Joseph E. Bond with me during my lifetime; said place containing 60 or 70 acres. To my daughter Malinda H. McEwen, wife of Alexander McEwen, 95 acres free from control or debts of her husband, it being the place they now live. To my daughter Emily E. Saxton, wife of Miles Saxton, 95 acres, it being the place thy now live on, free from the control of her husband. I have given my daughter Eliza J. Whitworth $50 in cash heretofore; I give her the further sum of $100 in cash for her use, and at her death to go to her children. I have given my daughter Isabel Fitts $50 in cash heretofore; I give her the further sum of $100 in cash. To my two grandsons, John R. Bond and James M. Bond, sons of my deceased son Livingston Bond, $150 to be equally divided between them. To my four grandchildren and children of my deceased daughter Mary M. Guest (to wit) Nealy Guest, Fannie Guest, Olly Guest and John Guest, $150 share and share alike, to wit, $37.50 to each grandchild. To my deaf and dumb grandson John F. Fitts, $75 in consideration of his misfortune. It is my desire that where I have given land to any of my children, they receive it at the value of $150. At my death, that which is known as my old place containing 133 1/3 acres and all other property of every kind, to be sold and after paying all debts and the legacies named in this will, the remainder to be equally divided among all of my children. Executors: my two sons, John H. Bond and Joseph E. Bond. Signed: John R. Bond. Witness: J. P. Looney, G. W. McGarity, W. W. Beard. Rec’d 7 Apr 1884 Page 354 William M. Smith 22 Apr 1884 To my beloved wife Patsy Smith, my bosom companion, all my property both real and personal for her benefit and use during her natural life, to use and control as she deems for her own benefit. To my granddaughter Lucy White, the daughter of my daughter Nancy E. White, $150 cash to be paid after the death of my wife, having advanced to Nancy E. White in her lifetime about or near her distributive share of my estate. All my property given to my beloved wife, I give and bequeath to my beloved son William L. Smith and my daughter Mary P. Rogers, the wife of Robert T. Rogers, to be equally divided between them after the death of my wife. Executor: my son William L. Smith. Signed: William M. (x) Smith. Witness: Thomas D. Hawks, Warren T. Hawks, Jonah E. Hawks. Rec’d 6 Oct 1884 Page 356 Mary O. Chandler 26 Dec 1884 My household property of every kind to be equally divided between my children, Cornelia and Obediah, when they are 21 years old or marry. My principal consideration now is the welfare of my children Cornelia Catherine Chandler who was born September 22 1873, and Obediah Greene Chandler who was born June 6 1875, my will is that my uncle T. G. Strickland take said children and raise and keep them until they are respectively 21 years old, and that he have the same power over them as I have. In short, I appoint said T. G. Strickland guardian of the person and property of both said children, with power to name his successor. All the remainder of my property including cash claims, classes in action, inheritable rights, etc, I give to T. G. Strickland and his heirs absolutely. I don’t make this disposition of my property to cut out my own children in favor of a stranger, but because all I have will in no wise compensate said T. G. Strickland for the attention of himself and family to me and my child Cornelia since we have been sick at his house, much less do so after paying my debts. I desire that my executor make no returns to the Ordinary nor have any inventory of my property. Executor: my friend and uncle T. G. Strickland. Signed: Mary O. (x) Chandler. Witness: C. B. Strickland, B. C. Chandler, Jane Freeman, Jno. F. Strickland. Rec’d 2 Feb 1885 Page 359 Martin Rowe 25 Aug 1884 To my wife Jincey Rowe, the tract of land on which I now reside containing 133 acres adjoining lands of J. H. White, Robert Russell and W. H. McCurdy’s estate, he being deceased, and all of my personal property of every kind, including my notes and accounts, for and during her natural life and at her death to be equally divided between my two sons Stephen Rowe and James P. Rowe, they being deceased, I desire that one half go to the children of Stephen Rowe and one half to the children of James P. Rowe. Executrix: my wife Jincey Rowe. Signed: Martin Rowe. Witness: Josiah H. White, William L. White, Emma W. (x) White. Rec’d 6 Jul 1885. Page 362 Isaac David 13 Jul 1880 If my beloved wife shall be in life at my death, she have one bed and furniture such as she may choose. After my death, all the property that I may die possessed of be sold and equally divided between my nephews Morastat David, Isaac David, William G. David and Jonathon David, and Jno. M. Bruce, share and share alike, with this exception; if Jonathon David receives the $800 willed to him by his father, then he is to receive nothing from me by this will. Executor: my nephew William G. David. Signed: Isaac (x) David. Witness: J. M. Skinner, J. E. Lorkon, J. McElhannon. [No recording date] Page 364 Jacob L. Brewer 25 Jan 1886 To my wife Sarah E. Brewer, 113 acres of land in Madison and Franklin Counties adjoining the land of Sarah C. Berryman on the east, John Osborn on the south, and others; and also 60 acres in Madison County adjoining lands of John G. Fouler on the west, Garner Dorr on the north and others; for her natural life, except she should marry then the above described property to be given to my oldest son Silas J. Brewer and his heirs. 38 acres of land off of the 113 acre tract then I give to my son Thomas T. Brewer and to his heirs; 38 acres of land off of the 113 acre tract I give to my daughter Esther D. Brewer and her heirs; 38 acres of land of off the 113 acre tract to my daughter Mary J. Brewer and her heirs; 30 acres of land off of the 60 acre tract I give to my heir yet to be born, and to its heirs 30 acres off of the 60 acre tract. Executrix: my wife Sarah E. Brewer. Signed: Jacob L. Brewer. Witness: James W. (x) Fouler, Silas M. Scarborough, Jno. A. Berryman. Rec’d 8 May 1886 Page 368 Barthena C. Chandler 7 Apr 1886 I will and bequeath the guardianship of my seven minor children to Lewis M. Chandler, my brother in law, and I appoint him guardian as aforesaid. All my property to my seven minor children, Martha A. M. R. D. Chandler, Thomas A. Chandler, Stephen L. Chandler, Allen C. Chandler, Bethina T. C. Chandler, John F. Chandler and Samuel W. Chandler, and to the said L. M. Chandler in trust for the benefit of my said children. It is my will that immediately after my death, the said L. M. Chandler take charge of my children and property, manage the same as he thinks best, give my children such education as my means and their labor will authorize, and if there is any property left when my youngest child becomes 21 years of age, it is my will that such remainder be equally divided between my children. Executor: Lewis M. Chandler, my brother in law and by occupation a farmer. Signed: at my home near Planter, Bethena C. Chandler. Witness: Dawson Williams, J. Young Williams, Mary E. Hardman. Rec’d 8 May 1886 Page 372 Letty Brannon 14 Jul 1881 To my beloved daughter Jane Brannon (who is afflicted and unable to support herself), for and during her natural life, and at her death to her child or children, should she have any, if not, to dispose of as she thinks proper, all my property both real and personal, also all the claims, legacies, interest and ----- in action belonging to me. Executrix: my daughter Jane Brannon. Signed: Letty Brannon. Witness: W. H. Stone, Hubbard H. Hampton, Edmund E. Stone. Rec’d 10 Jun 1886 Page 376 Robert Williams 13 Mar 1884 To my children, to wit, E. H. Davis, R. G. Williams, Z. T. Williams, Wm. M. Williams, L. L. Williams and N. G. Tillman, and my two grandchildren Robert Chandler and Elizabeth Chandler, children of my deceased daughter N. G. Chandler, my entire estate both real and personal, share and share alike. To my daughter, E. H. Davis, her part of the estate for and during her natural life, then to her three children, to wit, R. M. Davis, J. M. Davis and Fannie Pittman. To my grandchildren Robert Chandler and Elizabeth Chandler, the part devised to them to my son L. L. Williams in trust until they arrive at majority. Executor: my son L. L. Chandler. Signed: Robert (X) Williams. Signed: M. D. L. Pittman, W. M. Brooks, S. M. Chandler. Rec’d 2 May 1887 Page 378 James Jenkins 13 May 1882 To my beloved wife Harriett Jenkins, for and during her natural life or widowhood, my home place containing 169 acres on the waters of the double branches known as the Lewis G. Smith place, adjoining John Lane, Robert J. Sorrells and others. I also give my wife during her lifetime or widowhood all of my other property, to wit, stock of all kinds, household and kitchen furniture, and all provision of every kind, and if a crop be on hand, to have the whole of it for the use of my said wife and three minor children. At the death or marriage of my wife, all my property to go to my three last children by my present wife Harriett Jenkins, to wit, Adam V. Jenkins, James M. Jenkins, Thelitia W. Jenkins. To my six children by my first wife, the remainder of my estate, to wit, Elias P. Jenkins, Elizabeth Davis, Susan Cunningham, Mary Ann Burden, Jane Ginn and Cornelia Owen - share and share alike the remainder of my estate, which consists of money matters. Executors: my sons Elias P. Jenkins and Adam V. Jenkins. Signed: James Jenkins. Witness: Rufus M. Mironey, James P. Hall, Easton L. Hulme. Rec’d 2 May 1887 Page 381 John N. Montgomery 27 Mar 1885 Clarke County, GA: I desire that my body be buried by the side of my first wife and that my executors erect a tombstone over my grave worth $200. All my estate, real, personal and mixed shall be sold after advertising same in the newspaper published at Danielsville and one of the newspapers published in Athens, and reduce my entire estate to cash. To each of my daughters, Cornelia Caroline Deadwyler and Martha Evalula Goss, the sum of $2000, to be paid to each of them before any division of my estate should take place, to make them equal with what I have heretofore given my other children. J. P. Deadwyler and his wife Cornelia are running my farm and business and I am giving them one third of the net profit of my farm, I paying the taxes, furnishing the land, mules, wagons and funding the stock, which is too much, as I did give my son only one fourth part of the net profits - but I have done that for the reason that I have not given my daughter Cornelia C. $2000 during my life, and I have given her and her husband that advantage to compensate them for the loss of the interest on said legacy during my lifetime. I have heretofore given to my children property and money to the amount and value of the sums as follows, to wit, James H. Montgomery the sum of $2412, to Calvin L. Montgomery the sum of $3000, William W. Montgomery the sum of $3000, to John L. Montgomery the sum of $2022, to Edward W. Montgomery the sum of $1500, Cornelia Caroline Deadwyler the sum of $200 and by this will the additional sum of $2000, and to Martha Evalula Goss the sum of $200 and by this will the additional sum of $2000; and I desire that all of my children be made equal, share and share alike. After paying the legacies specified, the balance of money and estate shall be equally divided between Isham H. Goss as trustee of John L. Montgomery and his children, and Isham H. Goss as the trustee of the children of my son James H. Montgomery, to wit, Addie Ora, Wortie H. Montgomery and his infant daughter three weeks old, and all of the balance of my children who may be living at the time of my death and the representatives of those who may be dead. The interest, profits and income alone of all the property which has been given to my children (except the shares of John L. Montgomery and the children of James H. Montgomery, which is hereinafter provided for) shall go to them to be held and enjoyed by them during their natural lives only, and the corpus of said property shall not be spent by any children, and after their deaths the corpus of said property shall be equally divided between their children. The part of my estate which shall fall to Isham H. Goss as trustee for my son John L. Montgomery and his children shall be vested in and held by Isham H. Goss in trust for the following purposes, to wit - to purchase or invest in property, the rents, issues and profits of said property to be paid over annually to my son John L. Montgomery during his life, and at his death the corpus of said property shall be turned over to the children of John L. Montgmoery. The part of my estate which shall fall to Isham H. Goss as trustee of the children of my son James H. Montgomery, to wit, Addie Ora, Wortie, Maud and his infant daughter, shall be invested in property and not spent; and at their arrival at 21 years of age or marriage, he shall pay them their share. Executors: Joseph P. Deadwyler, William W. Montgomery, Isham H. Goss and C. L. Montgomery. Signed: J. N. Montgomery. Witness: S. C. Dobbs, G. W. Mason, C. B. Burch. Codicil: Madison County 10 Nov 1886 Said will makes Isham H. Goss alone trustee for John L. Montgomery and children; owing to the uncertainty of life, I nominate and appoint Calvin L. Montgomery of Floyd County co-executor with full and equal power to act in conformity as set forth in item 8. Since writing the above will, debts to a large amount against the said John L. Montgomery and wife, unknown to me at the time, have been presented. Seeing the land I gave him could be -----, I assumed the payment of such claims, amounting to $2120, took the said John L. Montgomery’s note for the above amount, drawing out interest, took a deed on land, deeded it to his children at the death of the said John L. Montgomery, giving him a life interest in same. The above note to be counted and accepted, including interest, as an advance in a final division of my estate. At my death, in conformity of item 5 in my will, and after each one has received the amount, share and share alike, each and every legatee, should there be any left remaining of my estate, after the said John L. Montgomery accounts for said note and other advances that may be charged him, said amount to be held in trust by Isham H. Goss and Calvin L. Montgomery in trust for the said J. L. Montgomery and children now living and hereafter born. Item 8 of my will makes Isham H. Goss alone trustee for the children of James H. Montgmoery, Addie Ora Williams, Cora, Wortie Lu, Maud and Paulina. Owing to the uncertainty of life I hereby appoint Lu J. Williams as co-executor to act with Isham H. Goss, each equally empowered to carry out item 9 of my will, except that part that says Isham H. Goss shall pay each legatee as they marry or become of age, without any restriction. I will that item 7 of my will be carried out and applied to the children of James H. Montgomery was clearly an oversight not including them in item 7, saying the body or corpus or principal must not be spent, only the interest or income can be used, and as each one becomes of age or marries, Isham H. Goss and L. J. Williams must assist the husband of each one, including Addie Ora, in selecting real estate or some permanent valuable investment. Signed: J. N. Mountgomery. Witness: C. A. Wilder, Jos. McWhorter, R. L. Wilder, J. P. Parker. Rec’d 12 Aug 1887 Page 390 Rufus M. Mironey 6 May 1887 To my beloved wife Martha M. Mironey during her life, one half of the household and kitchen furniture I am possessed of. To my son James M. Mironey, the remainder of my estate both real and personal. My said son to support myself and my wife during our natural lives in a cheap and plain manner from this time and he is to have all the proceeds of the former, provided he performs the above request in good faith. Executor: my son James M. Mironey. Signed: Rufus M. Mironey. Witness: F. M. Skinner, H. C. Skinner, John M. Skinner, W. P. Skinner. Rec’d 8 Sept 1887 Page 392 Malinda Moore 10 Sept 1886 To my daughter Sarah M. Rice and her children, 50 of land off my place that I now live on, containing 200 acres, for the express purpose of paying for the support of myself up to the present time and for my future support, or so much as will be necessary for that purpose. To my daughter Harriet Moore, the remainder of my land during her natural life. At the death of my daughter Harriet, said land to be the property of my two daughters Sarah M. Rice and her children, and Mary L. Patton and her children. All my household and kitchen furniture go to my daughter Harriet, with the exception of Mary L. Patton to have one double wove counterpane and one set of pillow slips. Also my daughter Sarah M. Rice to have one doublewove counterpane and one set of pillow slips. My children to make arrangements to pay my doctor. Executor: my son in law, George L. Rice. Signed: Malinda (x) Moore. Witness: R. T. McGinnis, J. C. Campbell, A. C. Campbell. Rec’d 6 Apr 1888. Page 394 Charles L. Sorrells 24 Aug 1888 My wife Mary E. Sorrells shall have dower or a child’s portion of my property in lieu thereof. I will and desire that Richard H. Sorrells, William C. Sorrells and Robert P. Sorrells, to whom I have already given property as follows, to wit, to Richard H. Sorrells, $1000, being land of that value; to William C. Sorrells, $800, being land to the amount of $550 and the balance money with which to pay his expenses while attending a commercial school at Baltimore; to Robert P. Sorrells, $500 with which to pay his expenses while preparing himself for the practice of medicine; shall receive nothing of my executor until each and all of my beloved children, to wit, James M. Sorrells, Samuel H. Sorrells, Harriet P. Sorrells, Britton S. Sorrells, Charles L. Sorrells Jr., Susan C. Matthews, formerly Susan C. Sorrells, and Mary B. L. Sorrells shall have received as much of my property as I have already advanced Richard, William and Robert P. Sorrells. After which the remainder of my property shall be equally divided between all my children. Executor: the person whomsoever may be the qualified clerk of the Superior Court of Madison County, Georgia at the time of my death. Signed: Charles L. Sorrells. Witness: Stephen C. O’Kelly, J. E. Gordon, R. H. Kinnebrew. Rec’d 10 Nov 1888. Page 397 Samuel David 8 Dec 1887 Mine and my wife’s grave to be fixed up in a decent and creditable manner. To my son Isaac David and wife, for their valuable services and kindness shown and rendered unto my wife during her last illness, and unto myself, and to be rendered by the said David and wife during the balance of my life, all my property both real and personal, the Realty consisting of 100 acres of land where I now live adjoining J. P. Gholston, T. W. Bruce, Coil, the peronalty consisting of 2 horses and cattle and household and kitchen furniture and any and all debts owing to me by anyone. Executor: my son Isaac David. Signed: Samuel (x) David. Witness: John E. Gordon, W. H. Bruce, Thomas W. Bruce. Rec’d 10 Nov 1888. Page 399 James M. Sailors, Sr. 3 Sept 1887 To my wife Selina L. Sailors, $200 in cash and all she brought here at the time of intermarriage to me, and half the bed clothing that she has made since our marriage. All my property to be sold and all my children to whom I have not made advancements first be made equal as near as possible to whom I have made advancements as marked in Exhibit A hereunto annexed. After my children are made equal in advancements, the remainder to be equally divided between all my children. Executor: William L. Smith. Signed: James M. Sailors, Sr. Witness: Stephen P. Hawks, Jonah E. Hawks, W. M. Patton. Exhibit Marked A: James M. Sailors’ Advancements made his children Elizabeth A. Smith - one cow and calf ($20), one bed & furniture and house furnishing goods ($50), cash ($100). Wm. S. Sailors - one horse, bridle & saddle ($100), one cow & calf ($20), one bed & furniture and house furnishing goods ($30), cash ($100). Ava A. Sailors - one bed & furniture ($20), cash in lieu of cow & calf ($50). Susan A. Sailors - one cow & calf ($20), one bed & furniture and house furnishing goods ($30). C. C. Sailors - one horse, bridle and saddle ($100), one cow & calf ($20), one bed, furniture and house furnishing goods ($30). S. E. M. A. C. Williams - one cow & calf ($20), one bed & furniture and house furnishing goods ($30). M. L. C. Chandler - one cow & calf ($20), one bed & furniture and house furnishing goods ($30). J. A. Smith - one cow & calf ($20), one bed, furniture and house furnishing goods ($30). J. M. Sailors Jr. - one horse, bridle and saddle ($100), one bed & furniture & house furnishing goods ($30), cow & calf ($20). B. H. Sailors - one cow & calf ($20), horse, bridle,saddle ($100), bed, furniture, house furnishing goods ($30). Rec’d 13 Jan 1889. Page 402 Celia Ginn 24 Apr 1888 To my daughter Artimissa Ginn, all my household and kitchen furniture except one bed and a proper amount of bedding herefore. To my granddaughter Susan Ophelia Ginn, daughter of Artimissa Ginn, the bed and bedding excepted above. To my children by my first marriage, viz, Henry McDuff, Narcissa Strickland, wife of Allen Strickland, Mary Johnson, wife of David A. Johnson, and to my granddaughter Mary McDuff, daughter of my son John McDuff who is now deceased, the sum of one dollar each. My land, the place whereon I now and have lived for years, said land having been purchased with my money or exchanged for a tract of land I owned, to be sold, the proceeds thereof be equally divided, share and share alike, unto my daughter Letty Ellen Phillips, wife of William Phillips, my daughter Pop Berryman, wife of Marion Berryman, and my son Stephen A. Ginn and my daughter Artimissa Ginn. Executor: my son Stephen A. Ginn. Signed: Celia Ginn. Witness: Jas. J. Bond, Patrick H. Bowen, Bolin E. Bryant, J. B. Cunningham. Rec’d 8 Feb 1889. Page 405 Bida Sims 15 Jan 1873 To my nephew Wiley I. Meadows all the tract of land that I now live on. To sister Julia Cochran and Martha E. Bolton, all my wearing apparel, table cloths and towels to be equally divided between them. To Mary Bolton, daughter of James L. Bolton, one feather bed, bedstead and furniture. All the balance of my estate to be divided into four equal shares, one share to sister Julia Cochran, one share to Martha E. Bolton to her and the heirs of her body, one share to brother Bennet Sims, one share to my nephew Wiley I. Meadows. Executors: Bennett Sims and Wiley I. Meadows. Signed: Bida Sims. Witness: John M. Sims, Jacob Eberhart, Wm. Cannis (x) Bridges. Rec’d 10 Oct 1889 Page 408 Cynthia Sanders 3 Sept 1889 I want my great niece and nephew, M. S. Glenn and R. E. Glenn, who have agreed to take care of me during the balance of my natural life, to be paid for their trouble out of what I have, and then if there is anything left, I want it divided among Martha Glenn, wife of John E. Glenn, deceased, Lizzie Bolton, Tishsa Key, Cynthia Landers, as follows: to Martha Glenn, one feather bed, bolster and pillows. To Lizzie Bolton, Tishia Key and Cynthia Landers I want to have five dollars and two quilts a piece, and if there is anything left after the above division, I want M. S. Glenn and R. E. Glenn to have it. Executors: M. S. Glenn and R. E. Glenn. Signed: Cynthia Sanders. Witness: O. P. Griffith, C. R. E. Hitchcock, T. G. Hitchcock. Rec’d 5 May 1890 Page 410 Bennett W. Brown 21 May 1886 My son Benjamin T. Brown, for the kindness and favors rendered to myself and family since he became of age, to have extra and above the rest of my children at the time of my death one mule worth $150 or the equivalent in money. To my wife Susan A., the home whereon I live containing 157 acres during her natural life for the purpose of her support and comfort in life, also in like manner all of my personal property. At the death of my wife, the property to be sold and equally divided between all of my children with this proviso included, that my daughter Elizabeth Short, for reasons not necessary here to mention, has become unfriendly to myself and family. Now should she remain with the same feeling toward me and family, which bad and unchildlike feeling I hope and feel that she will not retain, but if the said daughter remains stubborn and unyielding in h er manner and treatment toward us, then I direct that the said Elizabeth have no part of my estate whatever - otherwise to inherit equal with the rest - regretting very much having this distinction to make with any of my children, loving them all alike. Executrix: my wife Susan A. Signed: Bennett W. Brown. Witness: Neal Chandler, G. D. McGinnis, R. T. McGinnis. Rec’d 5 May 1890 Page 412 Thomas W. Dean, Sr. 9 Sept 1889 To my two sons, Willis H. Dean and Charles W. Dean all of my stock of horses, cows, and stock of all kinds, also all plantation tools and mechanical tools. They are to pay all my debts. My said sons should support and take care of my minor children after my death until they become of age. To my wife Sarah A. Dean, all of my household and kitchen furniture of every kind for and during her natural life, and after her death what is left to be equally divided between my children as follows, to wit, Anna A. Bond, Adeline K. McGarity, Nancy J. Dean, Arminta L. L. James and Robert L. Dean, Susan F. Dean, Cora E. Dean, Bessie Williams, Babe Dean, Evie Dean. Executor: my sons Willis H. Dean and Francis G. McGarity. Signed: Thomas W. Dean Sr. Witness: John H. Bond, M. L. Shewer, Jos. H. Bond, John M. Skinner. Rec’d 2 Jun 1890