Wills: Pleasant Moon, 1889: Madison County, Georgia Contributed for use in USGenWeb Archives by Anne C. Booth ***************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.rootsweb/~usgenweb/ 29 Dec 2000 ***************************************************************** LDS Library, Film # 0351750 Madison County, Georgia Will Records 1811-1922 Will Book B, page 422 State of Georgia; Madison County: In the name of God I Pleasant Moon of said state and County being advanced in years and afflicted in body but sound in mind and disposing memory knowing that I must shortly depart this life, deem it right and proper that I should make some disposal of the property that I may have at the time of my death with which a kind Providence has blessed me. I do therefore make this my last Testament and will hereby revoking all other heretofore made by me. Item 1st: I desire and direct that my body be burried (sic) in a decent and Christian like manner suitable to my Circumstances in life. Over my grave I wish a decent house of God material well painted to be erected. I direct that my beloved wife Susan E. Moon be burried (sic) in like decent manner and her grave to be covered in with a house in the same manner as I have directed for my own provided she dies my widow. My soul I trust shall return to the God who gave it. Item 2nd: I direct that all of my Just debts be paid as soon as possible after my death by my executors. Item 3rd: Through the Love and affection I have for my daughter Olivia M.B. David at my death I will and bequeath and give to her six and one half shares of Georgia R. R. Stock valued at one Thousand Dollars and if my daughter Olivia M.B. David wishes to she may have the right to pay to my wife Susan E. Moon seventy five Dollars and have seven shares of Georgia R. R. stock in leu (sic) of six and one half for which she shall pay to my wife Susan E. Moon during her lifetime or widowhood not less than one percent nor more than three per cent per annum Just as my wife Susan E. Moon may charge to suit her necessity either of the Said per cents the same to be collected by my executors and paid to my wife Susan E. Moon yearly during her natural life or widowhood. The above named shares of Ga. R. R. Stock shall remain in possession of my wife Susan E. Moon for the space of one year after my death provided the Said Susan E Moon sees proper to hold said property said one year if my beloved wife sees proper. She can give up said property earlier than in above stated time. If after my daughter Olivia M.B. David comes in possession of said named shares of Georgia R. R. Stock she may at any time as she think best dispose of said shares but must pay to my wife Susan E. Moon the per cent that is named in the above or one Thousand Dollars the same being the set value of the said six and one half Shares of Ga R. R. Stock. The above named shares shall not be subject to any debt that she may owe on contract prior to my death or the death of my wife except such debts as she may owe me or my wife at the time of our deaths. Item 4th: For the love and affection I have for my son Johnathan (sic) D Moon I will and bequeath unto him one hundred and sixty three acres of the Jarrett Land valued at one Thousand Dollars the same being all of the said tract of the Jarrett Land except fifty five acres near the Cross Roads the lines to run as follows beginning at Cross Road, up Danielsville road thence across and to John M. David’s line Surfitiver (Surveyed?) to leave the said number of fifty five acres the same being the numbers (sic) of acres according to the works (?) except what is deeded to the A & C R. R. provided said road is built. out of the said one hundred and Sixty three acres according to the works (?) for which my Son Johnathan D Moon shall pay to my wife Susan E. Moon not less than one nor less (sic) than three per cent per annum. Just as my wife Susan E. Moon may charge to suit her necessity either of the said per cent the same to be collected by Executors and paid to my wife Susan E. Moon yearly during her natural life or widowhood. The said Land shall not be subject to any debts that my son may owe now or may contract hereafter except what he may owe me or my wife Susan E. Moon at the time of our deaths and never shall he Johnathan D. Moon sell said Lands except to invest in other real Estate and shall not sell said land until after the death of my wife Susan E. Moon. In the Event the A. & C. R.R. is not built then I give to my son Johnathan the full described one hundred and sixty three acres of Land if the Said Johnathan D Moon should sell said above described lands and invest in other Lands that shall not be subject to any debts that he owes or may hereafter make. I wish that he may have a Permanent home. Item 5th: For the love and affection I have for my daughter Susan E Mitchell I will and bequeath unto her a part of the Peyton tract of Land beginning ninety five yards West road leading from J. H. Bruces to the Moons ferry road thence E. to pine Stump and Eberharts & Daniels (? possibly David) line thence to corner (?) thence to dogwood thence along with Bruces line to road thence ninety five yards on the west side of Said road thence straight line N. beginning corner Supposed to be sixty five acres valued at by me to be worth three hundred and eighty Dollars I also will and bequeath to my daughter Susan E. Mitchell Seventy five acres of Land Known as the Cooper tract whereon she now resides valued at three hundred and fifty Dollars. I also give her two hundred and seventy Dollars of her indebtedness to me Pleasant Moon making a value of one thousand Dollars the above named tract of Land to remain in the care and in my wifes hands during her life and after the death of my wife Susan E. Moon then my Executors to make title to my daughter Susan E Mitchell but my daughter is to have said land for a home to live in during my wifes lifetime clear of rent and my daughter Susan E Mitchell Shall pay not less than one percent nor more than three per cent annum just as my wife Susan E. Moon may charge to suit her necessity either of the said per cents to be collected by my Executors and paid to my wife Susan E. Moon yearly during her natural life or widowhood. The above named lot of Land I give to my daughter Susan E. Mitchell for a permanent home during her life. Provided she dies children who are minors may receive the rent of said Land until the youngest becomes of age or marries as each child becomes of age or marries. Then they shall not receive any benefit of said rent if any of the children should leave their mother before maturity they shall not receive any benefit of the rent of said lands the above land I will and bequeath to my daughter Susan E Mitchell shall not be subject to any debt that she may now owe or may hereafter contract except what she may owe me or my wife at the time of our deaths. Said Lands shall be subject to any and all of said Susan E. Mitchell debts that she may owe me or my wife at the time of my wifes Susan E. Mitchell (sic) death any and all property that may come from my estate to Susan E Mitchell at or before the death of my wife shall be paid by executors to my daughter Susan E. Mitchell in person and Shall not be subject to any garnishment or debt that may be against her The above Lands I bequeath to my daughter Susan E Mitchell for a permanent home she shall not have right to sell any or part of Said Lands only to invest in other real estate only in the Event She should die before my wife then my Executors or her trustees to sell enough of said land so as to give my daughter Susan E Mitchell a decent burial and not sell any of said land except in the case of my daughters death up and until (?) three years after the death of my wife I give my daughter the right to choose a trustee to manage and advise for her. I further reserve to put a Codicil in reference to any of my grand children Changing the above _____( acres?) of the Said Lands that I have give (sic) to my daughter Susan E Mitchell and leave to her the right to dispose of to any of or all of her children as she sees fit at her death I further give her the right to sell a part of said Lands in case she should become down and helpless so as to need it for sustenance of life. All of the property named in the above and all that may hereafter be coming from my estate to Susan E. Mitchell I give her the right to will and dispose of to any one or all of her children as he sees proper. Item 6th: For the love and affection I have for my two granddaughters Susan Hester Cooper and Elizabeth Lillian David I will and bequeath and give unto them a part of my home place where I now live embracing my present residence and out building supposed by me to contain two hundred Acres be the same more or less, also add a portion of the Peyton tract to the aforesaid tract beginning ninety five yards this side of the road at Henry Bruces lane at the supposed Corner of Susan E Mitchell’s Land thence to maple on branch thence to neck thence to maple thence down branch to stake thence around wash (?). J H Bruces Land to Holly Creek thence up said creek to box Elder Corner adjoining J D Power Land thence to a maple on my spring branch thence up said branch and along my line after it leaves the branch until said line intersects the public road running by Powers mill thence the old original road to stake thence through Sims field near by stake along Y. A. Daniel line to chestnut corner where Daniel joins the Cooper tract thence to supposed white oak thence to line? thence to P. O. thence along Estate of Eberharts line within ninety five yards of road where I suppose the corner of Susan E Mitchell’s land thence a Straight line to the beginning corner supposed by me to contain two hundred acres be the same more or less valued at one thousand Dollars. I will and bequeath the above described land to my said granddaughters Susan Hester A Cooper and Elizabeth Lillian David as above stated and also direct that they take possession of said Land at the death of my wife Susan E. Moon and at any time before her death she sees proper to give possession of said lands or any part of it to either or both of them provided that after receiving possession of said land if in my wife wifes (sic) life time they shall pay to her not less than one nor more than three per cent per annum Just as my wife Susan E. Moon may charge to suit her necessities either of the said per cents the same to be collected by my executors and paid to my wife Susan E. Moon yearly during her natural life or widowhood the aforesaid bequest is made to my granddaughters Susan Hester Cooper and Elizabeth Lillian David with this restriction distinctly and positively understood and embraced that they nor either of them shall not permit Henry C David to live with them at any time on said lands devised to them by me in any capacity within as a laborer Boarder nor as a visitor not exceeding forty eight hours in twelve months nor shall neither or both of these employing said Henry C David in any way on said land nor allow him to handle any of the proceeds arising from the land nor shall they ever allow him nor shall he even be allowed to any friends property that I may have there or that may even hereafter fall it theirs from my estate as guardian trustee or otherwise and if they do allow the said Henry C. David to live with them or either of them or wash starch or Iron or sew knit or any ministration (?) named in the above while living on the lands I give them and desire and will that my executors proceed to sell enough off the corners of said land to pay five Dollars every time either of the granddaughters disobeys the aforesaid restrictions and that my executors to have the said sum five dollars for their own use and in case that my Executors should fail to see after the same then I desire that any person may after the same and receive the said sum for their trouble and neither shall the said Henry C David live on the lands I give to my wife neither on this said lands while my wife has the same in her possession nor as long as she may live in these houses nor the aforesaid land that I give to my two Granddaughters Susan Hester Cooper and Elizabeth Lillian David I hereby will to them the aforesaid lands for a permanent home during their lifetime and after their death to their children provided they have any at the time of their death and if any one of the two named granddaughters should die before marriage then the other has the right to dispose of the lands as she sees proper and if either one or both of them should marry and have heirs and the said heir or heirs dies before arriving at maturity then their husband to have one half of said property and the other half revert back to my Estate provided the husband is living at the death of such granddaughter and if not then all of said property to revert back to my Estate and the aforesaid Lands that I give to my granddaughters shall not be subject to any debts that they earn shall make either or both of them nor by their husbands in any way whatsoever except whatever they may be indebted to me at my death or my wife Susan E. Moon at her death and neither of them shall have the right to sell or trade said lands except the same to purchase other real estate and the deed made to said granddaughters binding in every manner as is named in this my last will they shall not have the right to sell all or part of said land under five years after the death of my wife Susan E. Moon and only then to invest in real estate with the same restrictions concerning Henry C. David I hereby Desire for my wife Susan E. Moon for her to have full control and access to my room and bedroom joining the same and dining room and Stove room and also the wheat room upstairs and any of the out buildings that she should need and well and garden during her lifetime or widowhood and my said granddaughters Susan Hester Cooper and Elizabeth Lillian David shall not have the right to rent out the dwelling houses and if either of them wishes to live in said houses and the other refuses neither one shall not (sic) have the right to rent the same to any other person nor no part of the same either one Item 8th: For the love and affection I have for my beloved wife Susan E. Moon I will and bequeath and give to her all of the Money Notes and accounts that I may die possessed with and all my household and Kitchen furniture buggy wagon and stock of all kinds tools and all the land not herein before described and disposed of in this will consisting of the same (?) tract and some other lands lying next to the land of Mary Moon and my mid (?) lands or the proceeds thereof as well all my such corn wheat and all the property not otherwise disposed of in this will including the proceeds of fifty five acres of the Jarrell and six and one half shares of Ga R. R Stock and I give her full power to sell or dispose of any or all the property which I have herein bequeathed to her if her necessities require it. I likewise bequeath to my wife Susan E. Moon not less than one nor more than three per cent per annum as herein before described an all the property bequeathed to my heirs as constituted by this my last will provided that my wife Susan E. Moon may at any time require not less than one per cent nor more than three per cent per annum at her own discretion so as an equal be required from each of the heirs my wife Susan E. Moon may keep my granddaughter Elizabeth Lillian David five years if she stays single if she wishes provided she lives in this present otherwise may evict (?) her two years after my death and provided that my two grand daughters should not take possession of the lands after my wife gives it up to them then my executors may rent out the same and pay to my wife the same and pay to my wife the said per cents over all expenses and the remainder to my said Grand Daughters I direct and will that my beloved wife may use for comfort and benefit any money accruing to her through the devices in this will but she shall not lend more than ten Dollars in one year in any case with out the consent of her of the executors of this my last will. I also bequeath to my wife Susan E. Moon the privilege of my room and bed room dining room stove room wheat room up stairs for her own proper use and free access to well of water and garden with access to my out buildings she may see proper to use if either one of my two grand Daughters or both gets in possession of the land left to them in this my will before the death of my wife Susan E. Moon they must pay not less than one nor more than three per cent per annum on five hundred Dollars each Just as my wife Susan E. Moon may charge to suit her necessity either of the said per cents the same to be collected by my executors and paid to my wife Susan E. Moon yearly during her natural life or widowhood I hereby give to my wife Susan E. Moon forever the privilege to sell one half share of Ga R R Stock to my daughter Olivia M. B. David at any time after my death. Item 9th..I further devise that all the money notes accounts that I may be possessed with or _______ of at the time of my death whether it be in Athens Ga or else where shall the same be turned over to my beloved wife Susan E. Moon during her life time or widowhood. If my wife Susan E. Moon should die or marry then all the money notes accounts or other papers shall be turned over to my executors and shall make a equal distribution of the same between legal heirs, Viz Olivia M. B. David, Johnathan D. Moon Susan E. Mitchell Susan Hester Cooper and Elizabeth Lillian David the last two named shall have one fourth of the above named divided between them none of the above named property shall ever be subject to any debts that any of the above Legatees owe or contract during their natural life. My executors shall pay the same over to my legatees for their own proper use and the same shall never be subject to any debt garnishment whatever. I give to my wife Susan E. Moon Six shares of Ga RR Stock and also the one half share provided she dont (sic) sell it the proceeds of the dividends of the same to be appropriated to her own proper use during her natural life married or single. If at any time during her widowhood my wife should need any of the property I will to her for her comfort She may sell any or all the same only the six shares of Ga RR Stock which shall be the last and apply the same to her own proper use. I desire that my wife shall in no event give or loan any money during any year to exceed ten dollars without the consent of two of my executors stating shall the ______ is perfectly solvent. If at the death of my wife Susan E. Moon she is in possession of the six shares of Ga RR Stock I gave to her I desire that Olivia M. B. David shall have one share Johnathan D. Moon shall have one share Susan E. Mitchell shall have one share and one shall be divided between my two grand daughters Susan Hester Cooper and Elizabeth Lillian David the remaining two and one half shares if not sold before the death of my wife the same to be sold at private sale sale and the same be divided equally between my Legal heirs as above named except the last two named shall only receive one fourth of the said shares divided equally between them none of which property shall ever subject to any debt or garnishment that any one of them or all of them may ever owe or contract hereafter or prior to this time except what they may be owing myself or my wife at our deaths. Item 10th.. If at the time of my death or the death of my wife, Susan E. Mitchell should be indebted to me or my wife regardless of the date the same shall stand against her as cash and she shall account for the same at final settlement and the property I will and bequeath to her shall be subject for the same or any debt that I hold against any person she as security. I also will and desire that if any of my legal heirs VIZ Olivia M. B. David Johnathan D. Moon Susan E. Mitchell Susan Hester Cooper and Elizabeth Lillian David should owe me or my wife any amount at the time of our deaths the property herein named that I give to each and every one of them shall stand good for the amount and if any or all of them should owe me any debt at my death if they will renew their notes to my wife Susan E. Moon the interest on said notes may run at the rate of four per cent per annum and must pay part of said notes yearly as my wife may demand and such property must stand for the same and shall never go out of debt but shall stand for each and every one of their indebtedness individually and be subject to their indebtedness to me or my wife in the final settlement of my estate. I also will and desire that their (sic) shall be no appraisement of my estate until after the death of my wife and that my executors help my wife to manage the property I leave to her to the best advantage. I also desire that each and every one of my legatees pay their own expenses that may occur in receiving such property as I give to them and their shall be no commission paid to any one or all my exeutors in settling up my estate on the property that I have willed ________to them to become in possession of at or after one year after my death if any of my executors should charge any sum per cent in this first division before the death of my wife then this my last will and Testament be a Sufficient title or deed to the property that I have willed to heirs in the first division to my wife and four heirs in my last will and Testament I further will and direct at the death of my wife Susan E. Moon provided she dies my widow that my executors to see that my beloved wife burried (sic) in a metalic (sic) coffin and a good house placed over her grave and well painted and if there is not sufficient means that I have left to her left at that time to pay the expenses of the same then to my said executors to sell enough of the Ga RR Stock to pay for the same this my last will and Testament. Item 11th.. I hereby constitute and appoint my wife Susan E. Moon my son Johnathan D. Moon and my friend John M David And Isaac V. Moore Executors of this my last will and Testament and direct that they receive no commission upon my property divided among my legal heirs accounting to the provisions of this will and if such executors exact commissions in this will each legatee named hereinnamed in this will to take possession at the proper time except the place where I now live which my wife Susan E. Moon will take possession of any money coming into the hands of my executors from my estate shall not be paid to any person or persons except the legal heirs of this my last will and Testament and shall not be subject to any debts that any of the legatees over owes and if any of my heirs should be indebted to my estate at my death they shall be required to render by note by my wife every two or three years at four per cent all notes and accounts that may be owing to me at my death must be paid or turned over to my wife Susan E. Moon for her support during her natural life or widowhood Signed declared and published by Pleasant Moon as his last will and Testament in the presence of us as subscribers who subscribed our names here to in the presence of said Testator at his instance and request and of each other he Pleasant Moon Signing in our freewill and we in his presence P.S I will and desire if after the death of my wife Susan E. Moon if any thing be left after the burial expenses paid for James P Moon to have Ten Dollars son Johnathan D Moon also Geo. P. David J P to have Ten Dollars the son of Olivia M. B. David and after this and equal division be made with my heirs as above named and this P S is not to effect the above This the Twenty Seventh day of March 1889 Pleasant Moon J I Parham J L Moon S P Power I V Moore JP Will proved 2 Mar 1891