WILL OF WILLIAM DAVID, 4 NOV 1822, Madison County, GA ***************************************************************** 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/ Submitted by Anne C. Booth - abooth@ktc.com 28 Dec 2000 ***************************************************************** LDS Library, Film # 0351750 Will Records 1811-1922.....Page 17 Madison County, Georgia In the name of God Amen, I William David of the County of Madison and State of Georgia being low and weak in body, but Sound in mind and memory, and reflecting on the uncertainty of life and the certainty of death, for the regulation and arrangement of my worldly concerns; do make and ordain this my last will and testament hereby revoking all former wills and testaments by me made. First, I bequeath my Soul to its Creator from whom I received it and my body to the earth from whence it came, to be decently interred by my Executors hereafter to be named. Second, My Will and desire is that all my Just debts shall be paid out of my estate. Third, My will and desire is that my loving wife Lucy David keep in her possession all my estate both real and personal (except such as is herein after mentioned) to manage the same for the Support of herself and children dureing (sic) her natural life or widowhood and also for the schooling of the children. Fourth, My Will and desire in that my daughter Elizabeth David, her legal representative or heirs have out of my estate One Negro Girl named Peggy one horse one Cow & calf one sow & pigs one ewe & lamb & one feather bed and also one tract of land whereon Morasett (sic) David now lives containing one hundred & thirteen Acres the above has already been delivered to her and also to have one saddle & bridle. Fifth, My Will & desire is that my daughter Mary Patton her legal representative or heirs have out of my estate one bay mare which he has already received. One Negro Girl named Mary One tract of land Known by the name of Barson (?) tract containing One hundred and forty four acres One feather bed One cow & calf One sow & pigs one ewe & lamb, one saddle & bridle. Sixth, My will and desire is that my daughter Sarah David have out of my estate One Negro Girl named Melinda and one other Negro of equal value or be paid four hundred dollars and also to have in (case of the death of Malinda before my daughter Sarah marries or becomes of age, One other Negro of equal value. She is also to have my Spotted filly one feather bed one cow & calf One sow & pigs One ewe & lamb & one Saddle & bridle. Seventh, My Will and desire is that when either of my other children marry or become of age to have such part of my estate as is reasonable and not exceeding the part of either of the above named Children to be taken in property at valuation of persons to be named one by my executor and one by the child claiming its part. Eighth, My Will and desire is that if my wife Lucy David intermarries after my death to receive out of my estate a Share equal to one of my children the other part of my estate remaining in her hands at the time of her intermarrying to be delivered up to my other Executor to be managed by him for the benefit of my children or be divided out if all the children shall have married or become of age as in hereinafter expressed. Ninth, (sic) My Will and desire is that at the death of my Wife Lucy David in case of her not intermarrying again or that if any of my children have not received a part equal to the part herein named for my first children then to receive such part the balance of my estate then to be equally divided amongst all my children Share and share alike provided where any child has received more or less then a part equal to what is specified for my daughters the same to be added or deducted before such final division So that all my children have as near as equal share of my estate as my Executor can determine on. Lastly I hereby nominate and appoint my loving wife Lucy David Executrix & my friend Francis F(?) Eberhart Executor of this my last Will and testament in Witness whereof I have hereunto set my hand and Seal this ____ (date covered in ink.) day of September 1822. William (his X mark) David...Seal Signed and sealed in presence of us and in presence of each other George Eberhart David Graham Jona Sanders Personally appeared in open Court George Eberhart, David Graham and Jonathan Sanders and being duly Sworn, deposeth & saith that the within named William David expressed (?) the original draft of which the within as a copy to be has will & further saith that at the time of writing the original draft aforesaid that he was in Sound & disposing mind & memory. Sworn to this 4th day of November 1822. George Eberhart David Graham Jona Sanders Atted.. William Sanders COO Recorded 13th of November 1822