WILL: Henry Page White - 1842, 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 Joyce V. Compton - jvcompton@juno.com 7 November 2001 ***************************************************************** Will of Henry Page White, Transcribed from original will book in probate office at Danielsville, Madison Co., Ga by Joyce Compton HENRY P WHITE Will Book B, pgs 2-5, Madison County, Georgia In the name of God Amen. I, Henry P White of the County of Madison and the State of Georgia, being weak and worn by reason of age and disease, but sound in mind and memory and cauling into consideration the mortality of my being and knowing that it is appointed for all men once to die, do make and ordain this my last will and testament, that is to say principally and first of all, I give and recommend my soul into the hand of Almighty God who gave it and my body to the earth to be interred in such manner as my Executor hereafter named shall think proper - and as relates to my worldly estate or effects which I may be possessed of at my death, I will and dispose of in the following manner (to wit) First my will and desire is that my Executor herein after to be named and appointed pay all my just debts if any exist and also to have my graveyard railied (?) in and to pay the cost of the same before there is any division of my effects. Second I will and bequeath to the bodily heirs or orphans of my grand Son Henry T White late of Franklin Co and State of Virginia deceased Five Hundred and Thirty Dollars and Forty two cents it being their proportional part of the sale and division of my property that was sold and divided in December last, which effects is now in the hands of my attorneys in fact Stephen White and Henry T Smith and I do further will and bequeath unto the said orphans or bodily heirs of my said deceased grandson Henry T White the one Sixth part of my whole estate that has not been sold and previously divided or retained by my attorneys in fact for division. Third I will and bequeath unto my grand Daughter Martha H Bennett formerly Martha H White the one sixth part of my whole estate that has not been sold and previously divided or retained by my aforesaid attorneys for division during her natural life and then to be divided equally between her bodily heirs as hereafter named, which said sixth part I will and desire that my Executors hereafter named and appointed take in trust and hold and keep in their possession as trustees of the said Martha N Bennett and to pay over to her the interest of said effects or money yearly and every year during her life and provided her youngest child is of age at her death then the said effects or money to be equally divided between all of her bodily heirs share and share alike, and provided her youngest child is not of age at the death of my said grand Daughter Martha N Bennett then and in that case my Executors and trustees in fact of the said Martha N Bennett to keep in their possession the said sixth part of my estate until the youngest child of the said Martha N Bennett shall become of age or until there shall be a legal guardian or guardian appointed for the children of the said Martha N Bennett that may be under age at her death and provided my Executors hereinafter should wish to get that of the management of the said share of the said Martha N Bennett then and in that case my Executors and the said Martha N Bennett shall mutually agree on some fit and proper person to take charge of the said sixth part of my estate willed to her and they be governed by the above instructions to my Executors, provided they shall not make choice of Willis H Bennett the husband of the said Martha N Bennett for it is my will and desire that the said Willis H Bennett Shall not have any controll over the effects that I give to my said grand Daughter whatever neither is it to be subject to any debts that are now standing against the said Willis H Bennett or any debts that may hereafter come against him and for this provided my Executors and the said Martha N Bennett should think it best and most beneficial for the said Martha N Bennett they may purchase a negro or other property with the said legacy bequeathed to the said Martha N Bennett and my Executors to make such Titles as will secure the property of the said Martha N Bennett during her lifetime and then the titles to be vested in her bodily heirs share and share alike. Fourth I will and bequeath unto my Daughter Elizabeth Smith formerly Elizabeth White the one third part of my whole estate which is yet to be divided and also one old Negro woman named Selia to be kept and supported by my said Daughter. Fifth I will and bequeath unto my Daughter Lucy White formerly Lucy White the remaining third part of my whole estate which is yet to be divided and also one old Negro woman named Isabell to be kept and supportd by my said Daughter. Sixth I do hereby authorize and appoint Stephen White and Henry T Smith my Executors to carry this my last will and testament into effect. In witness whereof I have hereinto set my hand and seal this the Fourteenth day of May in the year of our Lord One Thousand Eight hundred and Forty Two. Signed: Henry P White (his mark) Seal. Signed Sealed and acknowledged In presents of us. Richard B Gholston Benjamin F O'Kelley John Wood Court of Ordinary September Term 1842. Personally appeared in open court Rich B Gholston and after being duly sworn saith that he saw Henry P White the testator of the within will sign seal and publish the foregoing instrument of writing to be his last will and testament and that he believed the testator was at the time of publishing the same of Sound mind and memory and that he saw Benjamin F O'Kelley and John Wood sign the same with this are proven as witnesses. Signed: Rich H Gholston Sworn and Subscribed This 5th day of September 1842 James Long I I C This written will being duly proven in open Court It is therefore ordered to be Recorded Attest Rich B Gholston C C O Recorded the 23rd day of September 1842 Rich B Gholston C C O