Madison County GaArchives Wills.....James Towns April 18 1839 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jimmie Boyett jimmie@jboyett.com October 23, 2003, 3:59 pm Source: Microfilm, Georgia Archives Written: April 18 1839 Recorded: January 9 1844 State of Georgia In the name of God Amen. I James Towns, of the County of Madison and state aforesaid, being in good health of body and of sound and disposing mind and memory do make and publish this my last Will and Testament. 1st I give and bequeath, under the following conditions and restrictions, the whole of my Estate both real and personal except my negro man named Sandy, to my children and grand children to be equally divided between those now living and the children of those dead so that the grand children shall only be entitled to the share of their parents and that the notes, with interest thereon due by my children whether living or dead. Though the same shall be barred by lapse of time, shall be taken and considered as apart of my Estate and shall be deducted from the share of those of my children who may indebted to me by said notes. 2nd I give and bequeath to my sons John W. Towns, Willis Towns and Benjamin Towns their shares of my estate absolutely:--but the shares of the children of my son Drury Towns deceased: and of the children of Elizabeth Matthews deceased the wife of Phineas Matthews I leave to my sons John W. Towns and Benjamin Towns in trust for the use and benefit of said children. 3rd I give and bequeath to the said John W. Towns and Benjamin Towns the share of my daughter Martha Williford to be held for her sole use and benefit, and not to be under the control or direction of her husband Samuel Williford. 4. I give and bequeath to the said John W. Towns and Benjamin Towns the share of James Towns for the use and benefit of his children and not to be subjected to the payment of the debts of the said James Towns. 5. My negro man Sandy is to remain with and to serve my sons John W. Towns and Benjamin Towns requesting them to protect him and to use him kindly in consideration of his faithful services to me. 6. I do hereby constitute and appoint my sons John W. Towns and Benjamin Towns executors of this my last Will and testament In Witness whereof I the said James Towns have to this my will and testament set my hand and seal this eighteenth day of April in the year eighteen hundred thirty nine. James Towns Signed, sealed and published and _______ by the said James Towns as his last will and testament in the presence of us who in his presence and at his request have _______ names as witnesses. John Kirkpatrick Charles Kenney Ed Harden Georgia Madison County Inferior Court sitting for Ordinary Purposes. In open Court Personally appeared John Kirkpatrick who being duly sworn saith that he saw James Towns sign the above instrument for the purpose therein named declaring it to be his last Will and Testament and that he believed the said James Towns at the time to be of sound and disposing mind and memory that this deponent signed the same as a witness and saw Charly Kenney & Ed Harden do so likewise. Sworn & subscribed to in open Court this 8 Jany 1844 John Kirkpatrick Jona: Sanders C. C. O. Recorded this 9th January 1844. Jona: Sanders C. C. O. This file has been created by a form at http://www.poppet.org/gafiles/ File size: 3.6 Kb