Monroe COUNTY GA Wills -Gibson, Churchill 1838 File contributed for use in USGenWeb Archives by Larry C. Comer LComer@houston.rr.com http://files.usgwarchives.net/ga/monroe/wills/church.txt LAST WILL AND TESTAMENT OF CHURCHILL GIBSON - 1838 Monroe County, Georgia Will Book A, pages 126-128 Office of the Probate Judge of Monroe County, Georgia Georgia } Monroe County } I Churchill Gibson being of sound and disposing mind and memory, do make publish and declare this for my last will and testament Item 1st. I direct that all my land be sold upon three equal anual instalments and all my perishable and personal property of every kind, except my negroes, be sold upon a credit of twelve months and that my bank Stock be be sold to the highest bidder for cash in the city of Macon Sixty days notice thereof being given in one of the Publik gaz ettes in that place and I further desire that small notes with approved security bearing interest from sale, if not punctually paid be required for all my property which may be sold on a credit. Item 2nd. I will and direct that five persons be appointed by the court or ordinary to appraise my negroes and divide them by lot in parcels of as equal value as possible between my wife Frances Gibson whose share is bequeathed to her during her natural life and my following named children vix, Emily Frances Gibson, John Troup Gibson, Mary Antoinette Gibson, Frances Ann Gibson, Martha Ann Eliza Gibson, Thomas Jeptha Gibson and Brantly Gibson, and that the net proceeds of the sale of my property above directed to be sold together with the money on hand and debts due at my death be equally divided between my wife and children before named in such manner as to make the distributive Share of each in negroes and money equal, and as before directed, the negroes and money bequeathed to my wife are to be hers during her natural life and at her death to be equally divided together with the natural increase of the negroes between my children before named or their survivors. Item 3rd. I direct that my Daughters Emily F. Gibson Mary A. Gibson, Frances A. Gibson, Martha Ann E. Gibson and Ann Brantly Gibson, be paid their legacies whenever they marry, oras they respectively arrive at the age of twenty years, and my sons John F. Gibson and Thomas J. Gibson Shall be intitled to their legacies when they respectively attain the age of twenty years. Item 4th. In the event of the death of either or any of my children above named before marriage or arriving at the age of twenty years, it is my will and desire that the share or shares of each as may so die shall be equally divided between the survivors. Item 5th. I hereby nominate and appoint the persons herein after to be named as my executors to act as guardians for my children until they shall respectively become entitled to their Legacies as before directed and it is particularly enjoined upon them to attend to the education of my children and keep them at school as long as practicable. Item 6th. The property which I have heretofore given to my sons Henry Gibson and Allen Gibson and my daughters Epsey Reynolds and Elizabeth Randle shall constitute their shares in full of my estate. Item 7th. I hereby nominate and appoint my son Allen Gibson and my friend Reuben Wright Executors to this my last will and testament. Signed, Sealed, published and } declared in the presence of us and } attested by us in presence of the } testator & at his request and in } Chu. Gibson (Seal) presence of each other this } eighth day of October 1838 } Elbridge Cabaniss } Reuben Wright } James W. Knott } Georgia } Monroe County } Personally came before us Decker F. Walker and Thomas W. Oneal Justices of the Inferior Court of said County Reuben Wright and Elbredge G. Cabaniss two of the subscribing witnesses to the foregoing will and being duly sworn depose and say they saw Churchill Gibson sign seal publish and declare the foregoing as and for his last will in presence of deponents and in presence of James W. Knott. That deponents attested said will in presence of said Churchill Gibson and at his req uest and in presence of each other and of James W. Knott that said James W. Knott attested said will in presence of said Churchill Gibson and at his request and in presence of these deponents That said Churchill Gibson at the time of the Execution of said will was of sound disposing mind and memory, and that he executed the same freely voluntarily and without compulsion. Sworn to and subscribed before us this 19th day of November 1838 D. F. Walker JIC } Reuben Wright Tho. W. Oneal JIC } Elbredge Cabaniss Georgia } Monroe County } Court of Ordinary, January term 1839 The foregoing last will and testament of Churchill Gibson deceased having been proven during the vacation of the court before their Honors Thomas W. Oneal and Decker F. Walker two of the Justices of said Court upon the oaths of Reuben Wright and Elbredge G. Cabaniss two of the attesting witnesses of said will, and said will at this regular term of the court being presented for record by Reuben Wright one of the Executors therein named. It is ordered by the Court that said will be admitted to record and that letters testamentary be granted to said Reuben Wright. Georgia } Monroe County } I Reuben Wright do solemnly swear that this writing contains the last will of the within named Churchill Gibson deceased as far as I know or believe & that I will well & truly execute the same by paying first the debts & then the legacies contained in the said will as far as his goods & chattels will hereunto extend & the law charge me, and that I will make at true & perfect inventory of all such goods & chattels so help me God. Sworn to to & subscribed in open court This 7th day of January 1839. E. G. Cabaniss CCO Reuben Wright ************************************************************************** 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. This file was contributed for use in the USGenWeb Archives by: Larry C. Comer LComer@houston.rr.com *********************************************** ************************************************************************** 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. This file was contributed for use in the USGenWeb Archives by: Larry C. Comer LComer@houston.rr.com