MONROE COUNTY, GA - WILLS Collier, Cuthbert ***************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm *********************** This file was contributed for use in the USGenWeb Archives by: Troy Colquitt Will of Cuthbert Collier Will Book A pages 231, 232, 233 & 234 Monroe County, Georgia, 1845 (page 231) Georgia ] Monroe County ] I Cuthbert Collier of the State and County aforesaid, being of sound and disposing mind and memory do make Publish and declare this my last will and Testament in manner and form following. That is to say 1st I will that my just debts be paid by my Executors herein after named out of such funds or property as they may think fit and proper. 2nd I will and bequeath unto my sons Dickey W. Collier and Marlin T. Collier an equal share each of all my property and effects except my land of which or the proceeds of which they are to receive no part whatsoever. 3rd I will and bequeath unto my beloved wife Rebecca and my children Sarah West, John T. Collier, Pleasant Collier, Benjamin Collier, Elizabeth Collier, Robert Collier and Isaac Collier and to my other child or children that I may have hereafter have born all my Land of which I may due seized and possessed to be equally divided between them Share and share alike subject never the less to be sold as hereinafter directed, and if other land should be purchased such land to be equally divided among my wife and children in this clause mentioned, and I further will and bequeath to my wife and children herein mentioned an equal share each of all the residue of my property with my son Dickey W. and Marlin T. Collier and as my sons Dickey W. and Marlin T. Collier and my daughter Sarah West have each received a bed and furniture. I will that each of my other children receive a bed and furniture So as to make them all equal; and as my Daugher Sarah West has received a negro woman by the name Amaka of the value of one thousand dollars and a mare of the value of one hundred dollars I hereby direct that said amount of eleven (page 232) hundred dollars be counted as part of her share of my estate. I further direct that all of my said property be kept together for twelve months after my death or longer if my executors should think fit and after the expiration of twelve months or other time that my Executors may think proper to keep any property together my sons Dickey W. Collier and Marlin T. Collier and daughter Sarah West are to have their shares assigned them by commissioners to be appointed by the Court of Oridnary of said county and each of my other daughters as they marry are to have their shares assigned as before directed, and to my other sons as they arrive at the age of twenty one years. My Executors are to have assigned one half of their respective shares or more if my executors should think necessary, and the remainder of their respective shares as they marry. I leave it discretionary with my executors to sell my land if they think it necessary, and purchase other land for the use of my family, and to sell any part of my personal property which they may think it necessary to be disposed of and to purchase whatever they may think The interest of my estate while kept together may require. None of my children are to pay board or other charges but all to live together until their shares are assigned as before directed. My wife's share to remain unassigned until the last of my children shall arrive at age or marry. She Supporting on the same in the mean time free of any charges, and at the death of my said wife, her share to go to my son Isaac Collier, and if he should not be living then to be equally divided between my other children except Dickey W. and Marlin T. Collier who are to have no part of my wife's share. 4th I hereby constitute and appoint my son Dickey W. Collier and my nephew Hardaway Collier Executors to carry into effect this my last Will and Testament and also my son John Thomas Collier an executor after he arrives at age. Given under my hand and seal this 1st Day of June -1838 Signed Sealed Published and ] Cothbert Collier [LS} Declared in presence of ] Elbridge G. Cabaniss ] H.H. Lumpkin ] James L Alexander ] Georgia ] Monroe County ] I Culbert Collier of said State & County do Make publish and declare this Codicil to my foregoing last will & testament Item 1st It is my will and desire that my daughter Sarah (page 233) West be excluded from any share of my land as directed in my aforesaid will, and that she receive only such a share of my estate as is bequeathed to my sons Dickey W. & Marlin T. Collier & that my land or the proceeds of it be divided amongst my remaining children as before directed Item 2nd I give and bequeath to my son Isaac Collier a negro boy by the name of Clayton over & above an equal share of my estate. Given under my hand & seal this 17th day of July 1843 Signed Sealed & Published ] In presence of ] Cuthbert Collier (L S) Elbridge G. Cabaniss ] Mitton J.C. Brown ] James Anthony ] Georgia ] Monroe County ] Before us Daniel Sanford & David Ogletree two Of the Justices of the Inferior Court of said County. personally came Elbridge G. Cabaniss one of the subscribing witnesses to the foregoing Will & being duly sworn deposeth & saith that he saw Cultbert Collier sign, seal, publish & declare the same for his last will & testament that desponent at the request of the Testator & at his request & in presence of Henry H. Lumpkin & James L. Alexander attested said Will as a witness, & that said Henry H. & James L. Alexander at the request of said Testator & at his request & in presence of each other of this desponent attested said Will as witnesses & that the Testator at the time of the execution of said will was of sound disposing mind & memory & that he executed the same freely voluntarily & without compulsion. Sworn to & subscribed before us This 11th day of June 1845 Elbridge G. Cabaniss Daniel Sanford J.I.C. David Ogletree J.I.C Georgia ] Monroe County ] Before us Daniel Sanford & David Ogletree two of the Justices of the Inferior Court of said County personally came Elbridge G. Cabaniss & James Anthony & being duly sworn desposed & say they saw Cuthbert Collier sign, seal publish & declare the fore going Codicil to his last will & testament, that they in the presence of Testator & at his request & in presence of each other attested said Codicil as witinesses & that Mitton J.G. Brown in the presence of Testator & at his request & in presence of deponents attested said Codicil as a witness & that said Testator at the time of the execution of said Codicil was of sound disposing mind & memory & that (page 234) He executed the same freely voluntarily & without Compulsion. Sworn to & Subcribed before us] This 11th day of June 1845 ] Elbridge J.C.Cabaniss Daniel Sanford J.I.C. ] James Anthony David Ogletree J.I.C. ] The last Will & Testament of Cuthbert Collier dec'd having been proven before their Honor Daniel Sanford & David Ogletree two of the Justices of the Inferior Court of Monroe County upon the oaths of Elbridge G. Cabaniss & James Anthony, two of the subscribing witnesses there to It is ordered by this Court that the same be admitted to record, and that letters testamentary be granted to Dickey W. Collier & John T. Collier two of the Executors in the above will named Georgia ] Monroe County ] We do solemnly Swear that this writing contains the true last will of the within named Cuthbert Collier dec'd so far as we know or believe and that we will well & truly execute the same by paying first the debts & then the Legacies Contained in said Will, as far as his goods & chattels will there unto extend & the law charge us, & that we will make a true & perfect inventory of all such goods & chattels & a true return there of when there unto required, so help us God. Sworn to & subscribed in ] Open Court this 7th day of July 1845 ] D.W. Collier E.G. Cabaniss C.C.O. ] John T. Collier (Compilers Note: Cuthbert Collier Married Nancy Dickey in Oglethorpe Co., Ga. 1803. Nancy Dickey's mother, Alice Towns was first married to John Dickey, she then married John T. Colquitt. Nancy Dickey Collier died in Oglethorpe Co., Ga. Before 1816, and Cuthbert Collier then married Rebecca Franklin in Oglethorpe Co., Ga., 1816. Hardaway Collier was the son of William Collier and a brother of John V. Collier)