Will of Daniel Ponder, Monroe Co. GA. From: Meredith Clapper Will of Daniel Ponder, book C, p 28-36, Monroe Co., GA In the name of God, amen, I, Daniel Ponder of the County of Monroe and State of Georgia being of sound and disposing mind and memory, and being desirous to settle my worldly affairs while I have strength so to do, do make and publish this my last will and testament, hereby revoking all wills, by me at any time heretofore made. and first I commit my soul to God, who gave it, and my body I desire to be buried in a Christian manner, according to my circumstances, and my worldly estate I dispose of as follows: Item 1st. I direct that all my just debts be paid. " 2nd. I do loan and bequeath to my beloved wife Elizabeth Ponder, during her natural life or widowhood two lots of land known as lots number (255) two hundred and fifty five and (226/ two hundred and twenty six being in the original sixth district of Monroe County, to have and to hold said lots or land during her natural life or widowhood, but if she should choose to marry then her right and title to the above named land to forever cease with this reserve that no more land be shared? on said premises during her life or widowhood, except for repairs and firewood. I do also loan to my wife Elizabeth Ponder my carriage and three mules of her own choosing and also as much household and kitchen furniture as she may choose to be adjudged by herself and my Executors. also one wagon and gear, one cart and oxen and plantation tools, sufficient for a plantation of that size and as many cattle and hogs as will be suffient for a farm of that size to be adjudged by my Executors. also one _____ _____ sufficient to support a family of that size and five hundred __ ___ ___ currency to be used for necessary expenses to or adjudged by her trustee, wherein I do hereby appoint to wit: Amos W Ponder. Item 3rd. In the event that negroes are returned to slavery again I give and bequeath to my wife Elizabeth Ponder for and during her natural life or widowhood Farron and his wife and all their children, also George? and Amy and their two youngest children, and as many others out of the twenty four not heretofore disposed of by me, if not returned to slavery and compensation be made by government for them, then my wife Elizabeth Ponder to have as much of said compensation as she choose to be managed by her trustee for her benefit and use during her natural life or widowhood at her death or marriage to revert back to my estate, to be disposed of or hereafter mentioned. Item 4th I further direct that if my wife should choose to marry again, that she is to have ___ five hundred dollars, above named with two beds and steads one bureau and two chests, one set china two tables, all the other above named property to revert back to my Estate, except the two lots of land above named, that to be the property of my son William Peter Ponder, as hereinafter named but in the event my wife should _____ to take ad___ on my lands, then in that instance she is to have no more of my estate but the former. Item 5 I have heretofore given to my children by my first wife to wit: Agnes M. Clower, Jane L. Watson, Peggy Ann C. Greer, Mary M. Watson, Martha F. Jacob and Elizabeth S. Willis, these ____ distributive share of my estate, according to disinterested appraisers in the year 1849, but as I have prospered since I now give Agnes M. Clower and Peggy Ann C. Greer one lot of land on which I hold a quit claim title it being in the sixth district originally Appling County, containing four hundred and ninety acres, I also give to Richard G. Watson sixty six and two thirds acres of land being and lying in the seventh district of Carrol County, originally being one third of lot number forty five in said district. I also give to Mary M. Watson, Rufus H. Watson's notes amounting to about one hundred and ninety dollars. To Martha F. Jacob I give all the notes and executions I hold against Thadeus A. Jacob without any recourse ____ on my estate. I give to Elizabeth L. Willis one hundred and fifty dollars. My daughter Nancy M. Hansford has received out of my estate twenty five hundred and forty five dollars in land and other property. Amos M. Ponder handed out of my estate thirty seven hundred and twelve dollars in land and other property, John L. Ponder has received forty six hundred and fifteen dollars in lands and other property. James M. Ponder has received twenty four hundred and thirty dollars in land and other property. Ella Ponder has received eight hundred and ten dollars in land. Emma Ponder has received twelve hundred and fifteen dollars in land. My son William P. Ponder has received fourteen hundred and twenty five dollars in land. Item 6th I further direct at the death or marriage of my wife that William P. Ponder shall have the two lots of land loaned, they being numbers two hundred fifty five and two hundred and twenty six in the sixth district of said county, containing four hundred and five acres, also a lot of land number two hundred and twenty five containing one hundred and seventy five acres, these lands I price at five dollars per acres being encumbered with my wife's life estate or her widowhood, he accounting for the price set on said land on the division provided for in the next item of this my will. Item 7th I further direct at my death all ___ monies on hand to be applied in making up the children of my last wife, Elizabeth Ponder equal with each other, including the property heretofore given to each of them, according to my valuation. Item 8th I further direct that all my negroes not herein disposed of should they be returned to slavery to be divided equally between the children of my last wife, or should renumeration be made in lien then it to be divided so as to make the children of my last wife share equally including the property heretofore given them. Item 9th I further direct that all my property lend (sic) to my wife, for and during her natural life or widowhood not needed for the use of my wife or family except the land given to my son William P Ponder that she have the priviledge my executors concerning of returning it to my executors to be sold or divided between her children. Item 10th I further direct that my executor see that all of my last wife's children be made equal out of the property not heretofore disposed of accourding to the price of the property herein valued by me and that each have their shares of my estate. I further direct that the distributive share of Nancy M. Hansford, as mentioned in item 7th be received in trust for her use, during life and at her death to her children equally to be divided among them, and I hereby appoint George W. Hansford her trustee. I also direct that the property mentioned in item 7 th going to make the children of my last wife equal to be received by Emma Ponder and Ella Ponder as trust property and request the Superior Court to appoint each of them trustees and respectfully ask the Court to appoint my two sons Amos M. and John L. Ponder their trustees. Item 11th I hereby appoint Amos M. Ponder, Peter McMickle and John L. Ponder my Executors with the full intent that they carry out my will. Item 12th In the even my son William . Ponder not having received an education equal to my other children desires a better education he shall be entitled to the tuition of one term or two terms if he so elect out of my estate board included. In witness whereof I the said Daniel Ponder to this my will, consisting of the foregoing five pages have set my hand and seal this 14th day of November 1866. Signed, sealed published Daniel Ponder and declared by the above named Daniel Ponder as his last will and testament in presence of us who at his request, in presence of each other have subscribed our names as witnesses hereto. D. G. Procter S. T. Wilder Jesse Aycock R. G. Anderson Georgia Monroe County} Court of Ordinary, January Term 1868 Personally came in open court at the regular January Term thereof in the year 1868 for the purpose of proving the last will and testament of Daniel Ponder decd late of said county deceased the witness thereto to wit: Daniel G. Procter, Solen F. Wilder, Jesse Aycock and Robert G. Anderson, the said will having been brought into court and propounded for probate in solemn form by Amos M. Ponder Peter McMickle and John L Ponder, the executors named who have filed a petition for probate of the same in solemn form said witness being duly sworn depose and say that they saw said Daniel Ponder sign seal and publish the same as his last will and testament on the day and year then stated as executed by him that they witnessed the same at his request in his presence and inpresence of each other, that he executed the same freely voluntarily & without compulsion, and at the time of the execution of said will said Daniel Ponder was of sound disposing mind and memory. sworn to and subscribed D. G. Proctor in open court, this 6th S. F. Wilder day of January 1868 Jesse Aycock R. G. Anderson O. Morse, Ordinary We do solemnly swear that this writing and the codicil thereto annexed contain the true last will of this written named Daniel Ponder deceased so for as we know as ____ and that we will well and truly execute the same in accordance with the laws of this state so help us God. Amos M. Ponder sworn to and subscribed in Peter McMickle open court this 6th day of John L. Ponder January 1868 O. Morse ordinary Georgia, Monroe County} I Daniel Ponder of the County of Monroe and state aforesaid, being weak in body but still of sound and disposing mind and memory, having heretofore, to wit: written fourteenth day of November eighteen hundred and sixty-six signed sealed published and declared in presence of D. G. Proctor, S. F. Wilder, Jesse Aycock and R. G. Anderson as witnesses my last will and testament, now as further changes in my property since that times and disposal of my property since that time, make it necessary and proper that I should change certain items & portions of my last will, I do therefore for that purpose sign seal publish & declare this as a codicil to said last will and testament, hereby revoking only so much of said will as may be inconsistent with this codicil. Item 1st In the fifth item of said will I declare that James M Ponder had received twenty four hundred and thirty dollars in land and other property, I now declare that he has received instead of said sum, the sum of three thousand dollars in land and other property and which he is to account for in the final distribution, as provided for in my will. Item 2nd In the fifth item of my said will, I declared that Ella Ponder had received eight hundred and ten dollars in land and Emma Ponder had received twelve hundred and fifteen dollars since that time, by deed I have given and conveyed Ella Ponder and Emma Ponder the two lots number two hundred and twenty three and one hundred and ninety four, valued at twenty four hundred dollars, I now therefore declare that Ella Ponder has received instead of the sum mentioned in my will of land two thousand and five dollars and that Emma Ponder has received twenty four hundred and fifteen dollars and which sums are to be received against them in the distribution of my estate as provided for in my will. Item 3rd In the sixth item of my will I desired that at the death or marriage of my wife, that William P Ponder should have the two lots of land two hundred and fifty five and two hundred and twenty six in the sixth district of said County. also lot two hundred and twenty five, containing one hundred and seventy five acres. Now my will and desire is to change said item so far as to give of lot two hundred & twenty five all that portion of said lot lying east of Horse Creek containing one hundred and twenty five acres more or less to George W. Hansford in trust for the sole and seperate use of my daughter Nancy M. Hansford during her life and at her death to her children, which land so given to her will at the price five dollars per acre make the sum when added to what I have declared in my will as heretofore given her make the sum of three thousand one hundred and seventy dollars to be received against her in the distribution of my estate as provided in my will. Item 4 I further direct that the sixth item of my will as to the two lots of land given at the death or marriage of my wife to William P Ponder to wit number two hundred and fifty five and two hundred and twenty six ____ing so as to read as follows at the death or marriage of my wife I give and bequeath to William P Ponder the two llots of land two hundred and fifty five and two hundred and twenty six in the sixth district of said county but if he should die without leaving wife or child or children surviving him then said land is to revert and become the property equally of his brothers and sisters of the whole blood, In witness whereof I the said Daniel Ponder to this a codicil to my last will and testament of the day and date aforestated, have set my hand and seal this the first day of January 1867. Daniel Ponder signed, sealed published and declared by the above named Daniel Ponder as a codicil to his last will and testament of date the 14th day of November 1866 in presence of us who at his request in presence of each other have subscribed our names as witnesses hereto this 1st January 1867. A. P Hammond R. G. Anderson Alex M. Sheen Georgia, Monroe County} Court of Ordinary January Term 1868 Personally came into open court at the regular January term thereof, in the year 1868 for the purpose of proving the codicil to the last will & testament of Daniel Ponder, late of said county decd. the witnesses to said codicil to wit, A P Hammond, Robert G. Anderson and Alexander M. Speer the said will and codicil having been brought into court and propounded for probate in solemn form by Amos M. Ponder, Peter McMickle and John L Ponder the Executors named in said will who have filed a petition for probate of the same in solemn form, siad witnesses being duly sworn depose and say that they saw said Daniel Ponder sign seal and publish said codicil, as the codicil to his last will and testament on the day and year in said codicil stated, as executed by him that they witnessed said codicil at his request in his presence, and in the presence of each other-that he executed said codicil freely voluntarily & without compulsion and at the time of the execution of said codicil said Daniel Ponder was of sound disposing mind and memory. sworn to and subscribed in open court this 6th day of January 1868} Alexander Speer A D Hammond R. G. Anderson ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Meredith Clapper ====================================================================