Wills:  Morgan County Last Will and Testament of Zachariah Fears 
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Last Will and Testament of Zachariah Fears
State of Georgia
Morgan County

I Zachariah Fears of the County and State aforesaid, being of sound mind 
and disposing memory do make, publish and declare this my last will and 
testament hereby revoking all former wills and other testamentary papers 
by me heretofore at any time executed.

Item 1: I desire my body to be buried in a decent and Christian like 
manner.

Item 2: I desire that all of my just debts be paid, as soon after my 
death as may be convenient to my executors hereafter named.

Item 3: I give and bequeath unto my son Jesse W. Fears the silver watch 
I have been accustomed to wear. Also the following negroes, to wit, 
Lewis valued at one thousand dollars, Harriett a girl valued at eight 
hundred dollars, Susan a girl valued at five hundred dollars, all of 
which save said watch together with the one thousand dollars to him 
heretofore advanced by me are to be by him accounted for according to 
the foregoing valuation and deducted from his share upon the final and 
general distribution of my estate.

Item 4: I give and bequeath unto my son John H. Fears, my rifle, also 
the following negroes heretofore by me loaned to him and now in his 
possession, to wit, Hampton valued at eight hundred dollars, Clary 
valued at five hundred dollars, Robert valued at four hundred dollars, 
Amis valued at three hundred dollars, Frances valued at one hundred 
fifty dollars and also one wagon and two mules valued at one hundred 
fifty dollars, all of which said property save said rifle together with 
the one thousand dollars by me heretofore advanced to him are to be by 
him accounted for according to the foregoing valuation and deducted from 
his share upon the final and general distribution of my estate.

Item 5: I give and bequeath to my son James T. Fears the following 
negroes, to wit, Washington valued at twelve hundred dollars, Judy ____ 
valued at eight hundred dollars and Foster a boy valued at four hundred 
dollars. All of which property together with the one thousand dollars by 
me heretofore advanced to him he is to account for according to the 
foregoing valuation and the same is to be deducted from his share in the 
general and final distribution of my estate.

Item 6: I give and bequeath my daughter Margaret A. Martin, wife of 
Felix B. Martin, her sole and separate use free from the debts and 
liabilities of her present or any future husband during her natural life 
and at her death to her children, the following negroes, to wit, Hiram a 
man valued at twelve hundred dollars, Amanda a girl valued at eight 
hundred dollars, Fanny valued at four hundred dollars, also eight 
hundred dollars in cash to be paid to her as soon as may be convenient 
to my executors after my death all of which property together with two 
hundred dollars worth by me heretofore advanced to her is to be by her 
accounted according to the foregoing valuation without interest on said 
money and deducted from her share at the final and general distribution 
of my estate.

Item 7: I give and bequeath to my son Henry Clay Fears one thousand 
dollars in money and twenty three hundred dollars in negro property, 
said money and negroes to vest in him only at his maturity and then to 
be delivered to him by my executors, said negoes to be selected by my 
wife and to be appraised by three appraisers, one to be selected by my 
executors, one by the said Henry Clay Fears and the third by the two so 
selected. All which said money and negroes so appraised shall be 
deducted from his share at the final and general distribution of my 
estate, it is my intention that he receive no hire for the negroes until 
he arrives at age or any interest on the money.

Item 8: I give and bequeath unto my two daughters Eugenia A. and 
Cornelia A. Fears respectively at their respective maturity or marriages 
each twenty three hundred dollars in negroes to be selected and 
appraised in the same manner as directed in the foregoing terms relative 
to my son Henry C. Fears, also one thousand dollars to each respectively 
from time to time as their wants may require and as my executors may 
deem proper and without injury to my estate. No interest to be charged 
said fund in the event it is not paid over immediately upon the marriage 
or maturity of said daughters respectively. Said negroes and money not 
to be delivered until said respective marriages or majorities and at 
which time only the titles to said property is to vest in my said 
daughters free from the liabilities, debts or control of any of their 
future husbands for all which property and money they are to account and 
the value thereof is to be deducted from their respective shares upon 
the final distribution of my estate.

Item 9: All of my estate real and personal except as hereinafter 
excepted and exempt as herein before specifically bequeathed, I desire 
to be left together and managed by my executors during the lifetime of 
my wife Elizabeth Fears and in case of her death until the majority of 
my youngest son Henry Clay Fears during all which period the same is 
taken chargeable with the support and maintenance of my said wife and 
our minor children Eugenia A., Cornelia A. and Henry C. Fears and also 
the education of said children. And at the death of my said wife or 
should she die before the majority of the said Henry C. then at his 
majority all my personal property and real estate as hereinafter 
exempted I desire it to be sold and the proceeds together with my 
negroes not before specifically bequeathed to be equally divided amongst 
my children each one accounting for his or her specific legacy or 
advancement as hereinbefore directed and each daughter receiving here 
share in Trust for her sole and separate use free from the debts, 
liabilities or control of them or their present or future husbands; 
provided nevertheless that my wife who is also hereinafter nominated 
Executrix may at her option advance to any or each of my children at any 
time any negoes or money not exceeding in value such childs share in my 
estate, each daughter so advanced receiving such advancements upon the 
same trust and conditions as _____ under this will attach to her entire 
share in my estate. And each child so advanced to receipt to my 
executors for such advancement and the same to be deduced from his or 
her share on final division provided also upon the marriage of said 
minor children or either of them, the support and maintenance of each 
such child so marrying shall cease to be a charge upon my estate as 
before willed.

Item 10: I hereby authorize my executors to sell my lands in the state 
of Alabama in such manner as they deem best or if they see proper to 
continue to cultivate or to rent the same.

Item 11: I hereby nominate Felix B. Martin trustee for my daughter 
Margaret A. Martin to reserve and as trustee to manage the property in 
this will bequeathed to her for her sole and separate use during her 
life and at her death to pay over the same to her children in fee 
according to the Trusts herein created.

Item 12: I hereby nominate and appoint my son Jesse W. Fears Trustee for 
my daughters Eugenia A. and Cornelia A. Fears to reserve and trustee to 
manage and control the property herein bequeathed to them respectively 
for their respective sole and separate uses free from the debts, 
liabilities and control of their or either of their husbands for and 
during their respective lives, and at their death or deaths to turn over 
the property of such ________ to her or their children respectively in 
fee.

Item 13: I hereby nominate and appoint my son Jesse W. Fears and my wife 
the said Elizabeth Fears Executor and Executrix of this my last will and 
testament. And I also nominate and appoint them guardians of my minor 
children aforesaid. In testimony whereof I have hereunto set my hand and 
affirmed my seal, published and declared this to be my last will and 
testament on this the 16th day of April 1851.
                                        Zachariah Fears 

Signed, sealed, published and declared by said Zachariah Fears on the 
day and year last aforesaid in the state and county first aforesaid as 
his last will and testament he signing and sealing the same in our 
presence and we attesting the same in his presence and in the presence 
of each other.
Isham S. Fannin 
Porter H. Campbell
John W. Porter