Morgan County GaArchives Wills....Littleton T. P. Harwell, 8 November 1858 ************************************************ 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: Michael Flanagan and Polly Burnell paburnell@comcast.net Morgan County Will Book __ pages 288-295 State of Georgia, Morgan County} I LITTLETON T.P. HARWELL being of sound and disposing mind and memory to make publish and declare this my Last Will and Testament. Item 1st - I desire that my executors hereinafter named shall as soon as practicable after my death pay all of my just debts. Item 2nd - Item 3rd - My son LITTLETON MANSON HARWELL being in feeble health having been subject to epileptic fits inasmuch that I also don't trust his mental capacity at all times - in fact think him non comprehe_tes? at times - I therefore shall give him as for his use and benefit and enjoyment more of any property than any of my children - I give unto my brothers THOMAS B. and ISHMAEL F. HARWELL in trust to permit my said son MANSON to enjoy the entire use and benefit of the same during his natural life the following property to wit: My negro woman Agnes and her son Charles also Susan and her daughter Frances & the three children of Frances to wit Alfred Eliza & Bowson? also my body servant Billy. I desire that my said son shall keep my said negro wait on him except when either of my daughters MARY or LUCY may wish to use him as a carriage driver from time to time hereby directing that said man shall be held by my said son subject to such uses by my said daughters. I desire further that my said son shall hold said man subject payment by his said trustees annually during the life of Billy of ten dollars to said man that he may be supplied with such things as he may want to buy - The mules stock of all kind and perishable stuff of which my said son may have been using at my death. I give to said trustees for the same use all of the property mentioned in this item & so limited to said trustees - as well also as that which I shall hereinafter give to them for the use of my said son that which I shall give upon the same trust - I desire said trustees to hold at the death of my said son in trust to convey the same as follows to wit: a childs part if he should leave children during the life of his wife to her if he should so direct by his last will and testament. If he should leave no child or children but his wife surviving him then one half if he should so direct (Page 289) to his wife during life and the other half to my grandchildren per stirpes and not per capita - In the event first named to wit the death of my said son leaving children I direct and will that said trustees shall hold said property in trust to convey to each child or children only so much of said property and in such parts and proportions only as my said son shall direct and appoint by his last will and testament - in default of any appointment bequest or devise by my said son leaving a wife and children I direct that said trustees shall divide said property equally share and share alike between the wife of my said son and the said children - The childs part of my sons wife to be a life estate only - If my said son should die without a will leaving a wife but no children then I direct that said trustees shall turn over to her one half of said property for her life the other half to my grandchildren. Item 4th - I give to my son RINALDO PETERSON HARWELL my watch which I request him to keep so long as he shall live and give the same either to one of his brothers or if he should marry and have a son to his son - I give to ISHAM I/J FANNIN & JUNIUS MAYFIELD in trust to apply the proceeds of the same to the support and maintenance of my son RINALDO PETERSON HARWELL during his natural life the following property Twenty six hundred and fifty dollars worth of negro property as nearly alike in kind and description the negroes which I gave my daughter LUCY on her marriage as my executors can make them also a horse or mule worth sixty five dollars also two cows and calves a bed bedstead and furniture & bed clothes which property with the residuary interest hereinafter given to said trustees I give upon the _?_ aforesaid. And I further will and desire that whenever? during his said life my said son RINALDO PETERSON HARWELL shall by any ways or means whatsoever sell dispose of or encumber the right benefit or advantage he may have by virtue of the foregoing possessions, then I will and direct that {remainder of line and following line illegible} (Page 290) should so alienate or encumber the same the said trustee shall hold said property for the sole and separate use of any wife that he may have and for the support and maintenance of his children if he should have any and so long as he shall have neither wife nor children after such alienation I will and direct that said trustees shall hold the same in trust to accumulate the rents issue and profits of the same for the benefit of those who may be entitled to said property at his death or if said trustees shall choose to do so they may apply the whole or any parts of said rents issue & profits to the annual support of my said son but such application of the rents issues & profits I leave solely to their discretion. It is not intended to be imperative - At the death of my said son I will that said trustees shall hold the said property upon the same trusts? as are set forth in the item which precedes this relative to the property given subject to the appointment of my son MANSON without repeating - I will that my son PETERSON shall direct bequeath and appoint the property given to his trustees in the same way and in all respects I will and direct that the same estates shall arise? to to {sic} any wife or children of his in the same way and in the same event s applying all that is said of the property given to the trustees of MANSON after the death of MANSON to the property given to the trustees of my son RINALDO after his death. - The aires? {sic - heirs??} and children of each to take in the same events and in the same way and same estates, is the property in default of wills of each to go in the same way. Item 5th - I give to my brothers ISHMAEL F & THOMAS B HARWELL in trust to apply the proceeds of the same for the support & maintenance of my son LITTLE {sic} ISHMAEL HARWELL - whose name is improperly registered in my Bible LEWIS ISHMAEL HARWELL - during his natural life the following property to wit - Tom whom I value at twelve hundred dollars also Angy mother of Tom whom I value at four hundred and fifty dollars Emily Missouri a girl worth one thousand dollars also two cows and calves a bed bedstead & bed clothes and a horse or mule worth sixty five (Page 291) dollars & I also give said trustees in money one hundred dollars in lieu of household furniture. The foregoing property and also that which I shall give as residuary interest to said trustees for the said use of my said son LITTLEBERRY {sic} ISHMAEL I give to said trustees upon the same trusts in all respects as are more especially set forth in {sic} relative to the property given given {sic} to the trustees in the 4th item or section of this will - I mean to put my sons PETERSON & LITTLEBERRY {sic} ISHMAEL upon the same footing in all respects Imulatis Imetandis? {sic - a legal term in Latin?} - I direct that the provisions of the said item i.e. the fourth shall be the same which shall regulate the property set forth in this item. I direct that upon the alienation or encumbrance by my said son LITTLEBERRY {sic} ISHMAEL of the property in any way or by any means whatsoever as I directed in the 4th item - That said property then shall be held for such and similar uses as trusts as I therein directed to go at the death of my son LITTLEBERRY ISHMAEL in a similar way. Item 6th - I give to my brother ISHMAEL F HARWELL the following property to wit: a negro man named Will Early his wife Jennette & her two youngest children. I also give him one bed bedstead & bed clothes also a horse of mule worth sixty five dollars, one set of crockery two cows or calves & the privilege of taking such articles of furniture at my death as my daughter MARY may select - it being a privilege which I allowed my daughter LUCY on her marriage - The aforementioned property together with what I shall hereinafter give to my said brother for the use of my said daughter MARY E HARWELL I give to him for her sole and separate use free from the martial {sic - marital} rights of any husband whom she may marry during her natural life and in further trust at her death to convey the same to her child or children as she may have living at her death in such parts or proportions as she may by her last will and testament appoint of instrument? in the nature of the same - And in further trust to convey a childs part as share of said property to such husband as she may leave her surviving and in case of (Page 292) her leaving a husband surviving her, but no child or children, then in trust to convey one half of such property to her husband and in either event said conveyance is to be made only if my said daughter shall in such will as she may make so appoint. But if my said daughter should die without making a will, then in trust, to convey the same to her children if she should have such share & share alike - but if she should die leaving no child children or issue but a husband surviving her and die without a will then in trust to convey one half of said property to said husband & the other half to my grandchildren per stirpes & not per capita. Item 7th - I direct that my executors shall lay off about my residence so as to include the same about one thousand acres of land which I wish? so done as to make a good plantation which I give to in trust to permit my son MANSON to enjoy as long as he shall live unless the said trustees & my said son shall think it best and most conducive to his interests to get another place in which event I wish one half the proceeds to said thousand acres which I wish to be then sold - to go to said trustees upon the same limitations conditions & trusts as are more particularly set forth in the third item of this my will - If it should be thought best by the said trustees & my said son that he should remain upon the place, that is the plantation to be laid off I direct & will that my daughter MARY shall have the privilege of living with my said son without the payment of board so long as my said son shall live upon the said place and my said daughter shall remain single. - At the death of my said son if up to said period should have lived upon the place I desire that said land be sold and half of the proceeds go as? the? other property given to the trustees of my said son at his death and the other half to the trustees of my other children to be held as herein before directed and to __ already prescribed in the preceding items. In the event of the sale o the place before the death (Page 293) of my said son I direct that half of the proceeds go also to the Trustees of my other children to be held as herein before set forth for each child. Item 8th - Having already advanced my daughter LUCY wife of SEABORN WALKER to the amount of Twenty six hundred & fifty dollars in property and having endorsed in this my will to bring up my children RINALDO PETERSON, LITTLEBERRY ISHMAEL & MARY to an equal footing in respect to the property, which on different conditions trusts or limitations I have herein before provided for their benefit use and advantage. I now will and direct that all the rest of my property - except Judy commonly called Monk whom I desire to go to the trustees of my said son MANSON as I will hereinafter set forth - shall be equally divided into five equal lots or shares as I will and direct - that the shares which shall be allotted to my daughter LUCY shall be for her sole and separate use free from the marital rights of her present or any future husband and that her husband shall act as trustee to hold the same as above directed, that he shall hold the same in all respects upon the same terms limits & conditions as I prescribed for the property given to the trustees of my daughter MARY - The other shares I will and desire to go over to the trustees of my son LITTLETON MANSON on the terms limits & conditions prescribed in the third item of this will - one to the trustees of my son RINALDO PETERSON as directed in the fourth item - one to the trustees of my son LITTLEBERRY ISHMAEL as directed in the fifth item & one share to the trustees of my daughter MARY E. HARWELL as directed in the sixth item of this will. Before the division of the resident houses I expect and require of my executors to sell all of my land which may not be laid off for my said son MANSON as before directed, and such other property as they may think best to pay any debts & carry out the purposes of this will. I require that MANSON or his trustees shall give up Judy if at any time she shall indicate her preference to live with either of my daughters or to be sold. In which event I desire that she should be (Page 294) be {sic} accommodated - I desire and will that the sum of twelve dollars be paid to her annually by the trustees of my said son or those of my daughters according to her choice of a master or mistress. My reason for directing her to go to the trustees of MANSON is because of her aptness to nurse him when he is sick and his need of such a servant in his severe afflictions. I empower my executors to settle with my brothers THOMAS B HARWELL & ISHMAEL F HARWELL the business unsettled between us as I would do myself if the business should not be settled before my death - Hereby authorizing my said executors to admit claims which are barred by the statute of limitations if they shall consider them just, & similar just claims of my own shall be allowed. I wish to be decently interred at my death in my family burial ground and I desire that my executors shall procure a stone for my grave like that which I put over the remains of my DECEASED WIFE. - I further will that my executors shall enclose my said graveyard with a neat stone wall - I further direct that the said graveyard be reserved in any sale of my land and require my children to visit it once a year, for the purpose of protecting it against intrusion - I further will and direct that if at any time it may be thought best to sell any of the property herein given for the use and benefit of any one of my children and to buy other property with the proceeds of sale, the trustees of the property so desired to be sold with the consent of the __ give trust or the particular child having any right benefit or advantage in the same may sell and consent as aforesaid - the property so bought to be held by said trustees on the like trusts limitations & conditions with the property sold before the sale - I will also that if any of the trustees herein appointed should find the said trusts onerous after their acceptance of the same __ they shall be permitted at any time to give up said trust and devolve? the appointment of their successor upon the __ court. I hereby revoke all other wills heretofore by me made and appoint my friends ISHAM I/J FANNIN & my brother ISHMAEL F HARWELL executors of this my last (Page 295) will and testament - I also appoint my friends JAMES M. BULLARD ALBERT O MOSELY & JOHN B WALKER? & divide the foregoing residurem? {residue} of my property among the legatees of this my will - In witness whereof I have hereto set hand & seal this 8th day of November _<1858?>_ Signed sealed published /s/ LITTLETON T.P. HARWELL {LS} & declared as his last will and testament by L.T.P. HARWELL in the presence of us the subscribing witnesses who attested the same in his presence & in the presence of each other THOMAS S. BONNER CHAS. P HORN EDGER TENIL? {Proved October 3 1864 by the oaths of the witnesses thereto, and recorded October 4, 1864}