Georgia: Morgan County: Elizabeth Smith Will, 16 March 1863 ==================================================================== 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 this file permanently for free access. This file was contributed by: Carolyn L. Harper Johnson clhjohnson@aol.com ==================================================================== State of Georgia} In the name of God, Amen, Morgan County} I, Elizabeth Smith of the County and State aforesaid, being advanced in age, but of sound mind and disposing memory and being desirous to make distribution of what negro property I may dispossed, also all other effects which may be found in my possion and belong to me at the time of my death, by will in manner and form, do make this my last will and testament, hereby revoking all other wills or testamentary papers whatever heretofore by me made. Item first, I desire that my boddy be buried in a decent and Christian like manner and my Soul to God who gave it. Item 2nd It is my will that that if there should be any debts against my Estate the same being legally established, that my Executor hereinafter named, do pay the same such account or debts being frist proven to his satisfaction as to the justnefs and correctnefs thereof. Item 3rd I will and bequeath unto my nephew Thomas Smith, son of my brother Bird Smith deceased, the following named Negroes, Cinda, Peter, Amy, Felix, Jack, Louisa, Livida, Duke, Zamia, Mary, Telda, Guy, Perkins, Jim, Fanny, Martin, Aron & Elizabeth with their increase. The woman Cinda and her three children are in his posesion. Item 4th It is my will that my household and kitchen furniture be sold and after paying burial expenses and debts that my sister, Lucy Harper have the balance, also my horses & mules, cattle & hogs to be sold in the manner as the household & kitchen furnature and to be applied to the payment of debts and expenses of my burial, and should then be any balance my sister Lucy Harper to have it. Item 5th I hereby constitute and appoint my nephew Thomas Smith of the County of Coweta my executor to carry this will into effect. In witnefs of which I have hereto let my hand and seal this 16th day of March 1863. Signed, Sealed and delivered her In the presence of Elizabeth X Smith W. L. Colbert mark Robert Douglafs F. W. Arnold Georgia Morgan County} Before me W. Woods Ordinary of said County came in person Robert Douglafs a witnefs to the last will and testament of Elizabeth Smith late of said county deceased and says he saw Elizabeth Smith sign by making her mark the annexed instrument as her last will and testament and that at the time she was of sound and disposing mind and memory and the same was declared to be her last will and testament by her and that he saw William T. Colbert and F. W. Arnold sign the same and that the testator and witnefs signed the same in the presence of each other and the witnesses signed the same at the request of the testator and in the presence of the testator and that it was all done freely and voluntarily and without compulsion. Sworn to in open court this January 6th 1869 W. Woods Robert Douglafs Ordinary Recorded January 7th 1869 W. Woods Ordinary