Georgia: Morgan County: William Stallings Will, 10 October 1858 ==================================================================== 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 ==================================================================== Georgia, Morgan County} In the name of God, Amen. I William Stallings of the County and State aforesaid, being weak in body, but of sound and disposing mind and memory, and wishing to dispose of my worldly effects, do make and ordain and publish the following as my last will and testament hereby revoking all other wills by me heretofore made. Item 1st I wish all my just debts to be paid. Item 2nd My will is that the whole of my Estate of every description after the payment of my debts, be divided into six equal parts, and in order to enale my Executor hereinafter named, the ??? effect such division, I do hereby confer on them the power to sell any or all of my real estate at private or public sale, as in their judgment shall be for the interest of my legatees. Item 3rd I give and bequeath unto my two sons, Andrew Jackson Stallings & Thomas Jefferson Stallings, to each the one sixth part of my Estate, to them and to their heirs forever. Item 4th I give and bequeath unto my two grand children, William & Emma Lane, the children of Dawson B. Lane, the one sixth part of my Estate, to them and their heirs forever, and do hereby appoint their father, the said Dawson B. Lane, their Guardian for both person and property, and should their of my said grand children, William & Emma Lane die before they arrive at lawful age or marry, then it is my will that the whole of the property which I have here given them with all it increases go to the survivor and should they both die without either of them arriving at full age or marrying, then it is my will that the whole of said property return to my Estate, and be equally divided between my other five legatees or their legal representatives, subject to the same limitations and restrictions as are imposed respectively upon them in the property given them in this will. Item 5 I give and bequeath unto my Daughter Sarah Ann Ponder, wife of George F. Ponder, to her sole and separate use free from the debts or contracts of her present or any future husband, the one sixth part of my estate, with full power to her to dispose of the same with its increase, by will, should she die leaving no child or grand child, but should she have any child or grand child living at her death then such child or grand child to have said property with its increase at her death, to be equally divided between her children & the child or children of any deceased child to take the share the parent would get if in life, And if the said Sarah Ann Ponder, shall die leaving no child or grand child, and without disposing of said property by will, then her husband, the said George F. Ponder, if in life to have the one half of said property with its increase & the other half to come back to my Estate, & be equally divided between my other five legatees, or their legal heirs, subject to the same limitations as are imposed respectively upon the property I give them by this will, And do hereby appoint the said George F. Ponder Trustee for my said Daughter, Sarah Ann. Item 6th I give and bequeath unto my Daughter Ophelia Susan Holloway, wife of James G. Holloway, to her sole and separate use free from the debts of her present or any future husband, & also free from my of their contracts of control, the one sixth part of my Estate for and during her natural life. And at her death the said property with its increase to her children equally the child or children of any deceased child to take what the parent would get in life-and should she die without child or grand child, then she to have the power to will the one half of said property with its increase to whomsoever she choses, the other half at her death (and the whole should she not will it as aforesaid) to come back to my Estate and be equally divided between my other five legatees or their legal heirs subject to the same conditions and limitations as that imposed respectively upon their lega? Under this will. And I hereby appoint my two sons Andrew Jackson & Thomas Jefferson Stallings trustees for my said daughter Ophelia Susan, and they are to give her a full and free use of the property as the safety and portection (sic) will admit of. My said daughter, Ophelia Susan to account for forty one hundred ninety & no dollars which I gave her recently in negroes & money, that amount to be counted in making her one sixty part. Item 7th It is my will that the remaining one sixth part of my Estate remain in the hands of my Executors hereinafter appointed to be by them used to the best advantage for income & that from the income of the same, they do annually appropriate a sufficiency to the support of my son Reuben L. Stallings to make him comfortable during his natural life and at the death of my said son Reuben L., it is my will that said sixth part with it, increase natural and artificial be equally divided between the children of the said Reuben L. the child or children of a deceased child to take what the parent would get if in life-and should my said son Reuben L. leave no child or grand child at his death, then said property to return to my Estate and be equally divided between my other five legatees or their legal heirs, subject to the same limitations as are imposed on their respectative legacies under this will. Item 8th It is my will and desire that Morgan Davis have the property now in his pofsefsion and which I loaned him except the negro woman Gracey. He is either to return Gracey to my Estate or pay them one thousand dollars upon his doing either, the negroes I loaned him to be his absolutely, this item does not include the land which he has in pofsefsion but only the personal property. Item 9th It is my will that my Executors have a good substantial iron fence put around my family burying ground & in the event they sell to reserve the grave yard with right of way to it from the public road. Item 10th I hereby appoint my sons Andrew J. Stallings & Thomas J. Stallings my Executors to carry this will into effect. In witnefs of all which I have hereto set my hand & seal & published this as my last will and testament this 10th day of October 1858. Wm. Stallings Signed and published in our presence N. G. Foster George Crittenden William Gregory Georgia Morgan County, Ordinary office, October the 22nd day 1858, personally appeared before me F. M. Arnold, ordinary in and for said County, Nathaniel G. Foster, George Crittenden of the subscribing witnefsefs to the written instrument in writing purporting to be the last will and testament of William Stallings late of said county, deceased, who being duly sworn saith that they saw the testator sign seal and heard him publish and declare it to be his last will and testament, that he done so freely and of his own accord, that they subscribed to the same as witnefses at his special instance and request in his presence and in the presence of each other, and that they saw William Gregory do so likewise, and that they believe he was of sound disposing mind and memory at the time, sworn to and subscribed before me this day and date above written. F. W. Arnold Ordinary N. G. Foster George Crittenden Recorded the 3rd day of November 1858 F. W. Arnold, Ordinary Col. William Stalling departed this life the 20th of October 1858 Recorded the 3rd November 1858 F. W. Arnold, Ordinary