Georgia: Morgan County: Martha Towler Will, 3 January 1845 ==================================================================== 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: Bill Ward ChiefWard@aol.com ==================================================================== Will of Martha Towler, recorded in Morgan Co, Wills book C, page 112: Georgia, Morgan County. In the name of God Amen! I Martha Towler of the state and county aforesaid being of weak body and infirm, yet of sound disposing mind and memory, do make constitute and ordain this my last will and testament in the manner and form following to wit. Item 1st. My will is that all my just debts be paid. Item 2nd. I will and bequeath to my son Benjamin Towler one hundred dollars in money, to be paid to him that sum as it is saved from the sale of my property, after my death by my Executor hereinafter named, and the said sum of one hundred dollars, is to be in full of his portion or share of my estate, believing that he has already received an amount that with the amount now willed will make an amount equal to or more than my other children. Item 3rd. I will and bequeath five hundred dollars in money to be equally divided between the lawful heirs of my son John Towler deceased, to be paid to them or their lawful Guardians. The sum as it is raised from the sale of my property after my death by my Executor hereinafter named. Item 4th. I will and bequeath to my daughter Martha Haynes the Wife of Smith Haynes my negro man by the name of Aaron, also my negro woman by the name of Caroline, also her boy child by the name of Anderson to be delivered to her or her lawful husband Smith Haynes, after my death, by my Executor hereinafter named, and the aforesaid negros is to be in full of portion or share of my estate. Item 5th. I will and bequeath to my daughter Sarah Barton my negro woman by the name of Lydia, to belong to her so long as they both shall live, but should the negro woman Lydia be living at the death of my said daughter Sarah Barton, I then wish her to pass to my son Abijah R. Towler and be under his management and entire control, as her lawful guardian so long as she shall live, I also will and bequeath to my aforesaid daughter Sarah Barton, my negro woman by the name of Betty, both of which negros is to be delivered to her after my death by my Executor hereinafter named and the said two negros is to be in full as her portion or share of my estate. Item 6th. I will and bequeath to my son Abijah R. Towler my negro woman by the name of Minima and her boy child by the name of Isaac, also my negro girl by the name of Amandal. Item 7th. My will is that all the residue of my estate both real and personal, be sold on a credit of twelve months, and the proceeds thereof after paying what I have already willed, be divided into two equal parts, one of those parts I will and bequeath to my son Abijah R. Towler and the other one of those parts to be equally divided between the lawful heirs of my son John Towler deceased, to be paid to them or their lawful Guardians, aforesaid. Item 8th. My will is that all by estate both real and personal remain together after my death till the sale of my personal property and should I depart this life at any time between the first day of March and the first day of December of any date, I then wish all my estate both real and personal to remain together with no division whatever, until the first Tuesday in December next after my death, that my negros may finish the crops that I then have on hand, under the management of my Executor hereinafter named and for my said Executor to have receive or retain in his hands out of may estate, such an amount for his attending to the affairs of my plantation from the time of my death, till the crops aforesaid is finished, or until the first Tuesday in December as aforesaid, as may seem right to the appraiser of my personal property. Item 9th. I hereby nominate and appoint my son Abijah R. Towler Executor to this my last will and testament, hereby revolking all former wills heretofore made by me. In witness their of I hereunto set my hand and seal this third day of January one thousand Eight hundred and forty five. Signed sealed published and declared in presence of as whose names and hereto aforesigned. Martha Towler X (her mark) Willis Head Simon Crawley John Crawley John Wise Recorded March term 1845 3rd day The above will was contested by Benjamin Towler claiming that Martha was too sick and senile to know what she was signing or what was in the will. In open court, the four witnesses swore that she was of "sound and disposing mind and memory" and knew she was signing her last will and testament. During the June 1845 court session, the court justices upheld the will. At which time Abijah Towler proceeded to probate the will. Misc payments from her estate: (Most likely this is John's descendants' share of the estate) $80.00 to James W. Towler Feb 4, 1848 $80.00 to David Malcom Feb 22, 1848 (Husband of Harriett Amelia Toler) $80.00 to Martha Towler 29 Jan 1848 $80.00 to Allen Ivey 21 Jan 1848 (Wife: Elizabeth Towler) I suspect that James and Martha were the children of John Towler. And David Malcom and Allen Ivey were the husbands of two of John's daughters. David Malcom was married to Harriett Amelia Toler in Morgan Co. (1845). Allen Ivey was married to Elizabeth Jane Towler (B: 1825). Abijah sold Martha's land in Morgan Co (303 3/4 acres) for $616.00 and some land in Walker Co. for $20.00 on Dec 1, 1847. John Towler's estate probation mentions a Nancy and Frances Towler. (Maybe his daughters.)