Will of Thomas Kimbrough 03 Mar 1846 Muscogee County, GA

Last Will and Testament of Thomas Kimbrough

Georgia
Muscogee County

I Thomas Kimbrough of the county & State a-foresaid being in [illeg.] 
health & of sound mind & disposing memory & knowing the uncertainty of 
life do make, ordain, and declare this my last will and testament 
hereby revoking & annulling all other wills & testaments made by me.

Item 1st     It is my will and desire that all my debts should be paid.

Item 2nd     I give & bequeath to my beloved wife Sarah during her 
natural life six hundred acres of land to be [illeg.] off from the 
lower or southern end of the settlement where I now reside to be so 
laid off as to embrace [the?] houses by a strict line running across 
the body of land owned by me in said state & county and as much stock 
of every kind including mules, horses, hogs, cows, oxen &c as she may 
desire to have the pleas-ure carriage all necessary plantation tools 
& implements & as much provision of every kind as she may want for one 
year, two hundred dollars in cash, the household & kitchen furniture and 
the following Negroes viz. (Dave?) and his wife Sarah & her child Nancy 
and her son Anderson, John & his wife Leanna and her children now born or 
to be born, (Jef?) Jim [two words] & his wife Ade & his son (Jim?) and 
such other children as may be born, Lewis & his wife Betsey & her 
children now born or to be born, Old Charles & old Jo Horace and his 
two youngest children by his wife Mary now deceased together with all 
increase by births from any of the Negroes aforesaid.

Item 3d     I give & bequeath to my son John Raiford to make him equal 
with what I have previously given to my older children the following 
Negroes viz. Greene, Johnson, Jack, Lydia, Elick & their increase and 
when he marries or becomes of the age of twenty years four hundred 
dollars in cash.

Item 4th     I give & bequeath to my daughter Sarah Amanda and after 
her death to her child or children the following Negroes viz. Bob & his 
wife Mariah & her children viz. George, Lucinda, Sarah, Mack Munro 
[there's not a comma and I don't know if Mack and Munro are two people 
or one] Frank  and her or their increase.  Also a boy named Bill, also 
the Piano Forte & two hundred dollars in cash the possession of the 
above to be given when she marries or becomes of the age of twenty-one 
years.

Item 5th     In addition to what I have previously given I give & 
bequeath to my son John Raiford and to my daughter Sarah Amanda each 
one good horse saddle & bridle also to each a good bed & furniture a 
cow and calf and a small stock of hogs.

Item 6th     It is my will & desire that if my daughter Sarah Amanda 
should die without issue that all the property bequeathed by the 
foregoing items or which may hereafter be bequeathed by this will and 
testament shall revert to and be equally divided among my surviving 
children.

Item 7th     It is my will & desire that the following grand children 
when they arrive at the age of twenty one years shall have a follows 
viz. to Sarah Jane Kimbrough four hundred dollars, to Martha Minerva 
Kimbrough five hundred dollars, to Jesse William Kimbrough five hundred 
dollars & to Hardy Crawford Kimbrough five hundred dollars, the same 
being the children of my deceased son Wm B. Kimbrough.  If either of 
the grand children aforesaid should die before they arrive at that age 
the interest of the decd shall be equally divided among the surviving 
children.

Item 8th     It is my will and desire that all my property both real 
and personal not otherwise disposed of shall be equally divided among 
my children herein after named viz. Henry C. Kimbrough, Archibald M. 
Kimbrough, Jesse S. Kimbrough, James (M? W?) Kimbrough, John R. 
Kimbrough and Sarah Amanda Kimbrough and after the death of my wife it 
is my desire that all the property both real and personal which I have 
given to her in the second item of this will should be divided in like 
manner among the children named in the foregoing part of this item.

Item 9th     That it may be known why I make no bequest to my 
daughters Mary and Martha Ward (now deceased) nor to their children I 
here state that I have previously given to each what I intend as a 
full share of my Estate.

Item 10th     If either of the Negroes bequeathed to John Raiford or 
Sarah Amanda should die before they get them in possession it is my 
will and desire that another equally valuable should be selected from 
by Negroes not specifically bequeathed & given in lieu of such 
deceased Negro or Negroes.

Item 11th     I do hereby nominate and appoint my sons Henry C & 
Archibald M. Kimbrough my executors to this my last will and testament 
with the request that they carry out the provisions of my will 
especially in relation to my personal property without any sale.

s/ Thomas Kimbrough

Signed sealed and acknowledged before us this 3d day of March A. D. 1846
Jno Warren
Saml K. Hodges
Thomas Livingston
Jas M Chambers
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Georgia
Muscogee County

Personally appeared before us in (vacation?) Samuel R. Andrews and 
Nicholas S. Howard two of the Justices of the Inferior Court of said 
county, Henry C. Kimbrough and Archibald M. Kimbrough the executors 
of the last will and testament of Thomas Kimbrough deceased and also 
at the same time came two of the witnesses to wit Samuel K. Hodges & 
James M. Chambers who being duly sworn depose & say that they saw 
said Thomas Kimbrough the testator sign seal publish and declare said 
will to be his last will & testament that they & each of them together 
with Thomas Livingston & John Warren subscribed said will as witnesses 
in the presence of each other and in the presence of said testator that 
said testator was of sound mind at the time he executed the same & that 
the said testator executed said will voluntarily & without compulsion.

Saml K. Hodges
Jas M Chambers

Sworn (to?) & subscribed before us this 21st July 1847
Nicholas (S? L?) Howard JIC
S. R. Andrews JIC
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Georgia
Muscogee County

Court of Ordinary September Term 1847

     The annexed last will & testament of Thomas Kimbrough late of said 
county deceased having been on the 21st day of July last past proven 
before Nicholas (S? L?) Howard & Samuel R. Andrews two of the Justices 
of this court in vacation upon the oaths of Samuel K. Hodges & James M. 
Chambers two of the subscribing witnesses to said will.
     It is ordered by the court that the said will be admitted to record 
this 6th September 1847.

Jno Johnson Clk. C. (O?)


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