Muscogee County GaArchives Wills.....Livingston, Thomas October 30 1860 ************************************************ 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: Lynda Livingston Walden jdwal@gulftel.com July 7, 2004, 11:24 pm Source: Copy Of Will In Muscogee County Courthouse, Columbus, Georgia; Pages 307-310 Written: October 30 1860 THOMAS LIVINGSTON'S Will The State of Georgia, Muscogee County I THOMAS LIVINGSTON a citizen of this county and state aforesaid being in ordinary good helath and of sund and disposing mind and discretion but being of advanced age and knowing that byt he course of nature I must shortly go hence and be not more on earth and having been blessed with a large family of children among whom it is my wish to distribute the property which God hath given me according to my convictions of equity and justice do hereby make, publish, and declare the following to be my last will and testament hereby revoking all wills & codicils to with heretofore made by me. Item 1: I give my body to the dust from whence it came and direct my executors, family & friends to have it decently interred. My soul I commence to God with a firm reliance upon His great mercy for eternal salvation through the merits of our Lord and Saviour Jesus Christ. Item 2: I hereby direct my executors to pay off and discharge all my just debts as early as the same can be done out of my estate and for lthis purpose they will collect the debts due and owing to me and use the cash I may have on hand at the time of my death. Item 3: It is my will and desire to hereby direct my executors to keep all my negroes andother property of which I may die in possession together on my plantation in Muscogee County(which is hereby specially set apart as a home and residence for my wife during her life) and work the same thereon for the benefit of my estate during her life appropriating to her ample and liberal support for herself and family out the source provided however that upon the marriage or legal maturity of any of my children or grand children who maymarry or because of age after my death then the bequests herein made to them shall go into effect and my executors shall deliver the property to said legatees as herein distributed unless otherwise specially stated & directed. And I hereby direct that my executors shall at all times keep a good gentle horse & buggy or light rockaway and careful driver at the command of my wife whenever she may desire to ue the source and I also give AYRY, POMPEY, and GEORGIA to my wife for and during her life. And I do further direct & provide that after the expiratioin of twelve months from the time of my death if my wife shall then prefer to break up housekeeping and shall consent to the sale of said plantation, it may be sold by my executors and the proceeds distributed as is herein after directed. An if she should consent to said sale it is my will that she shall have POMPEY and AYRY & GEORGIA and the shares which I own in the stock of the Muscogee RailRoad Company together with the proceeds & profits of the same for & during her natural life as a support for her and her death said Railroad stock shall be equally divided among my own children. And the negroes, AYRY, JIM ,FRANK, MACK, & GEORGIA ANN shall be appraised by two or more disinterested person and shall or may be taken by WILLIAM P. COLEMAN a his property with this condition & provision that one half of the appraised value of said negroes shall be paid by him to my daughter, CYNTHIA ENGLISH, for her sole & separate use or as her sole and separate estate free from the debts, contracts, or liabilities of her present or any future husband and at her death the same shall be equally divided among all her children living at the time of her death to have and to hold to their-------and assigns forever. Item 4: I give and bequeath to my son, ALFRED A. LIVINGSTON, a negro woman by the name of ANN, twenty two years old and her child, SAM, together with her future increase; GREEN, twenty one years old and DAN, thirty one years old/ Also the north half of Section fifteen(15) in Township fifteen(15) of Range twenty nine(29) in the county of Russell & State of Alabama being the land I purchased from HOWARD and BILLUPS? to have and to hold to him &his heirs and assigns forever with these conditions. However, that if he should die without children living at the time of his death then the aforesaid land and negroes shall go to & be divided among all my children & grand children whose parents may be dead they taking the share or part their parents would take if living. Item 5: I give and bequeath to my son, ADAM J. LIVINGSTON, a negro girl by the name of ROSE twenty one years old together with her natural increase, CLARK, twenty one years old and, SAM, fifty one years old. Also, the sum of twenty two hundred dollars in cash arising out of the sale of my plantation in said county of Muscogee when the same may be sold according to provisions of this will to have and to hold to his heirs and assigns forever provided however if my said son should died without child or children living at the time of his death then the aforesaid property shall go to and be equally divided among my children and grand children whose parents and or may be dead they taking the share or part their parents would take if living. Item 6: I give and bequeath to my daughter, ELIZABETH PAULK, late the wife of URIAH PAULK, decease, the sum of one thousand dollars in discharge of a note which I hold against the estate of her late husband if said note should not be paid before my death. If it should be paid then the sum of one thousand dollars shall be paid to her by my executors as soon as they can conveniently pay the same and which shall be in addition to the propertywhich I have heretofore given and advanced to her husband when in life and to herself to have and to hold to her and her heirs forever. Item 7: I give to my grandson, THOMAS STOCKTON, a negro woman by the name of MIRIAH, twenty nine years old, SCILLA, her child eleven years old and SUE nine years old together with their increase. also the sum of two thousand dollars in money to be paid our of the proceeds arising from the sale of my plantation in Muscogee County where the same may be sold according to the provisions of this will to have and to hol to him & his heirs and assigns forever.And I do hereby appoint, WILLIAM P. COLEMAN, testamentary guardian of the purpose and propery of the said THOMAS L. STOCKTON, and direct him to raise and educate him in like manner as I have raised and educated my own children. And if my said grandson should die without child or children living at the time of his death then it is my will and I hereby direct that all the property & effects which I have given to him shall go to and be equally divided among my children and grand children whose parents whould take if living. Item 8: I give to my grand daughter, FRANCES EMELINE LIVINGSTON, one thousand dollars to be held by my executors for her without interest and at her marriage or legal age I direct my executors to invest the same in a young negro woman to be delivered to & held by her as her sole and separate estate & for her sole and separate use free from the debts, contracts, or liabilities of any husband she may hereafter have and if the said FRANCES EMELINE LIVINGSTON should die without child or children living at the time of her death then the said property & its increase shall go to my children & grand children whose parents are or may be dead they taking the part their parents would take if living. Item 9: I give to my daughter, CYNTHIA ENGLISH, a negro girl by the name of MARGARET, about ten years ol to her sole & separate use as her sole and separate estare free from the debts contracts and liabilities of her presen or any future husband during her life and at her death the said negro & her increase to go to and be equally divided among her children living at the time of her death and their heirs and assigns forever. Item 10: I give to my daughter, CATHERINE COLEMAN, a negro girl by the name of MALINDA, about eight years old to her sole and separate use as her sole and separate estate free from the debts & contracts of her present or any future husband during her life and her death she said negro and her increase to be equally divided among her children living at the time of her death. Item 11: I give and bequeath all the money proceeds of the land not otherwise appropriated all the notes I may have on hand, all the money arising from the sale of farm produce implements, horses, mules & other stock not otherwise appropriated as follows to wit I give two thousand dollars of said money to my grand son, FREEMAN ALLEN LIVINGSTON, tobe paid by my executors when he shall arrive at legal age. I give one sixth of said money to my grand daughter, FRANCE EMELINE LIVINGSTON, and it my desire & I so direct that the balance of said money shall be divided equally between my three grand children, WILLIAM A. LIVINGSTON, GEORGIA ANN LIVINGSTON, Aand her sister, ALABAMA MOFFETT LIVINGSTON to be paid to them at their legal age. Item 12: I hereby direct that a negro boy, WRIGHT, about 18 years ol shall have the privilege of selecting his master who may take him at his approved value to be ascertained by the judgment and opinion of three disinterested persons and the proceeds arising from his sale shall be equally divided between FREEMAN A. LIVINGSTON, WILLLIAM A. LIVINGSTON, GEORGIA ANN LIVINGSTON, ALABAMA MOFFETT LIVINGSTON, and if the said FREEMAN A. LIVINGSTON should die before he arrives at legal age or before he has a child or children then I direct that his part of said property shall go to all my children in equal shares. Item 13: I hereby direct my executors to sell the residue of my estate both real and personal not mentioned herein(except a diseased negro man named, AUSTIN, whom I give to my daughter, CATHERINE, to be used and taken care of by her) and collect all debts which may be due & Owing to me and appropriate the same to the benefit of my estate in the payment of debts , bequests, legacies as herein provided. And I hereby direct that my grand son, THOMAS L. STOCKTON, shall in additon to what I have before given him have a horse or mule as he may choose and a saddle, bridle, bed, bedstead, & furniture and the flock of cattle known as Smith cattle. And I further direct that BECKY, a woman shall have the right of selecting her master who may take her at a fair valuation and I hereby give the proceeds arising from her sale to my daughter, ELIZABETH PAULK, her heirs and assigns forever. Item 14: I hereby constitute & appoint WILLIAM P. COLEMAN as testamintary guardian for the property of each of the minor children to whom I have given anything in this will. Also as Trustee for each of the married women to whom I have given a separate estate in this will. And I do hereby constitute and appoint my sons, ALFRED A. LIVINGSTON and ADAM J. LIVINGSTON, Executors of this my las will & testament with full power to execute the same in any State without giving bond and security as such In testimony whereof i have hereto set my hand and seal this 30th October 1860. Signed, sealed, published and declared by the testator who is known to us as last will and testament in our presence on this 30th October, 1860. William Williams Wm R. Furman Wiley Williams THOMAS LIVINGSTON (seal) Georgia, Muscogee County Court of Ordinary Term 1862 And now at this regular term of this court of ordinary in and forsaid county comes, ADAM J. LIVINGSTON, one of the executors therein named and propounds the foregoing writing as the last will and testament of THOMAS LIVINGSTON late of said county deceased. And WILEY WILLIAMS one the subscribing witnesses to said writin being sworn on says that he was present when THOMAS LIVINGSTON published said writing as his last will and testament... that at the time of said publishing said testator was of sound mind and memory..that so far as witness knows or believes said will was executed freely and voluntarily by said testator and tha he signed his name in the presence of this deponent and WILLIAM WILLIAMS and WM R. FURMAN and that said witnesses signed their names thereto at the request of said testator in his presence of each other. Sworn to & subscribed in open court this 13th day of January 1862. WILEY WILLIAMS JNO JOHNSON, Ordinary Georgia, Muscogee County Court of Ordinary, January term 1862. The foregoing writing admitted to probate in commmon form as the last will and testament of THOMAS LIVINGSTON dec' See minutes, page 435 January 13, 1862, Jno Johnson, Ordinary. Georgia, Muscogee County I do solemnly swear that the foregoing writing contains the true last will and testament of the therein named THOMAS LIVINGSTON deceased so far as I know or believe & that I will well and truly execute the same by paying first the debts and then the legacies contained in the said will as far as his goods & chattels, so help me God. Sworn to and subscribed in open court January 13t, 1862 Jno Johnson, Ordinary ADAM J. LIVINGSTON CODICIL OF THOMAS LIVINGSTON'S WILL RECORDED ON pages 319-320. File at: http://files.usgwarchives.net/ga/muscogee/wills/nwl16livingst.txt This file has been created by a form at http://www.genrecords.net/gafiles/ File size: 13.7 Kb