Newton-Carroll County GaArchives Wills.....Downs, Shelly Payne September 29, 1862 ************************************************ 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: Jeanne W Baldwin newbobo3820@gmail.com February 13, 2011, 7:41 am Source: Ancestry.com Written: September 29, 1862 Return to SHELLY PAYNE SR DOWNS The Will of Shelly Payne Downs, Sr. 1795- 18621862 , Newton County, GA WILL OF SHELLY PAYNE DOWNS, SR. State of Georgia, Newton County, In the name of God Amen. I, Shelly Downs of said State and County, being of advanced age, though of sound mind and memory, and knowing that I must shortly depart this life, deem it right and proper both as to regards myself and family that I should make a distribution of the property with which a kind Providence has blessed me, do therefore make this my last will and testament hereby revoking all others heretofore made by me. Item 1st. I desire and direct that my body be buried in a decent and Christian- like manner, my soul I trust return to rest with God who gave it. Item 2nd. I desire and direct that my just debts be paid by my Executors hereafter appointed. Item 3rd. My Will and desire is that my negroes shall be divided by lots among any children; the children of my deceased son Willis M. Downs receiving one share or a child part so far as they may be divided by lots, so as not to separate mother and child, and those children not drawing a negro or negroes by lot, shall receive money instead of negroes. Item 4th. My will and desire is that my lands and all other property belonging to my estate be sold by my Executor, and the proceeds arising therefrom be equally divided among my children viz the children of my deceased son Willis M. Downs to have one share, my sons Henry K. Downs, James W. Downs, Milligan F. Downs, Shelly P. Downs, John S. Downs, William S. Downs and my sons-in-law, James W. Black, John A. Childress, W. R. Hicks, T. M. Hicks and my daughters Seleta Ann Downs and Loureany F. Downs each to have one share, after paying the specific legacies hereafter mentioned. Item 5th. I give and bequeath to my wife Nancy Downs one thousand dollars bed and furniture and this to be in lieu of dower or any other portion or interest in my estate whatever. Item 6th. I give and bequeath to my son William S. Downs two hundred dollars and to my daughter Loureany F. Downs three hundred dollars over and above my other children, to educate and clothe them. Item 7th. My will and Desire is that my children to whom I have given property and money viz. my sons Henry K. Downs, J. M. Downs, Milligan H. Downs, Shelly P. Downs and John S. Downs, and my Sons-in-Law Jas W. Black, John A. Childress, W. R. Hicks and T. M. Hicks make out a schedule of property and money received of me in my lifetime, and render the same to my Executors. And as my deceased son Willis M. Downs received of me one hundred and twenty- five dollars in his lifetime, it is my will and desire is that that my Executors {unintelligible} in this amount for his children. Item 8th. I do hereby ordain and appoint my sons Henry K. Downs, and Shelly P. Downs and my son-in-law Jas W. Black Executors to carry out this my last will and testament, this the twenty-ninth day of September 1862. (signed) Shelley Downs Signed, sealed, published and delivered by Shelley Downs as his last will and testament in the presence of us the subscribers who subscribed our named hereunto in the presence of the testator and of each other this the twenty- ninth day of September 1862: Wm S. McCord Wilkins Willingham Presley F. Christian Georgia, Newton County, October 27, 1862, Court of Ordinary in vacation: In vacation personally appeared Wm S. McCord, Wilkins Willingham and Presley F. Christian who being duly sworn deposeth and sayeth that they saw Shelly Downs the testator sign seal publish and declare the {?} instrument to be and contain his last will and testament, and that he was at the time of said signing and publication of sound and disposing mind and memory - that he executed the same freely and without compulsion so far as they know or believe - that they signed the same in the presence of the testator and of each other - and that the words “bed and furniture” on the second page was underlined before signed by the witnesses and underlined by the direction of the testator. Sworn to & subscribed Wm S. McCord in vacation Wilkins Willingham 27th October 1862 Presley F. Christian Wm P. Luckie, Ordinary File at: http://files.usgwarchives.net/ga/newton/wills/downs822gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 4.9 Kb