Will of James M. Knight March 7, 1856 Newton County, Georgia http://files.usgwarchives.net/ga/newton/wills/jmknight.txt ==================================================================== USGENWEB PROJECT 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 Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Alan Knight ==================================================================== December 2001 Will of James M. Knight Georgia) Newton County) In the name of God, Amen. I James M. Knight of the county and state aforsaid being of sound disposing mind and memory and knowing the uncertainty of life and being desirous of disposing of my property in my own way - do hereby utter publish and declare the following to contain my last will and testament hereby revoking any and all other wills made by me at any time heretofore. Item the 1st. It is my will that my executors proceed at as early day as practicable to pay all my just debts. Item the Second. I give and bequeath to my beloved wife Ann Knight during her natural life One Hundred acres of land being the South half (by a line East and West) of lot of land number thirty in the Eighth district of original Henry now Newton County which parcel of land includes my residence or homestead. Her title to the same for the life time is to be forfeited if she declines residing thereon or whenever she may ?sumon thisform?. I also give to my said wife my buggy and horse Tom, also one bedstead and furniture and one year supply of provisions, one cow and calf. The personal property thus given to my wife in this item is only to be a life estate in her and upon her death to return to my estate. The property thus given to her and upon the terms herein expressed in this item is to be in the lieu of dower or right to dower in my real estate. Item the 3rd. I give and bequeath to my three children to wit Richard D. Knight, William T. Knight and Georgia Ann Knight all the ballance of my estate real personal and mixed of my name and kind whatsoever, to be devided between them share and share alike to be by them held forever in ?for simple? and it is my will that if my two minor children at their majority or upon their arriving to the age of twenty one viz James A.J. Knight and George W.R. Knight, shall relinquish to me or my estate all their rights as cestui que trust under the wills of their grandfather James Roseburry (Roseberry) and their grandmother Martha Roseburry (Roseberry), then the one so relinquishing shall take an equal share of the property conveyed by this item. Item the 4th. It is my will upon the death of my wife that the property bequeathed to her in the 2nd item of this will be divided to the children and upon the express terms aluded to and embraced in the preceeding or third item of this will and to no other persons nor upon no other terms - and if my wife abandons the land the land to be divided among said children upon the terms mentioned herein upon such abandonment. Item the 5th. It is my will and positive direction that neither my daughter Martha Jane Avery nor her heirs nor her husband shall take any part or portion of my estate - I have good reasons in my judgement for thus cuting them off from any participation in my estate. Item the 6th. I do hearby appoint my sons Richard D. Knight and William T. Knight the executors to this my last will and testament. In testimony whereof I James M Knight have hereto set my hand and affixed my seal this Seventh day of March 1856. Signed, sealed and acknowledged as the last will and testament of James M Knight - He signing in our presence, we signing in his presence and in the presence of each other. John N. Williamson P.H. Stallings G.T. Norman Georgia, Newton County. In vacation appeared John N. Williamson and P.H. Stallings who being duly sworn depose and say that they subscribed the within will as witnesses ? G.T. Norman do so likewise _ thus they saw James M. Knight the testator sign the same and publish the same as his last will and testament and that at the time of the said signing and publication the said James M. Knight in the opinion of deponents was of sound disposing mind and memory. That he executed the same freely and without compulsion so far as they know or believe. That the witnesses subscribed in the presence of the testator and of each other. John N. Williamson P.H. Stallings Sworn to and subscribed before me this 27th November, 1856. William D Luckie