Will of Robert Rakestraw, Newton, Georgia http://files.usgwarchives.net/ga/newton/wills/rrakestraw.txt ----------------------------------------------------------------------- USGENWEB PROJECT NOTICE: In keeping with the USGenWeb Project policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. 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 the file permanently for free access. GAGenWeb Archives File Manager, Hall County Carolyn Golowka, -------------------------------------------------------------------------- Submitted by David R. Wilson, February 2001 Rcvd: Thursday, February 08, 2001 2:36 AM from Jo GomezDonFroi@aol.com, posted with her permission. Photostat of Handwritten Will, signed 2nd day of April, 1862, transcribed by myself, David R. Wilson Will of Robert Rakestraw Georgia, Newton County In the name of God, Amen, I, Robert Rakestraw, of the County and State aforesaid, being in feeble and declining health but of sound disposing mind and memory and being desirous to dispose of the property which a kind providence has enabled me to accumulate in my own way and manner, do hereby publish and declare the following to be my Last Will and Testament, hereby revoking all other heretofore made by me. Item 1; It is my will and desire that all my just debts be paid by my Executor as soon after my death as possible. Item 2; I do hereby leave to my wife, Martha Rakestraw, during her natural life or widiwhood all of my lands that I may be possefsed of at my death and she is to prevent the timber from being cut or wasted, only as suffucency for fire wood and to keep up fences on the farm that she may cultivate and I also loan to my wife during her natural life or widowhood the following negro slaves, to wit; Winny, a woman; Irene, a woman and all of her children which she now has or may hereafter have during my life time and Patty, a young woman and her increase and Major, a man, and Henry, a man. I also loan to my wife as aforesaid all the household and kitchen furniture. Also three of the first choice of the mules; two cows and calves and plantation tools sufficient to commence the farm with the first year and provisions sufficient for the support of herself and family during the first year. It is also my will and desire that at the death of my wife, the property and its increase, loaned as above be disposed of as herein after provided for. Item 3; It is my will and desire that all the balance of my estate both real and personal, except my lands as above mentioned of whatever it may be, be sold by my executor upon the most advantagous terms, at public outcry and the money arising from the sale of the said estate, both personal and misced, I hereby dispose of in the following manner; one tenth part there of I give and bequeath to my son-in-law McKendree, in trust for the sole and seperate use, benefit , and advantage of my daughter, Eliza Tucker, during her natural life and at her death to her children, infer, share and share alike. one tenth part there of I give and bequeath to my son-in-law George W. Crowder, in trust for the sole and seperate use, benefit , and advantage of my daughter, Emily Crowder, during her natural life and at her death to her children, infer, share and share alike. one tenth part there of I give and bequeath to my son-in-law Francis D. Weaver, in trust for the sole and seperate use, benefit , and advantage of my daughter, Harriet M. Weaver, during her natural life and at her death to her children, infer, share and share alike. to my son Robert N. Rakestraw, in his own right one tenth part. I give and bequeath to my daughter Martha Rakestraw one tenth part in her own right. one tenth part there of I give and bequeath to my son George A. Rakestraw in his own right. one tenth part there of I give and bequeath to my son Thomas W. Rakestraw in his own right. one tenth part there of I give and bequeath to my daughter Mary Rakestraw in her own right. one tenth part there of I give and bequeath to my son-in-law Coke Tucker, in trust for the sole and seperate use, benefit , and advantage of my daughter, Sarah Tucker, during her natural life and at her death to her children, infer, share and share alike. one tenth part there of I give and bequeath to my son Thomas W. Rakestraw, in trust for the sole and seperate use, benefit and advantage of my son James H. Rakestraw during his natural and at his death, to his lawful children if he has any. Share and share alike, but if the said James H. Rakestraw should die without leaving a lawful wife or child or children surviving him, then the amount hereby left himas above is to revert back to my estate and be divided according to the provisions of this item among my other children and it is my direction that those of my children who have left me and set out in life for themselves shall be required to account for any and all advancements made to them by me before they reveive anything further out of my estate. Item 4; It is my will and desire that the property loaned my wife in the second item of this instrument, together with its increase at the death or marriage of my wife be sold by my executor and divided among my children , agreeable to the provisions of the third item of this instrument and under the same trust as is there in mentioned. Item 5; It is my will and desire that One acre of land on the lot of land where I now live be reserved from sale and to be held and kept from sale for the purpose of a burying ground. Said, One acre of land lies near where Lane's Old Meetinghouse formally stood and upon the right hand of the road leading to Mount Pleasant on the Brickstone Brown as my family burying ground. Item 6; I hereby nominate and appoint my son, Thomas W. Rakestarw, Sole Executor of this, my Last Will and Testament hoping that he will accept of the same as I have the upmost confidence in him. In witness whereof I have hereonto set my hand & seal this 2nd day of April, 1862, signed Robert Rakestraw, sealed RS Signed, sealed, published, and declared by the said Robert Rakestraw, to be and contain his Last Will and Testament in the presence of the subscribers who subscribed own names hereto in presence of Testator and of each other this 2nd day of April, 1862. Signed, Silas H Starr, John Franklin, A. Belcher, Wm J Wright Probated 8th September, 1863 Newton County, Georgia by Judge of Ordinary, Wm H. Suckie Executed and Adminstered by Thomas W. Rakestraw