Newton County GaArchives Wills.....Robert White November 4 1852 ************************************************ 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: Cheryl Chasin yelton@cox.net September 2, 2003, 2:14 pm Source: Newton County Will Book 2, p. 124 Written: November 4 1852 Recorded: March 18 1859 State of Georgia Newton County In the name of God Amen I Robt White of said county being of advanced age and knowing that I must shortly depart this life deem[?] it right and proper both as respects myself and family that I should make a disposition of the property with which a kind Providence has blessed me do therefore make this my last will & testament hereby revoking all others heretofore made by me. 1 Item I desire and direct[?] that my body shall be buried in a decent & Christian like manner. My Soul I trust shall return to God who gave it. 2 Item I give & bequeath & devise to my son Hugh White the sum of six thousand dollars and leave it optional with him whether to sell my lands Factory Saw & Grist mills and their appurtenances and also my personal property (with the exception of the orchard field lying north of the house together with the sd. House in which I now reside and also the privilege of firewood from off any part of my lands during her natural life which I do hereby give & bequeath unto my daughter Margaret for her own proper use and benefit) for the payment of the same or retain the abovementioned property at a fair valuation and pay over to my other legatees all over & above the sum of six thousand dollars bequeathed to him as above. 3 Item To my Daughter Margaret I give and bequeath the sum of one hundred dollars per annum during her lifetime and my son Hugh White is hereby required to set apart a sufficient amt arising from the sale of the above mentioned property or [---] the amt payable by him after valuation should he elect to retain property, the interest of which will be sufficient for the payment of the above annuity. 4 Item To my Daughter Margaret I also give and bequeath all the household & kitchen furniture & in addition to the orchard field hereby already bequeathed, the yard and garden[?] adjoining my house and the [---] and clothing. 5 Item To my grand daughter Amanda Wilson I give & bequeath the sum of five hundred dollars payable out of the amt over and above the sum of six thousand dollars which my property may be sold or valued. 6 Item I give & bequeath to my other children, that is, to John William Robert & Thomas White and the children of my deceased daughter Elizabeth Wilson the rest of my property not already devised by this instrument to be equally divided between them except the sum of one hundred dollars to be paid to my sister Susan now living in Athens. 7 Item I direct that in the event my son Hugh White elect to retain my lands & property abovementioned in his possession, he & the other legatees shall appoint suitable & discreet persons to value said lands factory & other property and he the said Hugh White shall pay over as above bequeathed (all over and above the sum of six thousand dollars) the different amounts already herein devised, but it is understood that he the said Hugh may may [sic] refuse to pay the abovementioned sums until after the expiration of six years, he paying interest from the time at which he may get possession of the above property. 8 Item I hereby constitute and appoint my sons John & Hugh White Executors of this my last will and testament this [remainder of line missing] Robert White Signed sealed and published by Robt White as his last will & testament in the presence of us the subscribers who subscribed our names hereto in the presence of said testator at his special instance and request and of each other this Nov 4th in the year of our Lord 1852 The name (Robt) interlined before signing. Augustus J. Webb Henry G. Holcomb Thomas C. Heard Codicil Whereas to wit on the 4th day of November 1852 I Robt White of the county of Newton and State of Georgia did make the above will and affixed my seal thereto and in said will the sum of one hundred dollars was to be paid to my sister Susan out of my effects not otherwise appropriated, now therefore I do by this codicil give & bequeath unto my said sister Susan the sum of one hundred & twenty dollars in lieu of the one hundred dollars herein devised and do ordain by this codicil that all other[?] parts of the above mentioned will shall remain the same as heretofore[?] [---] as binding in law as if now written and signed by me. Robert White Signed sealed and published by Robt White as codicil to his last will and testament in the presence of us the subscribers who subscribed our names each in the presence of said testator at his special instance and request and of each other this [remainder of sentence missing] Fitz Herbert Heard William R. Henry[?] William Y. Harris J.P. Georgia Newton County Court of ordinary in vacation In person appeared Augustus J. Webb who being duly sworn deposed and say that he subscribed the within in[sic] will as a witness that he saw Robert White the testator sign seal and publish and declare the same as his last will and testament and that at the time of said signing and publication the said Robert White in the opinion of deponent was of sound disposing mind and memory, that he executed the same freely & without compulsion so far as he knows & believes, that he saw Henry G. Holcomb & Thomas C. Heard sign the same as witnesses, that they signed the same in the presence of the testator and of each other. Sworn to and subscribed before me Augustus J. Webb March 18th 1859 Wm. D. Luskie Ordinary Georgia Newton County Court of ordinary in vacation In person appeared F. H. Heard & Wm. Y. Harris who being duly sworn depose and say that they saw Robert White the testator sign seal publish and declare the within codicil as a part of his last will & testament, that he executed the same freely & without compulsion & that at the time of said signing & publication he was, in the opinion of deponents of sound disposing mind and memory, that they signed the same as witnesses & saw Wm. P. Henry[?] do so likewise – that they signed in the presence of the testator & of each other & that they believe said codicil was signed August 18th 1857. Sworn to and subscribed before me this F. H. Heard 18th day of March 1859 Wm. Y. Harris Wm. D. Luskie Ordinary Admitted to record[?] April term [1859?} Wm. D. Luskie This file has been created by a form at http://www.poppet.org/gafiles/ File size: 6.8 Kb