Will of Martin Dowdy, Oglethorpe Co. GA Submitted by Wayne D. Tiller Will of Martin Dowdy. State of Georgia, Oglethorpe County -- I Martin Dowdy of the County and State aforesaid being of sound and disposing mind and memory do make and publish and declare this my last will and testament, hereby revoking all others by me made. Item 1st - I give to my beloved wife Mary Dowdy the following negroes (to wit)Simeon, Maneul, George, Nelson, Evaline, Martha, Frank & Betty and what stock of all kinds that I may die possessed of that she may select for her benefit & support. Also, one of my waggons & two yoke oxen & also the plantation whereon I now live for her use during her natural life. Also my carriage -- Item 2nd - I give and bequeath to my son Richard Dowdy the following negroes (to wit) London, Rody, Caleb, Joseph, Louisa - Item 3rd - I give and bequeath to my son Willis W M Dowdy and Rabun G. Hood, my grandson, the following negroes (to wit) Dick, Tinor?, Lorana & Mary her child to be held by them or such person or persons as they may nominate or appoint in trust to and for the sole benefit & behalf of my daughter Martha T. Hood, free from any and all controls, debt or contract or agreement of her present Husband or any future one. My Will is that after the death of my daughter Martha T. Hood that the property with the increase of the females given in trust for her benefit & support be equally divided amongst her children and their heirs except ? Erastus Hood who is not to receive any portion of my estate. Item 4th - I give and bequeath to my granddaughter Louisa A. Hood one negro girl called Caroline, the said girl Caroline is now in possession of ???? Joel Hood and the said girl Caroline given as above to my granddaughter Louisa A. Hood is intended as part of the Legacy given to my daughter Martha T. Hood & in the event of my granddaughter Louisa A. Hood dying without Lawful Heirs of her body the girl Caroline & her increase to go to and be equally divided between her two sisters or the Heirs of their body - Item 5 - I give and bequeath to my grandson Newton Noell & my friend Peyton D. Sanders & Dr. William W. Davenport the following property (to wit) One tract land whereon John C. Noell now lives, as will be more fully explained by a deed from John C. Noell to myself and also the following negroes - old Mary, Stephen, Sistana & Malinda with the increase of the females, the last named woman now in possession of John C. Noell, to be held by them or such person or persons as they nominate or appoint, in trust to & for the sole use and benefit of my daughter Sophiah W. Noell, free from any and all Controls, Debt, Contract or agreement of her present Husband or any future one. My Will is that after the death of my daughter Sophiah W. Noell that this property given in trust for her support and benefit go to & be equally divided between her children and their Heirs (except Harriet Noell). Item 6th - I give and bequeath to my granddaughter Harriet Noell one Negro girl called Jane now in John C Noells possession with the increase of said girl Jane, she the said girl Jane being part of the Legacy left in trust for the support & benefit of my daughter Sophiah W. Noell also one hundred dollars to be paid her from the proceeds of the sale of land whereon John C. Noell now lives after the death of my daughter Sophiah W. Noell & in the event of the death of Harriet Noell without Heir, the girl Jane willed her to go to her sister Francis Noell. Item 7th - I give and bequeath to my son Richard Dowdy and Relative John M. Dowdy the following negroes to wit Permelia, Betsey, Joshuia, Susan, Mariah also the land whereon Alexander Armstrong now lives known as the Willis Dowdy tract, to be divided in the following manner. Running from Kents Hickrory, now Stone Corner across the market road down the road leading from my house to the blacksmith shop on the road to the middle of the skirt of woods on the left hand side of the road & then a line to be seen to equally divide the skirt of woods to continue across the creek and swanp to a Rock Corner, thence to a forked pine near the east drawbar in the goshen field on the Shackelford Road and the balance of Boundary be ???????ance with a dead from Willis W. M. Dowdy to my self, to be held by them or such person or persons as they may nominate or appoint in trust to and for the sole use and benefit of my daughter Malissa M. Armstrong free from any and all debts, Contracts or agreements of her present husband or any future one, my Will is that the boy Joshuia given in trust for the support & benefit of my daughter Malissa M Armstrong, after her death to go and belong to my son Alexander G.? Martin - and also the girl Susan willed & in trust for my daughter Ms M Armstrong after her death to go & ?? granddaughter Salina Mathews, the said girl Susan not to be subject to the Control of her present or any future husband, but to be held in trust by my son Richard Dowdy for her support & benefit, the balance of the negroes Willed in trust for the benefit & support of my Daughter Malisa M. Armstrong after her death to go to and be equally divided together with the increase of the females between her children & their Heirs except Nancy Black, & also my spinning machine to be taken at valuation. My Will is that the land left in trust for the use and benefit of my daughter Malissa M. Armstrong after her death to go to and divided amongst my grand children, Alexander L. Martin, Hopson H. Martin and Salina Mathews, the part of said land going to Salina Mathews to be held by Richard Dowdy in trust for her support and benefit not subject to her present or any future husbands contracts - Item 8th - I give and bequeath to my son Willis W. M. Dowdy the following negroes (to wit) Billy, Manerva, Wesley, Dick, Patina & Saphrona the two latter now in the possession of Willis W. M. Dowdy - Item 9th - I give and bequeath to my grand son Hopson H. Martin one negro girl called Saryann - Item 10th - My Will is that after the death of my wife Mary Dowdy that all the property willed for her support and benefit during her natural life, the land to be sold to the highest bidder in three or four annual instalments as my Executor may think, but, my Will is that the girl Evaline & her child Martha go to my son Richard Dowdy to be taken at valuation & the boy Nelson to my son Richard & John M. Dowdy in trust for the use and benefit of my daughter Malissa M. Armstrong and after her death the said boy Nelson to be equally divided between my grand children, Alexander L. Martin, Selina Mathews and Hopson H. Martin and the residue of negroes willed my wife during her life to have the priviledge of selecting their Masters provided they will take them at valuation, if that cannot be effected they must be sold to the highest bidder dor distribution amongst my children or their heirs, the property going to my daughters to be held in trust for their benefit by the individuals herein before appointed - Item 11th - for the purpose of better enabling my Exector to settle with the legatees in this my last will and testament, the following are the sums paid to my children respectively at and after their leaving me all of which sums are to be deducted from their legacies in the final settlement of my estate after the death of my wife Mary Dowdy -- Amounts paid to my Children Respectively , Paid to Richard Dowdy ----------------------------------------$1100 Paid Martha L. Hood One negro girl Matilda value at----$350 One horse----------------------------------value at------50 One negro girl---Caroline-------------------value at-----200 One lot land no 260 in formerly Muscogee now Harris County--------------------------value at-----215 Cash paid Col. J. H. Lumpkin---------------value at-----773.91 being over and above the amount paid---------------------------1588.91 by her husband Joel Hood, Balance on carriage--------------------------------------10.00 Cash paid George R. Gilmer------------------------------450.00 ----------------------------------------------------------------460 .00 ---------------------------------------------------------------2048 .91 over and above the amount paid by Joel Hood her husband- the last named amount to bear interest from the 1st day of January 1837. Paid Sophia W. Noell one negro girl Malinda @------------350 "----"------"--"-----"---"-----"----Jane-----------------250 Cash paid for girl malinda by taking up executing a grant John C Noell-------------------------------------600 One tract of land where John C. Nowell now lives--------1000 ---------------------------------------------------------------2200 .00 Paid Malissa M. Armstrong one negro girl Louisa @---------350 One tract of land whereon Alexander Armstrong no lives----900 ---------------------------------------------------------------1250 Paid Willis W.M. Dowdy land & other items----------------1200 " " " " " one negro man Dick-----------------200 " " " " " one " girl Saphronia-----------200 ---------------------------------------------------------------1600 I nominate, constitute and appoint my sons Richard Dowdy & Willis W. M. Dowdy executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal in the year of our Lord one thousand Eight hundred and forty three and on the 13th day of December - his Martin X Dowdy (Seal) mark signed, sealed, published & acknowledged and declared in presence of us, (erasures & unterlines before assigned) Benjamin O'Kelly John M. Dowdy B.W. Hubbard Codicil---- Georgia, Oglethorpe County-- I Martin Dowdy being of sound mind & memory make and publish is Codicil to my Last Will & testament in manner following (to wit) Item 1st-- Whereas in my Last Will and testament I hae given & bequeathed a negro woman called Betty to my wife Mary Dowdy, my Will is that the said negro Betty go to Polly Nix & a little negro girl or two hundred dollars as my Executors may determine. Item 2nd-- my Will is that the boy London given in my Last Will to my son Richard Dowdy. I give to my son Richard and Relation John M. Dowdy in trust for the use and benefit of my daughter Malisa M. Armstrong free from all debts contracts or agreements of her present Husband or any future one, provided that my daughter Malissa M. Armstrong will take the said London at valuation, and it shall be thought but for her interest by my Executors for her to take him, otherwise the said boy London to go to my wife Mary Dowdy and at her death be disposed of as the other negroes willed her as discribed in the 10th Item in my Last will & testament & I also give and bequeath to my son Richard & Relation John M. Dowdy two negroes to wit a man called Rit & a woman called Malarda in trust for the support and benefit of my daughter Malissa M. Armstrong free from all debts Contracts & agreements of her present Husband or any future one, the said negroes Rit & Malarda to be taken at what they cost me including principal & interest. my Will is that the property of all kinds left in trust for the benefit & support of my daughter Malissa M. Armstrong after her death go to and be equally divided between her children Alexander L. Martin, Salina Mathews and Hopson H. Martin should my daughter Malissa M. Armstrong & my Executors at any time think proper to part with the negroes Joshua and Susan, they are permitted to give Joshua to Alexander L. Martin & Susan to Salina Mathews. Item 3rd-- I give and bequeath to my son Richard Dowdy one negro man called Barnett, given in place of the boy London Willed in my last Will & testament to my son Richard & given in trust in this my Codicil for the use & support of my daughter Malissa M. Armstrong - Itme 4th - my Will is that my grandson Erastus C. Hood receive and equal share with his brothers & sisters as willed in my Last Will & testament in Item the third - Item 5th - my Will is that Richard Dowdy retain in his hands from my estate funds sufficient to board & send Hopson H. Martin to school one year should he think it best for his interest after my death . my Will further is that a negro girl called Sarayann Willed to my grandson Hopson H. Martin in my Last Will and testament go to and be held in trust by Richard Dowdy & John M. Dowdy for the use and benefit of my said grandson Hopson H. Martin & also any other property that the said Hopson H. Martin may inherit from my estate to be held in trust by the said Richard & John M. Dowdy - Item 6th - I give and bequeath my grandson Upson Noell one negro girl called Cynthia Item 7th-- In my Last Will and testament I gave my granddaughter Harriet Noell one hundred dollars to be paid fromthe proceeds of the land whereon John C. Noell now lives after the death of my daughter Sophia W. Noell - my will is that the said bequeath go in common stock & be divided as directed in the tenth Item in my last Will & testament. My will is that is my persent Codicil be amended to and made a part of my Last Will & Testament to all intents & purposes. (Underlines & Erasures before signed) In Witness whereof I hae hereunto set my hand and seal this 25th day of April 1845. his Martin X Dowdy (Seal) mark Signed Sealed Published and declared by the above named Martin Dowdy as a Codicil to be Amended to his Last Will & testament in presence of B. W. Hubbard Benjamin Walker Francis W. M. Dowdy Georgia,Oglethorpe County -- I Martin Dowdy have thought proper to add this supplement to the Codicil of my Last Will and testament - Item 1st. I wil to Alexander Armstrong my Blacksmith shop together with all the tools of every description with the lot of land on which the shop is situated containing be estimation between four and five acres adjoining the tract of land whereon I now live & lands of Elias Kent & Alexander Armstrong valued at two hundred dollars & also the services of my Blacksmith London for three years at seventy five dollars per year, making two hundred and twenty five dollars & also after the death of my wife seventy five dollars to be paid from my estate, making the sum of five hundred dollars, with the condition that the said sum of five hundred dollars he held in trust by Richard Downy & John M. Dowdy to be equally divided & paid to Alexander Armstrong's children by my daughter Malissa M. Armstrong on their arriving at the age of 21 or marrying, the above sum of five hundred dollars to be part of my daughter Malissa M. Armstrong's legacy from my estate - 2nd - My Will is that my sons Willis W. M. & Richard Dowdy have the priviledge of taking the land whereon I now live after the death of my wife, at valuation & that they pay $250 annually to the other legatees until the whole is paid and appoint my friend Booker W. Hubbard and Joseph Stephens with the request that they select three others to appraise said land -- The word (my) underlined before signed his Martin X Dowdy (Seal) mark signed sealed published and declared this 13th day of September 1845 in presence of -- W. Kent Elias Kent Booker W. Hubbard Georgia, Oglethorpe County -- Personally appeared in open Court Benjamin O'Kelly, John M. Dowdy and BW Hubbard subscribing witnesses to the within Will and B W Hubbard, Benjamin Walker and F W. M. Dowdy to the Codicil and W. Kent, Elias Kent and B. W. Hubbard to the supplement and after being duly sworn deposeth and saith that they saw Martin Dowdy sign, seal, publish and declare this writing to be his last wil and testament, that at the time thereof he was of sound, disposing mind and memor, and that he did it freely without compulsion and that they also signed the same as witnesses to the best of your knowledge, so help you God. Sworn to and subscribed in opern court this 3rd day of November 1845 - Benjamin O'Kelly (Seal) John M. Dowdy (Seal)------Witnesses to the Will B. W. Hubbard (Seal) B. W. Hubbard (Seal) Benjamin Walker (Seal)-----Witnesses to the Codicil Francis W. M. Dowdy (Seal) W. Kent (Seal) Elias Kent (Seal)---------Witnesses to the Supplement B. W. Hubbard (Seal) Georgia, Oglethrope County -- Court of Ordinary Nov. Term 1845. The within Last Will and testament of Martin Dowdy deceased together with the Codicil and Supplement to the same was exhibited in open court and duly proven at this regular term of the court the main body of the will upon the oaths of Benjamin O'Kelly, John M. Dowdy and B. W. Hubbard, the Codicil upon the oaths of B. W. Hubbard, Benjamin Walker and Francis W. M. Dowdy and the supplement to the Codicil upon the oaths of Wm Kent, Elias Kent and B. W. Hubbard ordered that the same be admitted to record. Recorded the 7th day of November 1845. Henry Britain C.C.O. ==================================================================== USGENWEB 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 Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Wayne D. Tiller ====================================================================