Georgia: Oglethorpe County: William Edwards Will, 19 March 1864 ==================================================================== 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 this file permanently for free access. This file was contributed by: Gordon Thornton gordont@integrity.com ==================================================================== Submitted by Gordon Thornton gordont@integrity.com Will of William Edwards, March 19, 1864 Oglethorpe County, GA; Will Book D, pp. 530ff Proven, January 10, 1865 __________________________________________ Court of Ordinary January Term 1865 State of Georgia ) March 19th 1864 The Last Will and testament of William Oglethorpe County ) Edwards of said county I William Edwards of said county do make ordain declare and publish this to be my last will and Testament hereby revoking and annulling all others, in manner and form as follows to wit: Item First: I direct that all my just debts shall first be paid by my executor without unnecessary delay. Second: I give and bequeath to my beloved wife Narcissa EDWARDS all my Real Estate situate being and lying in the said County of Oglethorpe for and during her natural life. I further give her the right to choose out of my negro slaves such negros as she my said wife wishes and may select to work and use on said land or real estate, and also such stock - horses mules, cattle - hogs - sheep poultry farming utensils - household and kitchen furniture -provisions horses and carriages as she may wish and to have and to hold the same during her natural life and at the death of my said wife I direct that all of said property be divided among my children and the representations of such children as may be dead, the representation taking the place of the parent equally on the terms hereinafter set forth. I mean that my grand children are to take "per sterpes"[?] and not per capita, and that my grand daughter Tallula Kate HARRISON is to have the share of her mother Susan HARRISON deceased. Third: I have heretofore to my son John G. M. my daughter Albina McCALL, my daughter Parmeila E. WINTER given two negroes to each of them. To my daughter Susan HARRISON now deceased I have given one negro. I direct that my son Josephus B. and Gustavus J who have had no advancments and my grand daughter whos mother has had but one negro - shall be made equal in negro property to my first-named children who have had two negros each and I direct that this equality be effected by setting off to my two sons Josephus B and Gustavus J - two negros each whose value is to be estimated as the value of the negros given to my first-named children was estimated at the time said negros was delivered to my first named children aforsaid, and one negro to my grand daughter Tallula Kate HARRISON to be valued in the manner aforsaid. Fourth: All the rent and residue of my estate both real and personal not herinbefore disposed I direct to be equally divided between my aforsaid children and my said grand daughter Tallula Kate HARRISON and I especially direct that the negros if practible be divided in kind. Fifth: I direct that in case my grand daughter Tallula Kate HARRISON should die leaving no child or children or representatives of child or children then and in that case the property bequeathed to her by this will shall go to my aforsaid children. Sixth: I hereby nominate and appoint my son John G. M. EDWARDS trustee to hold and use the property that may fall to Josephus B under this will for the benefit of said Josephus B during the natural life of said Josephus B and after his death to be equally divided among the children of the said Josephus B. I direct that neither the life estate nor the remainder nor the rents and profits shall be subject to the debt contracts and liabilities to the said Joseps B. but the rents issue and profits of said property shall be applied faithfully to the support of the said Josephus B and his children to be apportioned by and judged of by the said trustee as to the distribution of the same between the said Josephus and his said children. I also direct that the two negros herinbefore appointed to be set apart to the said Josephus B to make him equal in negro property to my first named children aforsaid - shall be kept on the plantation with the negros my wife may choose as long as the children of said Jospehus B shall stay with my wife and the labor of said two negros shall be applied to assist in the support of said children. Seventh: The portion which may fall to my daughter Albina McCALL I direct shall go into the hands of her husband George R. McCALL who is to hold the same in trust for the maintenance and support of my said daughter and her children and the said George R during the life my said daughter and after her death to be equally divided among the children of said Albina. Eighth: I direct that the portion of my daughter Parmelia E. WINTER coming to her under this will shall go into the hands of her husband J. C. WINTER under the same terms conditions and restrictions that I have put in item Seventh on the portion of my daughter Albina M. Ninth: I hereby nominate and appoint my son John G. M. EDWARDS and my son in Law George R. McCALL my executors to carry into effect this my last Will and Testament and if it should become necessary to sell property I hereby empower my said executors to make such sale without first obtaining an order of court to sell. In witness whereof I have hereunto set my hand and seal this 19th day of March 1864. William Edwards (LS) Signed Sealed published and declared in our presence this 19th day of March 1864 Benj F. Hardeman Nancy L. Martin James Reynolds James Norton Edward Day James N. Wright State of Georgia ) Personally appeared in open court Oglethorpe County ) Nancy L. Martin, James Reynolds and James Norton three of the subscribing witnesses to the within and after being duly sworn deposeth and saith that they saw William Edwards sign seal publish and declare the within to be his last Will and Testament and at the time thereof he was of sound disposing mind and memory and that he did it freely without compulsion and that they signed the same? as witnesses at the especial instance and request of the testator in this presence and in the presence of each other Nancy L. Martin James Reynolds James Norton Court of Ordinary January term 1865 The within last Will and Testament of William Edwards late of Oglethorpe County deceased having been? presented to the Court by Narcissa Edwards his widow and relict of said deceased and the same having been duly proven in common form of law at this regular time of the Court in open Court upon the oaths of Nancy L. Martin, James Reynolds and James Norton three of the subscribing witnesses to the same. Ordered that said Will be admitted to probate and record. E. E. Shackelford Ordinary Recorded this 10 day of January 1865 E. E. Shackelford Ordinary