Georgia: Oglethorpe County: The Will of Anderson Fambrough 30th December 1848 ==================================================================== 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: Wayne Tiller wtiller@attglobal.net ==================================================================== The Will of Anderson Fambrough - Will Book D Page 264 Georgia, Oglethorpe County -- In the name of God Amen - I Anderson Fambrough of the State and County aforesaid being weak in body, but I trust of sound and disposing mind and memory and knowing that is appointed unto men once to die, and after this the judgment and feeling desirous to put my earthly affairs in order as I trust my spiritual house is prepared, I hereby constitue and appoint this my last Will and testament in the words following to wit, Item the 1st - I give to my beloved wife Delilah Fambrough with whom I have enjoyed many pleasant hours and exchanged much useful Counsel, the lot of land whereon I now live containing three hundred and seventy five acres, said land is on the Oconee River and adjoins Pope Christopher and others. It is my wish that she is to be possessed of it during her natural life or widowhood free from all claims. I also give to her my negro woman Chain? about forty two or three years old during her natural life to have free from all other claims - also one horse, choice of the stock, two cows and calves, one sow and pigs, one hundred and fifty bushel of corn, thirty bushels of wheat, fifteen hundred pound of fodder, one thousand pound of pork or hogs to make it, Plantation tools sufficient for one horse, oxcart and yoke of oxen, beb bedstead and furniture, cooking utensels, the cupboard and half a dozen chairs & half a dozen sheep fowl and so forth -- Item 2nd -- I wish my three youngest children to remain with their mother and to be raised to work and if in the judgement of my executors herein after named, the work sufficient to pay for their board and schooling up to eighteen years of age, why they are to be free from charge, but if they do not, then they are not entitled to a support from the land willed to their mother, and in case they do remain and work and pay their expenses up to that date to wit, Eighteen, then my executors are requested to allow them reasonable wages for their work until they arrive to the age of twenty one, to wit, Joseph, Jesse and Sarah. Item 3rd - I appoint my trustly son Pendleton S. Fambrough trustee for his mother Delilah Fambrough. Item 4th - I give to my son Thomas M. Fambrough fifty dollars out of the proceeds of sale as he has already received his distribution share - Item 5th - I give and bequeath to my son John Fambrough or the lawful heirs of his body one hundred dollars, to be placed in the hands of Pendleton S. Fambrough as trustee, and in case he is dead and no lawful heirs, then the legacy to be equally divided between my other heirs. Item 6th - I give to my son Pendleton S. Fambrough the lot of land I live on at the death of my wife or her intermarriage, but it is my wish for him to live with and take care of his mother, as though him and her were one family, as it seems to me most reasonable that he should. Item 7th - I give and bequeath to my son Stephen M Fambrough one hundred dollars to be paid out of the proceeds of this sale, and I appoint my son P. S. Fambrough trustee for the money I give said Stephen M. Fambrough - Etem 8th - I give and bequeath unto the rest of my children - all the rest of my estate real and personal, money, notes and accounts - and appoint the said P. S. Fambrough trustee for the money which I give or may fall to Susans Lott, that is Susan J. Nowell - or her children for it is expressly my wish that it be kept by said trustee and given to the use of my daughter Susan & her lawful heirs of her body for their use. The rest of my children meaning Alexander M. Joseph S & Jesse M. I give what may be their proportionable part to them and their heirs. But it is my wish that Susan's portain be left in the hands of P. S. Fambrough if she ??? single, until she coms of age or marries, it is my wish at he act as trustee in the management of her estate for the use and benefit of her and the lawful heirs of her body. Alexander M. Susan J. Nowell & Allen L. is to draw one hundred dollars less than the other five, giving they have received that amount more than those five - Item 9th - I hereby constitute and appoint my son Thomas M. Fambrough, Franklin C. Campbell and Joseph B. Smith my executors to this my last will and testament , and I wish the sale of the property to be made on the place I now reside - his Anderson X Fambrough (Seal) mark ???? Signed sealed & acknowledged and declared in presence of us this 30th December 1848. George Nicholson Richard Christopher George Lumpkin Codicil State of Georgia, Oglethorpe County -- Whereas I Anderson Fambrough in eighteen hundred and forty eight on the thirtyth day of that month did sign seal declare and publish my last will and testament in presence of George Lumpkin, George Nicholson & Richard Christopher, who signed the said will and testament as witnesses and whereas I am desirous of altering and changing a bequest and devise in said will I therefore make and publish this Codicil to said will. Item 1st - I wish so much of that Item altered so as to leave my beloved wife Delilah Fambrough so as give her one third of the land whereon I now live taking it off of the south side parallel with M. Popes line, the balance of the property to remain hers as first given with the exception the balance of the land which will be hers after expossed the above to be hers during her life time, or widowhood. ---- Item 6th - I give to my son pendleton S. Fambrough the balance of my land after giving on(e) third to my wife, as above mentioned. I also wish him to attend John H. Stephen M. Fambrough & Susan J Nowell property as mentioned in my will I wish him to attend to the above request without charging for the same --- Item 7th - I wish my son Stephen M. Fambrough to have fifty dollars more than I left him in my last will - all the property left to my beloved wife Delilah Fambrough at her death to be sold on the premises and be equally divided between my nine youngest children Steven M. Lucinda M. Alexander M. Allen L. Susan J. Andrew J. Joseph S. Jesse M. Sarah E. Fambrough. Lucinda M & Susan J. Now Lucinda M Michael & Susan J. Nowell. his Anderson X Fambrough mark signed sealed and published by Anderson Fambrough as the Codicil to his last Will & testament on the ninth day of September 1850 in the presence of said Testator at his speial instance and request and of each other this 9th day of September 1850. his Aaron H X Wilks mark James F. Campbell Richard J. Nicholson Geogia, Oglethorpe County -- Court of Ordinary March Term 1851 - In Vacation on the 27th day of January last, the Last Will and testament of Anderson Fambrough deceased was exhibited and duly proven before Thomas H. Hawkins and William M. Landrum, two of the Justices of the Inferior Court, the main body of the will upon the oaths of George Nicholson, Richard Christopher and George Lumpkin, and the Codicil appended to this will upon the oaths of Aaron H. Wilks, James F. Campbell, and Richard J. Nicholson all subscribing witnesses to the Will & Codicil, and ordered to be laid over until the Regular Term of this Court for further Action. It is now Ordered that the same be admitted to Record, and that letters Testamentary issue to the executors in the ??????. Recorded the 8th day of March 1851 Henry Britain C.C.O.