Georgia: Oglethorpe County: Last Will & Testament of Joel Hurt 6 October 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: Judith Gresham judo53@chartermi.net ==================================================================== Page 28 Will of J. Joel Hurt Georgia Olgethorpe County I Joel Hurt being of sound mind and disposing memory do make, ordain, declare and publish this to be my last will and testament, hereby revoking all others heretofore made by me. Item 1st. The property I have heretofore given to my children who have married I consider equal except H. L. French's wife, and I hereby give said French's wife the labor and use of Kate a Negro woman from the time they have had her until I call for her and if I do not call for her, the use of her without here until my death. Item 2nd, I give my wife Mary a Negro girl named Harriet and her child, also Jenny a mulatto girl, also my household and kitchen furniture. Stock of all kind, as many as she may choose, and as much of the crop and provisions that may be on hand, ample for one years support, also my present growing cotton crop as a lifetime estate. (Except the Negro girl named Harriet and her child and the girl Jenny and her increase) also except the growing cotton crop which is to be equally divided as the remainder of my property hereafter mentioned at her death. Item 3rd, I will to my son James the boy Henry and the woman Dilly, her children and all future increase, and to my son Augustus, the boy Tom and the woman Sallie and her children and all future increase. To my son Johny the boy Squire and the woman Lizzie and her children and all her future increase, and should either or any of the Negroes become worthless or depreciate in value before going into their possession respectively, then it is my will that the loss be made up to them out of the remainder of my estate before any distribution hereinafter made shall take place. Item 4th, To my wife Mary I will and bequeath all my lands that I may die possessed of. Also the following Negroes - viz - Crawford and his wife and her eight children, also Frankey and her six children, also Peter and his wife and her youngest child, also Griffin, Hal and Ned. The blacksmith tools and farming utensils and cotton gin, all the spun yarn on hand. Buggy and harness and all the leather that may be on hand at the time of my death for and during her lifetime for support and maintainance and at her death, the lands is to go to and rest in my three sons, and the Negroes mentioned in this clause at her death is to be equally divided between all of my children under the same conditions as the remainder of my property in the next item of this my will. Item 5th, My will is that the remainder of my estate of all kinds whatsoever to be divided into eight equal parts, to be distributed as follows---To each of my threes sons before mentioned. I will on part respectively and to each of my daughters - viz - Caroline Wynn, Emily French, Mary Johnson, Josephine Stevens, and Cordelia Stevens I will share and share alike of the five remaining parts, free from the debts and contracts of their present or future husbands and at their deaths respectively to go to their prospective child and children, and should either or any of them die without leaving such child or children that it is my will that her or their portions go to the surviving brothers and sisters or their children. Item 6th, I hereby appoint my three Sons James, Augustus, and John and constitute them executors, giving them full powers to carry into effect this my last will and testament and leave to their discretion whether they shall make returns of appraisement and distribution or not. In witness whereof I have hereunto set my hand and seal this Sixth day of October, 1864 Joel Hurt Signed, Sealed, declared and published in our presence which we hereunto sign as witness in the presence of one another at Testators request the words "also except the growing cotton crop" "Tom" "the boy" "Lizzie" "and farming utensils, and cotton gin" "divided" The above words were all inter lined at Testators request before being signed. Addison A. Bell Joseph B. Stevens Jeremiah Maxey State of Georgia Olgethorpe County Personally appeared in open Court Jeremiah Maxey, one of the witnesses to the within will, after being duly sworn -------and said that he saw Joel Hurt sign, seal, publish and declare the within to be his last will and testament, that at the time thereof he was of sound and disposing mind and memory and that he did it freely without compulsion and that he witnessed the same in the presence of the Testrator at his special request and instance and in the presence of the other witnesses. Sworn to and subscribed before me Jeremiah Maxey in open court this 1st of November 1869. F. J. Robinson Ordinary Georgia Olgethorpe County Court of the Ordinary November term 1869 The within last will and Testament of Joel Hurt deceased late of said county having been presented by the executors therein named and the same having been duly proven in common form of law in open court at this Regular Term of the Court upon the Oath of Jeremiah Maxey one of the subscribing witnesses to said last will and Testament Ordered, That the said Will be admitted to record this 1st day of November, 1869. Signed F. J. Robinson Recorded this 3rd day of November, 1869 Signed F. J. Robinson Ex Off ---------- Judith Gresham