Wills: George Lumpkin, 1857: Oglethorpe Co., GA Contributed for use in USGenWeb Archives by Laura Stotler Lstotler@aol.com Last Will and Testament of George Lumpkin, Oglethorpe County, GA Will Book D (1833-1866), Pgs 365-375. State of Georgia } I George Lumpkin of the County and State Oglethorpe County } aforementioned being this day sixty seven years of age and knowing that it is appointed for man once to die, and trusting I am of sound and disposing mind and memory, or as much so as persons of my age, do constitute and appoint this my last will and testament in the words following to wit, I desire that my just debts be paid by my Executors out of my estate. Item 1st I give to my beloved wife Lucy Lumpkin five thousand dollars in property valued by three disinterested men chosen by my Executors out of any property I own or the sum of five thousand in money to do as she pleases with it at her death------ Item 2nd I give to my Daughter Angelina Davises children each one hundred dollars to be paid to them out of the monies arising from the sale of my estate as I wish for all to be sold, except such property as my beloved wife Lucy Lumpkin may think proper to take, if any of her Legacy is taken in property at valuation, but I wish my executors to exercise discretion as to the time They may deem most expedient to pay to my or all of (can't read rest of line) in this-------- 2nd Item and I believe Wm. J. Davis has not (word) Received his Legal equal distribution share of my estate, but he consumed more than any one of the rest can or will obtain (word). Item 3rd I give to my son John H. Lumpkin an equal share of my Estate after deducting what he has already Received-which I look upon as five thousand dollars but a part of which sum is now in a note in the hands of said John due by me, to be paid out of my estate and then Interest Counted on the five thousand dollars from the time he settled in Rome, to the division of my property, believing as I do, that it is unequal for minors or younger children to Receive only an equal share on all Ordinary cases and not compelling the Senior or eldest children to pay interest on their Legacies though they may have Received them Twenty years--- Item 4th I give to the Lawful heirs of the body of my deceased daughter Matilda Milner- to wit Sarah Rebecca, John E., George M., Jonathan, Wm. P., Cordelia, Annaretta I. and Matilda Pope Milner. Conditioned- Whereas John D. Milner Matthew Varner and myself did exercise a Copartnership transaction on the Georgia Rail Road the year eighteen hundred and forty one and also on the Western and Atlantic Rail Road in eighteen hundred and forty two and seven months and a half on the said last Road in eighteen hundred and forty three on the Georgia Rail Road, we were to finish equal and draw equal of the profits, if any, and I hereby say that I furnished a good deal more than half of the supplies and do not verily believe that I received but a very small amount more than my first proportion, for I saw in twelve or twenty four months back an Account charged to be by John D. Milner in his Rail Road book kept by him on the Georgia Rail Road work of $4901.78 cents with a writ of $556.76 1/2 cents leaving me to Account for 4345.11 1/2 cents- and I have proof that during some of our efforts to settle at my own house in Carting up each my liabilities They had used funds for their own use to the amount of over forty six hundred dollars-from 4600 to $4800 therefore there was no ground for them to claim indebtedness from me to them on the Georgia Contract and on the Western & Atlantic-the Contract was never Renewed or any thing said about it, but we went to work and Continued as above, one year and seven months and a half me working three fifths of the hands, if not 2/3rds and my own services all the time and furnished my own home and Buggy and paid all most all my own expenses for one year and seven months and a half, and lay hard and lived hard and struggled hard- and both Milner and Varner under affliction at home nearly all the time by the fire side and in a warm bed-and whence I claim one Hundred dollars for month for my services & home & Buggy and expenses for nineteen Months and a half and I have paid for the Concern I think near nineteen Hundred dollars, and private debts due me by the two for four or five or six hundred dollars- making near twenty five hundred dollars besides my services Rendered twelve or thirteen years ago for nineteen hundred and fifty dollars-all added is some where near four Thousand dollars-has to be Accounted for in our settlement and having (interest on the 1950 - 12 1/2 years) Endeavored to obtain a settlement and failed and then proposing in writing to submit it to men chosen mutually by us of wisdom and qualification, and abide their award and meeting a refusal-at least by silently giving my proposed the go by-it stands so yet unsettled and believing that there is a second inspection operating on the minds of my two sons in Law- to wit that I am an old man and must awarding to Reason go the way of all the living before long. and as I believe from what I have had said to me that they hod some Executions or Fibers (?) which was my own proper debts or debt-either transferred to them or one of them though paid with my individual funds or the Joint funds of one of the firms and as money has no ear marks can't be told easily where my Satisfied the Original holders or owners claim or claims and being myself fully satisfied in my own mind. That upon a full & fair settlement of all claims & dues which they hod against me or may introduce against my estate after my decease through all my profits as far as any was made went to the settlement of all claims against me and not only the profits from the Rail Roads but a large Amount from sale of many Crops of Cotton from Eighteen forty to eighteen forty four or forty five. My Bills of sale will show by Reference to them and I think during our turn of worth or services on the Rail Roads that Wm Milner & Varner made us good as no Cotton to Raise money with. Reference to their Bills and mine would show or in case of failure, Commifirm Merchants Books would verify and as my said sons in Law have never given me or shown me a statement of the amount of money they Received & paid out to my debts & judgments Received by Them from sales of my Cotton nor have they given me, nor Could I get it, a statement of my whole Liabilities on both Roads nor of their own nor have they even intimated to one they hold Judgments (viz) me unsatisfied and believing as I do that they are to a considerable amount behind hand with me not less than two thousand dollars-and I think Three Thousand. And now in view of all those facts, sincerely desiring to avoid giving my Representatives trouble after my death and to prevent if possible any and all litigation touching the outstanding & unsettled accounts Between us to wit John D. Milder and Matthew Varner and myself- and my other children, I give and bequeath to the foregoing named heirs of the body of my deceased Daughter Matilda Milner and equal share already give her during her life which I Consider twenty eight hundred and fifty dollars- on the following conditions, to wit that is to say that if John D. Milner shall within two months from and after the probate of my Will and the granting of letters Testamentary to my executors-herein after named release and Relinquish to my executors all and all manner of debts, duty and demands that he has or holds at my death either Joint with Matthew Varner or separate against me at my death or against my estate whether by not, Bill, Bond, account Judgment or execution or in any other way or manner under the hand & seal of the said Milner, then and in that case or event the sum of an agreed share including the twenty eight hundred and fifty dollars Received from my estate during the life time of my daughter Matilda Milner which devise is for the benefit and use of the afore mentioned heirs of the body of my Daughter aforesaid- and as this Legacy or bequest herein last mentioned in this Item of my Will is entirely defunded upon the Executor signing, sealing & delivery of the Release Required of John D. Milner the Release being a Conditioned precedent to the vesting of said Legacy in the children of my deceased Daughter Matilda Milner and if the said John D. Milner fails or Refuses to execute and deliver the Release required as before mentioned within the time specified, then the said legacy Conditionally given to said before mentioned heirs of my deceased daughter Matilda Milner stands subject to division between the rest of my heirs Angelina Davises heirs being excepted-not being subject to division among them- Item 5th I give and bequeath to my Daughter Sarah G. Varner: the Heirs of her body subject to Division among them at her death and as the 4th Item, Recapitulates a copartnership transaction some years ago between myself, John D. Milner and Matthew Varner the Husband of my Daughter Sarah G. Varner has been fully and distinctly described in the foregoing Item with a small exception to wit, that the private debts of the two due me was near five hundred or between four & five hundred dollars-I would have state that Matthew Varner's private debt due me on settlement will be larger than the private debts of John D. Milner perhaps a third more. Now inasmuch as he was joint with Milner as far as I know and as they stand connected with those Rail Road transactions in all must or quite similar circumstances, I shall have omit to Recapitulate all the facts as stated in the 4th or foregoing Item and say its justly applicable to Matthew Varner believing they have been about equally rewarded by the Rail Road operating with John D. Milner, and as I have heretofore given to Sarah G. Varner about the same I give to Matilda Milner deceased, during her lifetime I here say I have give to Sarah G. Varner twenty eight hundred and fifty dollars and when this sum twenty eight hundred and fifty dollars are brought into the Calculation, I hereby give to her & the Lawful heirs of her body an equal share of my estate-subject to division under the Legal bearing or explanation of my Will in the different Items before and after this the5th as in the 4th Item entirely dependent on the Executor of signing, sealing and delivery of the Release required of Matthew Varner, the Release being a Conditioned precedent to the vesting of said Legacy in the wife & children of Matthew Varner and if the said Varner shall Release and Relinquish to my executors all and all manner of claim or claims debts dues and demands that he has or holds at my death wither Joint with John D. Milner or separate against me at my death or against my estate whether by note Bill Bonds Account Judgment or execution, or in any other way or manner under the signed and seal of the said Matthew Varner. Then and in that case or event the sum of an equal share including the amount Already given to the said Sarah G. Varner amounting to twenty eight hundred and fifty dollars as a Legacy to them and not otherwise-for if the said Varner fails within two months from the probate of my Will or the granting letters testamentary to my said executors, then said bequest is void. The property so willed to be subject only to division between John George & Martha as the persons I wish to divide it. Item 6th I give to my son George Lumpkin an equal portion of my estate with the Rest of any children taking into consideration the Intent on such Advancements from the date of their Reception Respectively and as I (can't read rest of line) D. Milner by his wife has Received twenty eight hundred and fifty dollars- and Matthew Varner by his wife twenty eight hundred and fifty dollars & John H. Lumpkin Five Thousand dollars including a not of mine he now holds, and here I say you have Received thirty-five hundred dollars and Davis his wifes portion except the Hundred dollars each to her children I here wish it expressly understood that my wish is that interest be Counted upon each ones Legacy from its Reception Accounting(?) to the Amounts Received Respectively as I have in this Will set down the amount each has Received. Item 7th I give to my Daughter Martha E. Moon an equal portion of my estate after all conditions and legacy specially willed and set a part is carried out and that is what I mean in each Item saying an equal portion having given her fifty five hundred dollars already including the place they live on called the Billy Ward Place containing two hundred acres- Codicil Believing that codicils to Wills are intended by the Law making power to save trouble and to do Justice in executing Wills Awarding to the desire and true intent of the testator I would have add a sentence. I wish it expressly understood that my wifes Legacy in my 1st Item is to be paid from every Contingency so that she gets as she may choose the item fulfilled & also the item that stands. 2nd I want the heirs of the body of Angelina Davis deceased to Receive the One Hundred dollars each & no Contingency to defeat it-and as there is a settlement that I have greatly desired to have accomplished during my life but have failed, and as I am satisfied from my knowledge of the facts that I have not Received all that I am Lawfully entitled to, I here say that including intent simple interest & look upon John D. Milner individually indebted to me one hundred and seventy five dollars at least-and look upon Matthew Varner due me five hundred dollars with some Courts (small) I also would further say that I have paid for John D. Milner & between eighteen and nineteen Hundred dollars since we completed the work on the Western & Atlantic R. Road about the middle of August 1845-and moreover I have Contended that my Services were worth to the Company one Hundred dollars per month during that year and seven months time we were fulfilling our Contract there say from the Chatahoochee Bridge to and in the City of Atlanta-amounting to nineteen hundred and fifty dollars, which sum has laid unpaid for twelve & a half years accumulating interest until the Interest is as large as the principal say nineteen Hundred and fifty dollars added is thirty nine hundred dollars for my individual services those services added Amt to sixty for Hundred and upwards dollars and the private debts are due me - and not a copartnership matter-and as I performed 3/5ths yet 2/3rds of the Labor of the hands we had on the Road-if they refuse or neglect the full Compliance of the Conditioned precedent as stated in the fifth and sixth Items of this my last Will & Testament-the and in that case they are to Receive nothing more of my estate for the benefit of the heirs of the body of Matilda Milner and or Sarah G. Varner and the Lawful heirs of her body and it is my wish that my executors deliver the Legacies (if any) to the heirs of the body of my three Daughters Matilda Milner Decd., Sarah G. Varner and Martha E. Moon or their Guardians legally appointed & authorized to Receive it for their use during their life and to be equally divided between the said heirs at their death, but as I have said in the body of this my will those three eldest to wit John H. Lumpkin Matilda Milner by her heirs and Sarah G. Varner for her use during life and at her death her heirs is to have an equal share of any sate not otherwise willed I hereby declare this Alteration I give to George Lumpkin and Martha E. Moon two thousand dollars more than those eldest if all Come in for a division by fully complying with the Condition before mentioned-and that the tract of land whereon Burnett Moon now Resides is a part of Martha E. Moons Legacy unbound(?) in this Will yet it is a part of the fifty five hundred dollars Counted in the foregoing estimates of Legacys willed- And I kindly appoint my son George Lumpkin my true & Lawful Executor to this my last Will to act and Carry it out and at no time to be bound to give security for his acts as such and if he dies or fails to execute this Will, it is my wish that my son John H. Lumpkin and my son ins Law Burnett Moon execute this Will. In testimony whereof I henceunto set my hand and office my seal to this my last will and testament in presence of James M. Young (sig) } Jefor M. Armestead (sig) } Geo Lumpkin (sig) (Seal) N. L. Collins (sig) } Signed Sealed Acknowledged and Delivered in presence of us this twenty sixth Day of November eighteen hundred & fifty seven- David C. Barrow (sig) } James Jewel (sig) } Geo Lumpkin (sig) (Seal) William Jewel Jr (sig) } Codicil to my last Will and Testament- After mature deliberation I have determined to make the following alterations in the above mentioned Will. To wit. In the first Item instead of leaving my wifes portion subject to her own disposal, it is my desire that the legacy which she Receives from my estate Awarding in amount to the provisions of the foregoing Will shall be equally divided between her two children at her death. I take this opportunity of expressing my great Repugnance to selling at Auction the wearing apparel and household effects of deceased persons and I wish it fully understood that any executor is at Liberty to divide all such effects as he pleases with my only condition that he sees that my wife has what she wishes and needs. In the Will above mentioned to which this codicil is added I give to the children of my deceased Daughter Angelina One Hundred dollars apiece, but instead of that amount in money I wish my Executor to divide the effects which I purchased on the day of selling the perishable property of Wm J. Davises estate at that Residence between the children of the said Wm J. David deceased it not being expected that the two older sons will agree to participate in the division. The division of these supplies- Household kitchen and plantation utensils including stock to be taken in lieu of the former bestowment of One Hundred dollars apiece-and Therefore a Revocation of that Clause in my Will- Furthermore I wish my Executor to Reserve in the sale of my land the title to fifty feet square embracing the present family burial ground and I wish him to have the graves enclosed. The grounds first in order and every thing about it fitted up in such style completeness and finish as is worthy of me and the position I and my family have occupied-The expense to be paid out of my portion of my estate only limited by the discretion of my executor. I also wish my executor to forbid the closing of the Road running by my grave yard at the sale of my land or I wish it subject to the use of my family & friends interlined before signed- Signed, sealed & acknowledged & delivered } In presence of us this 26th day of November 1857 } Geo Lumpkin (sig) (Seal) David C. Barrow (sig) } James Jewell (sig) } William Jewell Jr. (sig) } Georgia } Court of Ordinary January Term 1858. Oglethorpe County } The within last Will and Testament of the Rev. George Lumpkin deceased together will the Codicils to the same was exhibited in Court and duly proven at this Regular term of the Court in open Court upon the oaths of David C. Barrow, James Jewel and William Jewel, Jr. all subscribing witnesses to the same and Ordered that the same be Admitted to probate and be Recorded and that letters Testamentary issue in the provisions. Recorded the 19th day of January 1858. Henry Britain Ordinary (Sig) Transcribed by Laura Stotler July 15, 2001 Note: Spelling, punctuation and capitalization are transcribed as written on will. *********************************************************************** * USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. 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