Georgia: Oglethorpe County: Will of John Martin, 3 Nov 1863 ==================================================================== 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 gordon@integrity.com ==================================================================== Will of John Martin 3 Nov 1863 Submitted by Gordon Thornton gordont@integrity.com Will of John MARTIN, Oglethorpe County, Georgia Will Book D, Pages 496, 497, 498 State of Georgia, Oglethorpe County We, Mary BROOKS, Amy BUTLER, and Matthew F. JACKSON were present on the morning of the twenty third day of October in the year of our Lord eighteen hundred and sixty three at the residence of John MARTIN before and at the time of his death at about forty four hours before his death in perfect possession his mental faculties as appeared to us said John MARTIN called upon the bystanders and upon the undersigned in particular to remember and take notice of what he was about to say when he said that it had been his intention for some time past to call on friend of his and make his will in writing thereby to dispose of his property but that his friend was absent therefore he could not carry his intentions into execution and that now it was to late, That he wished us to understand that his will and desire as that his estate should remain together with his wife and that as his children become of age or marrys that they should receive from his estate the same amount as those that had become of age and received before his death. That his son Thomas was of age and had not received his part that he wished him to have it if he wanted it and that he should receive it according to the currency so as to make him equal with them that have received their part and that Thomas was afflicted and that if he should not get well he wanted the estate to do something more for him than his legal part and that he wanted his son Reding to have one thousand dollars more than his proportional part of his estate and that his grand daughter John F. MARTIN'S daughter was to have her portion equal with his children and he desired that his wife Nancy martin should see that his wishes were carried fully out and that she should keep the land or such portion of it as she wants and such negroes as she wants and that she give to children such property as she could but spare and that she should keep and school them that was not schooled and the expenses be paid for out of the estate and on Sunday morning about one oclock after this he died without revoking the above request but expressed himself satisfied and charged the undersigned to have the same executed. This 3rd day of November 1863. Mary BROOKS her Amy X BUTLER mark Matthew F. JACKSON Court of Ordinary January Term 1864 ) State of Georgia ) Personally appeared in open court Oglethorpe County ) Mary BROOKS and Matthew F. ) JACKSON two of the witnesses to the within noncupation will and after being duly sworn deposeth and saith that John Martin in his last illness and at his place of residence in said County called upon them with Amy Butler to take notice of what he was about to say when he pronounced in our presence the within in substance as his last will and testament and shortly thereafter departed this life without revoking the same so far as we know or believe. That at the time thereof he was of sound disposing mind and memory and that he did it freely without compulsion and that we submitted the same to writing within seven days after his decease to the best of our knowledge and belief so help us God. (Sworn to and subscribed in open ) M. F. JACKSON (court this 14th day of January 1864) Mary BROOKS E. E. Shackleford Ordinary Court of Ordinary January term 1864 The noncupation will of John MARTIN late of Oglethorpe County deceased having been proven in due form of law upon the oath of Matthew F. JACKSON and Mary BROOKS two of the witnesses of the same in Open Court at this regular term of the Court. Ordered that the said will be admitted to Record. Recorded this 18th day of January 1864 E. E. Shackelford Ordinary