Wills: Archibald Carlisle McKinley, 2 June 1859: Oglethorpe Co., GA ************************************************************************ 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Contributed for use in USGenWeb Archives by Laura Stotler Lstotler@aol.com Last Will and Testament of Archibald Carlisle McKinley, Oglethorpe County, GA Will Book D (1833-1866), Pgs 430-432. Oglethorpe County Ordinary Office for January Term 1861 Georgia } I Archibald Carlisle McKinley make Oglethorpe County } and declare the following to be my true Last Will and Testament. vis. 1st I give all my property, Real and personal except the yellow man Henry sometimes called Rich, to my wife Elizabeth for her life, desiring her to dwell in the family home & keep about her service the necessary house servants and no more, and directing all the Residence or other property to be a fund in had of my executor to be managed by him, and the entire yearly profits thereof to bequeath over yearly be him to her or for her benefit. 2nd I give the yellow man Rich, alias Henry, to my son William McKinley to take effect at my death. 3rd I give to my son William McKinley in trust for the sole and separate use of my daughter Eliza L Robinson my dwelling house and appurtenances and the two lots of land in the town of Lexington, Known as lots B and C, free from the debts, contracts or legal Liabilities or control of her present Husband Francis J. Robinson, or any future husbands, Remainder to her lawful heirs this desire to take effect in possession, only after the death of my wife, the estate in said two lots being the unexplained portion of a term of fifty years now Running and to end in the year Eighteen hundred and sixty six, and also a Renewed Term of fifty years more to begin when the first ends, said lots being front of the Meson Academy Survey,- 4th I give to my son Ebenezer Davis McKinley and to my daughters Louisa Caroline Williams and Sarah Serena Upson each, one equal seventh part of the Residue of my estate after the death of my wife, and said Residue is not meant to include in any way the foregoing specific gifts or legacies of the yellow man Rich, alias Henry, and the Dwelling House and lots of land B & C, nor their value. 5th I give to my son William McKinley one seventh part of this Residue of my estate after death of my wife, as above explained, in trust for the sole and separate use of my Daughter Eliza L Robinson, free from the debts, Liabilities, Contracts and Control of her present Husband Francis J. Robinson, or any other future Husband, during the life of said Eliza L. with Remainder to her lawful heirs.- 6th and as my son Charles G. McKinley is now in misfortune and is blind and not able to provide for his family- I give to my son William McKinley one seventh part of the Residue of my estate Real and Personal in Remainder after the death of my wife, in trust for the sole and separate use of Fanny McKinley, wife of my son Charles G. McKinley for and during the minority of the youngest child of my son Charles G. McKinley but if the said Fanny should die before the said youngest child of my son Charles attains twenty one years, then Remainder absolutely to the children of my said sons and if the said Fanny be living when said youngest child becomes twenty one years old, then Remainder absolutely to said children to take effect in possession as soon as the said youngest child shall become twenty one years old, but from this seventh part, so given in trust for use of the wife & children of my son said Charles G. must be deducted, and I so will and direct the following sums and interest thereon: vis two Hundred and ninety Dollars 73/100 with Interest from March fifth Eighteen hundred and forty one. Also the sum of two Hundred and ninety one 09/100 Dollars with Interest thereon from February 1st Eighteen hundred forty two- which two sums and Interest as aforesaid are debts due to me from my said son Charles G. McKinley for borrowed money. Also the sum of four Hundred dollars principal, and fifty four 13/100 dollars interest thereon before Judgment: and twenty two 75/100 dollars. Amt, with interest on the principal from date of the Judgment 11th August 1842, which last several (can't read word) are new to me from my said son Charles G which for money paid by me on his security on a Judgment Recorded against us in Clarke County Superior Court by John H. Newton. 7th I give my son William McKinley one seventh part of the last Residue of my estate in Remainder after death of my wife as above explained. And also I give him so much of the Remaining (missing line) sum of two thousand seven Hundred and two dollars, with Interest from fifteenth day of September (1849) Eighteen hundred and forty nine, which he paid to Thomas Forks (?) of Greene County for nine Negroes which he had settled on the wife and children of my son Francis Cummings McKinley now deceased:--the overplus of said last seventh part of the Residue, if any overplus, I give to my Granddaughter Claudia Thomas,-- I appoint my son William McKinley executor of this Will and give him power to will any or all of my estate as he thinks best, and as a trustee to nominate & create his (can't read word). Witness my hand and seal June 2, 1859. Archd C. McKinley (sig) (seal) Signed sealed, published and } Declared and Acknowledged in } Presence of us who Witnessed at Request } of testator } Geo. F. Platt (sig) } Wm H. Martuth (sig) } J. M. Callaway (sig) } In opening this Will for probate, I hereby Renounce in favor of Miss. Claudia Thomas & of her only the only child of my Brother all benefit bequeaths me as to payment of the price of the nine negroes paid by me to Thomas Forkes Esq. Of Greene County, and which nine negroes I had settled to separate use of said Claudia and her Mother, and I desire this renouncement to be Recorded with this Will. Wm McKinley. (sig) Georgia } Court of Ordinary January Term 1861. Oglethorpe County } The within Last Will and testament of Archd C. McKinley late of said County deceased was exhibited Court and duly given at this Regular Term of the Court in Open Court upon the Oath of Geo. F. Platt and J. M. Callaway two of the subscribing witnesses to the same and Ordered that the same be submitted to probate and be Recorded.- Recorded the 17th Day of January 1861. Henry Britain Ordinary. Transcribed by Laura Stotler July 15, 2001 Note: Spelling, punctuation and capitalization are transcribed as written on will.