Will of Moses Smith, 1865, Oglethorpe Co. GA. From: Wayne D. Tiller Will Book D 1833-1866 Page 536 Court of Ordinary February Term 1865 State of Georgia, Oglethorpe County -- I Moses Smith being of sound disposing mind and memory make and ordain this my last Will and Testament hereby revoking all others by me made. Item 1st - I will and bequeath to my wife Frances Smith all my Estate real and personal for her use and benefit durng her natural life or widowhood and at the death or marriage of my wife Frances my will is that my land Negros stock & all other property that I may die possessed be sold & equally divided between my children or their lawful heirs except the Prorata share that goes my daughter Frances Sorrow which I give to my son Joseph Smith in Trust for the support & benefit of my daughter Frances Sorrow and at her death the property will in trust for her benefit to be equally divided between the lawful heirs of her body. Item 2nd I do hereby constitute and appoint my son in law Jasper Stephens and my son Joseph Smith Executors to this my last Will & Testament. Signed Sealed published & declared this (blank) day of October 1856. Moses Smith (Seal) In presence of Floyd E Goolsby Robert H Turner Francis T Tiller State of Georgia, Oglethorpe County -- Personally appeared in Open Court Robert H Turner one of the subscribing witnesses to the within will and after being duly sworn deposeth and saith that he saw Moses Smith Sign Seal publish and declare the within to be his Last Will and Testament and at the time thereof he was of sound disposing mind and memory and that he did it freely without compulsion and that he signed the same as witness in the presence of the testator at his special instance and request; and that he saw Floyd E Goolsby and Francis T Tiller sign the same as witnesses in the presence of said testator, all of which is to the best of his knowledge and belief so help me God. Robert H Turner Court of Ordinary February term 1865 The last Will and Testament of Moses Smith late of Oglethorpe County deceased was exhibited in Open Court at this regular term of the Court by Joseph Smith and Jasper Stevens the Executors therein appointed and in Common form of law proven upon the Oath of Robert H Turner one of the subscribing witnesses to the same. Ordered that the said Will be Admitted to probate and Record. E. C. Shackelford Ordinary Recorded this 7th day of Feburuary 1865 E C Shackelford Ordinary ==================================================================== 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 the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Wayne D. Tiller ====================================================================