Georgia: Oglethorpe County: Will of Brinkley Smith, 1 Jan 1857 ==================================================================== 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: Jeannie Smith Zadach DaisyZ@aol.com ==================================================================== Oglethorpe County Ordinary Office December Term 1857 Will Book D, Page 364 FHC #0158728 January 1, 1857/December 1857 Georgia} Oglethorpe County} I Brinkley Smith of said County and State being of sound and disposing mind and memory, make publish and declare this to be my last Will and Testament hereby revoking all other wills by me made ~ Item 1st I give and bequeath unto my Daughter Alley wife of Jesse Hardman one hundred dollars ~~ Item 2nd I give and bequeath unto my son Isham Smith five dollars Item 3rd I give and bequeath unto my son Martin Smith's Estate five dollars ~~ Item 4th I give and bequeath unto my son Elisha Smith sixty dollars which he is now due me for the rent of my land and also give him the privileges of living on my land four years longer from the date of this will if he wishes to do so. Item 5th I give and bequeath and desire unto my son John B. Smith and my four daughters their names are Nancy and Betsey and Sarah and Rebecca ~ all the rest and residue of my estate of whatever kind or nature real personal and mixed. I give and bequeath the whole balance of my property to my said five children above named in this Item to be equally divided between these five ~ also that they have the privilege of living on my plantation if they can do so by agreement for their support ~ if they cannot agree to live together in this way that four of them have the privilege of selling the land for an equal division ~ their names are John B. Smith, Nancy and Betsey and Sarah ~ my will is that my daughter Rebecca have nothing to do with the agreement of selling the land that it be left wholly with the other four above named to decide whether they will sell or not ~ but my daughter Rebecca have an equal share with them in the division. I appoint my son John B. Smith Executor of this my last Will and testament. Signed sealed published declared in our presence in the presence of each other & in the presence of the testator this 1st day of January 1857 ~ his mark Brinkley X Smith {Seal} Johnson F. Cunningham Rolly H. Mathews Colerian Mathews transcribed by Jeannie Smith Zadach DaisyZ@aol.com