Georgia:  Oglethorpe County: Will of John Martin Stevens
11 Feb 1848

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This file was contributed by:
Pat Stevens IV
Pat@PatMStevens.com
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Will of John Martin Stevens
11 Feb 1848

Submitted by Pat Stevens IV Pat@PatMStevens.com


OGLETHORPE COUNTY WILL BOOK D page 377 Year 1833-1866

JOHN M. STEVENS OF SAID COUNTY DO MAKE AND PUBLISH THIS MY LAST WILL AND
TESTAMENT HEREBY REVOKING ALL FORMER WILLS.

First I direct all of my just debts to be paid.

Second, I give and bequeath to my son Patrick M Stevens the following
negroes and the future increase of the female slaves to-wit: William, 
Mary, Frances, Sarah and child Morgan, Squire, Aaron, Martha, Peter and 
Smily. The balance of my negroes I direct to be sold by my executor at 
public sale.  After giving thirty days notice in some public gazette of 
this State of the time and place of the sale, and the proceeds, after 
deducting all lawful and necessary expenses, to be paid over to my son 
Joseph Berrien Stevens, provided said proceeds are to be kept in the 
hands of my executor free of interest, until the said son Joseph Berrien 
gives bond and good security to my son Patrick M. the sufficiency of 
which Patrick is to be the judge, except that he is to be satisfied with 
such a bond and security, and will secure its object. The condition of 
the bond is to be, that my said son Joseph Berrien, will not at the sale 
of said negroes, ordered by this will, either directly or indirectly, 
become the purchaser of them or any one or more and that he never will 
during his lifetime either by purchase, gift, or otherwise become the 
owner of said slaves, or their increase, or any one or more of them, and 
I hereby give the proceeds of the sale of said negroes to my son Patrick 
M. Stevens to be his absolute right and property to be directed only when 
my said son Joseph Berrien, shall give said Bond and security and deliver 
the same to my son said Patrick M. a further condition of said bond to be 
that if my son Joseph B. shall contrary to the provisions of my will and 
contrary to the conditions of said bond, become the owner or purchaser of 
said slaves or any one or more of them, then my said son Patrick, his 
heirs, assigns Executors or Administrators has the right to sue for and 
recover from my son Joseph B. his heirs executors and administrators
the value of said negroes, at the time of the sale or ordered by my will. 

My reason for these restrictions upon my said son Joseph B. is that 
judging from his past conduct, he will not treat my negroes, in a 
becoming humane manner, and under the hope that this rebuke from me, may 
bring him to a sense of duty, with regard to his negroes.

Third, I give and devise my real estate in Oglethorpe County together 
with my household and kitchen furniture, stock of all kinds, horses, 
hogs, cows, cattle, sheep farming instruments and utensils, wagons, ox 
cart, oxen gear, gin running gear to my son Patrick M. Stevens.

Fourth I give and devise to my son Berrien my tract of land lying in 
Telfair County in said state---

Fifth, all the rest and residue of my estate both real and personal, 
ready money chosen in action it, I wish to be equally divided between my 
two sons, Joseph B. and Patrick M.

I hereby nominate and appoint my son Patrick M. Stevens Executor of this 
my will, This the Eleventh day of February, 1848.

Signed published and declared by John M. Stevens in our presence, and in 
the presence of each other and in the presence of John M. to be his last 
will and testament. The eleventh day of February 1848.
Hiram L. French
Columbus D. Kinnebrew
William H. C. Cone, J.P.

GEORGIA OGLETHORPE COUNTY......COURT OF ORDINARY JUNE 1858

The within last will and testament of John M. Stephens deceased.
Having been exhibited in Court, and duly proven at this regular term of 
the Court in the open Court upon the oaths of Columbus D. Kinnebrew and 
William H. C. Cone two of the subscribing witnesses to the same, and 
ordered that the same be admitted to probate and recorded. Recorded the 
9th day of June 1858
Henry Britain, Ordinary.

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