Will of Richard R. Winfrey, Oglethorpe Co. Ga.
     
Submitted by Janice (Johnston) Martin <mjmartin99@netzero.net>
                                      
                                      
     Will of Richard R. Winfrey, Oglethorpe County, Georgia, 1860
     
     State of Georgia Oglethorpe County
     
     In the name of GOD, Amen.
     
     I, Richard R. Winfrey, of the State and County aforesaid, being of
     sound and disposing mind and memory and being desirous of settling
     my worldly affairs while I have strength to do so, do make,
     declare, and publish this my last will and testament in writing,
     hereby revoking and annulling all former ones that I have made in
     terms following.
     
     ITEM FIRST: I will, give, and bequeath to my beloved wife, Judith
     W. Winfrey, fifty-thousand dollars, said sum to be taken in land
     and negroes at valuation, or in money as my said wife may prefer;
     also my household and kitchen furniture, and my carriage house and
     carriage, I likewise give and bequeath to my said wife.
     
     ITEM SECOND: I will, give, and bequeath unto Marion W. Davy (?), my
     niece, the sum of five thousand dollars, to be taken in negroes at
     valuation or in money, as she, the said Marion W. Davy, may prefer.
     
     ITEM THIRD: I will, give, and bequeath unto my nephew, George W.
     Gresham, of the state of Texas the sum of one thousand dollars in
     money.
     
     ITEM FOURTH: I will, give, and bequeath unto my niece, whose maiden
     name was Martha Jane Gresham, who first married Carrithers, and
     after his death, married a second husband, whose name in not now
     certainly recollected, the sum of one thousand dollars in money,
     provided she is living at the time of death.
     
     ITEM FIFTH: I will, give, and bequeath unto the children of my
     brother, Peter B. Winfrey, the sum of one thousand dollars in
     money, to be equally divided among said children.
     
     ITEM SIXTH: I will, give, and bequeath to the Board of Trustees of
     Emory College, located at Oxford, Georgia, the sum of three
     thousand, five hundred dollars, to be applied exclusively to the
     purposes of education, as follows. The said sum to be a permanent
     fund, the interest of which alone to be expended by said Board of
     Trustees, in the education in said college, of worthy young men who
     shall stand a creditable examination before the faculty of said
     college before they shall be entitled to the benefit of the
     interest on said sum, and it is my will that any of my family
     relations or my wife's family relatives shall be entitled to the
     benefit of said sum in the first instance, should any of them wish
     to avail themselves of its benefit, and in case none of them shall
     apply to the Board of Trustees for the use of said sum, as
     aforesaid, then it is my will that the Methodist denomination of
     Oglethorpe County shall have the privilege of naming some young man
     who has been raised in Oglethorpe County, who shall be entitled to
     the benefit of said sum in manner aforesaid, and in case said
     Methodist denomination in said county of Oglethorpe shall fail to
     appoint any young man, they may see proper to the benefits of said
     sum, the interest of said sum is to be applied to the payment of
     board, tuition, and other necessary expenses of any young man who
     may be entitled to it under the conditions aforesaid during his
     whole college course.
     
     ITEM SEVENTH: I will, give, and bequeath unto the Board of Trustees
     of the Southern Masonic Female College, located at Covington,
     Georgia, the sum of three thousand, five hundred dollars in money
     to be applied exclusively to the purposes of female education on
     precisely the same conditions and with similar restrictions and
     limitations as attached the bequest to the Board of Trustees of
     Emory College in the Sixth Item of the will, with this difference--
     that the Masonic Fraternity of said county of Oglethorpe and the
     Methodist denomination of said county shall have the privilege of
     alternately selecting the young lady or girl who is to receive the
     benefit of said sum in manner aforesaid.
     
     ITEM EIGHTH: I give and bequeath unto my brother-in-law, Stephen
     Heard, of Mississippi, the sum of one thousand dollars in money.
     
     ITEM NINTH: I will, give, and bequeath unto my wife's nephew, John
     Richard Bradley, of Florida, the sum of five hundred dollars in
     money.
     
     ITEM TENTH: I will, give and bequeath unto Joseph Richard Sudderth,
     who was named after me and whose father lives now near Beaverdam
     meeting house in Oglethorpe, the sum of fifty dollars in money.
     
     ITEM ELEVENTH: I will, give, and bequeath all the residue of my
     property not here before disposed of, unto Martha Oliver, wife of
     Shelton Oliver, of Oglethorpe County, Frances Clark, wife of Elbert
     County (big typo who ever retyped this in book), Sarah Johnson,
     wife of Elijah W. Johnson of Oglethorpe, and my niece, daughter of
     Dr. Thomas Hearn, deceased, formerly of Elbert county, now the wife
     of Dr. Verdel of Elbert County, to be equally divided between them.
     
     ITEM TWELFTH: It is my wish and desire that all of my negroes, in
     being disposed of under the will, shall be disposed of in families
     as much as possible.
     
     ITEM THIRTEENTH: I hereby nominate and appoint as executors of
     this, my last will and testament, my beloved wife, Judith W.
     Winfrey, my friend, Shelton Oliver, and my friend, R. W. Wooten, of
     Wilkes County.
     The words "five" in the Second; the word "Female" in the Second
     Item; the word "who" in the Tenth Item; and the words "now the" in
     the Eleventh Item intended before signing.
     
     Richard R. Winfrey Seal
     
     Signed, Sealed, and published by Richard R. Winfrey, as will in our
     presence, at whose request we sign it as witnesses in his presence
     and the presence of each other, this 29th day of April, 1860.
     
     James D. Matthews of Oglethorpe Co. Robert Morgan Thomas H. Dozier
     
     Georgia Oglethorpe County
     Personally appeared in open court, J.D. Matthews, Robert Morgan,
     and Thomas H. Dozier, all subscribing witnesses to the within will,
     and after being duly sworn, disposeth and saith that they saw
     Richard R. Winfrey sign, seal, publish, and declare this writing to
     be his last will and testament that at the time thereof he was of
     sound and disposing mind and memory, and that he did openly,
     without compulsion, and that they also signed the same as witnesses
     to the best of your knowledge. So help you, GOD.
     
     Sworn and subscribed in open court J. D. Matthews (Seal)
     this 6th day of August, 1860 Robert Morgan (Seal)
     Henry Britain, Ordinary Thomas H. Dozier (Seal)

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