Georgia: Oglethorpe County: Last Will and Testament of Samuel Whitehead, 4 May 1844 ==================================================================== 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: Meredith Clapper mclapper@ispchannel.com ==================================================================== Oglethorpe Co., GA will bk D 1833-1866 p 144-6. In the name of God, Amen that I Samuel Whitehead of the county of Oglethorpe and State of Georgia considering the uncertainty of this mortal life and being of sound and perfect mind and memory blessed be Almighty God for the same, do make and publish this my last will and Testament in manner and form following (that is to say) Firstly I require that all my just debts should be paid, as soon as convenient after my decease, also I wish my Executor to be as prudent in the management of my affairs as in their best judgment can do. Secondly If I should die before my beloved wife Anna Whitehead my request is that she shall own the premises whereon I now do live, with all the priviledges thereto attached during her natural life, also stock of all kinds as far as she may think necessary. I also bequeath unto her my Berry during her lifetime to wait on her and help to make her comfortable. Also household and kitchen furniture she retains during her natural life. Thirdly The household and kitchen furniture at the decease of my beloved wife Anna I wish to be divided between my sons, Joel, Samuel and Elijah Whitehead and the heirs of my beloved wife Anna before our marriage equally. Fourthly At the death of my beloved wife Anna, the premises I have bequeathed to her as also the boy Berry I wish to be sold and the proceeds of said property to be equally divided between my sons Joel, Samuel and Elijah Whitehead. Fifthly The lands which I may be in possession of at my decease. I wish to be sold and proceeds equally divided among Joel, Samuel and Elijah Whitehead except the premises whereon I now do live, which is already bequeathed unto my beloved wife Anna during her lifetime. Sixthly My children viz Fanny Hale, wife of Moab Hale, Elizabeth Hartsfield, wife of Andrew Hartsfield, Ursla Graham, wife of Armistead Graham, Christian Whitehead, single, daughter Nancy McKelroy wife of Anderson McKleroy, Patsey Hardman wife of Charles B. Hardman, for various causes best known to myself I cannot give but the sum of five dollars, to each one of the named children above. Seventhly If my just debts cannot be satisfied without the sale of my boy Jack, I wish him to be sold and procceeds placed to paying as far as there is just demands, and the overplus to return to my beloved wife Anna. Eightly If the debts can be satisfied without the sale of Jack, my desire is that he shall remain with my dear beloved wife during her natural life. Ninthly This boy Jack if he should remain with my beloved wife, I wish him to be sold at her death and the proceeds to go equally between my sons Joel, Samuel and Elijah Whitehead. Lastly As to all the rest and residue of my property and effects which is not named above, I wish to remain with my beloved wife during her natural life and the proceeds of the sale at her death to be equally distributed between my sons Joel, Samuel and Elijah Whitehead. And I do hereby appoint my dear beloved wife Executrix and Samuel Z. Hardman Executor of this my last Will and Testament, hereby revoking all former wills by me made In witness whereof I have hereunto set my hand and seal the fourth of May One Thousand Eight Hundred and Forty Four. Samuel Whitehead Signed, sealed published and declared by the above named Samuel Whitehead to be his last Will and Testament in the presence of us, who at his request and in his presence have hereunto subscribed our names as witnesses to the same. Jefferson Culbertson A. Sudduth John D. Barrnett Georgia} In vacation personally appeared before Henry Jordan and Oglethorpe Co.} Geo. F. Platt two of the Justices of the Inferior Court, Jefferson Culbertson, Warren A. Sudduth, and John D. Barnett, subscribing witnesses to the within will after being duly sworn deposith and saith that they saw Samuel Whitehead sign, seal and publish and declare this writing to be his last will and testament, that at the time thereof he was of sound disposing mind and memory, and that he did it freely, with compulsion and that they also signed the same as witnesses to the best of your knowledge, so help you God. Jefferson Culbertson Warren A. Sudduth John D. Barnett Sworn to and Subscribed this 25th day of July 1844 Test: Henry Britain Georgia} In vacation the last Will and Testament of Samuel Whitehead Oglethorpe Co.} late of said County deceased was exhibited before their Honours Henry Jordan and George F. Platt two of the Justices of the Inferior Court and duly proven upon the oaths of Jefferson Culbertson, Warren A. Sudduth and John D. Barnett and laid over until the Regular Court in couse for further action upon the same and for it's record. July 25, 1844