Pike County GaArchives Wills.....Christiana Hall September 9 1852 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: William Russell dragonraj@comcast.net March 31, 2004, 5:58 pm Source: Will Book C Pike County Probate Court Written: September 9 1852 Recorded: September 3 1855 The State of Georgia Pike County I Christiana Hall of said County and State being of sound and disposing mind and memory and desirous of availing myself of the privilege of disposing of my property after my death do now make this my last will and testament and in manner following that is to say: Item 1 As my soul is not at my own disposal I commend it to our Lord and Savior Jesus Christ who is the resurrection and my hope in whom I have for many years trusted. I will and bequeath that my body after my death be decently interred in the usual manner. I wish no unnecessary display or expense be had on that occasion. Item 2 I will direct and bequeath that my Executor soon after my death pay all my just debts; and for his consul and trouble in the management of this my will as well as his great kindness to me during my life in addition to the usual compensation allowed him by law I will and bequeath unto him and his assigns forever my Negro girl Franky and her increase. Item 3 I will bequeath and direct that soon after my death my Executor sell my house and lots in Zebulon and my Negroes Allen and Elizabeth at public or private sale as he in his decision may think best on a credit or for cash to such persons as said Negroes may choose for Master at as fair a price as he can procure hereby requesting him if he will to buy Elizabeth. And I hereby authorize and empower my said Executor in addition to the above property to sell at either public or private sale for cash or on a credit at his discretion all the rest or residue of my estate not herein otherwise disposed of except what little my Negroes may want and claim thereout. And I will that in addition if there be enough for that purpose my Executor pay my said Negroes as a legacy as follows to Allen, fifty dollars, to Chanty, forty dollars, to Franky, twenty dollars, to Mr. Davis’s Rhoda, ten dollars and to Starling(?) sixty dollars and my horse and carriage. Item 4 I will and bequeath unto Mrs. Teleta Brannin Thirty dollars and unto Francis Abby Walter my clock to have and hold forever. Item 5 As manumission is by the Laws of the state forbidden (which I would have Wished otherwise) I will and bequeath unto Wiley E. Mangham my trusty and faithful servants Chanty and Starling(?) to have and to hold unto him and his Executors forever in fee(?) with the very urgent request that he and they will treat said Negroes kindly and affectionately and watch over and protect them, giving them a comfortable home and allowing them as many privileges and liberties as the laws of the State will permit Negro Slaves to possess or enjoy. Item 6 I will devise and bequeath unto my friend Wiley E. Mangham Executor of this my will _?_ in trust and only in trust for the sole and separate use of my sister Mary alias Polly Parish wife of Harris Parish of Troup County in the State free from the control or debts of her present or any future husband all that parcel of land _?_ in Troup County aforesaid known and distinguished as two thirds of the fractional lot number Eighty six in the fourth district of Troup County whereon Harris Parish now lives containing some forty acres more or less for a home for her and her family during her life and also the sum of two hundred dollars in money to be paid to her at times as she may need it on her request and also my largest bed bedstead and furniture. To have and to hold to him and his Executors for and during the natural life of my said sister Polly and no longer in trust as aforesaid, and after the death of my said sister Polly I will that my Executor give over by deed unto all the children of my said sister Polly the remainder in said land and money unexpended share and share alike to have and to hold as tenants in common to them and their heirs forever in fee simple free from any trust and as their own absolute property. Item 7 I will and bequeath unto my Brothers towit to John Harden, Caleb Spivey and William Spivey each two hundred dollars and to my nieces towit Elizabeth Mozely (?), Mary Zachery, Emily Cornet(?), Martha Harville(?), Mary Pruitt, and Nancy Balchelor(?), each fifty dollars and to my nephews John Holmes and Wiley Edmondson each fifty dollars and to my friend and attorney William W. Arnold for his pains and trouble in writing all my wills fifty dollars. To have and to hold unto each of the above named Legatees and their heirs separately forever. Item 8 I will bequeath and devise all the rest and residue of my Estate of all kinds whatsoever (after the payment of my debts and the above mentioned specified devices and legacies) to be by my Executor equally divided among those Legatees named in Item the seventh of this my will hereby making and constituting them residnary(?) Legatees to this my will in the proportions therein mentioned. Item 9 I appoint my friend and Christian brother Wiley E. Mangham of Zebulon Executor of this my last will and testament and request his acceptance thereof. In witness whereof I have hereunto set my hand and affixed my seal this the ninth day of September A.D. Eighteen hundred and fifty two (1852). Christiana Hall Signed sealed declared and published by the Testatrix Christiana Hall as and for her last will and testament in the presence of us the subscribing witnesses who subscribed our names hereto at her instance and request in the presence of the said Testatrix and of each other this the ninth day of September A.D. Eighteen hundred and fifty two (1852). W.P. Tyler John H. Mangham Charles F. Redding Georgia Pike County Court of Ordinary in Pike County August Term 1854. And now at this Term of said Court an instrument in writing becoming _?_ the ninth day of September Eighteen hundred and fifty two and attested by W.P. Tyler, John H. Mangham and Charles F. Redding being brought before said Court of Ordinary for probate and Record as the Will of Christiana Hall by Wiley E. Mangham as _?_. John Harden and his wife Elizabeth, William Spivey, Caleb Spivey, Harris Parish and his wife Mary, William Spivey of Upson, Thomas Spivey, Henry Cornet and his wife Emily, Daniel Zachary and his wife Mary, David Moulens(?) and his wife Elizabeth all of whom are Heirs at Law of said Christiana Hall comes and enter this their Caveat against the Probate and Record of said Will in said Court and for Caveat they say that said Instrument in writing ought not to be admitted to Probate or Record as the Will of said Christiana Hall. First Because at the time of making said Instrument the said Christiana Hall was not of sound and disposing mind and memory and because the same is no will. Second Because the said Christiana Hall did not understand and know the contents and effects of the Items of said instrument where the same was made. Third Because said Christiana Hall when said Instrument was made and for a long time before was imbecile in mind and wholly subject to the control and influence of her slaves and said Instrument was _?_ to be made against her natural affection and obligation by the undue influence of her slaves. Fourth Because said Christiana Hall was induced and constrained to make said Instrument to obtain _?_ and _?_ from the ever importunities of said slaves and others. Fifth Because said Instrument is against the natural affection and obligations of said Christiana Hall as also her oft repeated declarations as to the manner in which she intended to dispose of her Estate. Sixth Because said Instrument is working in _?_ of the Laws of this State enacted against manumission of slaves in Said State. Seventh Because devise fraudulent practices were employed to constrain said Christiana Hall to make the unjust and unreasonable disposition of her Estate as contained in said Instrument. And all this the said caveators are ready to supply. Wherefore they pray the Judgment of said event upon the same and that said _?_ will may be _?_ of none effect and that the Intestates of said _?_ be declared by said court. C.C. Gibson Atty. For Caveators Court of Ordinary of Pike County August Term 1854 At this time of the court comes Wiley E. Mangham Executor of the last will and testament of Christiana Hall late of said County deceased and propounds for Probate and Record a written instrument signed by Christiana Hall dated ninth day of September Eighteen hundred and fifty two and witnessed by W.P. Tyler John H. Mangham and Charles F. Redding said written instrument of said Christiana Hall deceased by the said Wiley E. Mangham as Executor as aforesaid. Caveat filed this evening(?) 7th August 1854. John A. Cochran Ordinary Wiley E. Mangham Vs. John Harden and other Caveators Caveat in the Court of Ordinary of Pike County August Term 1854. We agree that the above stated cause by caveat to the appeal by consent and as though a decision had been had _?_ the same and that the cost _?_ the final result. H&G S Green(?) and Martin Attys for Propounders C.C. Gibson Atty. For Caveators Whereupon it is ordered that said caveat be carried to the appeal by consent August 7th 1854 By the Court H&G S. Green Attys for Propounders We the jury find the paper propounded to be the will of Christiana Hall with costs against Caveators. Cademan Pope FM Pike Superior Court April Term 1855 Whereupon it is _?_ _?_ and a judged that the _?_ _?_ be subscribed as the last will and testament of Christiana Hall deceased and that the Ordinary of Pike County admit the same to record as such in terms of the Law. And it further ordains that the propounder Wiley E. Mangham recover of the caveators the sum of (this is left blank) for his costs in this behalf laid out and expended and the caveators in money. H&G S Green and Martin Propounders Atty. State of Georgia County of Pike I Wiley E. Mangham do solemnly swear that this writing contains the true last will and Testament of Mrs. Christiana Hall deceased as far as I know or believe and that I will well and truly execute the same by paying first the debts and then the legacies contained in said will as far as her goods and chattels will thereunto extend and the law charges me and that I will make a true and perfect inventory of all such goods and chattels so help me God. Wiley E. Mangham Sworn to and subscribed this 3rd September 1855 J.C. Beckham Ordinary Recorded this 3rd September 1855 Joseph C. Beckham Ordinary This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 11.1 Kb