Pike County GA James L. Head Will File contributed for use in USGenWeb Archives by Doris Irons Greer caldor@neto.com http://www.usgwarchives.net/ga/pike.htm Table of Contents page: http://www.usgwarchives.net/ga/gafiles.htm Georgia Table of Contents: WILLS: Bk C 368 - 371 James L. Head, July 23, 1863 Pike County, Georgia ***************************************************************************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or person. Persons or organizations desiring to use this material, must abstain the written consent of the contributor, or the legal representative of the submitter, and contact the list USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net This file has been contributed by Doris Irons Greer] caldor@neto.com November 21, 2001 ***************************************************************************************************************************** JAMES L. HEAD Will dated July 23, 1863 Pike County, Georgia Bk C 368-371 Georgia ) Pike County) In the name of God Amen. I James B. Head do constitute and ordain this paper my last will and testament chiefly I commend my Soul to earth in Christian burial and of my worldly Substance I make the following disposition. Item 1st I desire my Executors to pay all my just debts as soon as practicable. Item 2nd I give and bequeath to my daughter Elizabeth V. Head now Elizabeth V. Garland three Negros to wit Austin, Betty and Emily which Negros she now has in possession also one bed bedstead and bed clothing one beauro one ward robe and one large trunk all the above named property my daughter has all ready received. Item 3rd I give and bequeath to my son James J. Head the following named Negros to wit Frank Saller & Polly and the same amount of other property as my daughter Elizabeth V. Garland has received as above stated I also give my son James J. Two young horses such as he may select two cows & Calves fifteen head of stock hogs such as he may choose out of my stock also twenty head of sheep now on my farm in Clinch County. Item 4th I give and bequeath to my son William P. Head the following named Negros to wit Reuben Caroline and her two children Lucy & Anderson and also the same amount of property which I have given to my son James J. Head as above stated. Item 5th I give and bequeath to my daughter Apsayllah Z. Head Now Apsyllah Z. Warthen the following named Negros to wit Jim Rachel and Laura and the same amount of property as I have given my daughter Elizabeth Garland. Item 6 It is my will and desire that my children to wit Penelope E., Margaret B., Lloyd L., Pink J., John L., Henry S., Zack Bartow and Francis M. each and all of them as they become of age or marry to be made equal in negros and other property with my daughters Elizabeth & Apsellah and it is my will that my children all be maintained and educated as near alike as well can be. Item 7th It is my will and desire that my beloved wife Beneter A. have the controle and charge both of our children and all the balance of my property both real and personal and all my rights of every kind and it is my will that my said wife by and with the council and advice of my executors to sell any part of said property whenever the interest of my estate shall require and also to buy other property as and when it shall so be to the interest of my estate and it is my will that my wife Beneter A. make such other advancements to my children as she may think proper and right and my will is that upon the death of my wife Benetor A. or her intermarriage with another man that all my estate be equally divided between all my children to wit: Elizabeth V., James J. , William T., Apsyllar Z., Penelope E., Margaret B., Lloyd L., Frank J., John L., Henry S., Zack B. and Francis M. and any other child or children that my wife may have hereafter by me to be made equal with my other children. Item 8th My will and desire is that if either of my boys James J. or William F. should get wounded or maimed in any way in this most unholy war upon our Country so as to disable them from doing and performing the labours for a support that they have two negros each so wounded or maimed good working hands to be selected by them and my wife Beneter A., in Addition to that I have already willed to them which will be two Negros more to my wounded boys than my other children will get from my estate. Item 9th I hereby nominate and appoint my beloved wife Benter A. Head and my beloved sons James J. Head and William F. Head Executors of this my last will and testament. In testimony whereof I have hereunto Set my hand and affixed my seal in presents of - July 23, 1863 C. W. Brown J. R. Jenkins James L. Head (seal) G. B. James Georgia Pike) Court of Ordinary County ) The will of James L. Head being produced in open court for probate by one of the executers who has filed this petition to prove the same and two of the witnesses to said will J. R. Jenkins & G. B. James have subscribed the following affidavit indorsed on said will September term 1863 of Pike Court of Ordinary came into open court at this regular term of the Court and being duly Sworn depose that they saw James E. Head sign and heard him publish the within as his last will and testament while of sound and disposing mind that they witnesses the same for him at his request and in his presence and of each other and that the same was executed voluntarily by him on the day it purports to have been executed. Sworn to and Subscribed before me in Open Court Sept. Term 1863 John R. Jenkins Z Sims Ordy G. B. James Georgia ) Pike County) I W. P. Head do solemnly swear that this writing contains the true last will of the within named James L. Head deceased So 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 the said will as far as his goods and chattels will thereunto extend and the Law Charge me and That I will make a true and perfect inventory of all such goods and chattels so help me God. Test. Z. Sims, Ordinary W. P Head July 23, 1863 I do hereby certify that one half of the cotton now bailed on my farms in Clinch County belongs to my two sons Joshua J. & William P Head also one half of money raised from the sale of Corn fodder sugar & Syrup raised on Said farm in Clinch last year after paying the overseer his wages and other expences of the farm I also wish the present crop growing on said farm in Clinch County to be equally divided between my two sons James J. & William P. & my daughter Apsyllah H. Warthen and myself each drawing one fourth after paying the overseer & all other expences of the farm and leaving a sufficient amount of provisions of all kinds to keep up the farm next year. Test John R. Jenkins J. L. Head G. B. James C. R. Brown Recorded September 9th 1863 Z. Sims - Ordy ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============