Pike County GaArchives Wills.....Malachi Bussey August 5 1858 ************************************************ 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 December 16, 2003, 6:17 pm Source: Pike County Probate Court Written: August 5 1858 Recorded: October 13 1858 Georgia Pike County In the name of God Amen. I Malachi Bussey of said County and State being of advanced age and knowing that I must shortly depart from this world, deem it right and proper both as respects myself and my family that I should make a disposition of the property with which a kind Providence has blessed me. I therefore make this my last will and testament hereby revoking and annulling others herefore made by me. Item first I desire and direct that my body be buried in a decent and Christian like manner suitable to my circumstances and condition, my soul I _?_ shall return to rest with God who gave it as I hope for salvation through the blessed Lord and Savior Jesus Christ whose religion I have professed and as I humbly _?_ enjoyed for a number of years. Item second I desire and direct that all my just debts be paid with no delay by my executors hereafter named as I am unwilling my creditors should be delayed of their rights especially as there is no necessity for delay. Item Third I give and devise to my beloved wife Martha with whom I have lived in the strict quiet and love for forty five years - lot of land number forty three in the Eight District of Pike County containing two hundred two and a half acres about one hundred of which are cleared and in cultivation with all the rights numbers and appointments to said lot of land in any wise _?_ or belong free from all change or _?_ whatever to her own purpose, use, benefit, and behoof during her life and at the death of my wife the aforementioned number forty three to be equally divided with my legal heirs. I also give and bequeath to my wife on the same _?_ manner as many of my farming utensils as she may think proper to make choice of and as much of the stock of all sorts as she may make choice of, and as much corn fodder, wheat, and mealed oats as she may think proper to choose and also all of my household and kitchen furniture as my _?_. Item Fourth I give and bequeath to my beloved wife for and during her natural life my Negro man Tobe and his wife Mariah and her two children Lewis about two years old and Francis about four weeks old. My Negro man George about twenty three years of age, my Negro woman Grace about thirty years of age, my Negro girl Sarah about eight years of age, at the death of my wife the above Negroes to be equally divided between my lawful heirs. Item Fifth I devise to my son Zachariah Bussey the following parcels of land (to wit) sixty acres of lot of land No. forty-two lying in the south west corner of said lot lying in the Eighth district of said County, also thirty acres of lot number forty five in said Eighth Dist. adjoining the above fifty acres, with all the rights members and appertainment(sp) to said parcels of land in any wise appertaining or belonging forever. Item Sixth I bequeath to my son Thomas J. Bussey one hundred acres of land it being the EAst half of kot No. seventy six it being the place whereon he now lives with all eight members and said appertence(sp) of said hundred acres of land in anywise appertaining(sp) and belong together. Item Seventh I bequeath to my son William one hundred acres of land it being the wet half of lot of land Seventy-six it being the place where he now lives with all the rights members and _?_ and belonging forever. Item Eighth I bequeath to my son Malachi Bussey all that part of lot of land No. fifty-two in the Eighth Dist. of said County lying and being on the north side of the creek running through said lot of land, with all the rights members and _?_ to said lot of land in anywise appertaining and belonging forever. Item Ninth I give and bequeath to my son James a certain parcel of land containing one hundred acres more or less it being fifty acres of lot number forty four and all that part of lot number fifty two lying - the south side of the creek running through said lot the same being the place where James now resides with all the rights members and _?_ to said parcels of land in any wise appertaining and belonging forever. Item Tenth I give and bequeath to my son John F. one hundred acres of land more or less it being the east half of lot number nor known it being the place whereon he now resides it being the Eighth District of said County with all the rights members and _?_ to said tract of land in anywise appertaining and belonging forever. Item Eleventh I give and bequeath to my son Dempsey J. four hundred dollars in money to make him equal with my other sons which I gave land. Item Twelfth I give to my son Charles D. four hundred dollars in money to make him equal with all my other sons which I gave land. Item 13 I give and bequeath to my daughter Margaret Nelson four hundred dollars in moneyto make her equal with my sons which I have given land. Item 14 I give and bequeath to my daughter Lucretia(?) J. Hopkins four hundred dollars in money to make her equal with my sons which I have given lands. Item 15 I will and desire that all my Negroes not heretofore willed away be equally divided between my children by lot also the remainder of my perishable property if any after my wife makes her selection to be sold and the proceeds equally divided between my ten children. Item 15 (two item 15s) An amendment to Items 3rd and 4th. I also will and bequeath to my beloved wife lot of land No. fifty four in the 8th Dist. of said County in addition to what I have willed her in item 3rd and 15th and at her death to be disposed of as in said item 3rd and 4th my will and _?_ _?_ that at the death of my wife my grand children (to wit) Reuben, Thomas, William, Martha, James and Mary the children of my son Zachariah Bussey shall have their fathers portion of property named in 3rd and 4th items. I also will and desire that my grand children (to wit) William P. and Jacob H. the children of my son Dempsey J. Bussey shall have their fathers portion of the property willed to my wife in items 3rd and 15th to be divided ant the death of my wife. Item 16th I constitute and appoint my beloved wife Martha Executrix and my son Thomas J. Bussey Executor to this my last will and testament this August 5th 1858. _?_ signed. Malachi (his mark) Bussey Signed sealed declared and published by Malachi Bussey as his last will and testament in the presence of us the subscribers who subscribed our names hereto in the presence of said Testator and each other this August 5th 1858. James L. Head John R. Jenkins John J. Mays Georgia Pike County We James L. Head John R. Jenkins and John J. Mays do solemnly swear that we saw Malachi Bussey sign this writing by making his mark and heard him publish and declare it to be and contain his will and at the time thereof he was of sound disposing mind and memory and that he did it freely without compulsion to the best of our knowledge and belief and that we signed the same in the presence of the testator and at his special instance and request and in the presence of each other. James L. Head John R. Jenkins John J. Mays Sworn to and subscribed in open court this 4th October 1858 J.C. Beckham State of Georgia Pike County We Martha Bussey and Thomas J. Bussey do solemnly swear that this writing contains the true last will and testament of Malachi Bussey deceased so far as we know or believe and that we will well and truly execute the same by paying first the debts and then the legacies contained in said will as far as his goods and chattels will thereunto extend and the law charges us and that we will make a true and perfect inventory of all such goods and chattels so help us God. Martha Bussey Thomas J. Bussey Sworn to in open court October 4th 1858 J. C. Beckham Recorded October 13th 1858 J.C. Beckham Ordy This file has been created by a form at http://www.poppet.org/gafiles/ File size: 8.4 Kb