Polk County GaArchives Wills.....Prior, Asa
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File contributed for use in USGenWeb Archives by:
Paul Jahnke pwjahnke@hotmail.com  June 14, 2013


He was born in GA but lived a good part of the rest of his life in Rusk County,
near Henderson, Rusk, TX. Half of the Strong Cemetery (Texas) are Priors. Three
of his sons mustered into Ectors Brigade in Rusk Co in the Civil War.


STATE OF GEORGIA
POLK COUNTY

In the name of God Amen I, Asa Prior, now of said County & State, being of
advanced age and knowing that before a great while I must depart this life, but
being of sound disposing mind and memory deem it right and proper that I should
make a disposition of the property with which a kind providence has blessed me,
do therefore make and ordain this my last will and testament, hereby revoking
all others heretofore made by me.

Item 1st: I desire and direct that my body be buried in a decent, Christian-like
manner, suitable to my circumstances and condition in life.

Item 2nd: I desire and direct that all my just debts be paid by my executors
hereafter appointed, without delay.

Item 3rd: I give, bequeath and devise to my son Middleton Prior the use and
benefit during his life of my negroe woman Amy and all her children now born and
hereafter to be born and all their natural increase as a part of his
distributive share of my estate, subject to such limitations as are hereinafter
named.

Item 4th: I give, bequeath and devise to my son Ephraim W. Prior the use and
benefit during his natural life of the following negroes as a part of his equal
distributive share of my estate, to wit, London, March and Alesia, Washington
and Loueze and their natural increase subject to such limitations as are
hereinafter made.

Item 5th: I give, bequeath and devise to my son Lucius A. Prior, the use and
benefit during his natural life of the following named negroes as a part of his
equal distributive share of my estate, to wit, Letha and her children now born
and hereafter to be born and their natural increase (except to with Adaline &
her increase) subject to the same limitations as are hereinafter named.

Item 6th: I give bequeath and devise to my daughter Angelina Prior the use and
benefit during her natural life of the following named negroes as a part of her
equal distributive share of my estate, to wit, Tempie and her child, Elvira &
her child, Ive, Edd, Sarah and her two children and all their natural increase,
subject to the same limitations as are hereinafter named.

Item 7th: I give, bequeath and devise to my daughter Sarah Ann Abigail Prior the
use and benefit during her natural life of the following named negroes as a part
of her equal distributive share of my estate, to wit, Becky and her children
together with their natural increase (except two to wit Classa & Miriam and
their natural increase) subject to the limitations hereinafter named.

Item 8th: I give and bequeath and devise to my said deaf and dumb children, to
wit, Middleton, Ephraim W., Lucius A., Angelina, and Sarah Ann Abigail, each,
the use and benefit during their natural lives of one thousand over above and in
addition to their equal distributive share of my said estate subject to such
limitations as are hereafter named.

Item 9th: I give, bequeath and devise to all my children to wit, Matilda G.
West, Martha Veasey, Minerva Townsend, Angelina Prior, Ephraim W. Prior,
Middleton Prior and Lucius A. Prior, an equal distributive share of my estate,
except those named in Item 8th, whom I desire as there directed to leave one
thousand dollars each, more than as equal distributive share, subject to the
limitations hereinafter named, and in the division of my estate, I desire and
direct that those who have already been advanced by me shall account for such
advancement and the same shall be taken in and counted as follows in the final
distribution to wit, Matilda G. West shall account for three thousand dollars as
already received by her; Haden M. Prior shall account for three thousand dollars
already received by him; Andrew J. Prior shall account for five thousand dollars
as already received by him; Martha Veasy shall account for five thousand dollars
as already received by her; and William H. C. Prior shall account for twenty-six
hundred dollars as already received by him, in the estimates of those
advancements are included the negroes now in the possession of each of said
advanced children for which I have never yet made them any titles as well as the
lands & other property for which I have made them titles (except the negro named
Randall in the possession of John P. Veasy), the rest of my children have never
been advanced and hence they have nothing to account for in the final division.

Item 10th: It is my will and desire and I hereby direct that the property which
shall go to each one of my deaf and dumb children to wit Middleton, Ephraim W.,
Lucius A., Angelina, and Sarah Ann Abigail shall only go to them and vest in
each of them a life estate, and whenever they or either of them shall die, such
property shall be equally divided amongst all my children and their legal heirs,
unless one or all of them, said deaf and dumb children, should die leaving a
child or children, in that event their said property shall descend in fee simple
to their children and not be divided amongst my children, and I desire and
direct that my executors hereafter named shall after my death appoint a good
solvent & responsible Trustee or Trustees for each of my said deaf and dumb
daughters to take charge of and manage their property and see that the same is
not squandered, said Trustee or Trustees having the right to control the same
for the support, use & benefit of my said daughters during there (sic) life; and
also the same for my deaf and dumb sons, holding said Trustee or Trustees
responsible for the property bequeathed as aforesaid to my said deaf & dumb
children, and not allowing any of the capital sum or natural increase of said
property to be expended for the support of such children, but limiting their
expenditures to the annual income from said property.

Item 11th: It is my will and desire and I do hereby direct that in the division
of my negro property that my negroes shall be allotted so that the families may
go together as much as possible, said division to be in accordance with the
previous items in this my will, and that none of my negroes shall be sold out of
the family except such as desire to be so sold & they shall be sold to the
highest bidder at public outcry by executors hereafter named.

Item 12th: I hereby constitute and appoint my son Andrew J. Prior & John P.
Veasy my executors of this my last will and testament of and over my property
that shall be in the State of Texas and my son William H. C. Prior and George W.
West my executors of this my last will and testament of and over my property in
the state of Georgia, this 13th day of October A.D. 1853.

Signed: Asa Prior (scroll for a seal)

Signed, sealed, declared & published by Asa Prior as his last will & testament
in the presence of us the subscribers who subscribe our names hereto in the
presence of said testator (at his special instance & request) and of each other
this
13th of October 1853

L. H. Weaver
E. J. Chisolm
Edward Webster
J. M. Harris