Georgia: Putnam County: Last Will & Testament of Thomas Head 9 August 1832, 19 December 1844, Codicil 31 January 1845 ==================================================================== 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: Barbara Walker Winge Barbarawinge@yahoo.com Thomas Head married Sarah Catching, daughter of Joseph Catching. State of Georgia Putnam County I, THOMAS HEAD of said State and County being of sound mind and memory and in good bodily health but impressed with the shortness of life and the absolute certainty of death do make and ordain this my last will and testament, hereby revoking all wills and testaments by me heretofore made. At my death I commit my body to the dust whence it came to be buried in a descent and Christianlike manner and my Spirit to God who gave it. As to my earthly goods and effects with which it has pleased Almighty God to bless me after the payments of all just debts which may be owning by me my will and desire is as followeth to-wit: Item First To my beloved wife Sarah Head I devise and bequeath the following property; Lot of land number Two hundred and thirty Nine which I now hold subject to a claim of dower (which if extinguished by me in my life I wish to follow the disposition herein made of the residue) of said Lot; also Lot Number Two Hundred and Forty and all that part of Lot Number Two Hundred and Forty One which is adjoining No. 240 and on the same side of Cedar Bend Creek, all of said lands situated lying and being in the Fourteenth District of Originally Baldwin now Putnam County to have and to hold the said lands to her own proper use and the uses herein after set forth for and during the natural life or widowhood of her my said wife. I bequeath to my said wife the following named negroes that is to say Sam and Rose, Kit and Sally, Delila and Mary, Charity , Fanny, Lidy and Umphrey for and during her life or widowhood to be held by her to hr own proper use and the uses hereafter specified. I furthur give to my said wife such part or portion of the stock provisions farming utensils household and kitchen furniture which I may died possessed as she may think mindful and choose for the purposes hereafter named to be held by her during her life or widowhood to her own proper use and the uses following, that is to say, it is my will that said lands in this clause mentioned be not rented out and not worked or used by any one except my wife during her natural life or widowhood with such hands as she may have the control of and that with the proceeds of the lands, negroes and other property by this clause devised and bequeathed she shall support and educate the children (also MY GRANDCHILD hereinafter named if it shall remain with her under her direction and guardianship) till they and each of them shall arrive respectively to the age of twenty one or marry, at which time she shall divide off to each of MY OWN CHILDREN respectively an equal distributive share of said stock farming utensils household and kitchen furniture. I wish the wood land and timber on the land in this clause named not to be wasted nor needlessly cut down. At the death of my said wife or on her marriage I give and bequeath the lands hereinbefore described to my youngest daughter Artemesia to have and to hold during her natural life and at her death to go to the child or children of her body living at the time of her death, to them and their heirs forever in fee simple. If however my said daughter Artemesia should survive my wife or the period of her intermarriage or widowhood and then die without such child or children issue of her body living at the time of her death, then said lands to go to my surviving child or children or the representatives of such child or children as may be them in life to be equally divided between them, the representative or such child or children to stand in stead of them or its parent and to take and hold said lands in the same manner and subject to the like restrictions imposed on the legacy of my children herein after respectively set forth. Item Second The residue of stock provisions farming utensils household and kitchen furniture left after my wife shall have made her choice and reservation, I wish to be sold on terms most advantageous and the proceeds to follow the disposition hereinafter made of the residue of my estate by the residuary clause. And as to the negroes given to my wife my will is that they with the stock and other perishable property she may choose and take at her death or intermarriage shall go together with their increase to my OWN CHILDREN then living and the representative or representatives of a child or children of mine to be equally divided between them the representative or representatives to take the share its parent would be entitled to, to have and to hold the same in like manner and subject to the restirctions imposed on the legacies hereinafter specified and given to my children named and if my said daughter Artemesia should not survive the period of my said wife's death or marriage, then the said lands devised to give my wife for life or widowhood shall go to and be divided between my surviving children in the way and on terms and restrictions prescribed in disposing of the negroes herein bequeathed to my said wife, the representative always standing instead of the deceased parent. Item Third To my daughter Sara Ann Head I give and bequeath the following property to-wit: The Vincent tract of land containing two hundred and seven acres more or less and also that tract of land I now own joining said Vincent place and between it and the Thornton tract, also the following negroes to-wit: Abram Sophy Sereny Cely and John Simon and Caroline Bucky and Squire to have and to hold said land and negroes during her life and then to such child or children equally to be divided between them as may be living at the time of her death, the issue of her body to them and their heirs forever, if however she should die without issue living at the time of her death then said land and negroes to go to those of my children and the representavie or representatives of a deceased child or children that may survive her, to them and their heirs forever dqually to be divided to my child or children then surviving shall take and hold the same in the way and on the terms and limitations imposed on their respective legacies herein specifically given but the representative of a deceased child or children shall take absolutely in such event. Item Fourth: To my daughter Lucy Ann Head I give and bequeath the following property to-wit: the residue of the land I bought of Leroy Napier after deducting those parcels herein before specified and given to others of my legatees also all that part of Lot Number Two hundred and Forty One which lies on the southside of Cedar Bend Creek all situate lying and being in the Fourteenth District of originally Baldwin now Putnam County. I also give to her the following negroes, to-wit: Pitts Polly and Kissy James and Martha and Hentry Miles Lonza and Godfrey to have and to hold said land and negroes during the natural life of her the said Lucy Ann and at her death I give the said land and negroes to the child or children issue of her body living at the time of death equally to be divided between them to them and their heirs forever. If however she should die without leaving such child or children living at the time of her death the said land and negroes to go to and be divided between my children that may survive her and to the surviving representative or representatives of such of my child or children as may then be dead between them equally to be divided the representative or representatives so specified to take to them and their heirs forever, but the child or children of mine then surviving them to take and hold in the like manner and on the terms and limitations imposed herein on their respective legacies. Item Fifth: To my daughter Artemesia Head I bequeath in addition to what has heretofore been specified the following negroes to-wit: Seaborn and Merit Indy and Almanie Dick and Aleck Harriet and Mary Ann and Chloe for and during her natural life and at her death to go to the issue, the child or children of her body living at the time of her death to them and their heirs forever. And if my said daughter Artemesia should die without issue living that is a child at the time of her death then I desire and direct that said negroes given to her for life shall then be in life and the surviving representative or representatives of a deceased child of mine the said representative so surviving to take them and their heirs forever but my said surviving child or chldren to take and hold in like manner and under like limitations and restriction with those imposed on their respective legacies specificaially given. Item Sixth: I give and bequeath to my Granddaughter Martha Head the following negroes to-wit Lethy and her child Hoss, Tiletha and Peter and Violet for and during her natural liffe and at her death to go to such child or children issue of her body as she may then have living at the time of her death to him or them and their heirs forever. If my said Grand daughter Martha should died without such child or children living at the time of her death the said negroes bequeathed to her shall go to and be equally divided between those of my children that may survive her and to the surviving representative or representatives OF A DECEASED CHILD OF MINE, my surviving child to take the same on the limitations and restrictions place on his respective legacy heretofore and hereby given the representatives however shall take absolutely to them and their heirs forever. I also give my said grand daughter her support and education in the way specified in the first clause of this my will provided and on condition that she shall REMAIN WITH MY WIFE AS HER GUARDIAN otherwise she shall have nothing for her support or education other than her specific legacy. Item Seventh: By word representative, I mean the child or children of my child or children in limiting over the portions respectively in case of death of one of my legatees, it is not my wish that my grand daughter MARTHA HEAD should not come in or take at all either as a child or the representative of a child I have provided for her in the Sixth Clause. Item Eightth: All the residue of my estate not herein specifically divided and bequeathed after paying all necessary expenses of executing my will I wish to be dqually divided between my three children herein named and SUCH OTHERS as may be living at my death and the representaive or representative of a DECEASED CHILD except my grand dauther MARTH HEAD, the representative in this and all cases take a parents portion, whether the residue consist of money notes accounts or other property, I make that disposition of i the surviving childred and the representatives of a deceased child or children who take under this clause shall hold and take under the limitation and on the terms imposed on each respecitve legacy of theirs. It is my will never the less that if a child should be born to me of my wife after executing this my will that he or she should come in for an equal share of my estate to be taken from each ones portion provided such child shall be living at my death and shall take and hold it on the same terms and limitations and like restrictions imposed on each of my children named. It is my intention that in all cases the increase shall follow the disposition of the specified property. It is also my will that whenever a division shall be called for in my will, my Executors and Executris shall nominate five discrete persons to make it, whose report when made shall be final. Lastly I nominate and appoint my wife Sarah Head and my friends William Pearson and Mark A Cooper my Executrix and Executors to carry into effect this my last will and testament. In Witness whereof I have hereunto set my hand and seal this 9th day of August 1832 in presence of THOMAS HEAD (Seal) Jerimah Clark Joel Branham John S Randle PUTNAM COUNTY, GEORGIA Court of Ordinary, March Adjourned Term 1848 In open court came Joel Branham, on of the subscribing witnesses in the within last Will and Testament of THOMAS HEAD and being sworn says that he is a subscribing witness to the said last Will and testament of THOMAS HEAD, that he saw THOMAS HEAD sign and publish the same in presence of himself and the other subscribing witnesses that they subscribed the same in the presence of the testator and the said testator was of sound and disposing mind and memory at the time of the execution of the same. Wm. B. Carter C.C.O Will Book B Folio 213 through 217 Putnam County, Georgia STATE OF GEORGIA Putnam County I THOMAS HEAD being now of sound and disposing mind and memory and desirous of disposing of all the worldly goods with which I have been blessed, do make this my last Will and testament hereby revoking all others. Item First I will that my debts be paid. Item Second, I give to my wife Sally Head the following negroes, to-wit Sam Kit Sally Lidy Delila Mary Fanny Lily and Charity also Five hundred and fifty acres of land to be selected by her also what stock provisions she may deem necessary to be hers duing her natural life and at her death to go to and be divided among my children and grandchild herein after named share and share alike. Item Third I give to James A Merriwether to hold in trust for the purpose here inafter named the following negroes with their increase from this day, Abram Simon Sopha Cela Chancy Cordina and child Mary Ann Sukey Clara and Violet to hold the same for the sole and separate use of my daughter Sara Ann C Pearson to be subject in no wise for the payment of any husbands debts the property may be used and employed under the authority and power of said trustee as he may think will best promote the objects of said trust allowing the said Sara Ann C to have and use the same for the support of herself and children during her life and at her death equally to be divided among her children share and share alike. Item Fourth I give to James A Merriwether to hold in trust for the purposes hereinafter named the following negroes with their increase from this day to-wit Luke Minty Lonza Page Amanda Annis Charity Jr. John and Susan to hold the same for the sole and separate use of my said daughter Lucy Ann E T Brown to be subject in no wise for the payment of any husbands debts the property may be used and employed under the authority and power of said trustee as he may think will best secure the objects of the trust allowing the said Lucy Ann E T to have and use the same for the support of herself and children during her lifetime and at her death to be equally divided among her children share and share alike. Item Fifth I give to James A Merriwether to hold in trust for the purpose hereinafter named the following property negroes with their increase from this day, Polly Jim Enoch Kitchen Ailsey Cloey Tamar Silas Richmond and Jim, to have and to hold the same for the sole and separate use of my daughter Artemisa to have and use the same for the support of herself and children should she have any during her life and at her death to be equally divided among her children. Item Sixth I give to James A Merriwether to hold in trust for the purpose hereinafter named the following property negroes with their increase from this day to-wit; Leathy Rose Betsey Lucinda Jerry King Izabel Green Tillitha and Mariah to have and to hold the same for the sole and separate use of my grand daughter Martha T Head and not subject to the payments of the debts of any husband the property may be used and employed under the authority and power of said trustee as he may think will best promote the objects of said trust allowing the said Martha T Head to have said use of the same for the support of herself and any children she may have during her life time and at her death the property to be equally divided among said children share and share alike, but if she die leaving no child or descendants of child alive at her death said property to return to my estate and be equally divided among my children the title to the same to be vested in trust and not otherwise as is provided in each bequest made to said children and or the same purposes for the uses and under the same and identical restriction limitations and uses the gift being to their sole and separate use. Item Seventh I give all my lands not given to my wife to be equally divided among my children and grand child and to be held in trust and all the other property which I have given them to use and applied and controlled as such and to be subject to the same uses and under the same and identical restrictions and limitations and uses as the other bequests herein made ot them the gift being sole and separate use. Item Eight I give to my wife all my negroes not herein disposed of to be equally divided as contemplated be the former bequests to be equally divided between my wife, children and grand child, my wife's share to be held during her life and divided at her death like the other property she has received, the share going to my grandchild and all that she inherits or receives under this will to be held in trust for her sole and separate use as before provided and at her death without child or children to revert and be disposed of as heretofore provided, the property which my children shall receive every particle of it I give to them in trust as before and to said trustee to have and to hold for their sole and separate use and upon the same restriction and limitations and for the same uses and purposes and trust which I have more fully stated in a previous part of my will. I appoint my wife Sally Head my Executrix and James A Merriwether my Executor. Signed sealed published and declared to be my last will and testament in presence of December 19th, 1844 THOMAS HEAD Gabriel Harrison P R Clements J A