RABUN CO., GA: WILL OF ALLEN R. GAINES, 1860 Submitted by Elaine English (http://www.genrecords.net/emailregistry/vols/00026.html#0006430) ==================================================================== 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 the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Elaine English http://www.genrecords.net/emailregistry/vols/00026.html#0006430 ==================================================================== Rabun Co., GA Book ?? Page 77-Page 82 Georgia, Rabun County In the name of God Amen, I Allen R. Gaines of the county of Rabun And state of Georgia-being of Sound and disposing mind and memory and being desireous of settling my worldly (word apparently omitted) whilst I have strength to do so do make and publish this my last will and Testament hereby revoking all wills by me at any time heretofore made and first I commit my Soul to God who gave it and my body to be buried in a Christian like manner Suitable to my circumstances and condition in life Item 1st I desire that all my just debts be paid as soon as it can conveniently be done and afterpaying out all the money heretofore mentioned the remainder to be Equally divided between my children. 2nd I give and bequeath unto my beloved wife Catherine Gaines to have and to hold during her natural life the following property. One bed and furniture and one bay filly and all the cattle and hogs and sheep that is not otherwise disposed of 3rd I give and bequeath to my daughter Lydia Ann Elizabeth One hundred acres of land including the building where I now live beginning on blacks creek on John W. Scruggs line running South to the East and West line thence East fare (?) enough to run North to cover the hundred acres. Also I direct Executors to pay her one hundred dollars as I have not give her a horse and saddle and I further direct that my daughter Lydia Ann be furnished with a bed and furniture also I give and bequeath to her a negro Girl by name Minda fore twenty five years and at the Expiration of this time the Girl Minda and her increase if any to be Equally divided Among my children and I also direct that my wife Catherine live together with my daughter Lydia on the above described hundred acres of land and I desire her to have all the Household & Kitchen furniture and farming utensils. I give and bequeath to my daughter Mary Ann on bed and furniture and one horse worth seventy five dollars and one cow & calf I give and bequeath to my daughter Sarah Ann one bed and furniture and one horse worth seventy five dollars and one cow & calf I give and bequeath to my son Henry one cow and calf to make him Equal to the rest that I have already given cows and calves. I give and bequeath to my Son James Thaddeus one hundred and twenty five dollars as I have not give him a horse and cow and calf. I give and bequeath to my son Julius one hundred and twenty five dollars as I have not give him a horse and cow and calf. I give and bequeath to my son Thomas one hundred and twenty five dollars as I have not give him a horse and cow and calf. As regard to the remainder of my lands it is my desire that when my youngest child is twenty one years of age-that there be three or five freeholders choosed to divide Said lands as Equal as they can between my children except Lydia Ann as I have give her one hundred acres and when divided let them draw for said Shares. I do here by appoint my wife Catherine Gaines Executrix and my son John my Lawful Executor of this my last will and Testament this 30th of March 1860. Allen R. Gaines I hereby sign seal and publish this to be my last will and Testament in the presence of Lewis N. Jones B.(?) W. Gibson R.(?) M. Beams(?) Hiram Gibson Georgia, Rabun County In the name of God Amen, I Allen R. Gaines of the state and county aforesaid being still of sound and disposing mind and discretion do hereby make and publish this as a supplement to my last (word will omitted) and testament made and published by me on the thirtieth day of March last-to wit- I will and desire that the land bequeathed to my daughter Lydia Ann Elizabeth in the third item of said recorded(?) will Remain hers during her natural life free from and not subject to any debts already contracted or hereafter to be contracted by her: &(?) that the same may remain as a home for her and my wife Catherine during each of their natural lives and should my daughter Lydia die before my wife then I desire that the Said land remain to my wife Catherine during her natural life as her home and that the same be not subject to the debts or disposal of either of them. I further desire that at the death of my daughter Lydia Ann Elizabeth and my wife Catherine that the said parcel of land recited in the third item of my will be disposed of according to and in terms of the tenth item of said will. I further desire and direct that my Executrix and Executor named in said will collect all the debts due to me by note bond bill account or other evidences of debt and after paying all my just debts divide the remainder of the proceeds equally between all my children. Allen R. Gaines In witness whereof I do hereby sign seal and publish this to be the codicil to my last will and Testament in presence of Hiram Gibson Lewis N. Jones A.(?) H.(?) Martin John Beck(?) Georgia, Rabun County I do solemnly swear that this writing contains the true last will of the within named A. R. Gaines 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 the said will as far as his goods and chattels will there unto 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. John W. Gaines Sworn to and subscribed before me in open court August 7th, 1860 J. M. Blackwell, Ordinary Georgia, Rabun County By J. M. Blackwell, Ordinary of Said County Know all men whom it may concern that on the first Monday in August eighteen hundred and Sixty the last will and testament of Allen R. Gaines deceased at the time of his death a resident of Said county was legally proven in solemn form at the regular term of the court of Ordinary a copy of which is annext duly certified at which time an order was also taken to allow John W. Gaines one of the named Executors in said will to qualify and that letters testamentary should issue to him upon qualifying as such executor. Now therefore the Said John W. Gaines having taken the Oath of Office and qualified with all necessary requirements of the law said John W. Gaines is legally authorized to discharge all the duties of an executor on the Will of Allen R. Gaines to Administer the property of said deceased which is devised according to the will and the law of the land and said John W. Gaines is hereby required to render a true and perfect inventory and appraisement of all and singular the goods and chattels rights and credits of said deceased and make return of them to the Ordinary of Rabun County and further to report annually to the same office the situation of said Estate his acting and doing untill his executorship is fully discharged. Given under my hand and official (?) signature and seal the 27th (? Month left out) 1860 Jas. W. Balckwell, Ordinary