Screven-Decatur County GaArchives Wills.....James SCOTT Sr May 3 1828 ************************************************ 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: JohnRobert Peavy jrpv@netzero.net February 24, 2004, 5:49 pm Source: Screven Co Ga Will Book 2-b Pp 49-51 & 1 P 40 Written: May 3 1828 Recorded: April 9 1832 Screven Co GA Will Book 2-B pp 49-51/Will Book 1 p 40. I, James Scott, Senr., of the State of Georgia and County of Scriven do make and ordain this my last Will and Testament in manner and form following viz. I give and bequeath unto my three children VIZ, Benjamin Franklin Scott, George Washington Scott and Sarah Ann Scott and my wife Temperance Scott, Six hundred acres of pine land in the County of Scriven, adjoining lands of Henry Colding & others; said Temperance is to hold sd. land enduring her widowhood, and if married, then the said land to belong to three above mentioned children. -- I also give & bequeath unto my same said three children, Benjamin Franklin Scott, George Washington Scott, Sarah Ann Scott and my wife Temperance Scott my four negroes viz. Mose, July, Celia & her child Judy, said Temperance Scott is to hold those said negroes enduring her widowhood, and if she should marry then said negroes to belong to the said three children. - The crop I have now on hand I leave for the support of my family, my horses I leave to make this crop now on hand, and when the crop is made, then said horses is to be equally divided & the one half to belong to the above said three children & my wife Temperance enduring her widowhood, and if she marries, then the said horses to belong to said three above mentioned children, and the other half to be divided between my other children by my first wife. -- My Cattle I wish to be equally divided with a reserve of two likely heifers with their first calves, which I bequeath to William Thomas Scott, Junr. Son of Wm. Scott, Senr. Also a heifer marked in his mark viz. a swallow fork in one ear and an upper ibt in the other; also I make a reserve all three marked and branded in the mark and brand of my two sons, viz. Benjamin Franklin Scott and George Washington Scott -- And when the above mentioned cattle is equally divided, I want the one half of said cattle I wish to go to my said three children viz. Benjamin Franklin Scott, George Washington Scott and Sarah Ann Scott and my wife Temperance enduring her widowhood and if she marries, then the said cattle to belong to the said three children. -- The remainder of the cattle I want equally divided between my children by my first wife. -- My sheep I also wish to be equally divided the one half I leave to my three children, Benjamin, George and Sarah Ann and Temperance my wife enduring her widowhood and if she marries then said sheep to belong to the said three children above mentioned; the other part of my sheep to be equally divided between my children by my first wife. -- I also leave all my household and kitchen furniture to my three children Benjamin, George and Sarah Ann Scott and Temperance my wife which she is to have enduring her widowhood and if she marries then the said household and kitchen furniture to belong to the said above mentioned children. My hand mill I leave to my two sons Benjamin Franklin and George Washington. -- My stock of hogs and stock of goats, I leave for the support of my wife Temperance and her three children, viz. Benjamin, George and Sarah Ann. All my farming utensils and plantation tools and fire locks I bequeath to the above mentioned three children and Temperance my wife, which she is to have enduring her widowhood and if she marries then those said articles to belong to the said three children, Benjamin, George and Sarah Ann. -- Also the corn, fodder and peas, I leave for the support of my family, that is, the same that I now have on hand, all the poultry I bequeath to my wife Temperance, and should my wife Temperance die enduring her widowhood, then all aforementioned three children viz. Benjamin Franklin Scott, George Washington Scott and Sarah Ann Scott, then the said property to belong to the said three children; hereby revoking all other former wills by me at any time heretofore made. -- In witness wherof I have hereuto set my hand and seal the 3rd day of May in the year Our Lord Eighteen hundred and twenty-eight. Signed, sealed, published and declared by the testator James Scott Senr. As and for his last Will and testament in the presence of us, who have subscribed our names as witnesses thereto in the presence of the said testator. James Scott, Senr. (his + mark) L.S. wax seal Richard R. Scott Jacob Wells Meredith (his x mark) Poythress Georgia Scriven County Personally appeared Jacob Wells and Richard R. Scott who being duly sworn, deposeth and saith that they were present and saw the within named James Scott Sr. sign, seal and acknowledge the within instrument of writing as his last Will and Testament, by making the initial + his mark, that deponents believe him at the time, to be in sound and disposing mind, and that they saw Meredith Poythress, Jr. sign the the same as witness, together with themselves. Sworn to and subscribed before us, 9th. April 1832 in vacation. Hope Brannen J.J.C. Richard R. Scott Jacob Bryan J.J.C. Jacob Wells Codicil to the above will I, James Scott of the County of Scriven and State of Georgia, this 5th day of March 1831 make and publish this Codicil to my last Will and Testament in manner following (that is to say) the negro woman named Celia in my last (which this Codicil is to be annexed) the said Will dated 3rd. May, 1828 or eighteen twenty-eight, I leave to my wife Temperance Scott enduring her life and at her death, the said Celia and the increase of her body then to be equally divided between my three children by the said Temperance, also a negro child of the said Celia, named Stephen a boy I leave to the above my two sons and daughter the said heirs by my wife Temperance above mentioned. And further, W. Joseph McGowin, I consider that I have given him his part of my property, and I have given him a negro girl Eliza I give unto his wife which I consider an heir of my property. The two cows and calves which W. J. Rawls left me I leave to my two sons Benjamin Franklin Scott and George Washington Scott and the share in the tract of land which the said Jno. Rawls Sr. left me I leave unto my wife Temperance Scott. I leave sixty-seven and an half acres of land in Telfair County I leave to my wife Temperance and my three heirs, Benjamin Franklin Scott, George Washington Scott and Sarah Ann Scott. And lastly, it's my desire that this present Codicil be annexed to and be made a part of my last Will and Testament to all intents and purposes. In witness whereof I have hereunto set my hand and seal this 5th. day of March 1831. James (his + mark) Scott Signed, sealed, published and declared by the above. Named James Scott, Sr. as a Codicil to be annexed to his last Will and Testament in the presence of. Richard Reives Scott John Zeagler Jacob H. Wells Georgia Scriven County Personally appeared Richard R. Scott, John Zeagler and Jacob H. Wells who being duly sworn, deposeth and saith that they were present and did see the within named James Scott, Sr. sign, seal and acknowledge the annexed Codicil to the last Will and Testament of the said James Scott, Sr. to be his act and will as such by making the initial (+) his mark, and that they believe the said James Scott to be in sound and disposing mind at the time of the execution thereof. Sworn to and subscribed before us this 9th. April 1832 in vacation. Hope Brannen J.J.C. R. R. Scott Jacob Bryan J.J. C. John Zeagler Jacob H. Wells Recorded this 8th. day of May 1832. Seaborn Goodall C.C.O.Sc. Additional Comments: Slave names: Eliza, Mose, July, Celia and her children Judy and Stephen Note: James SCOTT Sr’s mark (which was not a middle initial) looked like a Letter “I” with a dash through the middle. Note: In his will of 9 Sep 1830 (Decatur Co GA Will Book AA pp 19-20) John RAWLS left (1) half of the profits from land which John RAWLS cleared in Thomas Co GA, as well as (2) two cows and two calves, to his daughter Tempey SCOTT, wife of James SCOTT Sr. That will was proved on 3 Jan 1831, and James SCOTT Sr, in his own will’s codicil dated 5 Mar 1831, left these items to his wife Temperance and to their sons, respectively. This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 8.7 Kb