Spalding County GaArchives Wills.....Elder, Joshua August 1, 1863 ************************************************ 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: Beth Collins http://www.genrecords.net/emailregistry/vols/00011.html#0002523 April 2, 2011, 3:34 pm Source: Will Book A, Pp. 117-119 Written: August 1, 1863 Recorded: September 7, 1863 Spalding County, Georgia Will Book A, pp. 117-119 The last Will and Testament of Joshua Elder of the state of Georgia Spalding County. I Joshua Elder considering the uncertainty of this life mortal life and being of Sound Mind and Memory do make and Publish this my last Will and Testament in manner and form following (That is to say) Item 1st I give and bequeath unto my beloved wife Anna Elder one Negro Boy name Henry and one woman name Aley and her Two Children Bob and her Infant Child Sarah and one other Negro Girl named Louesa after the Death of my beloved wife Anna Elder the Negro Boy Henry is to go to my Daughter Mary L Starr and the Heirs of her body and the woman Aley and her Two Children Bob & Sarah with all of her increase to Samuel E Elder my Eldest Son Item 2nd I give and bequeath unto my Son Samuel Elder One Negro Boy name George together with one hundred Acres of Land more or less commenceing at the corner of the Lane at Samuel E Elders thence Running East to L P Ogletrees corner thence South as the fence Runs to the corner of the fence at the woods thence straight on South to the Branch to a White Oak corner thence West to A Ogletrees corner thence North to the Starting Point Item 3th I give and bequeath unto my Son James B. Elder all that Portion of Land beginning at the North East corner of lot (no 9) thence South to the corner of John H Elders new Ground fence thence along the fence South West to the lower corner thence Straitt to the Road thence along the Road to the fork of the (sic) in front of my Gate Thence Noth along the Road to the Branch Also Four Negroes June Ciller & her Two children Ben and Ann after the death of my wife the Negro Gill Louisa is to go to my Son James B Elder Item 4th I give and bequeath unto my Daughter Nancy E Hindsman and the Heirs of her body Three Negroes Harriett Anthony & Jordan Item 5th I give and bequeath unto my Daughter Martha A Mulaier and the Heirs of her body one lot of Land (no 7) Seven and all that portion of Land of number (no 6) six Bounded by the Creek and the Road Also Five Negroes Tener Malinda Sherwood Luck & Nathan by paying back Five Hundred dollars to the estate Item 6th I give and bequeath unto my Son David P. Elder Eight Negroes New Amanda America Emanuel Abe Mary Harriette & Calvin with all their increase Item 7th I give and bequeath unto my Son John H Elder a portion of Land beginning at a Red Oak corner at the Road running Strait down to the Spring then down the Spring Branch to the original line of number (no 7) Seven East to the original corner thence north up the Branch to the Road near the Tanyard thence northwest along the road to the original line thence north to James B Elder corner Also Six negroes Caroline and her children & Terry Wood David and Little Tener with all their increase by paying back Five Hundred dollars to the Estate Item 8th I give and bequeath unto my beloved Wife the remainder of my lands during her natural life after her Death these lands is to go to my Son James B Elder by his taking care of his Mother During her Life I also give unto my wife my Bay Mare and Buggy and my young Jack Mule Two Cows & Calves Two Sows and Pigs Six Head Sheep and Pork Enough to do her one Year Also enough Corn Fodder Wheat and oats enough for one Year with Five Rolling Hegs for the next year and all the Household and Kitchen furniture to remain together until my wifes Death then what is left to be Sold and Equally divided among the children Item 9th I desire that the Remainder of my Estate not named in the will be sold and equally divided between Elizabeth R Starr children with the exception of one Hundred and Fifty dollars to Build a Rock Wall at the Grave Yard where I desire to be Burried Item 10th I desire and request that all my Money and notes shall be divided between my Daughters Elizabeth R Starrs children as they become of Age I also appoint my Son John H Elder Guardian for Benjamin M Starr & Martha E Starr Item 11th I desire and request that Joshua H Starr being my Grand Son Shall have Three Hundred dollars at my (sic) Also my Grand Daughter Martha E Munley to have Five Hundred dollars at my Death Item 11th I desire and request that James Coleman Sr. shall still live on the place where he now lives and have all the land to cultivate which he now has so long as he lives or desires to live in the land after his Death or when ever he leaves the place then the Land is to belong to my Son James B Elder Item 12th And last I hereby appoint Absalom Ogletree and Robert B Andrews executors of this my last Will and Testament in witness whereof I have hereunto set my hand and seal this 1st day of August in the year of our Lord One Thousand Eight hundred and Sixty Three his Joshua x Elder mark The above instrument consisting of (Two Sheets) was now here Subscribed by Joshua Elder the Testator in the presence of each of us and was at the same time declared by him to be his last Will and Testament and we at his request Sign our names hereto as attesting witnesses George Miles Residing in the County of Spalding Richard Gibson Residing in the County of Spalding Daniel S. Holman Residing in the County of Spalding Spalding Court of ordinary Sept 7 1863 September Term 1863. The last Will and Testament of Joshua Elder being produced in Open Court for Probate by the Executor who have filed their petition to prove the Same one of the witnesses to said will George Miles having Subscribed the following affidavit indorsed on _____ Will Sept Term 1863 of Spalding Court of Ordinary came into open Court at this a regular Term of the Court George Miles and being duly Sworn depose that he Saw Joshua Elder sign and Publish the within as his last Will and Testament when of sound & disposing mind that they witnessed the same for him at his request and in his presents and of each other and the same was executed voluntarily by him on the day it purports to have been executed Sworn to & Subscribed before me this Sept 7th 1863 John D Stewart George Miles Ordinary File at: http://files.usgwarchives.net/ga/spalding/wills/elder879wl.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 7.0 Kb