Spalding County GaArchives Wills.....Nunnally, Josiah E. December 8, 1853 ************************************************ 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: Suzanne Forte suzanneforte@bellsouth.net August 18, 2005, 1:56 pm Source: Spalding County, Georgia Will Book A, 1852-1880, Page 63-67 Written: December 8, 1853 WILL OF JOSIAH E. NUNNALLY I Josiah E. Nunnally being of sound mind and memory do make and ordain this to be my last will and testament. First of all I give my body to the earth to be interred in Christian like order, my sole to God the father to dispose of it at his will and pleasure and after all my just debts are paid, the remainder of my property to be divided as follows: Item 1st I give or lone to my wife Tabitha the house and lot where I now live as a dwelling for the family, together with household and kitchen furniture. I also lone the following Negroes as long as she remains single, but should she marry, the Negroes and all to be sold except the old woman Peggy, which she must name in fee simple as long as they shall live. Lewis, a man, Eby, his wife, Denard Taylor, Wesley, Harry and Richard the children of said Lewis and Eby and their future increase to her as long as she shall remain single. 2nd I give to my oldest son John G. Nunnally one Negroe man by the name of Jacob Woodson and a girl by the name of Harriett together with her increase as long as he lives and then at his death to his three children, Nancy, Fredonia and Eugenia A, one bed and furniture, one horse, saddle and bridle which have all been delivered before the signing of these presents. Third - I give to my daughter Susan Jane, one Negroe woman named Chloe, together with her increase as long as she lives and after her death to grandson Jonathan P. Milner for the use and benefit of his son Robert Fulton with her future increase. The bed, horse and cow of the said Jonathan P. in fee simple also which has all been delivered to him before the signing of these presents. Fourth I give to my daughter Ann Elizabeth Gordon one Negroe woman named Amanda and her increase, and one Negroe boy named Doctor Lewis as long as the said Ann shall live and at her death to the lawful heirs of her body, and the bed, horse and cow with the balance already delivered to J.W. Gordon in fee simple forever. Fifth - I give to my son Josiah E. one Negroe man named Washington to him as long as he shall live and at his death to his son James forever together with the things already delivered before signing of these presents. Sixth I give to my daughter Martha C. Cunningham one woman named Cidis together with her increase and after her death to her boys William Josiah and John as long as they shall live, one Negro boy by name of Alexander with the bedroom furniture already delivered before signing these presents. Seventh - I give to my son William H. one Negroe boy named Sanford and Martha a girl with her increase as long as he lives and after his death to his two sons, Williford and Grotier as long as they shall live and the bed and furniture and other items delivered before the signing these presents to their mother Victoria Jane. Eighth - I give to my son Aaron Dickson, one Negroe man by the name of Garnett Ellis, his law books and gold watch in the place of a small Negroe girl one bed and furniture and other articles to make it equal with the other children and at his death to his lawful children. If he should die without heirs the property then to be sold and the money equally to be divided between his brothers and Ann E. Gordon Ninth - I give to my son James Asbery one Negroe boy by the name of Henry and the whole of my medical books and shop furniture that I may have at my death and cause to be paid out of my other property; his expenses of another course of Lectures at the Southern Medical College, Georgia. One horse, saddle and bridle and all other articles to make him equal with the other children who have left me, but should he die before he marries, the property to be sold and the money to be equally divided among his other brothers and his sister, Ann E. Gordon. But otherwise to his widow and lawful children, as above desired to my other children. Tenth - I give to my son Cicero Alphonso, one Negroe woman by the name of Betsey and her son Elijah together with their future increase and money enough to send him to school to some good institution for four years in secession. But should he die before he can complete his education or marries then the girl Betsy and increase to be sold and equally divided among his brothers then living but otherwise to be made equal with my other children, when they marry. The residence of my Negroes, Calvin, Agnes, Mariah, Triphana, Mary Jane, Henderson, to be divided to my best advantage and the money for the house to be appropriated to defray the expenses of James A. and Cicero Alphonzo and as they become of age twenty one years the property may then be equally divided among my living children at that time. The house now occupied by me, be used by James A. as a shop for himself and mother. The Negroes and all other property not named, money, books, accounts and notes, appropriated to the payment of my debts. The balance to be equally divided between my living children and the property loaned to my beloved wife or manager sold and the money equally divided among my living children and my daughter Ann E. Gordon. The grand children of those which are dead. The share that their father or mother would have been entitled to had they been living. This instrument is to be carried into effect by my sons James A. Nunnally and Aaron D. Nunnally, whom I hereby appoint as the Executors. The above signed sealed and delivered by me this the Eighth day of December, one thousand Eight Hundred and Fifty Three. Signed sealed and acknowledged, Josiah E. Nunnally in the presence of A. Gray J. Harris S. D. Harris James H. Rivers -------------------------------------------------------------------------------- Georgia Spalding County Court of Ordinary August Term 1861 Now comes James A. Nunnally and Aaron D. Nunnally the executors appointed in the last will and testament of Josiah E. Nunnally late of said county, deceased, and propound said will to the court and asks that the same may be processed in solemn form and they sworn as Executors, your petitioners. and that the said deceased was a citizen of Spalding County and State of Georgia, that he departed this life in the said county. That the estate bequeathed by said will consists in land, Negroes and other effects in this state, worth about the sum of twelve thousand dollars. They further state that all the Legates under said will, John G. Nunnally, James W. Gordon in right of his wife Ann E., natural guardian for his son Robert, Simon H. Saunders guardian of H. Nunnally, the widowed Mrs. T. Nunnally; Sarah J. Nunnally, guardian for her son James, have been duly notified to appear at this term of the court and object to the proof of said will if any objection they have. James A. Nunnally Aaron D. Nunnally Return granted G. J. Green, Ordinary -------------------------------------------------------------------------------- Georgia, Spalding County Court of Ordinary August term 1861. The last will and Testament of Josiah E. Nunnally late of said county being presented to the court by the Executors therein appointed. The under signed subscribing witnesses being duly sworn, deposed and say that they saw Josiah E. Nunnally sign seal publish and declare the attached paper to be his last will and testament. That he was at the time of sound mind and memory and ascertained the same freely of his own accord so far as they said or know. That he signed the same in the presents of them and they signed in the presents of the testator. Sworn to and subscribed before me in open court August the 6th 1861. J. N. Harris James H. Rivers A. Gray G. J. Green Ordinary -------------------------------------------------------------------------------- Court of Ordinary, August Term 1861 The above and foregoing papers having been proved by Absolem Gray, Joseph N. Harris and James H. Rivers to be the last will and testament of Josiah E. Nunnally, late of said county decreased and it having been shown that the Legates have been notified to appear at this court. Ordered henceforth that the attached papers be admitted to the record as proven in solemn form, and that letters, testimony given to James A. Nunnally and Aaron D. Nunnally in Terms of the Law. J. Green, Ordinary Transcribed by Suzanne Forte (suzanneforte@bellsouth.net) August 2005 File at: http://files.usgwarchives.net/ga/spalding/wills/nunnally35nwl.txt This file has been created by a form at http://www.genrecords.net/gafiles/ File size: 9.2 Kb