Stewart County GaArchives Wills.....COX, Ichabod January 26, 1858 ************************************************ 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: Kay Jorgensen kay_jorgensen@jorgfe.com June 2, 2010, 9:40 pm Source: Family History Library Film #424278 Written: January 26, 1858 Recorded: November 22, 1861 Page 116 Georgia Stewart County: I Ichabod COX of said State and County being of sound and disposing mind and memory do make ordain declare and publish this my last will and testament hereby _____ing and annulling all others heretofore made by me. Item 1st I wish and direct that my body be buried in a christian like manner suitable to my circumstances and condition in life - my soul I trust shall return to God who gave it as I hope for salvation through the merits and atonement of our Lord and Savior Jesus Christ. Item 2nd I wish and direct that my Executors hereinafter named shall pay all my just debts with as delay as possible. Item 3rd I give and bequeath to my beloved wife Nancy D. COX one Thou- sand dollars in money, a good horse and buggy, my bedstead, bed and its furniture, my armchair and my fine cloak which money and other property mentioned in this Item I hereby give and bequeath unto my said wife in ___ and in lieu of her right of dower in and out of my real estate. Item 4 I hereby give and bequeath to my grand son Cary A. WALKER the son of my daughter Talitha WALKER, one Thousand dollars - Should the said Cary A. WALKER die before he is twenty one years having no wife nor child then it is my will and desire that the legacy mentioned in this item revert to my estate and be distrib- uted as hereinafter mentioned. Item 5 I have heretofore given to my sons James R. COX, Lemuel COX, Cary S. COX, and William M. COX each The sum of sixteen hundred dollars which sums ___ given to each of my said sons absolutely. To my daughters Nancy HARVEY, Maria THOMPSON, and Malinda GORDON I have also heretofore given to each of them the like sum of sixteen hundred dollars in like manner. To my daughters Mary RANKIN and her first husband Wm. POWELL and to the said Mary and her present husband I have heretofore given (to wit more than ten years ago) at different times sums of money ammounting in all to six hundred dollars which said six hundred dollars was given absolutely, but the sum of one thousand dollars which I gave the said Mary at two different times during the past three years was given to her children (present or future) in trust for their sole separate [?use] free from the debts liability or control of the present or future hus- band of the said Mary. To my daughter Temperance WHITE and her first husband James HARVEY and to the said Temperance and her present husband Levi WHITE I have heretofore given (to wit more than five years ago) at different times sums of money amounting in all to six hundred dollars which was given absolutely and without conditions or limitations, but the five hundred dollars which I ____ ___ over to said Levi WHITE more than two years ago was given in the following manner to wit one hundred dollars each to William HARVEY, Ichabod HARVEY, and Pauline HARVEY children of the said Temperance (making three hundred dollars) and the remaining two hundred dollars which I paid over to said Levi WHITE ________ the ___ __ years I give and bequeath unto the said Temperance and her child Adeth and such children as the said Temperance may have after Page 117 have in trust for the said Temperance and children for their sole and separate use free from the debts liability or control of her present or any future husband. The three hundred dollars I have given du- ring the last year to said William HARVEY, Ichabod HARVEY and Pauline HARVEY to wit The one hundred dollars which I paid directly to each of them The said year 1857) is given to them without any limitations. To my daughter Cynthia HORTON/HOOTON (now decd) and unto her children I have heretofore given the sum of sixteen hundred dollars absolutely. Item 6 After the payment of my just debts and the payment of the specific legasies mentioned in the 3rd and 4th Items of this my will I wish and direct that the remainder of my estate real personal and mixed of all kinds whatsoever be divided into ten equal shares and unto my sons James R. COX, Lemuel COX, Cary S. COX, William COX and my daughters Malinda GORDON, Nancy HARVEY, and Maria THOMPSON I give and bequeath to each a shart thereof and unto the children of my daughter Cynthia HORTEN/HOOTEN to wit Henry HORTEN, James HORTEN, William HORTEN and Louisa GRAY and Martha A. WORTHY and Cynthia JETT I give and bequeath one share thereof. And the said several shares which I have given to the said James R., Lemuel, Cary S., Wililam M., Malinda, Mariah and Nancy and the share as given to the children of said Cynthia are given to them absolutely and without any condition or limitations. One share I give and bequeath unto Mary RUSHIN and her children to their own use and benefit free from the debts or liabilities of her present or any future husband. and the remaining share I give and bequeath unto my daughter Temperance and unto such children she now has or may hereafter have for their sole use and benefit free from the debts or liabilities of the present or any future husband of the said Temperance. Item 7 Out of the share so given and bequeathed to Mary RUSHIN and her children I wish and direct that a promisory note made by Able HOLTON who married Rachel a daughter of said Mary, payable to Wm. M. COX __ __ ____ for two hundred and sixty eight 24/100 dollars be paid without interest. Also out of said share I direct that a debt for fifty dollars due to James R. COX from Wm. T. RUSHIN son of said Mary be paid. Also a debt of like amount (fifty dollars) due to C. S. COX from said Wm. T. RUSHIN. Item 8 I hereby authorize and empower my daughter Mary RUSHIN to give off too such of her children and in such a manner as she may prefer the share of my property so given to said Mary and her children. I also authorize and empower the said Temperance WHITE to dispose of or give to such of her children and in such a manner as she may prefer the property given to her and children in this will. But should the said Mary and Temperance die without having made any disposition to their childrne of said property then do I wish the property so left to said Mary and children be equally divided between her children after deducting from the share tha_ concerning to Rachel HOLTON the amount of note on Abel HOLTON directed to be paid in the 7th item of this will as aforesaid and after deducting from __ ___ ____ due the said William T. RUSHIN the amounts so directed in said Item 7th to be paid for him. And the property so left to said Temperance and children be equally divided between them share and share alike. Item 9 I hereby appoint Levi WHITE trustee for his wife Temperance and William RUSHIN for his wife Mary. Page 118 Item 10 The legacy mentioned in the 3rd Item of this my will is given to my wife in lieu of every claim she may have against my estate after my death for support or on any other account whatsoever. Item 11 I wish and direct that my daughters Mary RUSHIN and Temperance WHITE may control and direct the property so given to them and children in all respects sccording to their wishes so that said property be never rendered liable to the payment of any debts or liabilities of their present or future husbands. Item 12 I hereby ____ and appoint my sons James R. COX, Cary S. COX and William M. COX executors of this my last will and testament this 20 day of January 1858. Ichabod COX -seal- Signed sealed declared and published as the last will and testament of Ichabod COX in the presence of us The subscribers who subscribed our names as witnesses hereto in the presence of each and of said testator and at his special instance and request. The interlimitation in 5th Item (above the last line of 2nd page) and the ______ in 4th Item made before ____ and __ This 26th day of January 1858. William J. WATT A. B. REDDING D. J. SHIPP --Codicil-- State of Georgia Stewart County Whereby I Ichabod COX did on the twenty sixth day of January in the year of our Lord eighteen hundred and fifty eight sign seal declare and publish my last will and testament in the presence of William J. WATT,, A. B. REDDING and David J. SHIPP who signed the said will and testament as witnesses and whereas I am desirous of altering and changing a bequest and desire in said will I therefore make and publish this codicil to said will. First - I revoke and annul the items of said will so far as relates to my property or money given by me to my son in law Levi WHITE as Trustee for his wife Temperance WHITE my daughter and in lieu thereof I hereby appoint my son William M. COX and my grandson Thomas W. HARVEY both of Marion county Geo. as trustees for my daughter Temperance WHITE wife of Levi WHITE and it is my will and desire that the trustees above mentioned shall take charge of the whole of my property or money which may at any time be given by me to my daughter said Temperance WHITE and that said property or money is to be for the sole and separate use of my daughter Temperance WHITE during her lifetime free from debts liabilities contracts or control of her present or any future husband and with the power of ____ of the same by will at her death But should she die intestate then the said trustees are to divide said property or money (bequeathed to said trustee in trust for my said daughter Temperance WHITE) with all of its natural increase equally between my brand-children the children of said Temperance WHITE share and share alike This the 28th day of February 1860. Ichabod COX --seal-- Page 119 Signed sealed declared and published by Ichabod COX as the codicil to his last will and testament of the twenty sixth day of January eighteen hundred and fifty eight in the presence of us the subscribing witnesses who subscribed our names hereto in the presence of said testator at his special instance and request and of each other. This the 28th day of February 1860 David/Davis J. SHIPP H. HOLOWAY Wm. M. WOODALL Admitted to probate and Record in Common Form at the November Term 1861 of the Court of Ordinary of Stewart County Ga (See minutes of said Court) Recorded 22nd day of November 1861 J._ WIMBERLY - Ordinary Additional Comments: Nancy D. COX - was Ichabod's second wife, whom he married 15 Aug. 1850 in Talbot Co., GA, after his first wife, Mary (Polly) ROWAN-COX died in 1846 in Talbot Co., GA. File at: http://files.usgwarchives.net/ga/stewart/wills/cox854wl.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 10.9 Kb