WILL OF SEABORN WALTERS - SUMTER COUNTY, GEORGIA ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Submitted by Cynthia D. Smith-Holden holdenclan@yahoo.com ************************************************************************ State of Georgia Sumter County In the name of God, Amen. I, Seaborn Walters of said State and County being deeply impressed with the fact that I must erelong die and feeling that it is a duty which I owe to myself and especially to any family, to apportion to my beloved wife and children, by will, the property with which a kind Providence has blessed me, I therefore make this my last-Will and Testament, hereby revoking all others heretofore made by me Item First. I desire and direct that my body be buried in a decent and christian like manner suitable to my circumstances in life. And may our most merciful God receive my spirit to rest in that sweet and blessed home prepared for all his children through Jesus Christ our blessed Saviour upon whose most precious love and tender compassion I do fully and most humbly rely for eternal salvation. Item Second. I desire and direct that my Executors herein after named, pay all my just debts as they fall due or as soon thereafter as practicable. Item Third. I desire and direct that all my property be kept together till the death of my beloved wife, provided she does not marry again and to be controlled and managed during her lifetime, by my beloved son, Thomas Gordon Walters and Seaborn J. Walters whom I do hereby constitute, ordain and appoint Executors of this my last-Will and Testament, also delegating to them full power to buy and sell and to exchange such property as, in their judgement - they may believe will best comport with the general interest of my beloved wife and children, and to do all things else in the management of my estate which I, if living, would have the right to do. Item Fourth, I desire and direct that immediately after my decease, my Executors, already named take charge of all the money and notes now in my possession and also of the six bales of cotton now in J.V. Price’s warehouse Americus and unsold and that they sell the same whenever they think proper. That they sell the place on which I own(1) live, next winter, or sooner, if they can sell in exchange if for part payment for another place better suited to the wants of my family; or for any other property which they can convert into money without serious loss to my estate, provided that my beloved wife and children shall not be dispossed of a home till another one is secured fro them. Item Fifth. I desire and direct that my Executors during this year, if possible, purchase for my family another home to which they may move next winter, and which I direct shall contain not less than two hundred and not more than four hundred acres of land not to be below good medium quality. Item Sixth. In the event that my beloved wife should marry again, I direct that my Executors shall make an estimate of the cash value of my entire estate and give her a childs part of the same according to the valuation so made. In the event that she does not marry again and dies before the youngest child becomes of age, I direct that my Executors then divide my entire estate equally among all my children then living and the children of those that may be dead; the child or children of those that may then be dead ???(2) the share of their deceased parent or parents, as the case may be. The names of my children now living and now entitled to an interest in my estate are: Sarah A.J. Walters (now Sarah A.J. Coker), Margaret A. Walters, Thomas G. Walters, Seaborn J. Walters, Simeon A. Walters, James D. Walters, Isaac M. Walters, Frances A.E. Walters, John W. Walters, Joseph E. Walters, Mary A Walters, Julia A. Walters and Martha C. Walters. Item Seventh. The portion of my estate that falls due under the provisions of Item xth(3) to my beloved daughters Sarah A.J. Walters, now Sarah A.J. Coker, Margaret A. Walters, Frances A.E. Walters, Mary A. Walters, Julia A. Walters, Martha C. Walters, I will and bequeath to them and to the heirs of my beloved sons, Thomas G. Walters and Seaborn J. Walters, Trustees to manage the same for them and their children. And I do further constitute, ordain and appoint my beloved sons, Thomas G. Walters and Seaborn J. Walters Guardians for my minor children, Isaac M. Walters, Frances A.E. Walters, John W. Walters, Joseph E. Walters, Mary A. Walters, Julia Walters and Martha C. Walters ?.B.(4) The word (“upon”) in the first Item. The word (“provided she does not marry again”) and the name (“Seaborn J. Walters”) in the third Item. The word (“my”) in the fifth Item and the word (“now”) and the name annexed to it (“Sarah A.J. Coker”) interlined before signed. In the sixth Item the words (“keep all my property together till my youngest child becomes of age and that they”) were stricken out before signed. Signed, sealed, declared and published by Seaborn Walters as his last will and Testament in the presence of us, the subscribers, who subscribed our names hereto in the presence of said Testator and of each other, this 4th day of March 1867. Test: Edward Clark Seaborn Walters Thomas Simpson Francis W. Forth ========== 1. It could be that he meant ‘now live’. 2. Probably ‘draws’ but is a little unclear. 3. Probably ‘sixth’. 4. Probably ‘L.’