Talbot COUNTY GA Will Bryan, David W. File contributed for use in USGenWeb Archives by Mover28@aol.com Bobbie Bryan Coons http://files.usgwarchives.net/ga/talbot/wills/bryan.txt Talbot County, Georgia: Georgia, Talbot) In the name of God, Amen. County ) I David Bryan of the county and state aforesaid being of sound and disposing mind and memory and in tolerable bodily health do make declare and publish this as my last will and testament hereby revolking any and all former wills heretofore made by me. Item 1st.....I give unto my beloved wife Catherine Bryan the following named property - All the lands that I now own in said county of Talbot and not otherwise disposed of in the will, all of my household and kitchen furniture, carriage and harness, buggy with top and a cart or waggon, stock of mules and horses with plantation tools of all kinds sufficient to carry on a farm, together with cattle, hogs, sheep and provisions of all kinds so that nothing of the like will have to be bought by her in twelve months from the time she gets possession of her legacy herein left to her and also I give to my said wife, Catherine Bryan, the following negroes viz Cuffy, Docy, Old Mary, Ness, Lucy, Tom, Nancy, Abner, Larry, Ann, Laura, Yellow Caroline, Guy, Iris, Lucy, Virgil, Infant of Lucy together with Shoemaker George.....(dim)...... My said wife, Catherine to have and to hold all the property heretofore mentioned during her natural life provided she does not marry again except the negro woman, Charlotte, which said negro I give to her without any restriction whatsoever forever but the manner in which the property herein before mentioned given to my wife it is not designed to prevent my said wife from giving to any of the children articles of small value if she sees proper to do so. But should my wife, Catherine, marry again - God forbid, then I wish all my land lying east of a line from the North East of the Widow Dennis land to the Southwest corner of ........land sold. Item 2 - I give my son John H. Bryan in addition to what I have already given to him negro boys George, Soll and Isom. Item 3 - I give my son David F. Bryan negro boys Halle, Nelson, Orange with the sum of one thousand dollars for satisfaction for want of learning and Eight Hundred dollars for Land Money - all to be due at my death and to be paid as soon thereafter as convenient. Item 4 - I give to my son Robert S. Bryan as trustee for my daughter, Jane E. Goulding, the following negroes - Lewis, Ritter, B........, Sue, ......, Aaron, Scott, Harriett, Little Sam, Lulia and ......(dim)................to be held by the said Robert Bryan in trust for the maintenance and support of the said Jane E. Goulding and her child or children if she has any until said child or children shall arrive at the age of twenty-one years, but is in no event is any minor but the ones here proffit or nett income of said trust be used for other than support or maintennance of the said Jane and her said...................................(dim)............ .......................... twenty-one years as above stated and then the said property to be divided between her said children share and share alike. But if she should have no children alive at the age of twenty-one years then the above property herein given in Trust for the said Jane E. Goulding and her said children shall revert back and become a part and parcel of my estate and be divided amongst my heirs that may be then living and the representatives of any who may die and under no circumstance and in no event is any part of the property herein given to the said Robert Bryan in Trust for the said Jane E. Goulding be sold by the said Jane E. Goulding or by her said Trustee unless the same be done under the order of the Superior Court nor shall the interest of any one or more of her said children be liable to be sold by said interest unless it be under the like order of said court. But the Capitol or specific property mentioned in this item is to remain untouched for any purpose unless it be in case of Emergency as before stated and then only to be broken upon by the consent of the said Trustee under the approbation or order of the court as herein before stated. Item 5 - I give to my son Robert S. Bryan the following negroes viz Mark, Amy, Great Delcy, Miles, Adaline, Sealy, Little Tom, Marshall, Gedd and Little Mark. Item 6 - I give to my son J. Hamilton Bryan negroes viz Henry, Selbin, March, Selvy, Josh, Emily, Manuel, Martha, Cecive, Ned and Stephen. Item 7 - I give to my son, Preston H. Bryan negroes viz Isaac, Mariiah, Little Henry, Lindy, Lucinda, Elbert, Rachel, Leroy, Louisa, Willis and Little Ike. Item 8 - I give to my son Henry M. Bryan negroes viz Blacksmith Joe, Mary, Infant of Mary together with my blacksmith lot, shop and the best set of Smith tools including Barr store house when his time is up. Item 9 - To each of my four sons viz Robert S. Bryan, J. Hamilton Bryan, Preston H. Bryan, Henry M. Bryan I give each one of them the sum of Eight Hundred dollars and my Executors are to furnish each one of them out of my Estate a good horse, saddle with bridle and a good buggy and harness. Item 10 - I will and direct my Executors see that each of my sons now under the age of Twenty-one years do have a good Classical Education, the expense of which is to be paid for out of my Estate. Item 12 - It is my will and desire that my lots of land known as Ballally and Toler or Binns lots to the one in Forsyth County together with my negro, Polly, and all personal property to be sold that can be spared from place and my just debts paid with as little delay as possible. Item 13 - It is my will that at the death of my wife, Catherine, that all the property given her in this my last will and testament, except the negro woman, Charlotte, be divided between my children or their heirs share and share alike in the same manner as the property as left in this my will and especially I will that the share that might fall to my daughter, Jane E. Goulding, be held by said son, Roberty Bryan, in trust for her or her children in the same manner and upon the same conditions as the property is directed to be held for her said children in the fourth item of this my will. Item 14 - Having in this my will endeavored to the best of my judgement made as equal and just division according to principles of justice. All things by me considered, it is my will and desire that if any person or persons shall in any manner attempt or aput in breaking or in that event they are to be debarred from any share or part of my property although he may be named herein as legatee. Item 15 - If any negro given to either of my children in my last will and testament should be lost by death before the one to whom it is given comes into possession of the same, the said loss shall be made good to each child or children at muy wife's death out of the property then to be distributed before the general distribution to be made at her death. Item 16 - Any money left after payment of my debts I will and desire shall be equally divided amongst my children share and share alike and to follow the same condition that the other property does. Item 17 - It is my will that Mr. Barr do have the use of the store house he now occupies till his ten years shall have expired from the time it was built provided he shall occupy it himself but if he abandons for good occupation of it himself or place others in possession then his interest to cease. Item 18 - In case my son, Robert Bryan, should die......or Resign, the trustee-ship of the property herein left for the use of my daughter, Jane E. Goulding and her children - then in that event it is my will and desire and I do hereby appoint and constitute my son, J. Hamilton Bryan, trustee of the said property in his stead with all and equal power conferred on the said Robert Bryan. Item 19 - I do hereby nominate and appoint my sons, Robert S. Bryan and J. Hamilton Bryan my Executors to carry out this my last will and testament and finally I desire that my soul shall be lain to rest with the Lord and that my body may be buried in a decent and Christian like manner suitable to my condition in life. Signed, sealed, declared and published by David Bryan, the testator in the presence of us who have each subscribed the same as witnesses at the request of the said testator and in his presence and in the presence of each other this 13th day of September, 1855. William T. Holmes Peter F. Mahone John H. Couch Codecil Now therefore I do by this my writing which I hereby declare to be a codecil to my said last will and testament and to be taken as part thereof order and declare that my will is that the twelth (12th) Item in the body of my will so far as status of the negro woman, Polly, is hereby revolked and in leiu thereof I hereby give and bequeth unto my daughter, Janes E. Goulding, the said negro woman, Polly. Item 2 - I also ordain and appoint my son, John H. Bryan as an additional Executor to my will in which whereof I have here unto subscribed my name and affixed my seal this the 26th day of March 1864. D. Bryan Witnesses: Peter F. Mahone William T. Holmes B.F. Fuller A.T. Pearce Recorded 13th April 1864 Marion Bethune, Attorney ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. 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