TALBOT COUNTY, GA - WILLS John Evans Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: ed-judypurcell@charter.net Judy Penrod Purcell Table of Contents page: http://www.usgwarchives.net/ga/talbot.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Georgia, Talbot County Will Book A:105 Know all men by these presents, that, I John Evans, being of sound mind and memory, but weak in body, and being conscious of the uncertainty of this mortal life, do make, ordain, publish and declare this to be my last Will and Testament; and, I hereby revoke all wills and testaments by me heretofore made. Item. I give and bequeath, by the way of loan, unto my well beloved wife Sarah Evans, for and during her natural life, the following named negroes, and their future increase, to- wit, my negro fellow, named Jim, my negro woman, named Mary, and her children, Solomon, Peter and Susannah; and, at the decease of my wife Sarah, said negroes to be equally divided among my six sons, to-wit, Henry Evans, John H. Evans, Charles Evans, William Evans, Jesse Evans and Clayborn E. Evans. Item. I give and bequeath unto my son, Henry D. Evans, my negro fellow, named Bob. Item. I give and bequeath unto my son Charles Evans, my negro fellow, named Ned. Item. I give and bequeath unto my son William Evans, my negro fellow named Dave. Item. I give and bequeath unto my son Jesse Evans, my negro fellow named George. Item. I give and bequeath unto my son Clayborn Evans, my negro boy, named Elisha. Item. I give and bequeath unto my son Charles Evans, my negro fellow named Jerry, in trust, for the sole use and benefit of my son John H. Evans. But said negro, nor his annual value or hire is to be in no way liable to be taken for the payment of the debts of my said son, John H. Evans. Item. I give and bequeath unto my grandchild, John T. Cox, my negro girl Nancy and her future increase. But the use of said negro girl Nancy and her future increase shall belong to my daughter, Malinda Ann Mahone, during her natural life. Provided nevertheless, if my Executors have to pay out of my estate a certain promissory note made by Edward F. Mahone, on which I am his security, payable to John King Sen. by reason of the insolvency of the said Edward F. Mahone, then it is my will and desire, that said negro be sold, for the purpose of paying said note. But. said negro is to be in no way liable to pay any other debt of the said Edward F. Mahone, or of my daughter, Malinda Mahone, past present or future. Item. It is my will and desire, that all my negroes be kept together, until the present crop is made and gathered. Item. I give and divide unto my beloved wife, during life, one third of the lot of land, on which I now live, to be laid off in the North East part of said lot so as to include the Houses, out houses and Gin-House on said lot. And at her death, said third so bequeathed and devised to be equally divided, between my six sons, Henry D., John H., Charles, William, Jesse and Clayborn Evans, to them and their heirs forever. Item. I give and bequeath unto my well beloved wife, Sarah Evans, her choice of three cows with their calves, out of my tock of cattle, her choice of three sows with their pigs, out of my stock of hogs, also, my bay mare Hit, also, all my household and kitchen furniture, Beds and Bedding. Also, it is my will and desire that my said wife Sarah shall have, after the present crop is gathered, fifty Barrels of Corn, three Stacks of fodder, and fifteen hundred pounds of pork neat weight, to carry on her farm with next year. Item. It is my further will and desire, that all the balance of my real estate and other property, not by this will specifically devised or bequeathed, together with my present growing crop, should be sold by my Executors, at publick sale, and my just debts paid therewith. And, the balance that shall remain, after paying my just debts, and all necessary expences, it is my will and desire the same shall be equally divided between my six sons, towit, Henry D., John H., Charles, William, Jesse and Clayborn Evans. Item. It is my will and desire that all properties or monies, by this will given to my son John H. Evans, shall be vested in my son Charles Evans, as trustee, in trust, for the use and benefit of my said son John H. bur that the same shall be in no way liable for the payment of the debts of my said son, John H. Evans. Item. I hereby appoint my sons Henry D. Evans and Charles Evans, Executors to this my last Will and Testament. In Testimony whereof, I have herein to set my hand and affixed my seal, this the fifteenth day of June, Eighteen hundred and thirty nine. John Evans [SEAL] Signed, sealed, declared and published, in presence of us, who have subscribed the same as witnesses, in the presence of the Testator, and in the presence of each other. Henry Bynum James Corbit Barnard Hill At a Court of Ordinary on 1 Monday in Sept. 1839. On hearing the Testimony of Henry Bynum and John Corbit, witnesses to the above Will: It is ordered, that it be recorded, as the Will of the late John Evans. James C. Lennard, J.I.C. Wm Stallings, JIC D. C. Maund, JIC Codicil to the last Will and Testament of John Evans. It is my will and desire that my negro woman, Sarah, not devised by my will this day made, shall be bequeathed to my wife Sarah Evans, during her life, and at her death to be divided among my sons, in the same manner as the negroes bequeathed by the first clause of my said will; and, I here by confirm all the devises and bequests, in my said Will, not inconsistent with this codicil. In testimony whereof, I have hereunto set my hand and seal this 15th day of June 1839. John Evans [SEAL] Signed, sealed, declared and published before us who have signed the same, in the presence of the testator and of each other. James Corbit Henry Bynum Barnard Hill At a Court of Ordinary, on 1 Monday in Sept. 1839. On hearing the testimony of James Corbit and John Bynum, witness the above codicil, It is ordered by the Court, that it be recorded, as the codicil to the will of the late John Evans. James C. Lennard, J.I.C. Wm Stallings, JIC D. C. Maund, JIC Recorded 22nd March 1841. James Y. Gardner, C.C.C.