Talbot-Marion-Schley County GaArchives Wills.....Smith, Eliza July 8, 1846 ************************************************ 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: angela covington aangel4ken@alltel.net November 17, 2006, 12:06 pm Source: Will Book A, Marion County Ga Written: July 8, 1846 Recorded: January 11, 1847 Page 5 Marion Court of Ordinary May Term 1847 It appearing upon the application of Robert Burton & Benjamin Burton Executors of Eliza Smith late of Talbot County deceased and they are decisions of removing the returns upon said will of this court. Therefore Ordered by the Court said proceeding be returned to this court & exemplification and that the said be recorded in this Court of Ordinary same the county of Talbot. State of Georgia Talbot County In the name of God, Amen. I Eliza Smith of county and state aforesaid, being of weak bodily health, but of sound and disposing mind and memory knowing the uncertainty of life and the certainty of death do make, ordain, publish and declare this writing to be my last will and testament hereby revoking and annulling all others by me herefore made. Item 1st I commend my immortal soul to God makes in humble reliance of Christ my Savior and will & devise that my body be decently interned. Item 2nd To my son Robert Burton, having given him a portion heretofore I give and bequeath a certain negro man named Sunday and a negro girl named Martha. Item 3rd To Homer Burton son of Robert Burton I give and bequeath a negro girl named Matilda. Item 4th All the balance of my property of every description land, negroes, stock, utenceals, furniture, bedding and everything I possess I give bequeath and devise to my son Benjamin Burton after the payment of my debts and give unto him notes now held by me. Item 5th Should my son Benjamin Burton die without children it is my will and I do hereby in the event of the death of my son Benjamin Burton, without children, I give bequeath and devise all of my property of every description which shall be found remaining at the death of my son Benjamin together with all the increase that may arise therefrom to my son Robert Burton to him and his heirs forever in fee simple. Item 6th I do hereby appoint and constitute my sons Robert Burton and Benjamin Burton my Executors of this my last will and testament. In testimony of all of which I have hereunto set my hand and seal this eighth day of (continued) Page 6 July in the year of our Lord Eighteen hundred and forty six. Signed sealed published and delivered in presents of Charles H. Stilwell William Ragland A G Perryman Eliza Smith (LS) Georgia Talbot County Personally appeared before us Thomas W. Bledsoe and Zachariah B Price Justices of the Inferior Court of said county William Ragland and A G Perryman who being dully sworn deposed and saith that they saw Eliza Smith the testa?? Sign seal publish and declare the above and foregoing to be her last will and testament and that they signed the same as witnesses in her presents and in the presence of each other that said Testasir was at that time of signing of sound and disposing mind and memory and sign the same without compulsion sworn to and subscribed before us Jany 11th 1847 F W Beldsoe, J I C Z B Price, J I C William Ragland A G Perryman Georgia Talbot County Court of Ordinary January Term 1847 It appeasing to the court that the above and foregoing Last Will and Testament of Eliza Smith has been duly sworn before Thomas W Bledsoe and Z B Price Justices of the Court under oaths of A G Perryman and William Ragland subscribing witnesses to said will Ordered this regular Term that the same be admitted to record Z B Price JIC T W Bledsoe JIC J C Leonard JIC Countersigned Chas H Stillwell CCO Georgia Talbot County I Robert Burton do solemnly swear that this writing contains the true Last Will and Testament of Eliza Smith deceased so far as I know or believe and that I will well and truly execute the same by paying first the debts and then the legacies so far set forth as her goods and chattels will Execute and the law charges me and that I will make a true and perfect inventory of all such goods and chattels so help me God. Sworn to and subscribed in open court Jany 11th 1847 Robert Burton Chas H Stillwell CCO Georgia Talbot County Court of Ordinary January Term 1847 (continued) Page 7 It appeasing to the court that Robert E Burton Executor of Eliza Smith deceased is deserous to remove the business f executing said deceased will to the county of Marion in this State Be it ordered that he be permitted to do so and the clerk furnish him with a necessary Exemplification from this office. Georgia Talbot county I Charles H Stillwell Clerk of the Court of Ordinary of said county do hereby certify the above and foregoing two pages contains a correct copy (examined) of the will of Eliza Smith deceased together with the Probate Order to record and Executors oath and order to remove Executor of Will all of record in my office. Given under my hand and private seal this being no seal of office. This the 13th day of January 1847 Chas H Stillwell, VVO (LS) (Transcribed from the minutes of the Ordinary pages 40, 41, &42 by order of the Court of Ordinary of Marion County Georgia This May 10th 1850 William Williams CCO) File at: http://files.usgwarchives.net/ga/talbot/wills/smith687wl.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 5.7 Kb