TALIAFERRO COUNTY, GA - Wills Bird, George L. 1858 ***************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm *********************** This file was contributed for use in the USGenWeb Archives by: Shannon Dale Byrd byrdman10@iname.com For more on the Bird Family: "The George Marshall Bird Family: Ancestors, Descendants, & Other Related Families" has a lot of information about the Bird's of Taliaferro County, and is available in both hardback and paperback editions for $50.00 and $30.00, respectively. Order from: byrdman10@iname.com - 26598 Alabama Hwy 71, Flat Rock Alabama, 35966. Last Will and Testament of Dr. George L. Bird- In the name of God, Amen. I George L. Bird of the County of Taliaferro and State of Georgia being of feeble health but of sound mind and disposing memory do make declare and publish this to be my last will and testament hereby revoking all others heretofore made by me. Item 1st. It is my will and desire that out of the money, notes and accounts and other evidences of debts of which I may die possessed, all of my just debts should be first paid. Item 2nd. I will and bequeath to my wife Martha Bird the house and lot whereon I now live and all my house_hold and kitchen furniture on said lot and provisions for one year which bequest is intended in lieu of dower, and if she claims dower I wish the house & lot herein willed her to be sold and divided between my children, share and share alike; I also give and bequeath unto my said wife one fifth part of all my other personal property of every kind and description. Item 3rd. It is my will and desire that all the balance of my property both real and personal be equally divided into four parts - one of these parts I give to my son George Bird - one of these parts I give to my son Buford E. Bird - one of these parts I give to my Brother Philemon Bird in trust for the sole and separate use of my daughter Catharine Bird during her natural life free from the martial rights of any man with whom she may intermarry and after her death in further trust to her children and in case she shall die without leaving issue living at the time of her death and the representatives of my children living at the time of her death provided any be dead at the time last aforesaid, - said representatives taking by representation. - The other of these parts I give to my said Brother Philemon Bird in trust for the sole and separate use of my daughter Mary E. Bird during her natural life free from the martial rights of any man with whom she may intermarry and after her death in further trust to give to her children, and in case she shall die without leaving issue at the time of her death to divide said property among my children living at the time of her death and the representatives of my children provided any be dead at the time last aforesaid - said representatives taking by representation. Item 4th. I give my Executor and Executrix full power to sell all or any of my property both real or personal lands, negroes or other effects without an order of Court either at public or private sale as they may think best to accomplish the purpose of this my will. Item 5th. Lastly I nominate constitute and appoint George F. Bristow the Executor and my wife Martha Bird the Executrix to this my last will and Testament. This October 23rd, 1858 - (The word "my" interlined before signed) Signed Sealed declared and published George L. Bird By George L. Bird as his last will and testament in our presence as witnesses thereto by his request - this October 23rd, 1858. Esau Ellington Charles W. Gee ?.H. Perkins, Test. George H. Downing [X, his mark] Georgia Taliaferro County - Court of Ordinary for said County December Term 1858. The last will and Testament of Dr. George L. Bird was produced in open Court, (by the Executors) and in common form of Law proven by the subscribing witnesses to the same, to-wit, You Esau Ellington, Charles W. Gee & George H. Dowing swear that you saw George L. Bird sign, seal, publish and declare this writing to be and contain his last will and Testament that at the time thereof he was of sound disposing mind and memory, and that he did it freely without compulsion and that you subscribed the same in the presence of each other and of the testator and at his special request - so help you God. - Sworn & Subscribed in open Court, this December 6th, 1858. Attest Quinea O'Neal Ordinary E. Ellington Charles W. Gee Recorded Dec. 7th A.D. 1858 G.H. Downing [X, his mark] Quinea O'Neal Ordinary