Taliaferro County GaArchives Wills.....Chivers, James September 27, 1826 ************************************************ 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: Rhoda Taylor Fone http://www.genrecords.net/emailregistry/vols/00012.html#0002953 September 2, 2007, 5:38 pm Source: Taliaferro Co., Ga Will Book A, Pages 34-36 Written: September 27, 1826 Recorded: September 6, 1827 Wills 1826-1922, Georgia Court of Ordinary (Taliaferro County) LDS Film No. 220541 Transcribed by Rhoda Taylor Fone James Chivers (Will) Georgia, Taliaferro County In the name of God Amen. Know all men that I James Chivers of the state and county aforesaid, being advanced in life, reduced by sickness and knowing the end of all human destiny, but being in perfect mind and memory do make this my last will and testament as follows (viz) Item 1st – I give and bequeath to my beloved Daughter Eliza May Bruce Chivers five negroes (viz) Isabel and her oldest child Amanda, Reuben, Antonett and Marinda, one bay horse by the name of Buck formerly called hers, two cows and calves one feather bed and furniture together with all the furniture of every description known as hers – Item 2nd – I give and bequeath to my beloved wife Salley E. Chivers, all the residue of my property both real and personal after the condition herein after mentioned. That she keeps together my children not heretofore provided for namely Cordelia Ann Chivers, Sarah H. J. Chivers, James Thomas Chivers, Joel Josiah Robert Chivers and William Richard Francis Chivers. Also the child or children which may be born of my wife Sally E. Chivers, within the ordinary time after my death. Item 3rd – I give and bequeath to Frances E. Daniel daughter of the wife of William S. Morgan of Putnam County of State aforesaid two negroes now in the occupancy of the said William S. Morgan (viz) one negro boy by the name of Lawson, also one other negro boy by the name of Aaron. The said William Morgan to have the use of the said negroes during the natural life of his wife, and if the said William S. Morgan should depart this life before his wife then the title of the said negroes to be vested in his widow Nancy E. Morgan her life time, at her death fall as before bequeathed to Frances E. Daniel, and if the said Frances E. Daniel should depart this life without lawfull issue, the said negroes Lawson and Aaron shall then fall back to my estate and be equally divided among my lawfull children. I also wish one hundred and fifty acres of land, a small tract that adjoins the one I now live on known by the brown tract, adjoining James Farmer and Hezekiah Ellington to be sold in such way as my Executor may think most advisable and also the one half or interest in the Sandy Cross tract containing two hundred and twenty three acres to be sold with the exception of two acres around my black smith’s shop for its use, if the sale of the land before named and my present crop of cotton together with the fifteen bales of last years crop now in Augusta shall not be sufficient to satisfy the lawful demands against, my Executors shall raise a sufficency in any way they may think most advisable after collecting the debts due me. The property left to my wife during her natural life or widowhood, I enjoin it on my Executors to attend to my affairs and see that my wife and children left with her well provided for and that they see that my children be liberally educated and bought in [ ?], particularly the boys, and particularly attend that they do not associate with the rabble of the world, particularly restraining them from grog shops chicken peck and immorality of all and every kind as far as in their power. My daughters be educated as near equal as possible with Eliza, and when they become of age or intermarry they shall be apportioned of the same valuation of property as Eliza, out of the Estate in the hands of my wife, Executors and I would wish them to understand that my meaning is for them to have as near as possible the same quantity as Eliza, not taking into consideration the changes of times. – Provided my wife should [inter?] marry, lot her off a childs part and take the remainder into their own possession, - my children who are under age or unmarried should stay with my wife provided my Executors may think proper to do so – The residue of my property or estate if any after lotting off for all the children and wife the same amount of property or equally divided among the children. It is further my wish that my boys be liberally educated in the rudiments of the English Language &c. and at the time of their becoming of age or previous if my executors think proper to place them to some profession if they or any of them my sons should have a wish to do so - I do hereby appoint and constitute Robert Chivers and James D. Gresham my lawfull Executors to this my last will and testament. September 22nd 1826 /s/ James Chivers (L. S.) Test Daniel Owen Zelotes Adams Francis Wilkerson Personally came into open Court Daniel Owens and Zelotes Adams and being sworn say that they signed and also saw Francis Wilkerson sign the foregoing within instrument as the will and testament of James Chivers, who signed sealed and published the same in their presence and the best of their knowledge and belief he was of sound and disposing mind and memory. David Owens Zelotes Adams Sworn to before me this 3rd day of September 1827. /s/ Henry Perkins, C. C. O. State of Georgia Taliaferro County By the Court of Ordinary for said County. On the third day of September 1827 while sitting for Ordinary purposes Robert Chivers and James D. Gresham was duly qualified as Executors to the last will and testament of James Chivers late of said County deceased, in open Court, the will and proceedings ordered to be recorded. Attest Henry Perkins C.C.O. Last will and testament of James Chivers late of said County deceased. Georgia Taliaferro County Registers office duly recorded in Book AB[?] of Wills pages 34&35 September 6th day 1827 Attest Henry Perkins C.C.O. Georgia Taliaferro County By the Court of Ordinary for said County. To whom these presents shall come greeting: Know you that on the third day of September in the year of our Lord One thousand eight hundred and twenty seven the last will and testament of James Chivers late of said County deceased was exhibited in open Court, and in common form of law, proved and admitted to record, a copy of which is hereunto annexed and administration of all and singular the goods, chattles, and credits of said deceased, was granted to Robert Chivers and James D. Gresham the Executors in and by said will named and appointed they having first taken the Oath, and performed all other requisites required by law, they is, by order of said Court and by virtue of these presents, legally authorized to administer the goods, chattles, & credits of the said deceased, according to the tenor and effect of the said will and testament, and according to law. And they is hereby required to render a true and perfect inventory of all and singular the goods chattles and credits of said deceased, and appraise and return to this court according to law and render a true and correct account to the said Court of their actings and doings yearly, until this administration is fully completed by his Executors. Witness the honorable Henry B. Thompson, one of the Judges of the said Court of Ordinary this the third day of September 1827. /s/ Henry Perkins C.C.O. Additional Comments: ===================== James Chivers died about 1827 in Taliaferro Co., GA, son of Thomas Chivers (d. 1810, Wilkes Co., GA). He married Sarah Ellington, daughter of Josiah Ellington, Sr. of Wilkes Co. (Sources: Will and estate records of Thomas Chivers, Wilkes Co., GA) The will of Josiah Ellington names “dau Sarah wife of James Chivers.”) File at: http://files.usgwarchives.net/ga/taliaferro/wills/chivers63nwl.txt This file has been created by a form at http://www.genrecords.net/gafiles/ File size: 8.3 Kb