Taliaferro County GaArchives Wills.....Cary, Elphinston 1821
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File contributed for use in USGenWeb Archives by:
Jim Carey generalmanager@econelec.com November 29, 2004, 5:29 pm

Source: Page 111 Warren Co Will Book
Written: 1821

January 8, 1821 Last Will and Testament of Elphinston Cary. Warren County 
Georgia (now Taliaferro County)

 

Page 111, State of Georgia, Warren County

 

In the name of God Amen. 

I Elphinston Cary of the State & County of aforesaid, being in sound & good 
health & well knowing that it is appointed unto man (?) to die, do make and 
ordain this my last Will and Testament. 

I will my soul to God my creator, trusting in the mercy of the merciful 
redeemer, that I will be received into the state of never ending happiness & my 
body I give to the earth to be buried in such Christian like manner as to my 
Executors here after named shall deem most proper, and touching on such worldly 
goods where with it hath pleased God to bless me, I will and dispose thereof in 
the manner and form following (to wit)  

 

Herein I give to my loving wife Elizabeth Cary for & during her natural life my 
dwelling, plantation, the land I purchased of Samuel Flemming together with 
that stock of every kind, household and kitchen furniture, plantation utensils, 
working tools, of every description all the Negroes to have & to hold the same 
for & to her own proper use & profit during her natural life- Herein I give & 
bequeath unto my-

(Page 112)

- loving wife Elizabeth Cary & her heirs for ever the following negroes (to 
wit) Duran, Menda & Martha daughter of Dinar the crop of every kind wither in 
the house or the fields all the money in hand Book notes as open accounts. 

 

Herein - On the death of my wife I give & bequeath unto James Cary's wife Nancy 
& her heirs for ever a Negro girl Gina, daughter of Mima.  Herein on the death 
of my wife I give & bequeath unto Elisha Cary's children all the lands wherein 
my wife has her life estate together with the negroes not otherwise dispose of 
or at her death to be disposed of & should there be any part of my estate not 
embraced or expensed by these presents. I hereby subject the same to my wife’s 
life & to pass at her death to the lawful heirs of Elisha Cary Subjecting the 
same never the less to the payment of my just debts. 

 

Herein  On the Death of my wife Elizabeth Cary I give & device unto Henry B. 
Thomson's Son George H. Thomson & his heirs for ever my Negro boy Jim better 
known by the Name of Rile.  Herein On the death of my wife I give & devise unto 
Henry B. Thomson's Son Joseph Benjamin Lancaster Thomson and his heirs for ever 
my Negro boy Mingo

 

(Page 113)

Herein on the Death of my Wife I give & devise unto Henry B Thomson’s daughter 
Nancy Ann Thomson & her heirs for ever My Negro boy Menda

I hereby appoint my Loving Wife & Henry B Thomson executors of this my Last 
Will & Testament revoking and making said all & every other Will or Wills by me 
made, published or declared, In testimony where of I have here unto set my hand 
& affixed my Seal this 8th day of January 1821

Elphinston Cary (seal)

Signed & sealed published & declared in presence of 

M Alexander

Andren Miller

Robert Grier

 

Declaration of will

Georgia Warren County March term of the Inferior Court Sitting for Ordinary 
purposes

Personally appeared in Open Court & being duly sworn as follows.  I Robert 
Grier being duly sworn do solemnly swear that I saw Elphinston Cary decd. the 
testator to the within named Sign Seal publish pronounce & declare this 
instrument of writing to be his last will and testament and at the time of his 
so doing he was (in my opinion) of sound & disposing mind & memory & that I saw 
Moses Alexander & Andren Miller the other subscribing witnesses sign their 
names thereto and at the request of the testator we all became witnesses 
thereto- So help me God. 

 

Sworn to in Open Court 

This 7th day of March 1825         Robert Grier (signature)

 

Attest; L. Franklin (signature) Clk. C. O. W. C.

Recorded 15th March 1825

 


Additional Comments:
The will was made in Warren County, but that part of Williams Creek is now in 
Taliaferro County.


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