Taliaferro County GaArchives Wills.....Mitchell, Thomas A. February 17, 1859 ************************************************ 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 May 17, 2005, 12:23 am Source: Taliaferro Co., Ga Will Record A, Pages 279-282 Written: February 17, 1859 Recorded: November 5, 1861 (Thomas A. Mitchell Will) In the name of God, Amen. I THOMAS A. MITCHELL 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, accounts and other evidences of debts of which I may die possessed that all my just debts should be paid. Item 2nd. I will and bequeath to each of the children of MY DECEASED HALF- SISTER ELIZABETH ALSOP one dollar. Item 3rd. I will and bequeath to MY BROTHER GEORGE W. MITCHELL the house and lot in the Town of Crawfordville known as the Chaffin lot whereon said George W. Mitchell now lives; and the two small lots lying between said Chaffin lot and the lot now occupied by Gernon Tucker. Item 4th. It is my will and desire that all the balance of my property not herein before disposed of both real and personal lands negroes or other effects be sold by my Executors in the manner and form as herein after directed and the proceeds of the sales thereof to be equally divided into eight parts, one of these parts I give to MY BROTHER JOHN G. MITCHELL – one of these parts I give to MY BROTHER HUGH C. MITCHELL – one of these parts I give to MY BROTHER GEORGE W. MITCHELL – one of these parts I give to MY NEPHEW JACOB W. H. MITCHELL in trust for the sole and separate use of MY BROTHER JOSEPH S. MITCHELL for and during his natural life and after his death in further trust to give to his children living at the time of his death and the representatives of his children provided any be dead at the time last aforesaid – said representatives taking by representation and I do hereby empower the said Jacob W. H. Mitchell to invest the whole or any part of said fund in such property subject to the above described trusts as he shall deem most for the interest of said trust estate – one of said parts I give to MY NEPHEW JOHN T. HEARD in trust for the sole and separate use of MY SISTER MATILDA HEARD for and during her natural life free from the marital rights of her present or any future husband, and after her death in further trust to give to her children living at the time of her death and the representatives of her children provided any be dead at the time last aforesaid, representatives taking by representation, - and I do hereby empower the said John T. Heard to invest the whole of any part of said fund in such property subject to the above described trust Estate – One of these parts I give to My Three Brothers John G. Mitchell, Hugh C. Mitchell, and George W. Mitchell in trust for the sole and separate use of MY SISTER ELIZA EVANS, for and during her natural life free from the marital rights of her present or any future husband and after her death in further trust to give to her children living at the time of her death and the representatives of her children provided any be dead at the time last aforesaid, said representatives taking by representation – and I do hereby empower the said John G. Mitchell, Hugh C. Mitchell and George W. Mitchell to invest the whole or any part of said funds in such property subject to the above described trusts as they may deem most for the interest of said trust estate – one of these parts I give to my three brothers John G. Mitchell, Hugh C. Mitchell and George W. Mitchell in trust for the sole and separate use of MY SISTER MARGARETT C. RHODES for and during her natural life free from the marital rights of her present or any future husband and after her death in further trust to give to her children living at the time of her death and the representatives of her children provided any be dead at the time last aforesaid representatives taking by representation – and I do hereby empower the said John G. Mitchell, Hugh C. Mitchell and George W. Mitchell to invest the whole or any part of said fund in such property subject to the above described trusts as they shall deem most for the interest of said trust estate. The other of these parts I give to my three brothers John G. Mitchell, Hugh C. Mitchell, and George W. Mitchell to hold in trust for the joint use of the children of MY DECEASED SISTER SARAH N. FORESTER until either of said children shall come of age or marry and on the happening of either contingency to give said child becoming of age or marrying his distributive share of said fund and to hold the balance of said fund in trust for the joint use of the other children until they shall marry or reach full age – and in case any of said children shall before reaching full age or marrying die, to hold the whole of this bequest in trust for the use of the survivors or survivor until said survivors or survivor shall marry or become of full age. Item 5th. It is my will and desire for my Executors to sell all my Negroes at private sale and that the Negroes be permitted to select or choose their masters. Item 6th. I give my Executors full power to sell my other property both real and personal lands or other effects without an order of Court either at public or private sale as they may think best to accomplish the purposes of this will. Item 7th. Lastly I nominate constitute and appoint my three brothers John G. Mitchell, Hugh C. Mitchell, and George W. Mitchell Executors to this my last will and testament. This February 17th 1859. (The word “part” interlined before executed) /s/ Thomas A. Mitchell [Seal] Signed Sealed declared and published by Thomas A. Mitchell as his last will and testament in our presence as witnesses thereto by his request this February 17th, 1859. Quinea O’Neal Esau Ellington George F. Bristow Georgia Taliaferro County – Court of Ordinary Taliaferro County November Term 1861. The last will and testament of Thomas A. Mitchell deceased was produced in open Court by the Executors in law appointed, and was proven in common form of Law by the corporeal oaths of G. F. Bristow & Esau Ellington two of the subscribing witnesses to the same, to wit, we George F. Bristow & Esau Ellington do solemnly swear that we saw the Testator sign Seal and declare this to be his true last will and testament, that he was of sound disposing mind and memory, that he did it freely without compulsion, and that we signed the same as witnesses in the presence of the testator at his special instance and request, and in the presence of each other and that we saw Quinea O’Neal sign the same as witness in presence of the testator and in their presence. Sworn to and Subscribed in open Court Novr. 4th 1861. George F. Bristow Esau Ellington Attest Quinea O’Neal Ordinary Recorded November 5th 1861. Quinea O’Neal Ordinary State of Georgia, Taliaferro County By the Court of Ordinary for said County. To all to whom these presents shall come – Greeting. Know ye, that on the fourth day of November in the year of our Lord one thousand eight hundred and sixty one the last Will and Testament of Thomas A. Mitchell late of Taliaferro 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, Chattels and Credits of said deceased was granted TO JOHN G. MITCHELL, HUGH C. MITCHELL, & GEORGE W. MITCHELL THE EXECUTORS in and by said will named and appointed, the[y] having first taken the oath, and performed all other requisites required by law, they are by order of said Court and by virtue of these presents legally authorized to administer the Goods, Chattels and Credits of said deceased, according to the tenor and effect of the said Will and Testament, and according to law; and they are hereby required to render a true and perfect inventory of all and singular of Goods, Chattels and Credits of the said deceased, and appraised and returned to this Court according to law, and to render a true and correct account to the said Court of Ordinary of their actings and doings yearly and every year, until their Administration is fully completed. Witness my hand, as Ordinary, and the Seal of the said Court, this fourth day of November eighteen hundred and Sixty One. Quinea O’Neal, Ordinary. Recorded Novr. 5th 1861 Quinea O’Neal Ordinary Additional Comments: Thomas A. Mitchell was born ca. 1795 in Virginia, son of John and Margaret Mitchell. Apparently he died unmarried as he left his entire estate to his brothers and sisters. MITCHELL FAMILY John Mitchell, b. ca. 1770, VA, d. ?, GA. His wife Margaret is listed in the 1850 Greene Co. census as age 70, born VA. Children: 1. Sarah Ann Mitchell, b. ?, d. before 1859. Married 17 Dec. 1840, Greene Co., GA to Jesse M. Forrester. 2. Thomas A. Mitchell, b. ca. 1795, VA, d. ca. 1861. 3. Joseph Mitchell, b. ca. 1798, VA, married Willy Ann (Unknown). 4. Matilda Mitchell, b. 11 July 1800, VA, d. 17 June 1869, Greene Co., GA (buried Bethesda Cemetery, Greene Co.). Married William Heard. 5. John G. Mitchell, b. ca. 1802, VA. Married Angelina (Unknown). 6. Hugh C. Mitchell, b. ca. 1805, VA, d. ca. 1863, Greene Co., GA. Married Harriett (Unknown). 7. Eliza Mitchell, b. ca. 1811, VA, d. after 1870. Married (1) Thomas Overton, (2) 3 Feb. 1852, Taliaferro Co., to John Evans. 8. Margaret Mitchell, b. ca. 1814, VA. Married 17 Dec. 1840, Greene Co., to Wiley Rhodes, son of Benjamin and Celia/Selah Rhodes. 9. George W. Mitchell, b. 4 July 1819, VA, d. 30 Sept. 1875 (buried Crawfordville Baptist Cemetery) Taliaferro Co. Married (1) 14 Dec. 1854, Corintha A. Hardin, daughter of Stephen and Lourana Harden, and (2) 14 June 1868 to Catherine Edwards, daughter of Richard H. & Mary (Gamage) Edwards. (Catherine Edwards was first married to Dr. John H. Trippe, 10 October 1855, Taliaferro Co,) Source: 1. Census records for Greene Co., GA and Taliaferro Co., GA 2. Tombstone Inscriptions 3. Greene Co., GA Marriage Records 4. Taliaferro Co., GA Marriage Book A 5. Historical Southern Families, Vol. XXII - "Overton of Georgia", (Mrs. John Bennett Boddie). 6. Will of Thomas A. Mitchell File at: http://files.usgwarchives.net/ga/taliaferro/wills/mitchell272gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 10.9 Kb