Upson County Georgia Will of Benjamin Adams File contributed for use in USGenWeb Archives by Barbara Walker Winge Table of Contents page: http://www.usgwarchives.net/ga/upson.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm KNOW ALL MEN BY THESE PRESENTS, that I, Benjamin Adams, of the County and State aforesaid, being in a low state of health, but of sound mind and memory, do make this my last will and testament. 1. I give my soul to Almighty God and my body to mother dust and to be buried in a decent manner. 2. For the love and affection I bear towards my beloved wife, Emily Adams, I do bequeath and give unto her the following named property, to wit. All my land lying in and on the west side of Potato Creek in said county and state aforesaid, know by lots number one hundred and sixty-nine '169' and one hundred and sixty '160' and part of lot one hundred and sixty-one, '161' and five acres of lot one hundred and ninety-four, '194' all in the sixteenth, '16' dist. of originally Houson, now Upson County; also the following named negroes, Pick, a man about thirty-one years of age; Viny, and her child, Peter; Frances and her child, Nelly; Martha, a girl; Syntha, a girl; John, a boy; Jesse, a boy; Warren, a boy; and Matilda, a girl; also four mules and one gray horse, one road wagon and gear, one buggy and harness, together with all my plantation tools; also all my household and kitchen furniture of every description whatsoever; all my net cattle, sheep, hogs and geese and my crop of corn and fodder. If the property that I have designated to pay my debts is not sufficient to discharge them for her, the said Emily Adams, is to sell such of the property that I have given to her, the said Emily thinks best, or she chooses to sell to make up the deficiency, if any, and for the said Emily to keep the aforementioned property after paying my just debts together during her natural life and the increase if any for the purpose of supporting and raising and educating the minor children and if she, the said Emily, should depart this life before the youngest child becomes of the age of twenty-one, then the said property is to be sold and two thousand dollars of the proceeds is set apart for the raising and education of the minor children, and when the youngest child shall become of twenty-one years of age, the balance is to be divided among my children so as to make them equal in the division of my Estate, all to be counted against those that have received anything from my estate according to the amount received by each one so as to make them all equal at a final settlement of my Estate, and for my wife Emily to pay to each one of my children that has not received the sum of two hundred and fifty dollars as they become twenty-one years of age, the sum of two hundred and fifty dollars and no more until a final settlement of my Estate; and the following named property is set apart for the payment of my debts, and to aid my wife Emily to settle with my children to soms designated for each, to wit: Kin, a man; Lucy, a woman; Phillis, a girl; Eve, a girl; and Henry, a boy; and part of lot of land lying on the East side of Potato Creek, known by number one hundred and sixty-one, '161' to be rented one year and then to be sold and my land lying in Ware County and Telfair County, number no recollection but the deed will show, and one forty acre lot in the Cherokee County and I appoint my beloved wife Emily Adams, executrix, and my son, Benjamin F. Adams and Francis McKenney, my son-in-law executors to this my last will and testament. IN WITNESS WHEREOF I, Benjamin Adams, hath hereunto set my hand and affixed my seal, this the 3rd day of November, A. D. 1852. Benjamin Adams, L.S. Signed and Sealed in the presence of: Milton B. Rose James M. Hicks David Dawson GEORGIA, UPSON COUNTY Court of Ordinary June Term, 1863 The aforegoing will of Benjamin Adams, late of said County, Deceased, having been propounded for Probate at this regular term and in open court by Francis M. McKenny, one of the Executors, therein named, and the same having been duly proved in common form of law by David Dawson, one of the witnesses thereto: It is therefore ordered by the Court that said Will be accepted and recorded as the true last will and testament of said Benjamin Adams, deceased, and that Letters Testamentary under the same do issue to said Francis M. McKenney, the executrix being named in said will being dead, and the executor Benjamin F. Adams, residing beyond the limits of this state. June 1, 1863 Wm. A. Cobb, Ordinary Recorded this 1 June 1863 Wm. A. Cobb, Clk, C.O. [Benjamin Adams, b. 16 Feb 1803; married Emily Ivey 18 Dec 1823; d. 26 Mar 1863] Contributed by Barbara Walker Winge Additional information by Lisa Graham Petition of Francis M. McKenney to prove Will of Benjamin Adams, Deceased. Entered on Minutes, Court of Ordinary June term 1863 Georgia, Upson County To the Honorable Court of Ordinary of Said County The petition of Francis McKenney respectfully sheweth; that, heretofore, to wit, on the 3rd Day of November 1852, Benjamin Adams of Said County being in life, signed sealed & published an instrument in writing as his Last Will & Testament in the presence of Milton B. Rope, James M. Nicks, & Davis Dawson, who subscribed the same as witnesses, that afterwards, to wit, on or above the 25th March said Benjamin Adams Departed this life. And your petitioner for this shows that he is one of the executors nominated in said instrument, that he is a Citizen of the Confederate, residing in the County of Talbot in said State and of lawful age. Wherefore your petitioner carry it now into Court & Propounds said instrument for probate & record, and prays that he may be sworn in terms of the law, and that Letters of Administration may be granted to him in the premises. Respectfully Submitted Francis M. McKenney June 1st 1843 Upson Court of Ordinary June Term 1863 The instrument & Propounded for probate, this foregoing petition, as the Will of the said Benjamin Adams deceased, having been duly proved in open Court, by the Oath of Davis Dawson, one of the witnesses thereto: and it being made to appear to the Court that Emily Adams nominated Executrix in said Instrument departed life before this testator and that Benjamin F. Adams nominated Executor therein remedy by and the limits of this state. It is therefore ordered that said Instrument be accepted & recorded as the live last Will & testament of said deceased, & that Letters testamentary under this same di issue to the petitioner, Francis M. McKenney upon his being sworn as the law Requires June 1, 1863 William A. Cobb, Ordinary ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============