Upson  COUNTY  GA  Will  Stephen Duke


File contributed for use in USGenWeb Archives by Joe Lineberger <jline@alltel.net>

http://files.usgwarchives.net/ga/upson/wills/duke.txt

WILL OF STEPHEN DUKE

State of Georgia		)  In the name of God, Amen.
Upson County		) I Stephen Duke of the County of Upson of State of Georgia, in view of the uncertainty 
of life and the certainty of death do make & ordain this my last Will and Testament.  Chiefly, I commend my 
soul to the mercy of Him who gave it & my body to the earth in decent burial; and my worldly substance I make 
the following disposition.

Item - My will & desire is that all my property of every kind, consisting chiefly in ten Negroes, the settlement on 
land whereon I now reside about two hundred & fifty & one half acres, two horses, Gray mare, black mare mule, 
my stock of cattle, hogs & sheep, my present crop & my household & kitchen furniture with some few debts 
should be sold on a credit of twelve months by my executor, he requiring good and sufficient security.

Item - After my Estate is reduced to money I will all my just debts paid.

Item - When my just debts are all paid I wish the balance of the proceeds of the sale of my property divided into 
five equal parts; One fifth I hereby give to my wife Sarah Duke; one fifth I give to the children of 
Joseph Duke of 
the County of Upson; One fifth I give to the children of Moses Duke of the County of Harris; One fifth I give to 
the children of Delila Hickman of the County of Upson and the other one fifth I give to the children now living 
of Anna & John Cannifax, the said Anna being dead & the said John residing in the State of Alabama.

Item - I hereby give all & singular all the rights, titles, & interests that I may have in & to any & every other 
species of  property not  herein named to the said Sarah Duke, the children of the said.Joseph Duke, the children 
of the said Moses Duke, the children of said Delila Hickman & the children of said Anna & John Cannifax, & to 
be divided in the same way as my other property.

Item - I have already given to my four children Joel Duke & Thomas Duke, who I understand lives in Alabama, 
and Green Duke & Peggy Duke of the State of Georgia, as much  as I wish then to have of my property.

Item - I hereby nominate & appoint James Anderson, Sarah Duke and Obadiah C. Gibson Executors of this my 
last Will & Testament.
In testimony whereof I the said Stephen Duke have hereunto set my hand & seal this 15th day of October 1844.
Signed sealed & published  in presence of us, we signing in the presence of each other & the testator as 
witnesses.

James W. Hightower 						Stephen Duke  (LS}
Thomas Anderson				 	Recorded this 4 March 1845
John W. Boyton
								 Wm.  A.  Cobb, C1k
				"See over"

We the Special Jury find against the Caveator & in favor of the Will of Stephen Duke and that it be admitted to 
record in the Court of Ordinary of Upson County.
Feby 11th 1845.                       					James Speir  foreman.

Whereupon it is considered & adjudged by the Court that the Will of Stephen Duke be admitted to Record that 
in the Court of Ordinary of Upson County, And that the and that the Executors James Anderson  & Obadiah C. 
Gibson do recover of the Caveator John E. Duke ----- for the costs of suit in this behalf laid out & expended & 
the Caveator in Mercy fe - Feby 15th 1845

Recorded this 4 March 1845					Gibson & Cary
Wm. A. Cobb, Clk.						Attys for Executors.



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