UPSON COUNTY GA Wills - Jacob King File contributed for use in USGenWeb Archives by Carolyn L. Harper Johnson Clhjohnson@aol.com http://files.usgwarchives.net/ga/upson/wills/king.txt ======================================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Carolyn L. Harper Johnson Clhjohnson@aol.com =============================================================================== State of Georgia, Upson County I, Jacob King, of the state & county aforesaid being feeble in body but of sound & disposing mind & memory do make, ordain & declare my last will & testament as follows, to wit. Item 1. I give & bequeath to my beloved wife Maliton King during her life in widowhood, all my estate real & personal in said County of Upson, confiring on her the absolute & unrestrained control of the same, with the right & privilege to use & appropriate at her discretion all the nett annual proceeds of my farm after paying all my just debts & providing competent support & maintenance for the family. And I desire & direct that no appraisment or inventory of my estate be taken during the life or widowhood of my said wife. And I give & bequeath to my said wife my negro woman Mary Jane & her future increase unreservedly in fee simple. And I should say said wife desire at any time to change her residence, I hereby convey to her the right to sell my land & purchase another place or to sell a part of the same at her discretion, if she ____ find it necessary in order to pay my debts. And I also give my said wife all my household & kitchen furniture absolutely & unreservedly. Item 2nd I give and bequeath to my nephew Jacob S. King my negro woman Martha & her four children viz Preslain a boy, Alice a girl, Lewis a boy, & Aurilla an infant & their future increase to be pofsefsed by him at the time of a final distribution of my estate or at such other time as I shall hereinafter indicate according to contingincies. And I also give to my said nephew Jacob S. my lot of land in formerly Baker now Mitchell County. Item 3rd I give & bequeath to my niece Louisa H. M. King in remainder my negro woman Adny & her future increase, my negro boys Henry, John & George & Bartow & my negro girl Patsey & her future increase. Item 4th In case my wife should die or marry before my niece Louisa H. M. shall arrive at the age of twenty one years, or be married, I desire that my estate except the negroes given to my nephew Jacob S. King in the second item of this my will be kept together if practicable until my said niece Louisa H. M. shall be married or arrive at the age of twenty one years. Item 5th Should my nephew Jacob S. or my niece Louisa H. M. die leaving no child or children, then in that case it is my will & desire that the property herein bequeathed to them or either of them shall go to and be equally divided between their brothers & sister as the case may be. Item 6th After the death or marriage of my said wife provided my said niece shall then be married or of lawful age, if not whenever she shall after the death or marriage of my wife arrive at such age or be married, then it is my will & desire that all my estate in remainder, not herein specifically disposed of be sold & the proceeds be divided as follows Viz Five Hundred Dollars to the children of my sister Keziah Newby, five hundred dollars to the children of my sister Rebecca Daniel & the balance whatever it may be, to the children of my brother Butler B. King and in making the sale above named I desire & direct that my executor sell my negro men Burton & Marlin at private sale and I request that he endeavor to procure for them humane masters. I hereby nominate & appoint my nephews William P. King, Jacob S. King & Augustus J. King as executors of this my last will & testament whenever according to the provisions hereof the time shall arrive for the execution of the same. In testimony whereof I have hereunto set my hand & seal this 3rd day of July in the year of our Lord 1862. Jacob King Recorded the 3 Aug 1863 Wm. A. Cobb Clk C.O. Signed sealed published & declared in presence of by the subscribing witnefses who have hereunto signed our names as witnefses at the special request & in presence of the testator & of each other this day & year above written. Charles N. Collier Anderson Worthy Eustace H. Reeves The Codicil recorded on the next page Ought to come in here, and is to be Read & copied when a copy is required Before the certificate below Ordinary Georgia, Upson County. Court of Ordinary, August Term 1863 The foregoing instrument having been propounded for probate as the will of Rev’d Jacob King, late of said County, dec’d. by Jacob S. King one of the exer. Of therein named & appointed and the same having been duly proved in Common form of law by Charles N. Collier, Anderson Worthy, Eustace H. Reeves & Dennis Shepherd witnefses thereto. It is therefore ordered that said two instruments be accepted, ____ & held together as the last will & testament of said Jacob King deceased and that Letters Testamentary under the same do now issue to said Jacob S. King ____ of the executors therein named he being first sworn as the law requires. August 3, 1863 Georgia, Upson County Whereas, I Jacob King, did on the 3rd day of July 1862 sign, seal, declare & publish the foregoing as my last will & testament in presence of Charles N. Collier, Anderson Worthy & Eustace H. Reeves & being desirous of changing & qualifying some of the provisions of said will & testament. I do therefore make following codicil to said will & testament. First, As to the property given to my nephew, Jacob S. King in the second item of said will, it is my intention & I hereby declare it to be my will & intention to give said property to my said nephew only as a life estate not to be ____ in any manner to ____ sale for his debts & liabilities & at his death to go to his children provided he should leave any, but in case he should die leaving no child or children, then to go as directed in the fifth item of said will. Second, It is my will and intention in making the said foregoing will to revoke all ____. I do hereby revoke & annul all other will made by me prior to the said 3rd of July 1862. Third, In addition to the bequests to the said nephew Jacob S. King I give & bequest to him my negro man, Buck an idiot under the same provisions & restrictions as the other property bequeathed to him by me and I hereby enjoin it upon & solemnly bequest of the said Jacob S. King that the said negro Buck be ____ & ____ care as humanely with due regard to his idiotic condition. In testimony hereof I hereunto set my hand & seal this fifth day of August Eighteen hundred & sixty two. His Jacob X King Mark Signed sealed declared & published by Jacob King as his codicil to his last will & testament in presence of us the subscribing, who have subscribed the same as witnefses in presence of the testator at his special instance & request & in presence of each other this day & date above written. Joel Mathews Eustace H. Reeves Dennis Shepherd