Georgia: Walton County: LAST WILL & TESTAMENT OF THOMAS CLEGG 15 November 1879 ==================================================================== 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: Bill Ward ChiefWard@aol.com ==================================================================== Walton Co., Returns Book V, page 112 LAST WILL & TESTAMENT OF THOMAS CLEGG State of Georgia) Walton County ) On the name of God, Amend. I Thomas Clegg of state and county aforesaid, being of advanced age, but of sound and disposing mind and memory knowing by a law of nature that I must shortly depart this life, deem it meek and proper both as respects of my family and myself that I should make a disposition of the property with which a kind and merciful providence has besto me, do therefore make this my last will and testament, hereby revoking and annulling all others heretofore by me made. Item First. I desire and direct that my body, after death, be buried in a decent and christian like manner, suitable to my circumstances and condition in life. My soul I resign humbly and cheerfully to the God of my being, as I hope and trust for salvation through the merits and attonement of my Lord and Savior, Jesus Christ. Item Second. I desire and direct that all my just and honest debts be paid with out delay, by my Executor herein after named as soon as convenient. Item Third. I give, bequeath and devise to my beloved wife, Erin Penelope Clegg, at my death, Six Hundred Dollars in money, to be her own, for her sole and separate use, to be disposed of, either by will or otherwise, as she may direct or desire, the same being bequeathed and devised to my wife, in full, extinguishment of her hole dower in my Real Estate; and that my beloved wife do further receive her bed, bedstead and furniture, trunk chest and wearing apparel, and her cow and increase to be her own property, to be disposed of as she may desire or direct - all of said property in this Item to be my beloved wife's forever. Item Fourth. I desire and direct that the amount of money named in the Third Item above and given and bequeathed to my beloved wife Erin Penelope Clegg, immediately after my death, shall be paid over to my said wife by my Executor, herein after named; and that the same shall be paid as directed before there is any distribution of my Estate, either Personal or Real, and that said sum of six hundred dollars shall be paid out of the first money collected, or cash on hand, or by the sale of personal or real property belonging to my estate, and the other property named in said Third Item be delivered to my said wife at once at my death. Item Fifth I desire and direct my Executor, herein after named, after collecting up the assets of my Estate, and before any distribution, excepting as provided in Item Third, to make the following named children equal to the advances heretofore made to the other children. Those to be made equal as aforesaid are Emily T. Titshaw, Susan A. Norris, William T. Clegg, & Martha Sorrells, all being my daughters and one son, and are to have their advances each made equal to one thousand dollars, before there shall be any distribution to those of my children who have received that amount and should there not be enough of my personnel and real property to make them equal to the following children to wit, Thomas M. Clegg, Edney Allcon, Nancy A. Thomas, Utilsey I. Elder, Susan F. Caudle, all children of Testator, then those of my children who have received advances must refund pro-rator until the above named in the first part of this Item are made equal with them share and share alike; but sho Item Sixth The residue of my property both real and personal wherever and whatever it may be, including my choses in action and of whatever character, after carrying out Items Third and Fifth as above stated, I desire and direct my Executor, hereafter named, to sell after my death and divide share and share alike between all my children herein named. Item Seventh. I hereby constitute and appoint my trustworthy son, Thomas M. Clegg, Executor of this my Last Will and Testament made, sealed, published and declared by me the undersigned Testator in the presence of the three subscribing witnesses, This November 15th, A. D. 1879, to be my will & Testament. Thomas Clegg L. S. Signed, sealed, declared and published by Thomas Clegg, Testator, as his Last Will and Testament, in the presence of us the undersigned, who subscribed our names hereto in the presence of the said Testator, at his special request and instance, and in the presence of each other, being call as witnesses by said Testator, This 15th day of November A. D. 1879. James G. Lawrence Henry T. Colquitt Isaac N. B. Spence M.D. Thomas died 14 May 1882. The following is some of the payments from his estate: Annual Returns book V (1884) Pages 467-468; Voucher 2- Received of Thomas M. Clegg Executor of Thos. Clegg deceased the sum of twenty two dollars & 65cts, part of my legacy as legated under said will of Thos Clegg deceased, this makes me forty two dollar 65cts over the thousand dollars July 16, 1883. S I Farr T E Pharr signed by mark Voucher 3-Received of Thomas M. Clegg Executor of Thos Clegg deceased the sum of one hundred sixty dollars in part of my legacy under the will of said deceased. Jul 4th 1884. Thos. M. Clegg Voucher 4- Received of Thomas M. Clegg Executor of Thos Clegg deceased, the sum of sixty nine dollars 12 cts, part of my legacy as legatee under the said will of Thos Clegg deceased, this make me up to one thousand dollars November 1, 1883. Martha T. Darby James T L Darby signed by mark Voucher 5- Received of Thomas M. Clegg Executor of Thos Clegg deceased the sum of forty dollars part of my legacy as legatee under said will of Thos Clegg deceased. This make me forty dollars over the one thousand November 23, 1883 Martha T/F Darby James T L Darby signed by mark Voucher 6- Received of Thomas M. Clegg Executor of Thos Clegg deceased the sum of five hundred and fifty five dollars, part of my legacy as legatee under said will of Thos Clegg deceased. This makes me up to one thousand dollars this December 6th, 1883. Susan A. Norris Alex Norris The State of Mississippi ) Octibbeha County ) Personally appeared before me W. B. Douglas a Justice of the Peace for said county and State , Susan A. Norris and Alex Norris who signed the above receipt in my presence on the 24th day of December A.D 1883,. Given under my hand and seal the 17 day of December A. D. 1883 W. B. Douglas J. P. The above returned was filed in Walton County court on July 2, 1884. Annual returns book W, pages 65 - 67: Voucher 2- Received of Thomas M. Clegg Exec Thomas Clegg deceased, the sum of ten dollars a part of my legacy as legatee of Thomas Clegg deceased of said estate, this is over the thousand dollars January 5, 1885 Attest: J. W. Wigginton J. P Emeline D. McDonald in Cleburne County, Ala W. R. McDonald signed by mark Voucher 3- Received of Thomas M. Clegg as Executor of Thomas Clegg deceased the sum of two hundred dollars a part of my legacy as legalee of Thomas Clegg deceased of said estate. This is over the thousand dollars March 20, 1885. S. A. Norris Alex Norris State of Mississippi) County of Oclibbeha ) Personally came before me S. M. Cummings a Justice of the Peace for said county & State aforesaid S. S. Norris and Alex Norris who being duly sworn desposeth and says that the voucher and foregoing affidavit is true and correct. Witness my hand and seal this 29th day of March A. D. 1885. J. M. Cummings J. P. Voucher 4- Received of Thomas M. Clegg Exec of Thomas Clegg deceased the sum of ten dollars a part of my legacy as legatee of Thomas Clegg deceased of said estate, this is over the thousand dollars March 9, 1885 M. B. Sorrells Voucher 5- Received of Thomas M Clegg, Exec of Thomas Clegg deceased the sum of ten dollars a part of my legacy as legalee of Thomas Clegg deceased, this is over the thousand dollars. Feb 14, 1885 M. F. Darby for T S. Darby signed by mark Voucher 6- Received of Thomas M. Clegg, Exec of Thomas Clegg deceased the sum of ten dollars a part of my legacy as legalee of Thomas Clegg deceased of said estate. This is over the one thousand dollars January 5, 1885 H. A. Clegg Voucher 7- Received of Thomas M. Clegg, Exec of Thomas Clegg deceased the sum of forty dollars a part of my legacy as legalee of Thomas Clegg deceased of said estate, this is over the thousand dollars. March 13, 1885 test: Sallie L. Clegg Nancy A. Thomas signed by mark Voucher 8, Thomas M. Clegg received forty dollars. This was over the thousand dollars.Jan 2, 1885 Voucher 9- Thomas M. Clegg received forty dollars as guardian of Emily Titshaw . This was over the thousand dollars. Jan 2, 1885 Voucher 10-Utincy J. Elder and D. L. Elder received forty dollars. This was over the thousand dollars March 13, 1885 Voucher 11- Knoxville, Johnson Co., Arkansas. Received Fifty dollars which was over the thousand. witness to mark: M. A. L. Clegg A. J. Boyd J. M. Clegg Voucher 12- Susan Pharr and T. E. Pharr received ten dollars which was over the thousand dollars. May 7, 1885 Voucher 13- Thomas P. Clegg by his mark received ten dollars which was over the thousand dollars. Jan 1, 1885. Witnessed by S. L. Clegg Vouchers 14 - 16 were payments for services rendered by others. Filed with the Walton county court on Jun 4th, 1885 Annual returns book W, pages 193 - 195 Payments as follows: Nov 7, 1885 fifty dollars to M. B. Sorrells as guardian to Vessie Cordel. May 31, 1886 Two hundred forty four dollar & 56 cts as full share of estate for minor children of James P. and Frances Caudle. Received by J. M Allcorn, Guardian. Jan 30, 1886. eleven dollars and 14 cts as full balance of estate paid to M. B. Sorrells as her share. Jan 30, 1886 Eleven dollars and 14cts to M. B. Sorrells as full balance of Vessy Caudle. Jan 30, 1886 Eleven dollars and 14cts as full balance of estate. Emeline D. McDonald and W. R. McDonald. Jan 30, 1886. Eleven dollars and 14cts as full balance of estate Susan J. Pharr and T E. Pharr. Jan 30, 1886. Eleven dollars and 14 cts as full balance of estate T. P. Clegg Jan 30 1886. Eleven dollars and 14 cts as full balance of estate H. A. Clegg Jan 30, 1886 Eleven dollars and 14 cts as full balance of estate Martha Darby Jan 30, 1886 Eleven dollars and 14 cts as full balance of estate Mildred A. L. Clegg & J. M. Clegg attested by Justice of the peace in Johnson County, Arkansas. Jan 30, 1886. forty four and 56 cts as full balance of estate./ Thomas m. Clegg Jan 30, 1886. Forty four dollars and 56 cts as full balance of estate Thomas M. Clegg guardian of Emily Titchaw Jan 30, 1886. Forty four dollars and 56 cts as full balance of estate. Nancy A. thomas Tested by Sallie L. Clegg Jan 30, 1886 Forty four dollar and 56 cts as full balance of estate. G. W. Allcorn Jan 30, 1886 Forty four dollars and 56 cts as full balance of estate. Utinsey J Elder and D. L. Elder. Test: J. J. Clegg Jan 30, 1886 Forty four dollars and 56 cts as full balance of estate. S. C. Norris and Alex Norris. Tested by Justice of the piece in Miss on 10 Mar 1886. Filed in Walton County court on 31st day of May 1886. Submitted by. Bill Ward Covington, GA