Walton-Whitfield County GaArchives Wills.....John Malcom October 4 1862 ************************************************ 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: Diane Stark Sanfilippo dianessanfilippo@earthlink.net January 24, 2003, 5:57 am Written: October 4 1862 Recorded: December 16 1864 The following is the interpretation by Diane Stark Sanfilippo of the last will and testament of John Malcom, Walton County, Georgia dated 4th day of October 1862 - probated December 16, 1864. Georgia In the name of God Walton County Amen I John Malcom Senior Of the County and state aforesaid being of sound and disposing mind and memory do make and ordain this my last Will and Testament as follows. I commit my body to the dust to be buried in a decent and Christian like manner, and my soul to God hoping for mercy through Jesus Christ. Item 1st I wish all my ? To be paid without unnecessary delay. And whereas I have heretofore given to my nice children such hereinafter named property re as follows. To Mahala Hawk the wife of Hillsman Hawk I have given to the value of two thousand seven hundred dollars. To Alexander Malcom to the value of fourteen thousand five hundred dollars which is full of not more thru a distributive share of my estate. To Mary Hawk, wife of Thurmond Hawk to the value of three thousand three hundred dollars. To Irena Peters the wife of William Peters to the value of four thousand four hundred dollars. To Nancy Wilson the wife of Ashly Wilson to the value of two thousand one hundred dollars. To Sarah Wilson the wife of Moses Wilson while she was in life to the value of two thousand nine hundred dollars. To Julia Ann Cox while she was in life to the value of one thousand seven hundred dollars. To James Malcom to the value of two thousand five hundred dollars. To William Malcom to the value of two thousand two hundred dollars. And whereas I have loaned to my daughter, Martha Hester wife of Monroe Hester property to the value of eleven hundred dollars, to my daughter Joannah Green I have loaned to the value of sixteen hundred dollars, to my daughter Rebecca Stark, I have loaned to the value of nine hundred dollars. Item 2nd. My Executions are herby divested to set apart twenty four thousand dollars worth of property which they are to value in which property they are to include the place where I live or as much thereof as they may think best as well as all my household and kitchen furniture. Also such Negroes, horses, stock, plantation tools, food for man and beasts and everything also necessary to work said plantation advantageously. From the income of the property so set apart my said wife and my three youngest children during the natural life of my wife are to be supported and the children educated. If from all things considered my Executors may think it best at any time this said twenty four thousand dollars worth of property may be sold at public or private sale by them and my wife and said three youngest children from the interest of same are to be supported and said children educated. At my said wife's death, said twenty four thousand dollars worth of property or its proceeds of the same shall have been sold shall be under no further encumbrance but shall there forward be in my Executor's hands like the other assets. Other assets Item 3rd. After my death and payments of my just debts my Executors are to dispose of all my estate of every kind and description (except said twenty four thousand dollars worth of property) as follows. The five children of said Sarah Wilson shall receive five hundred dollars worth of land to be located and valued by my Executor which is all they are to get from my estate. The three children of Julia Ann Cox shall receive five hundred dollars worth of land to be located and valued by my Executor which is all said three children are to get from my estate. Item 4th. So soon after my death as my Executors shall think best, for the interest of all concerned, all of my estate of every kind and description except said twenty four thousand dollars worth - is to be sold at either public or private sale by my Executors as follows. The property above named in the this item except said twenty four thousand dollars or its proceed if sold, shall be so disposed of that Mahala Hawk, Mary Hawk, Irena Peters, Nancy Wilson, James Malcom, William Malcom, Martha Hester, Joannah Green, Rebecca Stark, Amanda E. Malcom, John Malcom, George Malcom and Jefferson Malcom shall all be made equal with each other in the distribution after those have in the settlement accounted for the property advanced or loaned to them respectively as stated in the aforesaid recital in this will at its valuation as there stated without rent interest or ? on their part. Item 5th. If at the death of my wife said twenty four thousand dollars worth of property shall not have been sold, my Executors if they shall think best may sell the same at public or private sale and dispose of the proceeds, or they may value and disburse of the said property as follows (and this disposition included the proceeds of said property shall have been sold under the authority given in the 2nd item. First my youngest son, Jefferson, shall have two thousand dollars to be paid him at the age of twenty-one years in property or moneys the case may be though the balance shall be equally divided share and share alike between said Jefferson Malcom, Mahala Hawk, Mary Hawk, Irena Peters, Nancy Wilson, James Malcom, William Malcom, Martha Hester, Joannah Green, Rebecca Stark, Amanda E. Malcom, John Malcom and George Malcom. It is always to be understood that all the legacies given to my said daughters, with the exception of Mahala Hawk, are given in trust and to be held by their Trustees for their sale and separate use free from the contracts and liabilities of their respective present and future husbands and at my daughter's deaths said legacies are to go to their children then respectively surviving. Item 6th. I nominate and appoint Thurmond Hawk Trustee for his wife Mary Hawk. Wm. Peters Trustee for his wife Irena Peters, John Stark Trustee for his wife Rebecca Stark. And I nominate and appoint James Malcom and William Malcom Trustees for Nancy Wilson, Martha Hester, Joannah Green and Amanda E. Malcom. Item 7th. The legacies and provisions herein made for my wife is to be in place and stead of her dowry. Lastly I nominate and appoint George W. Malcom Senor, Hillsman Hawk and William Malcom Executors of this my last Will and Testament. In Witness whereof I hereto set my hand and seal this 4th day of October A.D. 1862. John Malcom Signed Sealed and published by the testator for his last Will and Testament in our presence who in his presence and in the presence of each other has at his request subscribed our names as witnesses hereto. An erasure having been first made on the first page and now mark this - - - - - - on the erasure. Also the words "hands" and "been" having been first underlined and the word "nominate" having been first written from on an erasure upon this page. Charles D. Davis James R. Malcom George Malcom Georgia Walton County In appellate court appeared Charles D. Davis, James R. Malcom and George Malcom the subscribing witnesses to the foregoing will. The same having been presented for probate by the Executors thereof which witnesses duly sworn depose and say they saw John Malcom sign publish and declare the foregoing will as for his last Will and Testament that he did so of his own free will and accord and without any undue influence whatsoever that the ? subscribed said last Will and Testament in the presence of said John Malcom the Testator and in the presence each other. Sworn to and subscribed before me in open court on this 1st day of December 1862. Jesse Mitchell Charles D. Davis Ordinary James R. Malcom George Malcom Court of the Ordinary of Walton Co December 22, 1862 The last Will and Testament of John Malcom being propounded ? ? court for probate the witnesses to the same, Charles D. Davis, James R. Malcom and George Malcom having taken and subscribed the necessary oath. Affidavit ordered that said will be admitted to record as proven in common form and the Executors George Malcom and William Malcom. And Hillsman Hawk having duly qualified ordered that letters testamentary be issued accordingly. A true extract from the minutes of said court this December 22, 1862. Jesse Mitchell, Ordinary Recorded December 30th 1862 Jesse Mitchell, Ordinary Georgia Ordinary's Office Walton County Monroe, Georgia I Jesse Mitchell Ordinary and Ex officio clerk for said county certify that the forgoing pages contain within is a true copy of the last Will and Testament of John Malcom late of said county ? of the probate of the same and the order admitting said will to record as the item appear upon record in this office given under my hand and seal of office. Dec 16 - 1869 Jesse Mitchell Ordinary and Ex Officio clerk This file has been created by a form at http://www.poppet.org/gafiles/ File size: 10.3 Kb