Warren County GaArchives Wills.....George W Hardaway May 10 1858
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Betty McLarry bjemcl@charter.net and Norma Heron nje47@charter.net September 9, 2003, 4:21 pm

Source: Warren Co., GA Court of Ordinary
Written: May 10 1858
Recorded: September 10 1858


State of Georgia, Warren County}  In the name of God, Amen.  I George W.
                             Hardaway of said State and County being of Sound 
and disposing mind and memory, do hereby make, publish and declare this my 
last Will and Testament, hereby revoking all others hereto fore made by me.
Item 1}  I direct that all my debts be paid as speedily as practical after the 
probate of this my last will and that my Executors herein after appointed have 
a Granite Rock Wall built around my grave, sufficiently extensive to encompass 
the graves of my deceased children, and to enclose a space large enough to 
bury my wife in.  Said Wall must be five feet high above the ground, and go 
into the ground to the clay, it must be eighteen inches thick, and the Rock 
faced on the outside. I may have this wall built during my life, my Executors 
must have Tombstones placed over by grave, and the graves of  my deceased 
children, and the Grave of my Wife.  I direct that my executors pay to my wife 
Sarah Hardaway the Sum of one thousand Dollars in Cash.  I wish my Old Negro 
Woman Nanny to remain with my wife during her life, and after her death to be 
provided for and taken care of out of my Estate.
Item 2}  I give, devise and bequeath to my wife Sarah Hardaway during her 
life, the following property (to wit) the Tract of Land on which I now live, 
including the tract surveyed by Isaac Ball, about twenty one acres Surveyed by 
myself, and known as the Mill Place; also one hundred and Six acres bought of 
Colston, a portion of the Kelson Land  All of which Tracts are fully described 
by Plats hereto annexed and which I desire to be taken and considered a part 
of this my last will.  Also one tract containing seventy eight acres more or 
less, lying on both sides of the Greensboro Road, adjoining Lands of E. C. 
Hardaway and the Georgia Rail Road and Banking Company, also one tract bought 
at Sheriffs Sales, containing fifty acres, sold as the property of Erasmus and 
John K. Riviere, lying on the Georgia Rail Road; also the following slaves, 
Ned, Moses, Arry, Ben, Lawrence, Alford, Joe, Allen, Arthur, Lily Ann, Jane 
with her four children Adaline, Ellen, John and Jef and Barbary, together with 
their increase, also such portions of my household and kitchen furniture as 
she may need, (Except the Piano).  The four Wheel Carriage, and match Horses, 
also four mules or horses (as she may prefer) One waggon, One yoke of Oxen and 
Cart, provisions Sufficient for her and her family and stock for one year; 
also ten head of cattle, ten head sheep, twenty head stock hogs, and four 
plougs and gear.
Item 3}  I give, devise and bequeath to my grand daughter Lula Buford, or her 
legal Guardian for her, the sum of Twenty two hundred and fifty Dollars in 
cash, to be paid out of my Estate by my executors, I also give her the Piano 
forte, and at the death of my wife I give her Adaline the child of Jane..  If 
Lula Buford dies without children, this porperty hereby given to her is to go 
to my children, and be divided as I shall hereafter direct.
Item 4}  The remaining portion of my property or Estate, not herein disposed 
of I wish divided into eight equal parts.  The Negroes to be divided in kind 
and the other to be sold and divided to my sons Thomas J. Hardaway, Edmond C. 
Hardaway and James L. Hardaway.  I give each one share or one eighth, and 
eigghth being a share of my Estate.. To my sons in Law Marshall H. Wellborn, 
Matthew H. Hubert, Michael Stinson and William Castleberry and Francis M. 
Reese I give in trust, each one share for the sole and seperate use and 
benefit of their several wives.  And at the the death of all or either of 
their said wives the remainder to the children of their said wives. Likewise I 
dispose of the property herein given to them, it shall go to my sons, and to 
my sons in Law in trust, and be divided among them, and held by them, in the 
same manner and subject to the same conditions in this Item.
Item 5}  I direct that my Executors, pay to my Sons Edmund C. Hardaway and 
James L. Hardaway the sum of one thousand dollars in cash to be appropriated 
by them to fixing my grave, and the graves of my deceased children and the 
grave of my wife.  To placing Tombstones over all the said graves, as directed 
in the first Item of this my last will.
Item 6}  I nominate, constitute and appoint my sons, Thomas J. Hardaway, and 
Edmund C. Hardaway, and my son in Law M. H. Wellborn the Executors of this my 
last will and Testament, this Tenth day of March 1858.
                         George W. Hardaway
Signed, Sealed, Delivered and Published by George W. Hardaway as his last Will 
and Testament, in presence of us the Subscribers, who subscribed our names 
hereto in the presence of said testator at his special instance and reqyuest, 
and of each other  This March tenth 1858.
     Isaac D. Fuller, James Railey, Joseph Wasden.

State of Georgia, Warren County}
                         I George W. Hardaway of said State and County, having 
on the tenth day of March eighteen hundred and fifty eight made and executed 
my last will and testament in the presence of Isaac D. Fuller, James Railey 
and Joseph Wasden, and being desirous now of making some alteration the same 
do make, being of sound and disposing mind and memory, publish and declare the 
following as a codicil to my said last Will.
Item first}  I revoke so much of the fourth Item of my said last Will, as 
refers to the share, or on eighth part of Estate, and all of the interest 
which I have vested in Matthew H. Hubert my son in Law, in trust for the use 
of his wife Eliza, and in the place of the share or interest in my Estate 
which I have given to said Matthew H. Hubert in trust for his wife Eliza, I 
substitute the following--I give, devise and bequeath unto Edmund C. Hardaway, 
James L. Hardaway and Marshall H. Wellborn in trust to and for the seperate 
use of my daughter Eliza, wife of Matthew H. Hubert during the life of said 
Eliza and at her death, to her children, one eighth part of my Estate which 
will be left after my wife takes her portion as is provided in Item 2 of said 
Original Will, and I also give, devise and bequeath to the aforesaid Trustees 
for the use of said Eliza, or her children, shall vest in said Trustees for 
the use of Said Eliza, and after her death, to her children, a childs portion 
of my Estate after the death of my wife.  Also in case of the death of Lula 
Buford without children.  I direct that the portion of the same which would 
vest in said Eliza, or her children, shall vest in said Trustees for the sole 
and seperate use of said Eliza With remainder over as is above provided.  My 
will is, that none of my Estate either accruing at my death, or at the death 
of my wife shall be held, used or enjoyed by said Matthew H. Hubert, but that 
the same shall vest use of my said daughter Eliza during her life, and at her 
death to her children the same of whatever kind or nature, is to be held    my 
said Trustees for the uses aforesaid, and free from the use and control, and 
not subject to the debts or contracts of said Matthew H. Hubert.
Item 2}  I alter my said will also in this....I nominate, constitute and 
appoint James L. Hardaway co-Executor with E. C. Hardaway, Thomas J. Hardaway 
and M. H. Wellborn without the foregoing two items in this my codicil to my 
said last will, there is no other alteration which I desire to make and I do 
heregby ratify said last will in all particulars except as is contained in 
this codicil.
                                    kG. W. Hardaway (L.S.)
Signed, Sealed, published and declared as the Codicil to the last Will and 
testament of George W. Hardaway, in the presence of us who have Subscribed our 
names at his request in his presence and in the presence of each other. 
  Fleming Geesling,  Isaac D. Fuller,  Edward H. Tattle
-Recorded September 10th 1858--H. R. Cody Ordinary


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