WASHINGTON COUNTY, GA - WILLS - CHERRY (WEAVER) MALONE Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: RJones7598@aol.com Ross Jones Table of Contents page: http://www.usgwarchives.net/ga/washington.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm LAST WILL & TESTAMENT OF CHERRY (WEAVER) MALONE, mother in law of Seaborn A. H. Jones, Washington County, GA …his special instance & request and in the presence of each other Sworn and subscribed before me this 2nd day of February 1852 P Tracy Needham Mims Ordinary Josephine Zilbett The last will and testament of Cherry Malone of the County of Washington and the State of Georgia- 1 give, decree and bequeath all my estate, both real and personal and all my effects of what___ ___, to my son Charles J. Malone and my son in law Peter Solomon, their heirs and executors, _ _____ or assigns, ___ upon ____ following that is to say that Charles J. Malone and Peter Solomon, said trustees or the survivors of them, or the heirs, executors, administrators or assigns of such services, do, and shall with all convenient speed after my decease call in and collect all debts that may be due me, and pay my funeral, & testamentary, and pay any just debts as I may herein after appoint by codicil or otherwise, and do, and shall stand possessed. (1st) First Of one Negro girl slave Jane, and all her future increase, in trust for my daughter in law Jane A. Malone & the children of my son Charles J., & Jane Malone, born or be borned, to the separate use of the said Jane A. & children of my son Charles J. Malone, exclusively of the said Charles J. so as not to be subject to the debts the said Charles J., or any future husband of the said Jane Malone. I will however that the said Charles J. & Jane A. Malone or the survivors of them, have full power by written will or indenture to devise, all or any part of said property and all lawful limitations, to whom he or she may think proper and I hereby declare that the execution of this power, shall revoke all other trusts herein before declared, & created, the above property. (2nd) Second That my trustees do and shall stand possessed of Manerva a woman, & her child Hardy, and all her future increases, in trust for my daughter Mary A. S. Jewett during her life, and to her children born or to be born so as not to be subject to the debts for me, or any future husband. I will however that my daughter Mary A. S. shall have full power by written will or indenture devise all or any part of said property with all lawful limitations to whom she may think proper and I hereby declare that the execution of this power shall revoke all other trusts herein before created & declared in said above mentioned property. (3rd) Third That my trustees shall do and shall stand possessed of_____ a woman and all future increases in trust for the separate use and benefit of my daughter Adrian R. Jones during her life, and her children, bon or to be borned exclusively, so as not to be subject to the debts of her present or future husband. I will however that my daughter Adrian R. Jones, have full power by written will or indenture to devise all or any part of said property, to who she may think proper, and I hereby declare that the execution of this power shall revoke all other trusts herein before declared & created in said above mentioned property. (4th) Fourth That my trustees do and shall stand possessed of Nelson - a man, and Nicy -a woman, and their future increase in trust for the separate use and benefit of my daughter Maria Louisa Solomon during her life & her children born or to be borned exclusively, so as not to be subject to the debts of her present or any future husband. I will however that my daughter Maria Louisa has full power by written will or indenture to devise all or any part of said property, and I hereby declare that the execution of this power shall revoke all other trusts herein before declared & created in said above mentioned property. (5th) Fifth It is my will further that my trustees shall at all times have power to sell or exchange any part of said portions or legacies, herein before bequeathed upon the written consent or request of the legatee of such portion, to be sold or exchanged, provided such sale or exchange, is for the convenience & benefit of such legatee, or comfort and happiness of such slave to be sold or exchanged - and in case my trustees herein named or any future trustee or trustee of this my last will and testament, shall die or wish to be discharged or shall refuse or become incapable of acting - then and in that case it is my will that any Superior or Inferior court of any county of this state in which the party may reside, upon written or verbal application of any one of the said legatees or their legal representative or next friend, to appoint by order of said court, such trustee or trustees or his or her or their representatives may select to execute the trust coupled with the particular legacy of such legatee, with all the powers and authorities, that any trustee should have, were they continuing to act under the trust hereby replaced in them. And I further declare that the receipt of any of my trustees shall discharge the person legally holding the same from all liability as to the application of service received for sale or exchange of any part of said property, and I declare further that my trustees shall not be accountable for any ___ in any ____ _ exchange, or for any other ___, than for such as are the consequences of wilfull neglect and that no one shall be accountable, only for his ___ acts and deeds, and not for the deeds, receipts or disbursements of other of them. Lastly I give, devise and bequeath to my trustees and their ___ ____ in trust of this any last will and testament, and and (sic) all other property of which I may be possessed at the time of my death, not heretofore or herein after devised or bequeathed to be sold, and after my just debts shall have been settled or ____ off, that of the ____ of ____ I f__ will that __ ___ son Charles E. Malone have one hundred dollars, and also to my ____ Charles J. Malone I will and bequeath F__ hundred dollars, and also to my daughter Mary A. S. Jewett three hundred dollars, and then the remainder of any be legally divided between my four children Charles J. Malone, Mary A. S. Jewett, Adrian R. Jones & Maria Louisa Solomon, to be held subject or paid over to them for their special use and benefit, so as not to be subject to any of the present existing debts of the said Charles J. Malone or the debts of the present or any future husband of the three said daughters- And I further nominate and appoint my dear son Charles J. Malone and my much respected son in law Peter Solomon executors of this my last will and testament, and I hereby revoke all former wills by me at time made, and declare this to be my last will & testament. In witness whereof I have hereunto set my hand and seal this 13th November day of 1851 eighteen hundred and fifty one. Cherry Malone (LS) Signed and sealed by the afore mentioned Cherry Malone as her last will and testament in presence of us, who in her presence, and in the presence of each other hereunder do assign our names as attesting witnesses. Andrew McConky William Harman Personally appeared before me Phileman Tracy, Ordinary of Bibb County Geo. Andrew MoConky who being duly sworn, says that he says the testatrix Cherry Malone sign, seal & publish the within instrument as her last will & testament, that he signed the same as subscribing witness at her request & in her presence, & that the said Cherry Malone at the time of executing said will was in her opinion of sound mind and disposing memory. Sworn to before me 5th April 1852 P Tracy Ordinary NOTE: Attached is my transcription of the Will of Cherry Weaver Malone. The will was written in Washington County, GA and filed in Bibb Co., GA. Cherry was the mother of Adrian Rosser Malone Jones, wife of Seaborn A. H. Jones of Washington County.