Wilkes County GaArchives Wills.....Colley, Henry F. (Francis) October 18, 1861 ************************************************ 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: Marshall Styles marshallstyles@yahoo.com December 19, 2006, 10:12 am Source: Wilkes County Georgia Will Book Ii, Pages 325 & 326 Written: October 18, 1861 Georgia – Wilkes County}} In the name of God Amen I Henry F. Colley of State & County being of sound & disposing mind & memory & knowing that I must depart this life when it is rightly judged, both as respects my family & myself, that I should make a disposition of the property with which a Kind Providence has blessed me. I do therefore make this my last will & testament, hereby revoking & annulling all those heretofore made by me. First, I desire & direct that my body be buried in a decent & Christian like manner suitable to my circumstances & condition in life. Secondly, I desire & direct that all my just debts be paid by my Executrix or Executor herein after named, appointed & in the way herein directed. Thirdly, I desire that all my property real & personal shall remain together until such of my children shall arrive of age on the part of the males & marry or arrive of age on the part of the females & then each to receive his or her proportionate part of my Estate subject to the stipulation & Condition herein after mentioned. Fourthly, I give & bequeath to my beloved wife Isabella M. Colley my house & lot whereon I now live in the Town of Washington, said State & County & a lot of twenty four acres of land lying in within the Corporate limits of said town, with all the rights, members & appurtenances, to said house & lot & said tract of twenty four acres of land in my will belonging free from all charge & limitation whatever, except that this consideration together with some things hereinafter mentioned shall debar her from any claim of dower. I also give & bequeath to my said wife all my household & kitchen furniture, rockaway & Buggy together with two horses she may choose. Otherwise, I desire my property to be equally divided between my wife & children as before directed. The portion going to my daughters, I desire shall be theirs during their natural lives & afterwards to go to the children of their bodies & in case of marriage & no issue to go to their husband, provided the husband is the longest liver. Otherwise to revert back to my estate subject to all the stipulations & conditions herein laid down for the settling & disposition of my Estate. Fifthly, I desire that if any thing is necessary to be sold to pay the debts of my Estate that my plantation be first sold & if that is not sufficient, then to sell my stock & provisions or a part of them as far as may be necessary. If this is not sufficient, then I leave it to my Executrix or Executor in their best judgment. In case my plantation is sold, I desire a farm rented to work my Slaves upon, or for them to be hired out privately so as to __?__ them humane masters. Sixthly, I desire all my debts to be compounded when it is closing(?) Seventhly, I desire that each of my Children shall be given as good an education as my Estate will account of & this shall be free of any charge extra to each child providing this shall not apply to a professional education. Eighthly, I hereby Constitute & Appoint my wife Isabella M. Colley Executrix of this my last will & testament. It is my desire that my son first arriving of age may be Executor with his mother, providing the Justices of the Inferior Court of said County think from his habits & capacity that he is qualified & if he is not then the first that does arrive of age who they think is qualified. This October 18th 1861 {Signed} H.F. Colley Signed, Sealed, declared & published by Henry F. Colley as his last will & testament in the presence of the undersigned who subscribed and named hereto in the presence of said Testator, it his special instance & request & in the presence of each other, this October 18th 1861 {Signed} Thos. C. Hogue; R.L. Foreman; G.B. Brusch; B.M. Callaway Additional Comments: In anticipation that going off to fight the Yankees might result in his not returning home alive, Henry Francis (Frank) Colley, age 40, wrote his Last Will and Testament in Wilkes County, Georgia, on 18 October 1861. His brother Dempsey Carroll Colley, age 36, wrote his own will on 21 October 1861, for the same reason. Both are sons of Francis Colley & Frances Owens; both met the same fate. Henry Francis Colley died 22 August 1862 from wounds received at the Battle of Seven Pines near Richmond. Will copied at Wilkes County Courthouse in Washington, September 2006, and transcribed by Marshall Styles. File at: http://files.usgwarchives.net/ga/wilkes/wills/colley693wl.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 5.1 Kb