Will of Thomas Prather, Wilkes Co. GA From: Meredith Clapper Georgia Wilkes county: In the name of God Amen. I Thomas Prather of the county and state aforesaid being in sound mind considering the certainty of death and the uncertainty of the time it may happen do frame constitute and ordain this my last will and testament in the words following (viz) Item the 1st: I wish Taliver Wells to have the two hundred acres of land that I gave him on which he now lives and that to be his full partion of all my landed estate. It is my wish that all the negroes I have let him have shall be returned with their increase together with every other species of perishable personal property estate which he has had from me. Item 2nd: It is my desire for the negroes to be distributed by lotery formed in five lots & near equal as they can be fixed without dividing the families to any extent and draw for by my five legatees or their representatives (VIZ) Toliver Wells, Elias J Prather, Delilah C Prather, Anderson S Prather, Thomas F Prather. Should one legatee draw a lot of less value than another it must be made equal to the most valuable by an addition of money which money must be paid when the legatees marry or arrive to the age of twenty one years old. Item 3rd: It is my desire for my son Elias J Prather to have a two year old ____________ colt. Item 4th: It is my desire that all the remainder of my personal estate shall be exposed for a sale agreeable to the common form of executors sales and the proceeds equally divided between my five legatees above mentioned. Item 5th: It is my desire for all my real estate except the two hundred acres which I have given Toliver Wells to be distributed between my four youngest children. Elias J Prather, Delilah C Prather, Anderson S Prather, Thomas F Prather or the process (?) thereof. Item 6th: It is my desire that the land may not be rented or sold but the negroes that fall to the four youngest children shall remain upon it until one of the children should marry or become of age. Then if the married legatee , the next child and the executor think proper they may rent, the whole of the land then and the negroes of the minors and let the legatee that's of age have his proportianable (sic) part of the rent. I do appoint Mason Jones, Toliver Well my executors to carry into effect this my last will and testament. In witness I have affixed my hand and seal in the presence of this 7th November 1828. John Moss V B Lowe Thomas Prather seal Wm M Lanikin Thomas Jackson Georgia Wilkes county: Personally appeared before us Justices of the Inferior court for ordinary purposes in foresaid county©©John Moss, and Vincent B Lowe who being just duly sworn say that they saw Thomas Prather sign seal & execute the within instrument of writing as his last will and testament and that at the time of his so doing he was of sound disposing mind & memory & that they signed their names thereto in presence of said Thomas Prather as subscribing witness and also saw William M Lanikin & Thomas Jackson sign their names thereto as subscribing witness in the presence of said testator. Sworn to & subscribed before us this 18th November 1828 John Moss John B Linerd V B Lowe Wm C Allison Recorded December 11th 1829 ==================================================================== 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 the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Meredith Clapper ====================================================================