WILKINSON COUNTY, GA - WILLS Butler, Joel Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Terry Dale McLeod treeingrocky@cstel.net Table of Contents page: http://www.usgwarchives.net/ga/wilkinson.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Joel Butler’s Will In the name of GOD, Amen! I, Joel Butler, of the said State and Country, knowing that I must shortly die, deem it right and proper, both as it respects myself and family, that I should make a disposition of the property which a kind Providence has bestowed on me. I therefore being of sound mind and memory, do declare the following to be my last will and testament, hereby revoking and annulling all others heretofore made by me. ITEM 1. I desire and direct that that my body be buried in a decent and Christian-like manner, suitable to my circumstances in life; my soul I trust will return to GOD who gave it as I hope for eternal salvation through the merits and atonement of the blessed Savior, Jesus Christ. ITEM 2. I desire and direct that all my just debts be paid by my Executor without delay as I am unwilling that my creditors should be delayed in their rights especially as there is no necessity for delay. ITEM 3. I give to my son, David C. Butler, (married Selina Rozar), my Negroes, John about 18 years of age, of dark complexion; my Negro man, Robin, about 47 years of age and dark complexion; Ben, a man about 33 years of age and yellow complexion. And Sallie, about 62 years of age, of dark complexion; I also give and bequeath to my said son David C. Butler, interest for the use and benefit and advantage for the children of my brother, James Butler, the sum of $900, being $300 each, the same to be allowed to them as soon as practicable after my death, and put out at interest by him until said children severally arrive at the age of 21 years, or until they severally marry, when the same to be paid over to them together with interest accrued to have and to hold the said Negroes to my said son David C. Butler, his heirs and assigns forever; and the said money for the use of said brother, James Butler’s children as above expressed. ITEM 4. I give and bequeath to my son-in-law, Nimrod Burke, (Elizabeth Butler) my Negro boy Hannas John, about 34 years of age and dark complexion and Edward A., a man of about 37 years of age and yellow complexion, to have and to hold said Negroes to himself, his heirs and assigns forever in simple fee. ITEM 5. I give and bequeath to my son-in-law, Leaton H. Harrison, the sum of two dollars to be paid to him by my Executor hereinafter named as soon as practicable after my death, having advanced to and for my son-in-law, Leaton L. Harrison, various sums of money at different times and having divisions for my said son-in-law’s children by deed of trust to Needham Jones to lands in Randolph County. They are therefore not provided for any further in the bequeaths and devises of this my last will and testament. ITEM 6. I give and bequeath to my son-in-law, James Pierce, (Mary Butler) the sum of five dollars to be paid as soon as practicable after my death by my Executor hereinafter named. Also I give and bequeath to my son, David C. Butler, interest for the use, benefit and advantages for the children of my deceased daughter, Mary Pierce, late wife of the said James Pierce, the sum of $300 for each of the said children, the same to be taken by my said son as soon as practicable after my death, and put at interest to the said several children for whose use it is given shall severally arrive at the age of 21 years of age, or shall marry, when it together with the interest accrued shall be paid over to them by said Trustee. ITEM 7. Having advanced to my son-in-law Christopher C. Smith, (Nancy Butler), various amounts and property here to fore and considering him and children amply provided for already. They are not therefore provided for any further in bequeaths and devises of this my last will and testament. ITEM 8. Having already given off to my son, Benjamin F. Butler, the property I intended for him to have out of my estate and in that way made ample provisions for himself and family, it is not my desire he should have anything more out of my estate. (Benjamin F. Butler’s wife was Frances Adair) ITEM 9. Having already given off to my son, George W. Butler, (Adeline Howell), all the property I intended for him to have out of my estate, and in that way made ample provisions for himself and family, it is not my desire therefore that he should have anything more out of my estate. ITEM 10. Having made ample provisions for my daughter, Jane Knight, wife of James M. Knight, in land and Negroes by deed of trust to my son, George W. Butler, she is not therefore further provided for herein except in the residue clause of this my last will and testament. ITEM 11. Having made ample provisions for my son-in-law, James L. Howell, and his family in property that I have heretofore given I have not there fore made any further provisions for them in the bequests and devises of this my last will and testament. ITEM 12. My daughter, Laura Ann, wife of Elbert Hughs, having recently died without any living children to represent her, and not wishing the said Elbert Hughs to have any part of my estate I therefore direct that he, the said Elbert J. Hughs, shall have no part of my property, real, or personal. ITEM 13. I give, bequeath and devise to my daughter, Julia Ann, all that settlement of land known as the N.C. Hughs place, containing 202 ½ acres, more or less, and being No. 275 in tractional 280, in the 23rd, District of said County of Wilkinson, and also that settlement of land known as the Julius Porter place, containing 202 ½ acres, more or less, and being No. 274 in the 23rd, District of said County of Wilkinson, I also give and bequeath to my said daughter, Julia Ann, my Negro Ned, a man of about 32 years of age, and yellow complexion; Daniel, a man about 45 years of age dark complexion; Beckie, his wife, about 47 years of age, and of yellow complexion; Emma Jane, 10 years of age and dark complexion. Monroe, a boy about eight years of age and dark complexion. Green a boy about 13 years of age and dark complexion and Dicey about nine years of age. Lidas, a child about six years of age and dark complexion and Baalam, about 47 years of age and Dennis A., a man about 31 years of age and Mint about 47 years of age; and all the future increase of said Negroes. One bed, bedding, bedstead and trunk, to have and to hold said land and Negroes and other property to my said daughter, Julia Ann, and to her separate use for, and during the term of her natural life, free from the debts and contracts, controls, liabilities or disposition of her present husband or any future husband she may marry. Only so far as to work and manage the same for mutual benefit and support of her said self, my said daughter and their children; at the death of my said daughter, Julia Ann, all said land and Negroes and their future increase to be divided among her children then living, share and share alike. If my said daughter, Julia Ann, should die without any children living at her death then it is my will that all of the said land and Negroes herein given to her shall go to her brothers and sisters, then living, in equal proportions share and share alike. ITEM 14. I give and bequeath and devise to my son, Joel Jackson Butler, (Married Amanda Carr), all that settlement of land known as the Calhoun place, containing 810 acres, more or less, and being numbers 254 and 251 and 45 in the Third District of said county; also all except settlement of land, known as the Patterson place, containing 202 ½ acres and being No.226 in the 23rd, District of said County of Wilkinson, Also all that settlement of land known as the Taylor place, containing 160 acres, more or less, being fractional number 16 and 17, in the Third District of said county of Wilkinson. Also that settlement of land known as the Jasper Bulloch place, containing 136 acres, more or less, being fractional Nos. 279 in the Third District of said County of Wilkinson. I also give and bequeath to my son, Joel Jackson Butler, my Negroes; Bill, a man about 31 years old, and of yellow complexion, Mariah, his wife, about 28 years of age, and dark complexion. Kitty, a woman about 25 years of age, and dark complexion. Young, about nine years of age and dark complexion. Alfred, a man about 32 years of age, dark complexion. Fannie, a girl about 27 years of age and dark complexion. Joe, a boy, 30 years of age and dark complexion. Robert, a boy, about 12 years of age, dark complexion. Elizabeth, a girl about eight years of age, dark complexion. Milton, a boy about six years of age, of yellow complexion. Ellen, a girl about three years of age and dark complexion. Bishop, a boy about four months old and yellow complexion. Violet, a woman about 26 years old and dark complexion. Wright, a man about 45 years old and dark complexion Frank A., a man about 28 years of age, dark complexion and also six choice mules, two choice horses; all the hogs and cattle that I may own at my death and all my plantation tools, blacksmith tools, mechanical tools, to have and to hold all of said land, Negroes and the said property to my said son, Joel Jackson Butler, and his heirs and assigns forever. ITEM 15. The residue of my property wherever and whatever it may be, both real and personal, I desire and direct that my Executor hereinafter named shall sell as soon as practicable after my death and after payments of all my debts and the legacies contained in this will, and funeral and other expenses. The balance of the proceeds of the sale of this said property to go to and be equally divided between the following names of my children, to-wit: David C. Butler, my daughter Elizabeth wife of my son-in-law Nimrod Burke and my daughter Jane, wife of James Knight and my daughter Julia Ann Damons. ITEM 15. I constitute and appoint my beloved son, George W. Butler, and my trusted son-in-law, Nimrod Burke, Executors of this my last will and testament, this 14th, day of December 1861. (signed Joel Butler). Recorded in Minute Book No. 2,, 1856-1866 pages 151, 152, and 153. Probated December 1861. Submitted by: Terry Dale McLeod. NOTES: Joel Butler (1787-Aug. 27,1862), son of Ford Butler. 1st wife Patsy Culpepper. 2nd wife Belinda Smith Ashley (abt. 1811- Feb. 27, 1861), daughter of James and Aggy Smith.