Lunenburg-Mecklenburg-Henry County Virginia USGenWeb Archives Wills.....Colley, John May 30, 1815 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Marshall Styles marshallstyles@yahoo.com January 30, 2008, 2:22 am Source: Wilkes County Wills: 1794-1819 Roll # Rhs-370 Georgia State Archives Written: May 30, 1815 Recorded: November 27, 1815 Last Will and Testament of John Colley, Revolutionary War Soldier, 30 May 1815, followed by the estate settlement 1816-1836. John Colley was born in Lunenburg County VA, eldest son of Edward Colley and Mary Strong Colley, was raised in Mecklenburg County, VA, fought in the Third Virginia Regiment, Revolutionary War, after which he moved his family to Wilkes County, GA, where he died. John married Sarah France, daughter of Henry France and Elizabeth Jennings of Henry County: Wilkes County Wills: 1794-1819 Roll # RHS-370 Georgia State Archives Page 122: 1810-1816, Transcription by Marshall Styles, 2007. In the name of God Amen. I John Colly of the county of Wilkes and State of Georgia being afflicted and weak in body but of sound and disposing mind and memory do make and ordain this my Last will and testament in manner and form following viz. First I desire that all my Just debts be paid by my Executors. Second It is my will and desire that there shall be a negro fellow of the value of five hundred dollars be purposed for my son France Colly. I also Give him one bed and furniture and a horse saddle and Bridle (the horse saddle and bridle having been delivered) to him his heirs forever. Third: It is my will and desire that my Executors purchase a negro fellow of the value of five hundred dollars for my son Spain also one bed and furniture horse saddle and Bridle I give to him & his Heirs forever. Fourthly. I give and bequeath unto my Daughter Polly my negro woman named Cherry and her two Children Chaney and Sophia one bed and furniture and one horse saddle & Bridle worth one hundred dollars to her and her heirs forever. Fifthly. I give and bequeath unto my Daughter Louisa my negro Violet and Mary & horse saddle and Bridle at one hundred dollars and one Bed & furniture to her & her heirs forever. Sixthly. I give and bequeath unto my Daughter Betsey one negro woman named Patsey Bed and furniture & horse saddle and bridle which she has already received Also it is my will that my Executors purchase for my said daughter Betsey out of the money Coming from my Father-in-Laws Estate in North Carolina a negro woman of the value of two hundred and fifty dollars as soon as the same can be conveniently done, to her & her heirs forever. Seventhly. I give and bequeath unto my Daughter Nancy a negro woman named Rose Bed & furniture & a horse saddle and Bridle which she has already received also it is my will and desire that my Executors purchase for my said daughter a negro woman of the value of two hundred and fifty dollars which purchase is to be made out of the money due me from my Father-in-Laws in the state of North Carolina to her and her heirs forever. Eighthly. Having given my son Gabriel heretofore what I conceive to be equal to what I have given to my other Children, and perhaps more, it is my will and desire that at my wife's decease (if he should be then alive and not otherwise) the sum of three hundred dollars. Ninthly. I do hereby Lend unto my loving wife Sarah during her life or widowhood whichever circumstance shall first happen all the balance of my Estate both real & personal not heretofore bequeath and at her death the whole to be sold on a credit of twelve months and the same after paying Gabriel Colly the said sum of three hundred dollars (in case of his being alive & not otherwise) to be equally divided between my son France my son Son Spain and Daughters Betsey Polly Nancy and Louisa Share & Share alike but in case of the Intermarriage of my wife my will is that she receive a child's part of my Estate in Lieu of the property Loaned and the balance not specially bequeathed to be equally divided as stated in the ninth Item Tenth. I give and bequeath unto my grand daughter Lucinda C Tindal my negro Girl Anacha and I also direct that the sum of three hundred dollars shall be deducted out of my Daughter Betsey (the mother of said Lucinda) share or dividend on the final dividend of my Estate after the death or marriage of my wife the said Girl Anacha so given to the said Lucinda C Tindal. It is my wish that the negro to be purchased for my son Spain be not delivered to him untill two years from this time unless his mother and my Executors shall find it convenient to do it sooner. Lastly. I do hereby nominate constitute and appoint my son France and David Terrell Executors of this my last will and Testament. In Testimony whereof I have hereunto set my hand & Seal this 30th day of May 1815. The words “and not otherwise” twice interlined before signed. John Colley {Seal} Signed sealed and acknowledged by the Testator in our presence to be his Last will & Testament J. Callaway, H. Terrell, D'd. Terrell Georgia Wilkes County Personally appeared in open Court Job Callaway Henry Terrell and David Terrell the subscribing witnesses to the foregoing Will and being duly sworn deposeth and saith that they Saw the said John Colley sign seal publish and declare the foregoing instrument of Writing to be his last will and Testament and at the time of his so doing he was sound and disposing mind and that they signed their names to the same as Witnesses in the presence of the testator and in the presence of each other and at his request Sworn to in open Court David Terrell this 27th Nov'r 1815 Henry Terrell W Sansom J. S. C. Job Callaway B Porter J. S. C. Wm. Evans J. S. C. ~~~~~ John named as co-executors, "my son France and my son David Terrell Executors..." That must be an error by the Clerk of Court, as David Terrell was one of the subscribing witnesses, and therefore could not also be an executor. John Colley died 10 days after signing his Will. ~~~~~ Source: Wilkes County Ga Returns Book 1830-1836 Written: November 27, 1815 Estate Appraisal of John Colley, Wilkes County, Georgia, Returns Book 1830- 1836, pages 231 - 234; Son of Edward Colley & Mary Strong of Mecklenburg County, Virginia Copied at the Wilkes County Courthouse in Washington, Georgia, September 2006, transcribed & [annotated] by Marshall Styles: We the appraisers have appraised the Estate of John Colly, deceased, agreeable to a warrant and have now returned said inventory of the same to Francis Colly, Executor of the Said Estate: [Slaves and their value] Julius $500; Cain(?) $525; Israel $600; Cherry $450; Jacob $475; Lot $450; Judge $325 [or $525]; Margueritt $400; Nancy $400; Abram $200; York $100; Guilford $100; Cherry $450; Sophia $100; Chancey $100; Billie $300; Mary $275; Aniky $150; [Other] 1 white horse $30; 1 white mare $50; 1 bay mare $85; 1 bay horse $40; 1 Sorrell colt $40; 1 bay colt $25; 1 bay mare $10; 55 hogs and twenty one pigs $16; 1 yoke of Oxen $45; 12 head cattle $157; 1 waggon $11; 11 axes $11; 5 chisels and four augers $5; 1 lot of old tools $6.50; 1 lock chain $1.50; 7 pair buckskins; 1 odd lot of harrow hoes $3.50; 6 plows $4; 8 half-shear plows $2.50; 3 barn plows $4; 9 milking stands $9; 1 60-gallon still $47.50; 9 quarters cash $2.25; 1 lot plows $4.50; 5 cribbing hoes; Seven beds and bed steads $980; 1 Side board $50; 1 Desk $30; 2 Side tables $55; 12 Windsor chairs $20; 10 common chairs $5; 1 Folding and three plain tables $12; 1 Shott Gun $10; 1 Large and Small Bible $6; 7 Books $6; 10 Tumblers & Decanters $6.25; 1 lot Crockery $10; 1 Sugar Canister $2; 1 lot Pewter $12; 1 Pine Side Board $5; 1 Looking Glass $2; 1 Loom $8; 1 Large Kettle $4; 1 Small Kettle $1.50; 1 Grind Stone $1.50; 1 pair Irons $1.25; 2 large Tin Pans $1; 1 Spitter [a spittoon?] $1.25; 1 Carding Machine [for cotton & wool] $25; 1 Coffee Mill $25.50; 2 Pots – Oven & Baker $7.50; 3 Saddles & Bridles $6; 1 Flax Wheel $2.50; 1 Shoe Hammer and Pincers $1; 1 Clock Reel $2; 3 Shovels and two pair of Tongs $3.75; 6 Spinning Wheels $12; 600 pounds clean cotton 7 1800 pounds seed $1156; 12 bushels of Wheat $12; 1 Jug $1; 2 pair of Fire Dogs $4; 80 Barrels Corn $150; Four thousand pounds fodder $30; 1 pair Stretchers & Spade $2; 1 Jug & 2 Bridles $3; 1 Broad Axe $3 Total $7566.25 November 27th 1815 {Signed}Isaac Callaway; R.T. Foster; Job Callaway; Joseph Callaway; Peter B. Terrell Source: Wilkes County Returns Book 1830-1836 Written: February 27, 1834 Recorded: June 10, 1834 Inventory and Sale of John Colley Estate, Wilkes County, Georgia, Returns Book 1830-1836, pages 315-318; Entered 27 February 1834 & 4 March 1834; Recorded 10 June 1834. John Colley is the son of Edward Colley & Mary Strong of Mecklenburg County, Virginia. Married Sarah France of Virginia, later of North Carolina. Copied at the Wilkes County Courthouse in Washington, Georgia, September 2006, transcribed and [annotated] by Marshall Styles: John Colley Estate An Inventory of the negroes & Real Estate of John Colley, deceased, Sold at Public Sale on the Fourth day of March 1834 on a credit of 12 months ~ Welcome Fanning, 1 Tract of Land, 825 Acres - $2751; [husband of Louisa Fanning; son-in-law of John Colley] Spain Colley, negro man Hiram - $700; negro man Lott - $705; man Julius - $1; woman Nan - $186; girl Sidney - $210; [Sn of John Colley] John Peteet, man Jacob - $701; boy David - $630; man Jerry - $235; woman Judy $5; [John Peteet / Perteet is son-in-law; husband of Elizabeth Colley] Henry Pope, man York - $590 Benjamin Rice, man Guilford - $600 James V. Brown, man Jordan - $636; boy Stephen - $500; [Son-in-law; husband of Mary Colley] Francis Colley, boy Eli - $421; boy Sam - $297; man Israel - $500; [Son of John Colley] Welcome Fanning, girl Lamar(?) - $485 Total negroes & real estate $10157.00 {Signed} Frances Colley, Executrix Recorded 10th June 1834 ~~~~~ An Inventory of the Personal Estate of John Colley, deceased, sold at public Sale on the twenty-seventh day of February 1834 on a credit of 12 months ~ [The total sale was only $221.75, covering more than 200 items. Rather than listing all of this, I have given the names of the buyers, and made an attempt to categorize his personal estate. – Marshall Styles] Buyers, and their relationship to John Colley, if known: Family members: John Peteet or Perteet – Son-in-law Spain Colley – Son Francis Colley – Son Frances Colley – Wife / Widow Welcome Fanning – Son-in-Law James V. Brown – Son-in-Law Nancy Goolsby – Daughter, married Kirby Goolsby Burwell Appling – Grandson-in-law, married Caltha Clementine Peteet, daughter of John Peteet and Elizabeth Colley Other persons, partial listing: William Shearer; James Armstrong; John W. Jones; Van Allen Echols; John G. Wright; William Brock; Henry Pope; Thomas R. Thurmond; John Wilkinson(?); Samuel Flournoy; Thomas Hendemon; Cozart Binns; Edward McDermot; Henry Harley; Henry Fennell; Samuel Rhodes; Caleb Saffington; Archibald Lyle; William Sutton; P. Aycock; Parker Callaway; Thomas R. Eidson; Ebenezer Smith; Robert Randolph Partial Listing of Items Purchased by Family Members (much is unreadable): John Peteet – 3 pair harnesses, log chain, Yoke Oxen ($19), heifer ($2.50), 1 round table ($11), large basin ($1.56), side board ($1.31), 300 pounds bacon ($33) Spain Colley – 2 pair harnesses, 3 augers, Side board ($20), small table ($1), folding small table ($2.12), 1 lot glassware ($0.50), looking glass ($0.50); shot gun ($5), 300 pounds bacon ($35) Francis Colley – 4 mattocks, 2 axes, 2 planes, shims, wedges, pot rack, Bay Mare ($74), cow and yearling ($4.75), branded cow and yearling ($4), 1 desk ($20), large trunk ($0.12), flax _?_ ($1), 200 pounds bacon ($23), 141 pounds __?__ ($7.40) Welcome Fanning – 2 young cows ($20), BIBLE ($3.63) [this is the Bible that was used to record the Colley & Fanning family births, deaths, marriages, that was incorporated into the Georgia Bible Records book.], 1 bed stead ($16.12), 300 pounds bacon ($33) James V. Brown – round table ($8.62), sugar canister ($1.37 Nancy Goolsby – large basin ($2.18) Burwell Appling – 300 pounds bacon ($33) Source: Wilkes County Deed Book Pp, Pages 380-382 Written: January 6, 1823 Recorded: March 11, 1836 Estate of John Colley, Wilkes County, Georgia, Deed Book PP, pages 380-382, 1823-1836, distribution to John and Sarah’s children the portion of his estate which came into the hands of Sarah upon his death in 1815. It is unclear why Welcome Fanning, a son-in-law, was the recipient of the distribution rather than his wife, Louisa Colley Fanning, daughter of John and Sarah. The remaining children named below personally made their own acknowledgment. Copied at the Wilkes County Courthouse in Washington, Georgia, September 2006, transcribed & [annotated] by Marshall Styles: Francis Colley, Executor of John Colley Dec’d, has placed in my possession all the estate both real and personal and every thing else he was bound to do in Full of the legacy coming to me under the Will of said deceased. January 6th 1823. {Signed} Sarah Colley Received of Francis Colley Executor of John Colley dec’d the sum of seventeen hundred & seventy two dollars & sixteen cents in full for my distributive share of the estate of said John Colley, both real & personal. And I do hereby bind myself my heirs Executors & Administrators to pay to said Executor my proportionate part of all debts which may hereafter come against said Estate and that said call(?) as Executor may be compelled to pay. Witness my hand & seal this 11th day of April 1835 {Signed} Welcome Fanning {Seal} Acknowledged before me Rayland Beasley JP Received of Francis Colley, Executor of the Estate of John Colley Dec’d seventeen hundred and seventy two dollars in full of my distributive share of the estate of said John Colley dec’d both real and personal. And I do hereby bind myself my heirs Executors & Administrators to pay to said Executor my proportionate part of all debts which may hereafter come against the estate of said John Colley and as that said Executor may have to pay. Witness my hand & Seal this 23 day of April 1835 {Signed} Mary Brown {Seal} Acknowledged before me Rayland Beasley JP $1772.16. Received of Francis Colley Executor of John Colley deceased seventeen hundred and seventy two dollars in full of my distributive share of the estate of John Colley dec’d both real and personal, and I do hereby bind myself my heirs Executors & Administrators to pay unto the said Executor my proportionate part of all debts demands or due that may come against said estate and to _?_ of said Executor, in Witness whereof I have hereunto set my hand and seal this thirteenth day of May 1835. {Signed} Spain Colley {Seal} Andrew Caldwell & John Jesse JP}} Nov 14th 1835. Received of Sarah Colley in her lifetime the following articles which I now acknowledge as part of my distributive share of her estate to wit – 1 cow & calf, waggon wheels, 4 __?__ @ 37-1/2 cents. Total $12.00. {Signed} Spain Colley Nov 14th 1835 Received of Sarah [Colley was omitted] in her lifetime the following assets which I now acknowledge as part of my distributive share of her estate to wit, 1 Negro woman Mary $400, 4 chairs $4.00, Total $404.00. {Signed} Welcome Fanning Nov 14th. Received of Sarah Colley in her lifetime the following articles which I now acknowledge as part of my distributive share of her estate, to wit, 1 old Clock 50 cents. {Signed} Elizabeth Peteet Nov 14th 1835. Received of Sarah Colley in her lifetime the following assets which I now acknowledge as my part of my distributive share of her estate, to wit, 1 cow $10, 3 Heifers $21; 1 old wheel [spinning wheel?], 1 tract of land 202-1/2 acres in Troup County, $341, 2 young sows & 1 pig $3.50 [other items which I could not read], Total $341. {Signed} Francis Colley Nov 14th 1835. Received of Sarah Colley in her lifetime the following assets which I now acknowledge as part of my distributive share of her estate, to wit, 1 Negro Girl named Milley, 4 years old, $150.00; 1 trunk $2.50, 1 stone jar $1.00, Cash $20.00, Total $173.50. {Signed} Nancy Goolsby Nov 14th 1835. Received of Sarah Colley in her lifetime the following articles which I now acknowledge as part of my distributive share of her estate, to wit, $20 Cash, Carding machine [for cotton] $1.50, Candle Mould, 12 cents [other items which I could not read], Total $81.62 {Signed} Mary Brown Georgia} Wilkes County} Personally appeared before me the within named persons to wit: Francis Colley, Elizabeth Peteet, Nancy Goolsby, Mary Brown, Welcome Fanning and Spain Colley, distributees of the Estate of Sarah Colley deceased who on their sound oaths says that the within and foregoing is a complete statement of all the property they rec’d of Sarah Colley in her lifetime __?__ render an account to the administrator to the best of their recollection and belief. Francis Colley {Seal} Elizabeth Peteet {Seal} Mary Brown {Seal} Nancy Goolsby {Seal} Spain Colley {Seal} Welcome Fanning {Seal} Sworn to before me this 16th November 1835, Rayland Beasley JP Georgia} Wilkes County} $1412.16 Received of Francis Colley, Executor of John Colley deceased the sum of fourteen hundred and twelve dollars and sixteen cents in full of my distributive share of the estate of said John Colley deceased both real and personal and I do hereby bind myself my heirs, Executors & Administrators to pay to the said Executor my proportionate part of all debts demands or dues which may hereafter come against said estate and which said Executor may be compelled to pay. Witness my hand & seal this twenty second day of December 1835 {Signed} John Peteet {Seal} Test, Thomas Anderson Georgia} Wilkes County} Received of Francis Colley administrator of the Estate of Sarah Colley dec’d two hundred and one dollars & seventy cents in full of my proportionate share of said estate, And I hereby _?_myself to refund to said Administrator my proportionate part of all debts demands or dues that may be hereafter recover of said Estate as Witness my hand and seal this 22nd December 1835 {Signed} Welcome Fanning Test, Thos. Anderson Recorded 11th March 1836 Additional Comments: Transcribed by Marshall Styles, 2007 File at: http://files.usgwarchives.net/va/lunenburg/wills/colley359gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 18.8 Kb