JAMES WILLIAMS WILL

State of Georgia )
Jefferson County )
In the name of God, amen. I, James Williams, of the County and State aforesaid, being of good health (thanks unto God) but being advanced in life by old age and believing that I have but a short time to live do make and publish what shall be here under written as my Last Will and Testament in revocation of all former wills and testaments by me made.
In the first place, I recommend my soul to God who gave it and in the next place I want all my honest debts paid. I wish to be decently buried and the funeral expense paid out of my estate, after which, I wish my property both real and personal to be divided in the following manner.
To my beloved wife, Mary Williams, I give and bequeath at my death five hundred dollars of good and lawful money for her free use; to be disposed of at her pleasure and I further give and bequeath to my wife, Mary Williams, the use and labor of a Negro man named Simeon (a slave) about twenty-five years of age for and during her life in widowhood and at her death or marriage the said Negro man, Simeon, to be taken out of her possession and to revert to and belong to my son, Lawson Williams, and his heirs. I also bequeath to my wife, Mary Williams, two cows and calves which she shall have the right of selecting from my stock of cattle. The said cows and calves to remain for her use during her life or widowhood and at her death or marriage to revert and become the property of my son, Lawson Williams. And I do further bequeath to my wife, Mary Williams, one bed and furniture appertaining thereto and also the tract of land upon which I live now down to the ranch below the old field, thence from the head of the branch a straight line to the upper corner of my son, John’s, fence, thence along the upper line of said fence to continue on in a straight line to my back line, something like southwest which will leave of said tract of land between four hundred and fifty and five acres, all of which I give to my wife, Mary Williams, during her life or widowhood and at her death or marriage, all the said bed and furniture and the aforesaid tract of land to revert and become the property of my son, Lawson Williams, and his heirs in fee simple.
And in consideration of the natural love and affection which I bear to my son,
Lawson Williams, I do give and bequeath to my son, Lawson Williams, one tract of land originally granted to James Trimble containing two hundred acres, more or less, being and lying on the east side of Duhart’s Creek joining the place upon which I now reside. And also I give and bequeath at my death to my son, Lawson Williams, one other tract of land granted to myself containing one hundred and ninety-six acres except so much of the said tract as then may be cut off from only by the straight line and all the above tract of land I do give and bequeath to my son, Lawson Williams, in fee simple. And I give and bequeath unto my son, Lawson Williams, one other tract of land originally granted to George Ingram purchased by me from Nataniel Sample, Jr estate containing four hundred and thirty acres joining the tract granted to myself (above mentioned) which tract of land I give to him the said Lawson Williams in fee simple. I also give and bequeath unto my son, Lawson Williams, a Negro woman (a slave) named Eloiza about thirty or thirty-one years of age together with her future increase to him the son, Lawson Williams, and his heirs in fee simple. I also give and bequeath unto my son, Lawson Williams, the one half of all my stock of cattle, horses, sheep and hogs together with the kitchen furniture, all my plantation tools and blacksmith tools to his own proper use, benefit and behoof with this exception alone; that is, that my wife, Mary Williams, shall be equally interested with him during her life or widowhood and at her death or marriage the whole of the above mentioned property of cattle, horses, sheep, hogs, kitchen furniture, blacksmith and plantation tools to become the property of my son, Lawson Williams. One other tract of land granted to myself and my brother, Miles, for seven hundred acres I give unto my said son, Lawson Williams, the west portion of said tract supposed to be about five hundred acres, the other part to be disposed of hereafter.
And for the natural love and affection which I bear unto my grandson, (son of my deceased son, John W. Williams), James Williams, I give and bequeath unto my said grandson, James Williams, one tract of land containing one hundred and fifty acres, more or less, granted to me lying on Duhart’s Creek the sum of the creek being the east line of the said land. I give and bequeath the above mentioned tract of land at my death unto him the said James Williams in fee simple.
I also give and bequeath unto my grandsons, William Williams and Newton Williams (sons of my deceased son, John) one tract of land granted to Moore containing two hundred acres, more or less. I also give and bequeath unto my two grandsons, William and Newton Williams, those parcels or pieces of land that may be cut off by the straight line aforementioned from the four hundred and fifty acres and one hundred and ninety-six acre tracts of land, to be equally divided between the two. I give the above described lands unto the said William and Newton Williams at my death in fee simple.
I also give to my grandson, William Williams (son of my deceased son, John), one hundred acres of land lying on the north side of Indian Creek in Warren County, Ga., it being all that part of the Graves land lying on the north side of Indian Creek. I give and bequeath the above mentioned tract or parcel of land at my death unto the said grandson, William Williams, in fee simple.
I give and bequeath at my death unto my daughter-in-law, Cassey Williams (widow of my deceased son, John B. Williams), a Negro man (a slave) named Ceasar about thirty-two years of age for and during her life or widowhood and at her death or marriage then to revert and become property of the youngest child of my deceased son, John B. Williams in fee simple.
I also at my death give unto my son-in-law, Robert Stephens, the sum of one hundred dollars to dispose of as he pleases.
I give unto my grandchildren at my death, viz Temperance McDaniel, Clayton Stephens, Samina Manson and Nathan Stephens, children of my deceased daughter, Elizabeth Stephens, the former wife of said Robert Stephens, four hundred dollars. Out of love and affection I bear unto my daughter, Sarah Ann Little, do give and bequeath unto her, the said Sarah Ann Little, the notes which I hold against the estate of her deceased husband, Foster Little, which according to this calculation made at this time amounts to two hundred and six dollars and forty cents. I also give unto my said daughter, Sarah Ann, do give and bequeath the sum of two hundred and ninety-three dollars and sixty cents in true lawful money. It is also my desire that at her death the above notes and money belong to her children.
I also give at my death unto my son-in-law, John Hadden, the sum of one hundred dollars to dispose of as he pleases.
I also give at my death unto my son-in-law, John Hadden, in trust for the children of my deceased daughter, Nancy Hadden, viz Newton, Polly Ann, Jane, Thomas and John, all of them children of my said daughter, the sum of five hundred dollars in just and lawful money. Said money is to be loaned out into good hands and as the children become of age or marry they are to be paid their proportionate part, share and share alike.
I also give at my death unto my son, Jefferson Williams, for and during his natural life, two hundred and fifty acres of land in the county of Jefferson, granted to myself and joining the Warren line on the headwaters of Duharts Creek. I also give unto my said son, Jefferson, during his lifetime, two hundred acres of land, more or less, of a tract of land granted to my brother, Miles Williams and myself for seven hundred acres, more or less. The part given him is to be bounded by a hollow running through said tract, beginning at the head of Briey Branch. I also give and bequeath at my death unto him the said, Jefferson Williams, for and during his life one other tract of land containing thirty acres, more or less, which I bought from my brother, John B. Williams, lying in the fork of Duharts Creek and Breny Branch. It is furthermore my will and desire that at the death of my son, Jefferson Williams, all of the above described lands revert to and belong to his youngest surviving child. I also give and bequeath unto my son, Jefferson Williams, for and during his natural life, a Negro man (a slave) named Stephen about thirty-three years of age, and at the death of my said son, Jefferson, then to revert and become the property of the second youngest child.
I also give and bequeath unto my son, Simeon Williams, at my death a tract containing one hundred and eighty acres, more or less; it being a part of a tract of land granted to William, being for three hundred acres; one other tract of land granted to myself for forty acres, more or less, lying above Vining tract and joining it; also one other tract of land containing one hundred and sixty-five acres upon which he now lives; it being the land I bought from the estate of William Hannah. I also give and bequeath at my death unto my said son, Simeon Williams, a Negro man (a slave) named Charles about twenty-three years of age. All of the above described land and Negro, I give unto the said Simeon Williams at my death in fee simple.
I also give and bequeath at my death unto my son, James M. Williams, a tract of land containing three hundred acres, more or less, known as the Pitman land on the waters of Rocky Comfort in the county of Jefferson. I also give unto my said son, James M. Williams, at my death a Negro girl named Harriet (a slave) about thirteen or fourteen years of age. The above tract of land and Negro girl, Harriet, I give unto my said son, James M. Williams, and all the future increase of said girl, Harriet, in fee simple.
I also give unto my son-in-law, Joshua Williams, after my death the sum of twenty-five dollars in just and lawful money to dispose of as he pleases.
I also give and bequeath at my death unto my daughter, Polly Ann Williams, wife of Joshua Williams, the sum of seventy-five dollars in true and lawful money to dispose of as she pleases.
I also give and bequeath at my death unto John Hadden in trust for the children of my daughter, Polly Ann Williams, which she now has or may hereafter have by the present or future husband the sum of four hundred dollars to be loaned out and the interest to go to the benefit of her children until the youngest child becomes of age and then to be equally divided between her children. I also give and bequeath at my death unto John Hadden in trust for my daughter, Polly Ann Williams, a Negro boy named Squire (a slave) about twelve years of age to be hired out and the money to be paid yearly to my said daughter, Polly Ann, and at her death said Negro boy, Squire, is to be sold and divided equally among the children of said Polly Ann Williams.
I also give and bequeath at my death unto my grandson, Franklin Williams, son of Lawson Williams, a tract of land containing three hundred acres, more or less, it being an eighty acres survey made by Robert P. Thompson and a part of the Graves land lying below Persion Branch and Persiomon Pond. I also give and bequeath unto my grandson, Franklin Williams, son of Lawson Williams, a Negro boy (a slave) named Soloman about twelve years of age. The above described three hundred acres and Negro boy, Soloman, I give unto my said grandson, Franklin, at my death in fee simple.
I also give and bequeath unto my grandson, Thomas Williams, son of Lawson, at my death two hundred and twenty-eight acres of land, more or less, lying on the east side of Duharts Creek, which land I bought from Thomas McKigney and Robert P. Thompson. The above described land of two hundred and twenty-eight acres I give and bequeath at my death unto my said grandson, Thomas Williams, son of Lawson.
I give and bequeath at my death unto my grandson, John Williams, son of Lawson, a Negro boy named Green about two years old to have and to hold at my death in fee simple.
I give and bequeath unto my granddaughter, Nancy Williams, daughter of Lawson, a Negro girl (a slave) named Louisa about eleven years of age and her increase to have and to hold at my death in fee simple.
I also give and bequeath at my death unto my granddaughter, Pauline Jane Williams, daughter of Lawson, a Negro girl (a slave) named Rose about six or seven years of age. The above Negro girl, Rose, I give unto my said granddaughter, Pauline Jane, with the future increase of said Rose after my death in fee simple.
I also give unto my granddaughter, Sarah Emaline Williams, daughter of Lawson, at my death a Negro girl, America, about six years of age with her future increase to have and to hold in fee simple.
I also give at my death unto my grandson, Madison Augustus Williams, son of Lawson, a Negro boy (a slave) named Dawson about six months old, unto him the said Madison Augustus at my death. The above Negro boy, Dawson, I give unto him the said Madison Augustus at my death in fee simple.
I also at my death give and bequeath unto my grandson, Thomas Williams, son of Lawson, a Negro girl (a slave) named Pharibe about four years of age to have and to hold at my death in fee simple.
I also give and bequeath at my death unto my grandson, Simeon, son of my son, Simeon, a tract of land containing one hundred acres, more or less, known as the Varner land, and I also give him one other tract of land containing one hundred fifty acres of land, more or less, which I bought of Robert I. Pugesly and thirty acres that I bought from Sidney Pugesly, all lying and joining. I give the three tracts or parcels of land unto my said grandson, Simeon Williams at my death in fee simple.
I also give and bequeath at my death unto my grandson, William Williams, son of Jefferson Williams, a tract of land containing three hundred acres, more or less, lying in Warren County it being the upper part of the Graves land. The above described portion of the Graves land I give and bequeath at my death unto my said grandson, William Williams in fee simple.
I also give and bequeath unto my grandson Andy Williams, son of Madison Williams, at my death a tract of land containing three hundred acres, more or less, lying between Indian Creek and the county line in Warren County running from Persimon Branch up Indian Creek to the first deep hollow above the Peney wood head, then to the county line. The above described land I give unto him, my said grandson, Andy Williams, at my death in fee simple.
XXVIII. It is furthermore my desire and will that at my death the balance of my stock of
horses, cattle, sheep and hogs together with the corn, fodder, cotton and meat, after leaving a support for my wife, Mary Williams, for one year and Lawson Williams, shall be sold, and after paying all my just debts and legacies, the balance, if any, arising from the sale of said ----------my daughter, Sarah Ann Little, my son, Simeon Williams, my son, Jefferson Williams and my son, Madison Williams.
Furthermore it is my will and desire that for and in consideration of the faithfulness of a Negro woman (a slave) named Creasy, I give and bequeath her unto my son, Lawson Williams, and request him to give her the use and profit of her labour and in the event of her becoming helpless and then to take good and special care for her.
Now, having finished this my Last Will and Testament and having full faith and confidence in the probable skill and ability of my sons, Simeon Williams and Lawson Williams, and my son-in-law, Robert Stephens, do and by virtue of this my Last Will and Testament appoint. In testimony I have hereunto set my hand and seal this the ninth day of January eighteen hundred and fifty-one.
James Williams
The word (law) was interlied previous to signing on 9th page, 29th line.
.Signed in Presence of:
John C. Harman
James W. McKigney
James McKingney
State of Georgia ) In the Ordinary Court of Said County
Jefferson County ) July Term 1854
And now at this term, the will of James Williams being brought before the Court for proof in solemn form; Richard F. Manson, Reddick McDaniel, Joshua Williams et al heirs at law of said testator, comes and enters their caveat against the proof thereof upon the following grounds to wit -
That the said James Williams at the time of making said pretended will was not of sound disposing mind and memory.
That said James Williams was at the time of the making said will under the undue influence of Lawson Williams, the principal legatee in said will, and the said will was the result of said undue influence exercised by said Lawson Williams principal legatee as aforesaid.
That the mind and memory of said testator was extremely imbecile and weak at the time of the making said will, and easily could be influenced by the unlawful intermidly of said Lawson Williams and was so influenced and controlled by said Lawson Williams and other in his interest. All of this the said cavetors are ready to verity when they pray the judgment of the Court.
That the said testator was imposed on by said Lawson Williams and induced to exclude nearly all of his children from a just participation in his estate, by reason of false and fraudulent representations of the conduct of said children and of their feelings towards the testator. The said Lawson represented them as vicious and as unkind and disrespectful towards the testator.
R. Wright
Att pro Cavetors
Signed Jan 9, 1851
Probated July, 1854
Jefferson Co.Page