WILL OF RICHARD J. BROWN


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WILL OF RICHARD J. BROWN
(Will Book A, page 364)
MADE April 29, 1855
PROBATED August 6, 1855
Georgia: Jefferson County} We James J. Brown and Samuel A. Denny, Lucius Q.C.D. Brown, Augustus J. Pugesley and A.Whigham were present on the Twenty ninth day of April in the year of our Lord Eighteen hundred and Fifty Five at the residence of Richard J. Brown before and at the time of his death some few hours before his death in perfect possession of his mental faculties he called upon us to remember and take notice of what he was about to say. He stated to us that it was his desire that James J. Brown and Samuel A. Denny should attend to his business after his death and that he would be as short as possible in order that we might understand what he desired he wished us to understand that his Will and desire was that his property both real and personal should be equally divided between his wife Eliza Brown and his children Elizabeth J. Brown Burrell J. Brown, Louisa Brown, Sarah F. Brown, Martha Brown and Richard J. Brown. He further said it was his will and desire that his Son Burrell J. Brown should have his horse.
And his Son Samuel D. Brown should have his watch besides equal shares in his other property with the other Children and if any of them died without children his or her part to revert back and be equally divided among the other children. And he further said it was his Will and desire that his property should come of age and called for his or her share of the property. August 6 1855
James J. Brown
Saml A. Denny
Lucius Q.C.D. Brown
A.T. Pugsley
A.F Whigham


WILL OF WILLIAM WHIGHAM
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WILL OF WILLIAM WHIGHAM
(Will Book A, pages 329-331)
MADE May 3, 1848
PROBATED May 5, 1851
Georgia
Jefferson County} In the name of God, Amen. I William Whigham of the State and County aforesaid, having arrived at a pretty advanced age, but possessed of sound mind and memory for which I am grateful to my supreme Sovereign, do make this as my last will and testament hereby revoking all former wills which may have been at anytime heretofore made by me touching the distribution of my earthly possessions with which I have been entrusted I dispose of the same as follows: First- I give derise and bequeath unto my wife Mary Whigham for and during her natural life one tract of land to be admersued(?) and laid off of my Plantation so as to contain two hundred acres embracing the houses, estnding out the best advantage for farming purposes and in such shape and form as to be as little disadvantage to the tract which I hereafter leave to be sold, the same to be a home for my wife and my daughter Apenith so long as she desires to remain and also a home for my Grandchildren the children of Sarah Anderson and afterwards Sarah Poland. I also give her one horse and buggy the horse called Wallace, the same to be for the mutual use and comfort of my wife and daughter aforesaid so long as they remain together and at the death of my wife the same to belong to my daughter Apenith. I also give her a sufficiency of provisions for the family if on hand for one years support. Two cows and calves and a portion of stock hogs with a sufficiency of household and kitchen furniture to keep house upon and a sufficiency of Plantation tools to farm with and one negro woman by the name of Darcus.
Second- I have already given to John W. Whigham one tract of land known as the King Place if the writing given him is not sufficient to give him a good title to the same. It is my desire by this will to make the same perfect he has also had a horse and 3 cows and calves and provisions, etc.
Thirdly- I have given to Thomas Whigham two hundred and fifty acres of land of the Donaldson tract with a horse cattle, etc. and if any thing is imperfect in said I desire the same to be made perfect by this instrument.
Fourthly- I have already given to Nathan K. Whigham the land I bought of Joseph Whigham known as the Fleeting Tract containing two hundred and fifty acres more or less and one hundred acres adjoining the same on the south side to be added out of from the Varner and Hannah tracts so as to embrace water for the benefit of his stock and also I have given him a horse and a negro man by the name of Bob. I now give him two cows and calves, 2 beds and furniture. And if to be spared a portion of provisions to start upon the first of the year after my death.
Fifthly- I have already given to William P. Whigham one tract of land purchased by me of Col. Thomas Whigham containing five hundred acres more or less and one hundred acres to be added adjoining said place and John W. Whigham and Mrs. Bigham land and I have given him instead of a negro eight hundred dollars also a horse and three cows and calves.
Sixthly- I have heretofore given to Jane Denny a horse and saddle 3 cows and calves and a negro girl by the name of Charity her and her increase is in her possession and the title to the same if heretofore imperfect I desire by the execution of this instrument to make perfect.
Seventhly- I have given to Margaret G. Fleming a negro by the name of Sarah and her and her increase if the title be imperfect is now perfected. I have also given her a house, 3 cows and calves.
Eightly- I have already given to Sarah Anderson and afterwards Sarah Poland one horse saddle and bridle and four hundred and fifty dollars in cash instead of a negro.
Ninthly- I give devise and bequeath unto William P. Whigham in special trust and confidence for the sole and separate use of my daughter Elizabeth Clarke during her life and not to be subject to the debts contacts or liabilities of her husband and at her death to her children in fee simple if no children the same to go to and be equally divided between all my children and representatives of children the following property to wit: one negro woman by the name of Grady and her two children Lesat and Margaret and their future increase. I have already given her 3 cows and calves and a horse. I give and devise and bequeath unto my son William P. Whigham in special trust and confidence for the use support and maintenance of my daughter Apeneth E. Whigham, during her life and if at her death she has any children of representatives of children the same to rest in them in fee simple if no child or representative the same to go to and be divided among my children and their representatives in case they are dead the following properties to wit: three negroes Phillis and her child Sarah and Berry a boy, my bay colt, Jim, two beds and furniture and the chest known as her chest with the contents thereof, bedclothes, etc. and two cows and calves when called for also at the death of my wife Mary Whigham the tract of land which I have given her during her lifetime also one table and sideboard.
Tenthly- I give and devise unto my Granddaughter Mary Jane Anderson one bed and furniture.
Eleventhly- I desire my four negroes Jim, Hannah, Dan and Pris to be sold privately or publicly by my executors as they deem to the best advantages of my estate and the welfare of the negroes also the rest and residue of my real estate also any surplus corn, fodder or provisions of any kind stock or furniture which may be on hand at my death after the portion set apart for my wife and son Nathan and daughter Apenith set their legacies be sold and the same after the payment of my debts to be equally divided between John W. Whigham, Thomas Whigham, Margaret G. Fleming and my grandchildren, children of Sarah Anderson and afterward Sarah Poland. If a lawsuit now pending in Alabama should be determined against her (Mary Jane Anderson) I desire the one half of the Fourth allowed my grandchildren to go to her and the other half to the Poland children if in her favor to them all equally and should the sum to go to the form legaties to be raised from the sale of my property amount to eight hundred dollars each and any balance be left and remaining over and above that sum the same to be equally divided between my children and their representatives. I desire old Bob and Nancy to remain on my place and if they become expence before their death I desire all legatees to contribute to their support.
Lastly, I hereby nominate and appoint my sons Nathan K. Whigham and William P. Whigham executors to this my last will and testament.
William Whigham
Signed Sealed and published declared by William Whigham the testator to be his last will and testament in the presence of us the subscribing witnesses who have subscribed the same in the presence of said testator and in the presence of each other this 3rd day of May 1848.
James T. Bothwell
Robert J. Pendry
Enoch Farmer
State of Georgia
Jefferson County} Before us in open court personally came Nathan K. Whigham and William P. Whigham executors of the last will and testament of William Whigham late of said county deceased and produced before us the last will and testament of said William Whigham deceased and two of the witnesses of said will to wit: Robert T. Pendry and Enoch Farmer which witnesses being duly sworn, deposed and say that they saw Whilliam Whigham the testator sign, seal, declare and publish the instrument now presented, as his last Will and Testament, freely, voluntarily and of his own accord and without any compulsion or influence whatever; that at the time of the execution of the said Will said testator was of sound and disposing mind and memory, that deponent signed the said will as witnesses in the presence of the testator, and at his special instance and request and in the presence of each other.
Robert J. Pendry
Enoch Farmer
Sworn to us and subscribed before us this May 5th, 1851
Sherod Arrington J.D. Ct.


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