WILL OF MRS. MARY WHIGHAM
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WILL OF MRS. MARY WHIGHAM
(Will Book A, page 374)
MADE September 17,1852
PROBATED January 9, 1854
State of Georgia: County of Jefferson} In the name of God Amen. I Mary Whigham widow of William Whigham late of said county & state Deceased being advanced in life and calling to mind the certainty of Death do make and ordain this my last Will and Testament in manner and form following to wit.
First, I commend my Soul to God who gave it & I trust has redeemed it & my Body to its Mother Earth to be buried plainly and decently in the family burying Ground and what few Goods chattes and effects with which I am Blessed by a kind Providence I dispose of as follows:
Item Second - To my Daughter Margaret G. Fleming I leave one Feather Bed to be delivered to her after my Death by my Executor & Trustee hereafter named -
Item Third - To my Son William P. Whigham I leave in special trust for the use and benefit of My Daughter Asenth E.Arrington wife of Abner Arrington and her Children who at present reside with, and take care of me after my Death my negro Woman named Darcus & any issue of said Woman Darcus that may be, for the special use and benefit of my said Daughter Asenith E. and children and also whatever Household and Kitchen furniture, Stock of Cattle and hogs, plantation tools etc. that may be in my possession at my Death with the exception of the feather bed left my Daughter Margaret G. Fleming.
Fourthly. For the purpose of carrying this my said last Will and Testament into complete effect I hereby constitute and appoint my son William P. Whigham Executor as well as trustee for said Purposes.
In testimony whereof I have hereunto set my hand and affixed my seal this Seventeenth day of September 1852.
Mary Whigham
Signed sealed and acknowledged and declared by said Testator before us subscribing witnesses the date above mentioned to be and contain her last Will and Testament.
Enoch Farmer
William J. Whigham
Robert J. Lee his X mark
Georgia: Jefferson County} Court of Ordinary, January Term 1854. Before me Nicholas Diehl Ordinary of said in open court personally came William P. Whigham Executor of the last will and testament of Mary Whigham late of said county deceased and produced before me the last will and testament of said Mary Whigham deceased and two of the witnesses of said will to wit: Enoch Farmer and Robert J. Lee who being duly sworn depose and say that they saw Mary Whigham the testatrix sign, seal, declare and publish the instrument now presented and hereto attached as her last will and testament, freely, voluntarily and of her own accord and without any compulsion or influence whatever at the time of the execution of the said will, said testatrix was of sound and disposing mind and memory, that deponent - together with William J. Whigham in presence of each other and of testatrix and at her request signed said Will as witness. Sworn to and subscribed before me this ninth day of January 1854 in open court; Nicholas Diehl, Ordinary.
WILL OF DR. DAVID A. LOWERY
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WILL OF DR. DAVID A. LOWERY
(Will Book A, pages 299-301)
MADE July 17, 1845
State of Georgia, Jefferson County, July 7, 1845
In the name of God, I Alexander Lowry of said State and County, being advancing in years and knowing that I must shortly depart from this World, deem it right and proper, both as it regards myself and family, that I should make a disposition of the property with which a kind providence has blessed me. I therefore make this my last will and testament, hereby revoking and annulling all others heretofore made by me-
Item first- I desire and direct that my body be buried in a decent and Christian like manner, suitable to my circumstances and condition. My soul I trust shall return to rest with God who gave it, as I hope for eternal Salvation through the blessed Lord and Saviour Jesus Christ whose religion I professed and as I humbly trust enjoyed for many years-
Item Second- I desire that all my just debts be paid by my executors as soon as possible, as I am unwilling my creditors should be delayed of their rights, especially as there is no necessity for much delay-----
Item third- I give and desire after my just debts are paid to my beloved wife Elizabeth Lowery for and during her natural life or widowhood my Spring Hill Plantation on which I now reside and what is thereon, meaning Land and negroes, stock, plantation tools, house and kitchen furniture, carriage and horses, corn and fodder, in short as the plantation stands at my decease, as I have said for and during her natural life or widowhood, and said plantation to be kept up and used on in the same manner as it would be were I living and I direct that my Wife shall support said plantation and bear the expenses thereof and to have all the proceeds of the crops coming therefrom to her own use and comfort, also all my papers, meaning my notes and accounts due me at my decease, provided she pays to my Sisters, Mary Galloway and Susannah Boyd in South Carolina, the Legacy I left them in money hereinafter to be Mentioned- Also the five dollars legacies hereinafter to be mentioned to my relations.
Item Fourth- In case of my beloved Wife's death or marriage, I direct as a fair division of my Estate to take place as prudence directs, becoming to Law and my beloved Wife to have one half of said estate to be disposed of by Will or otherwise as she things proper, and the other half being my disposable half to be divided among such of my relations as will hereafter be mentioned, meaning that my half of the negroes to be divided not sold and the balance of the property sold if ___ and the money arising therefrom to be divided among my nephews and nieces in the manner herein after to be mentioned to my relations.
Item Fifth- I give and bequeath to my own dear sister Mary Galloway in South Carolina one thousand dollars in money to be paid from the proceeds of my estate before the division, as soon as can be conveniently, so as not to disturb the comfort and quite of my beloved wife.
Item Sixth- I give and bequeath to my own Dear Sister Susannah Boyd of South Carolina one thousand dollars in money to be paid from the proceeds of my estate before division of the estate takes place as soon as can be conveniently collected or obtained, so as not to disturb the comfort of my beloved wife, for her own use and comfort and at death of said Susannah boyd, to descend to or go to her son Joseph Alexander Boyd -
Item Seventh- I give and bequeath to my brother James Lowry five dollars-
Item Eighth- I give and bequeath to my brothers children, now living in the state of Mississippi five dollars to each child, the same that I would give my brother William Lowry were he living I now and bequeath to his children-
Item Ninth- I give and bequeath to my brother Robert Lowry's children five dollars each, the same that I would give him were he living----
Item 10- I give and bequeath to my brother John Lowry's children in South Carolina five dollars each, the same that I would give him the said John Lowry deceased were he living-
Item 11- To James Robert Alexander Lowry youngest son of my brother Rev. Joseph Lowry deceased- the one half of my half of the Spring Hill disposable estate and property real and person, the negro property to be divided not sold desiring him to be liberally educated and have a profession shhould he have a turn or capacity for the same out of the portion left him by his Father Rev. Joseph Lowry.
Item 12- I give and bequeath to Josephine Amanda Lowry my brother Joseph's daughter after the death of my wife, the one fourth of my half of the negro property, and the one fourth of my half of the disposable property of the Spring Hill estate, and it is desirous if agreeable to my beloved wife to Superentend and take the elivection of her education and to live with my wife as her home and remain with her (?)ill separated by death or marriage-----
Item 13- I give and bequeath to my brother Joseph Lowry's children now unmarried Viz. David, Lydia, Georgiana, Elizer Lowry after the death of my wife the one fourth of my half of the negro property to be divided equally among them as possible and to have no other part of the Spring Hill property.
Item 14- I give and bequeath to William S. Lowry, Jane Darley, Agnes Lewis and Sarah Patterson and Susannah Trimble my brother Joseph's children the one fourth of my half of the Spring Hill Estate, meaning the one fourth of the proceeds of the Spring Hill Land, mules, corn fodder, furniture and plantation tools be not including negro property, which takes up all the Spring Hill estate-
Item 15- I give and bequeath to my affectionate Stepson William A. Stokes after the death of his mother and not before Woman Lophy and her children being the wife of his man Jeremiah- Also the part of the Bothwell Land Viz. A line drawn from the line below the Concord Church Spring including the spring up the hollow or valley on this side of the hill on which I intend to build on for him till it strikes the first crop line on the Parson land on his own land on the east including the spring and Concord Church to have and to hold said land forever.
Wood Lawn Property
Item 16- I give and bequeath to David P. Lowry son of Revd. Joseph Lowry man Sam, Sophy and Carolina and John and my third of the mules, stock of Cattle, Hogs and plantation tools-
Item 17- I give and bequeath to my beloved wife Eliza and her family to be given to any one or more of my nieces she may thing proper or the most friendly and deserving and as she may thing proper after my decease.
Item 18- I desire the Wood Lawn Place which I got from William R. Lowry to be affected for sale and I will and desire Mary A. Lowry to have the refuse of it at a fair valuation if she desires it- And the one half of the pieces give and bequeath to Mary Agness Lowry and the other half of the valuation thereof to be equally divided between my brother Joseph's daughters-
Item 19- I will and desire that the oaken grove place 287 1/2 acres more or less which I got from the estate of Lydia Crafton through Col. Gamble Trustee of said estate for six hundred and seventy six dollars- I will and desire that Elizabeth R. Lowry shall have the refusal of it at the above price which I paid for it if she wished it with interest from the purchase of it, and the one half os said $676 dollars with the interest becuring I will and give to said Elizabeth R. Lowry once the other half of said piece of land I give and bequeath to my brother Joseph's daughters to be equally divided among them, to share and share alike having it distinctly understood that the burying ground of said oaken grove place is excepted vix. One half acre of land and a lane 20 feet wide from the half acre or burying ground to the public road as an admission and exit from said burying ground which burying ground I reserve, desire it as a burying ground for the families forever.
Item 20- I give and bequeath to my beloved wife the machine Tompkins place as it is called, desiring her to give the refusal of it to my niece Elizabeth R. Lowry at a fair valuation, and to give the piece of the same to any of my brother Joseph's children she may think the most wordly as deserving of the same-
Item 21- I give and bequeath to Alexander Murphy, son of John Murphy now living in Hamilton Heirs County- my (?) see plat and grant as his right from me forever containing 202 1/2 acres more or less-
Item 22- I give and bequeath to my beloved wife Elizabeth Lowry my Meriwether tract of land containing 202 1/2 acres more or less desiring her to have it sold and appropriated in part paying the above leaceses.
Item 23- I will and direct after my decease that the notes and judgements I now hold against William R. Lowry over and above the amount of property I got from him stand null and void forever.
Item 24- I do declare the above probation of this my last will to my beloved wife E. Lowry includes her down or stands in line of a dower-
Item 25- I give and bequeath to Joseph Lowry Patterson, son of Robert and Sarah Patterson half of Habushare (Habersham?) tract of land containing 250 acres more or less as his right from me forever, to be sold by his father if he thinks proper and appropriated to his use hereafter.
Item 26- I will and direct that should any difficulty occur or any error appear not reconcilable by the Legalecy (?), I direct no litigation shall take place, but must be if possible compromised by my executors as they are sworn disinterested, judicious, enlightened men appointed by the court.
Item 29- I direct that this my last will shall not be recorded till after my death- I hereby desire and appoint Capt. Ebenezer Bothwell, Robert Boyd, Esq., William S. Lowry and my beloved wife Elizabeth Lowry as my lawfull executors to this my last will and testament-
We the undersigned were present and saw Alexander Lowry sign his name to this paper.
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