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October 2, 1830 Elbert County Georgia In the name of God Amen. I William Haley of the County aforesaid being of sound mind and disposing memory but weak in body and calling to mind the uncertainty of human existence and the certainty of death have thought proper to make and ordain this my last will and testament, in manner and form following; to wit, as touching my Spiritual Concerns, I resign my mortal body to its Mother Earth from whence it came, to be buried in a decent manner at the discritation of my executors herein after named, and my immortal Soul to God who gave it trusting in the merits of my Redeemer for the remission of all sins, and as touching my worldly Estate which it hath pleased God in his great goodness to bless me with, I give and dispose of in the following manner, to wit, Item 1st; Let all my just debts funeral and burial expenses be paid, Item 2. I give and bequeath to my beloved wife Mary Haley the whole of my Estate Real and Personal for her use and benefit to have, manage and control during her widowhood with liberty of giving off to any of my children any part or portion of the property that she pleases, and when she pleases, except however one negro by the name of Jo and one hundred acres of land which will be herein after disposed of. Item 3rd, I give and bequeath unto John Haley and Jesse Cash as trustees for Thomas Haley, my son, one negro by the name of Jo to and for the express use and benefit of my said son Thomas, but said negro to remain in the possession of my wife Mary during her widowhood. Item 4th I give and bequeath to sons John Haley, Thomas Haley and my son-in-law Jesse Cash all that tract or parcel of land supposed to contain four hundred acers more or less known by the name of my River Plantation, to share equally between the three. The part of Thomas to be vested in John Haley as trustee aforesaid. This land they are to have at the death of my wife or when she marrys. Item 5th I give and bequeath to Jesse Cash trustee for Ritter Adams my daughter and her children, one hundred acers of land to be run off of the upper part of the tract whereon I now live, it being the place now rented out to James J. Daniel. Item 6th It is my will and I do hereby declare it to be so that when my wife Mary dies or marry that the whole of my Estate, Real and Personal together with the income be appraised and put into lots as near equal as possible and be drawn for and equally divided between James B. Adams, Jesse Cash trustee for Ritter Adams and her children, the children of Henry Mann by my daughter Sally is now deceased, The children of Easton Fortson by my daughter Tabby, Benajah Teasley in right of his wife Lucy, John Teasley in right of his wife Betsy, the children of Thomas Lane dec'd; to wit, John Lane and Eliza Fortson one share. James Haley, Jese Cash, John Haley, and Thomas Haley also Jesse Cash as trustee for Reuben Haley, all to share and share alike, except John Haley, Thomas Haley and Jesse Cash who are not to have any share of the balance of my Real Estate, having given them in my fourth item as much of my Real Estate as they are to have, but to share equally with the rest herein named, of the Personal Property. Item 7th It is my will that when my son Thomas Haley dies that the whole of the property real and personal of the said Thomas herein given to John Haley and Jesse Cash as trustees for the said Thomas Haley, shall be and remain vested in the John Jaley and Jesse Cash, their heirs and assigns forever and be equally divided between them, the said John and Jesse. Item 8th In my second item I have given my wife Mary leave to give off property when she pleases to my children, be it expressly understood that when she gives off any property the same must be valued by compantant judges and those to whom she gives it must account for the valuations thereof upon a division of my Estate and that she must not give off to any one more what would be their proportional share. Item 9th I do hereby constitute and appoint my son John Haley, Jesse Cash, John Teasley, my executors to this my last will and testament, hereby revoking all others and ratifying and confirming this and this only in testimony whereof I have hereunto set my hand and seal this second day of October 1830. Signed, sealed and acknowledged before us and by us witnessed and subscribed at the request of the Teastor, the will being first read to the Teastor. Benjamin Houston James W. Harris William Crawford Francis Gaines William (his X mark) Haley SEAL An inventory and Appraisment of William Haley's Estate, February 8, 1831 is recorded on page pages 310, 311, 312, and 313 of Elbert County Will Book N (1828-1831). His Estate was valued at over $6,500.00. |