Floyd County - Will of Elizabeth Davis Cabaniss

                                                                                 







Submitted By: Myrl Ross

Elizabeth Davis, dau of William Davis of Jones County, GA married 1)Reuben Bennett and married 2) Henry Benjamin Cabaniss.

State of Georgia

Floyd County Book A pp 441, 442, 443, p 278.

WILL OF ELIZABETH CABANISS, widow of Henry Benjamin Cabiness

In the name of God, I, Elizabeth Cabiness believing in a Supreme Being, and that it is appointed for all to die, and being of a sound disposing mind do make this my last will and Testament. To Wit

1st I will that all my debts shall be paid and that my body shall be buried in a style suitable to my condition in life.

2nd I will and bequeath to my daughter Mary Merritt that portion of lot No 208 of the 23rd District of the 3rd section of originally Cherokee now Floyd County on which I now reside, lying on North side of the road leading from Rome to Calhoun and on the west side of a cross fence as it now stands commencing at a point on said road near a ditch in the hollow between my residence and the residence of Thos G Watters and __in a north direction until it strikes the land now occupied by James F Griffin, excepting such portions as may have been sold off to Green T Partin and Mitchell Johnson together with that portion of the woodland on said lot now lying on the South side of said road in the South west corner of said lot and between said road and the road leading from said road and Mrs Esther Ligons place as will as the little open field lying opposite the brick yard together with all the personal property. I may possess at my death, (with the exception of two bedstead, bedding and bed clothes) to have and to hold all of said property for her own use and benefit during her , said Mary Merritt, natural life and at her death to go in fee simple to her son William O Merritt, my grandson provided my said grand son William O Merritt shall remain with his mother or shall take proper care of her during her life, he to control the aforesaid property.

3rd I will and bequeath to my grandson Reuben W B Merritt the four hundred dollars which I have heretofore loaned him, together with that portion of said lot of land No 208 lying east of the aforesaid cross fence and north of said road running from Rome to Calhoun now enclosed in one field containing about fifteen acres more or less.

4th I will and bequeath to my grand daughter E Louisa Anderson (the wife of John Anderson) and James W Merritt, all the balance of said lot of land not heretofore and above disposed of to be equally divided between them to share going to my said grand daughter to be held by her said husband John Anderson in trust for her sole and separate use during her life and at her death to be equally divided between her children which she may have.

5th I will and bequeath to my grandsons William O Merritt and James W Merritt each a bed and bed clothes with bedstead mentioned in item 2nd of this will.

6th I will and bequeath to my daughter Mary Merritt, and my grand children E Louisa Anderson (to be held as directed in item 4th) William O Merritt and James W Merritt, the notes which I hold on E M Johnston for three hundred dollars and on Green T Partin for three hundred dollars, to be equally divided between them in four shares, as well as one hundred dollars now owing to me by a Mr. Willington as Executor of Charles Grisom deceased together with the interest on account of said ___ which may __ thereon.

7th I will and bequeath to my grandson Reuben W B Merritt the forty Dollars together with the interest thereon which is due for a lot of land sold in Polk County, GA.

8th I hereby constitute and appoint Absolom B Ross, the executor of this my will and testament.

In witness whereof I have hereunto set my hand and affixed my seal in the presence of Jobe Rogers, E M Johnston and Daniel S Prentess (?) who witness this the execution of this my last will and Testament. This the 2nd day of December 1858.

Signed sealed and acknowledged in the presence of us and we have signed the same in the presence of the testatrix and in the presence of each other

Jobe Rogers
E M Johnston
Elizabeth Cabaniss
Daniel S Prentess



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