Forsyth County - Probate & Wills

Probate & Wills

Abstracts of Wills probated between 1858 and 1889
Submitted by Brenda Webb

Will of Peter Bennett   Dated Oct 27th 1876 Forsyth Co., GA
wife: Anna Bennett
son: James M Bennett
son: William N Bennett
dau: Sarah F Williams wife of William P Williams
dau: Mary E Harris wife of Milington Harris
dau: Lucy V Hawkins wife of William T Hawkins
dau: Theodosa Williams wife of John Williams

Executors: son  James M Bennett, son-in-law William T Hawkins
Witnessed by: F. M. Hawkins, H.C. Kellogg, H. N. Bently.
Probate: May Term 1878


Will of William Wallis   Dated May 28th 1885in Forsyth Co., GA.
Wife: Eliza Wallis
Sons: David Wallis, Jesse J Wallis, John M Wallis, Harvey C Wallis,
David Wallis, Henry C Wallis, William J Wallis, George L Wallis.

Daughters: Nancy A/H Martin, Eliza J Garmon.

Heirs of son James Wallis deceased:
William L Wallis, James R Wallis.

Friend .. executor of Will : Thomas A Hardin
Witnesses:  R. N. McClure Jr., G. C. Whitmire, Jeremiah Winn.
Filed in office for probate in Solemn form Aug 3rd 1885
Recorded Aug 14, 1885


Will of William E Mills     DatedMarch 8th 1862  Forsyth Co., Ga
Probate March 2nd 1863
Father; Isaac E Mills


Will of William Hendrix   Dated  23rd DayAug 1858  Forsyth Co., Ga
Wife; Rody Hendrix
Daughter; Milly C Thornton
Sons; Julius J Hendrix, Mansell M Hendrix, William G Hendrix, Isaac G/S Hendrix
Probate; 6th Apr 1863

William Hendrix located in 1850 Census Forsyth Co., GA  Dwelling618,
Census Has: William Hendrix age 54, Elizabeth age 46,
Julious T. age 17, Mansell M. age 15, James T. age 13,
William G. age 11, Samuel J. age 7.


Will of William G Merrett   Dated  7thMarch 1862  Forsyth Co., Ga
Probate Jan 1863


Will of Sarah McGinnis  Forsyth Co., Ga
Died: 26th Nov 1868
Executor of Will;  William D Bentley.
Sons; Stephen W McGinnis  (Living in California at time of Will)
Osborn McGinnis (Living in Forsyth Co Ga at time of Will)
James N McGinnis (Living in Murray Ga at time of Will)
Augustus "Justus" C McGinnis
Oliver McGinnis
Eliza M McGinnis (Living in Murray Ga at time of Will)
Daughters; Martha McGinnis wife of Sidney Rainwater,
Sarah Ann McGinnis wife of Jason C Harrison,
Narcissa E McGinnis wife of John L Blackstock,
Grandchildren;  Sarah B Blackstock daughter of Narcissa E and
John L Blackstock, Sarah A E McGinnis daughter of Oliver McGinnis,
Martha Armstrong daughter of John Armstrong and Sarah Armstrong


Will of James H Wills    Dated Dec 13th1862  Forsyth Co., Ga
Wife; Francis Angeline Wills
Cousin; Pleasant O Pitman
Sons; Andrew Polk Wills, Columbus Alvan Wills
Probate March 1863


Will of John Strickland  Dated 8th April 1863 Forsyth Co., Ga
Wife; Mary Ann Strickland
mentioned children
Probate August 1863


Will of Thomas M Jones     Dated 8thJan 1863  Forsyth Co., Ga
Wife; Lucinda
Children; John Henry Jones, Francis Marion Jones
Probate  Sept 1863


Will of Alston Phillips   Dated April 3rd1863  Forsyth Co., Ga
Wife: Mary
Children; Sarah F Phillips, John Wiley Phillips,
Mary E Phillips, infant not named.


Will of Nevell H Cochran    Forsyth Co.,Ga
Died 26 Dec 1863 in Forsyth Co Ga


Will of George K Sanford  Dated Dec 30 1862 County of Floyd, GA
Wife: Deceased  (Jane Roxanne Kellogg 17 Dec 1834-31 May 1860)
Daughter; Flora J (d. 1863)
Son; Henry Edwin Sanford (b. 1857 m. Julia Isabelle Woodliff)
Mentioned - his only two children. (other child -Truman Amzi d. June1860)
Mother; Jane S Sanford
Caroline Kellogg  (his mother-in-law)
Executors of Will;  Berryman Sanford and George Kellogg
Probate Jan 1865


Will of John Baily Dated 23 June 1864  Forsyth Co.,GA
Wife; Ruthy L Baily
Mentioned 3 youngest children and 5 married children.
Children; John W Baily, Albert P Baily, Margaret E Baily
Probate  Aug 1864


Will of Major L Morehead  Dated 5 May 1862 Forsyth Co., GA
Wife; Rebecca J Morehead
all my children"   Children not named.
Probate June 1864


Will of Beverly Allen   Dated 16th Oct 1864 Forsyth Co., GA
of Advanced age.
Wife; Sarah "Salle" Allen
Sons; John T Allen, Frederick L Allen
Daughters; Sarah A M Allen, Martha E Allen, Syntha C Allen
Executors of Will; William G Allen and Frederick L Allen
Probate May 1865

Located in 1850 Census Forsyth Co., GA at Dwelling 221
Located in 1860 Census Forsyth Co., GA at Dwelling 1181 Beverly age 62
Sarah age 62, Melviana age 26, Frederick age 24, Martha age 22, Cynthia age17.


Will of John Henry Burris   Dated Dec 1864 Forsyth Co., GA
Wife; Sarah J E Burris
Children; Adaline E E Burris, Robert B Burris, Christianna B Burris, EmalineC Burris
Oldest Son by my first wife;  Henry C Burris
Father; John Burris
Father-In-Law; John E Reeves of Hall Co.
Probate Oct 13, 1865
Located in 1850 Census Forsyth Co., GA at Dwelling 654 age 23 living withparents


Will of Francis M Cawly  Dated Oct 1863  ForsythCo., GA
Sisters; Elizabeth J Cawly, Viannah Cawly
Mentioned he had Five Brothers;  Henry P Cawly, James C/O Cawly
Only gave names of two brothers
Wrote Will before going to serve in Civil War
Probate Jan 1866
F. M. Cawly Located in 1850 Census Forsyth Co., GA Dwelling 39 age 15 with
Parents Cornelius & Elizabeth Cawly, sisters E J & Viannah.


Will of John Burruss  Dated 9 Feb 1861 Forsyth Co.,GA
Wife; Sarah W Burruss
Grandson; Henry Clay Burruss son of John Henry Burruss.
Daughter; Martha D Burruss  (married)
Sons; John Henry Burruss, Mark A Burruss.

Mentioned three son-in-laws; Josiah H Woodliff, Thomas W Hunt, Henry WBlake
Daughters: Mary Jane Burruss wife of Josiah H Woodliff,
Lucy Ann Burruss wife of Thomas Hunt,
Martha D Burruss wife of Mr Brooks,
Christianna Alexander Burruss  wife of Henry W Blake

under children mentioned; Samuela Bias Bell,
Probate May 1865

John Burriss: Located in 1850 Census Forsyth Co., GA at Dwelling 654
J H Woodliff & Mary J: Located in 1850 Census Forsyth Co., GA at Dwelling655


Will of John R Townly  Dated May 11 & 12th 1866(amended)  Forsyth Co., GA
Wife; Ceina F Townly
Sons and Executors of Will; Thomas Pinkny Townly, John James Townly,
Wily Simms Townly.
All over 21.
Two Deceased Sons - died without issue;
Balaam Jordan Townly and Joseph Warren Townely.
Daughters; Nancy Adaline (married with children), Hannah Jane (married withchildren)
Son Deceased - with issue ( 1 child) ; Jefferson Townly
Grandson; William Jack Townly son of Jefferson Townly (deceased)

Minor Heirs:  Benjamin Franklin Townly, William Henry Townly,
Stephen Anderson Townly,  Sarah Elizabeth Townly.
Probate  Dec 1866


Will of Sanford D Owens    Dated Feb 28th1866   Forsyth Co., GA
No Wife mentioned.
Mother;  Casander McGinnis wife of John McGinnis
Step Father; John Mcginnis
Three children - minors;  Mary R Owen, John H Owen, James A Owen.
Probate April 1866


Will of James D Creamer   Dated April 261862   Forsyth Co., GA
Wife; Rosetta "Rozety" H. Creamer


Will of W H Hendrix  Dated May 11, 1862  Forsyth Co., GA
Sister; Nancy B Hendrix - " I give my tract of land" Lot No 158,
80 Acres, 3rd Dist., 1st Section of Forsyth Co.
in which I now live". Also Lot 205 lying near Mt Falen  (Tabor?) Church,
surrounded by John Gilstrap, Harrison Summerour, and others.

Father;  W G Hendrix
Mother; Dicey J Hendrix
Brother; A G Hendrix
Appointed Nancy B Hendrix Executrix of Will.
Witnesses;  Alfred Webb, W W Harris, Claiborne Harris
Probate  April 1866


Will of Alexander "Alex" McAfee   Dated June24 1865  Forsyth Co., GA
Wife; Harriet S McAfee
Daughter; Margaret E McAfee
Son; John M McAfee
First Wife mentioned - no name given.
Nephew; Elijah C McAfee.
Named Executor's of Will;  Wife - Harriet S McAfee and Nephew - ElijahC McAfee.
Probate 25th April 1867


Will of Christopher Whitmire   Dated 12 July1858  Forsyth Co., GA
Wife; Nancy Whitmire - Appointed Executrix of Will
Witnesses;  John Baily, G W Smith, John Wllis.
Probate  20th April 1868.
Petition for Probate by Nancy Whitmire (wife)
testified Christoper Whitmire Died 14 Apr 1868.
Nancy Whitmire in poor health and not able to get to Court House
per John Wallis and G W Smith (relatives).


Will of Sampson Clayton   Dated 30 Jan1863   Forsyth Co., GA
Eldest Son;  Isaac Clemmons Clayton.
Daughter; Martha Elizabeth Burress.
Second Son;  Levi Ransum Clayton.
Filed; 20 Aug 1868
Probate; Oct 1868
Recorded; Nov 17 1868


Will of Charles C Jackson   Dated 5 March1863  Forsyth Co., GA
Persons mentioned;
Tyra Jackson
James W Jackson - deceased
John L Blackstock  - left him $5.00  (son-in-law ?)
David T Jackson
Martha E Terry
Senna Thompson
Rebecca Terry
John E Jackson
Frances Lows
Filed; July 1871


Will of Jesse Monroe   Dated Jan 27 1875 Forsyth Co., GA
Sixty years of age at time of Will.
First Wife;  Buried Holly Spring, Pickens Co., GA
Directed to be buried next to his first file at Holly Spring in Pickens Co.
Second Wife;  Mary
Son; Thomas Monroe
Daughters; Sarah Monroe wife of Mr Lovelady,
Martha Monroe wife of Mr Disheroon
Son deceased; Perry D Monroe - had children
Appointed Executors of Will; worthy friend  Andrew J Lovelady
and William P Holbrook.
Witnesses; James W Grogan, Elijah Roper, E B Moore.
Oath of Witnesses; 25th Feb 1875
Probate; 25th Feb 1875
Filed; 25th Feb 1875   W D Bently


Will of John Broadwell   Dated  Sept 1st1871   Forsyth Co., GA
Wife; Anne - "married about 38 years".
Daughter; Loucretia Wilkins wife of Smith Wilkins - without heirs at timeof will.
Son; John L Broadwell
Sister; Elizabeth Broadwell
Son; William Broadwell
Grandson;  William Broadwell son of John L Broadwell.
Appointed Friend William J Pirkle Guardian of
"the said sum of money, the person, and property of my
said Grandson William until he is twenty years of age"

Daughter; Lucinda C Williams  wife of John M Williams.
Appointed William J Pirkle executor of Will.
Witnesses; Alfred G Harrison, Minor C Clark, Lee Harrison
Filed in office;  by William P Pirkle 22nd Sept 1871   signedW D Bently
Recorded; Nov 4th 1871
Located in 1850 Census Forsyth Co., GA  Dwelling 716


Will of John G Lott    Dated Sept 4th1871  Forsyth Co., GA
Wife;  Mary M. Lott
Children;   Martin Lott - deceased,
Susan Lott wife of Mr Fincher
Lacy H Lott
Hosea Lott - deceased,
Therza Lott wife of Mr Nelson

Deceased Daughter; Maria Lott wife of Mr Monroe
Grandson & Orphan;   George Thomas Monroe son of Maria Lottand Mr Monroe.

other Daughters mentioned;   Mary L Lott wife of Mr Thompson
Lousa/Laura A Lott.

Grandson;  James L Fincher
Recorded; Nov 14, 1871


Will of George W Bell   Dated  May1871   Forsyth Co., GA
no wife mentioned
Son;  Augustus C Bell
Mentioned - "all my children'' - no other names.
Recorded 17th Nov 1871
Located in 1850 Census Forsyth Co., Ga at Dwelling 759


Will of Daniel A Garrett   Dated 9 June1869   Forsyth Co., GA
Wife; Charity
Youngest Son;  Daniel Newman Garrett
Daughter; Josephine Hendrix Garrett
Others Mentioned;   Hendrix Garrett
John S Garrett - Executor of Will
Jeptha Garrett
Jasper Green
Mary Powell daughter of Allen Powell.

Daniel A Garrett located in 1850 Census Forsyth Co., GA Dwelling 756
Hendrix Garrett located in 1850 Census Forsyth Co., GA. Dwelling 687


Will of Peter H Martin   Dated 13th Feb1873   Forsyth Co., GA
Deceased Wife;  Mary Martin -
Buried  Concord Baptist Church in Forsyth Co., GA.
Peter ask to be buried near his deceased wife at the above location.

Widowed Daughter;  Margaret Ellis

Deceased Son; Burdine Martin
Grand son & Orphan; John Henry Martin  son of Burdine Martin (deceased)
Grand daughter & Orphan ; Mary Elizabeth Martin
daughter of Burdine Martin (deceased)
" my grandson John Henry Martin and
my grand daughter Mary Elizabeth Martin orphans of my deceased son
Burdine Martin and which  two children are bound to me by law."

Daughter; Tabbetha Emiline Martin wife of Enoch Herndon
Grand daughters; Mary Ann Herndon daughter of Tabbetha & Enoch Herndon,
Francis Ann Herndon daughter of Tabbetha & Enoch Herndon.

Deceased daughter; Martha Ann Martin wife of Lewis Perry - and their heirs.
Deceased son; William P Martin - and his heirs.
Deceased daughter; Mary A/M Martin wife of Lewis Roach - and their heirs.
Mary Martin wife of Lewis Roach named as Mary A Roach and again as Mary MRoach.

Daughter;  Aminda Weaver wife of Peter Weaver .
Son; Alfred Martin

Appointed son-in-law Enoch Herndon Executor of Will.
Filed in Book of Wills  Feb 1874 by Wm D Bently
Filed by Enoch Herndon 30 July 1873  - need next page.
Witnesses;  J. M. Henison, Powell Bannister, J. B. McBrayer.


Will of Samuel Orr   Dated 30th May 1871 Forsyth Co., GA
Wife;  Christian Elizabeth Orr - "married for about 26 years"
Bequeathed 210 Acres and Plantation  located in Forsyth Co., GA
Executrix of Will; wife  Christian Elizabeth Orr
Died; July 12 1883
Filed in office of Probate; July 26th 1883
Probate  Oct 1st 1883
Witnesses; John L Ezzard, Bailey F Julian, William J Kemp.


Will of John T Ezzard  Dated 29th May 1873 Forsyth Co., GA
Beloved Wife; living - bequeathed Lot No 393,
2nd District, 1st Section containing 40 Acres.

Son; William Taylor Ezzard - had already deeded him land.
Son; John Lewis Ezzard - had already deeded him land.
Additionally bequeathed him, one 40 acre Lot
No 397, 2nd District, 1st Section.
Son;  George Washington Ezzard - had already given him land.
Son; Thomas Ward Ezzard - had already given him land.
Daughter; Elizabeth Ann - bequeathed one 40 acre lot No 384, 2nd Dist., 1stSection.
Daughter; Matilda - bequeathed 30 acres of Lot No 399, 2nd Dist., 1st Section.
Daughter; Margaret - bequeathed Lot 327, 2nd Dist., 1st Section + 10 acresLot 326.
Daughter; Sarah - bequeathed Lot 328, 2nd District, 1st Section.
Daughter; Emily - bequeathed Lot 400, 2nd District, 1st Section.
Daughters; Sarah & Emily - bequeathed House Lot 333,
2nd Dist, 1st Section upon death of Wife.

Daughters; Elizabeth Ann,  Martha,  Mary Jane,  Nancy,
Matilda, Polly, Sarah, Emily.

Other Land;  300 acres in Gwinnett Co on the waters of
Rock Creek, formerly granted to John Cobb.
Fourty acres in Polk Co No 447, 3rd Dist, 4th Section.
No 359, 3rd Dist, 1st Section in Forsyth Co drawn by and granted to myself
and 20 acres being the west side of Lot No 392,
2nd Dist, 1st Section known as the Gold Mine lot.

Appointed Executor of Will;  George W Ezzard
Witnesses; Philip Bettis, Thomas H Hunter, Samuel Orr
Filed for Probate in Solemn form; July 31 1875
Oath of Witnesses; Sept 1875


Will of  Martin Terry   Dated 17th April1875    Forsyth Co., GA
Wife; Mary Terry
Sons; Stephen Terry, John W Terry, William H Terry
Other children mentioned; Hannah Terry, Lucy Terry, Asbery Terry, MarthaTerry,
Mary Terry, James M Terry, Julia Terry, Tabitha Terry.

Appointed Executors of Will; sons Stephen Terry, John W Terry and
wife Mary Terry.
Witnesses; R.R. Venable, A. C. Low, Daniel Low, J H Dodd.

Filed in office for probate in Solemn form on June 6 1882.
John H Dodd one of the witnesses was deceased at time of probate on July3rd 1882.


Will of Joshua L Sewell   Dated  June8th 1866   Forsyth Co., GA
Wife; Nancy
Daughter;  Melissa  (without children at time of will)
Sons; Erwin Sewell,  Alvin D Sewell, Arron J Sewell.
Daughter;  Mahulda  Red wife of James Red.

Appointed Executors of Will; sons Aaron J Sewell and Alvin D Sewell.
Witnesses;  Marcus L Pool, Sterling W Fowler, E H Chadwick.

Filed in office for probate in Solemn form on 23rd April 1885


Will of Casander Barnett  Dated March 13th 1871 Forsyth Co., GA
of Advanced age
Sons: John H or F Barnett, James P Barnett.
Willed wearing apparel to Mary Emily Benton wife of Hezakiah Benton.
Mary Benton had been caring for Casander in her old age.
Friend make executor: Wesly S. Bagley
Witnesses: M.H. James, Zachariah Martin, H. Benton
Filed on June 17, 1871
Proved July 31 1871


Will of William H. Bacon  Dated 11th June 1868 ForsythCo., GA
Wife: Mary
Children: Henrietta A Castleberry,  Eveline E Harkness, William E Bacon,
Edmond M Bacon, Frances M L Bennett, Hugh M Bacon.

Witnesses: W S Deverel, A C McGinnis, William Castleberry, N H Bacon.
Filed in office 27th Aug 1868 by W D Bentley
Recorded March 5th 1869 by ?. N. Bently
Probate: First Monday in Sept
Heirs: T. Castleberry, H. Castleberry, R.W Harkness, E.E. Harkness,
W.E. Bacon, E.M. Bacon, J.M. Bennett, M.A.L. Bennett, H.M. Bacon.

Notice to Legatees, Cumming GA.:
Timothy Castleberry and wife Henrietta A Castleberry,
R.W. Harkness and his wife Eveline E Harkness,
William Bacon, Edmond M Bacon,
James M Bennett and his wife Mary A S Bennett,
Hugh M Bacon, and Mary Bacon widow of William H. Bacon Decd.


Will of John B. Bottoms  Dated January 26th 1882 Forsyth Co., GA
Loving wife: Franky Bottoms
Son: Andrew C Bottoms
Daus: Martha A F Roberson, Mary E Low, Nancy L Clark.
Executor: my son Andrew C Bottoms
Witnesses: S.A. Holbrook, James W. Chastain, M.L. Cox.
Filed in office  Aug 10th 1889 by H.L. Hawkins
Recorded Oct 22nd 1889


Will of Young J. Burton  Dated Sept 30th 1861 ForsythCo., GA
Wife: Nancy Burton
all my children
Appointed executors: Abosin Moore and Stephen Douglas.
Witnesses:  James Moore, ?.C. Burtan, James C Blackstock.
Probate: Dec 3rd 1861
Recorded Jan 16th 1862


Will of John Cain Jr  Dated April 26 1875 ForsythCo., GA
of advanced age
Wife: Frances N A Cain
residing in Cumming, GA, Forsyth Co.
mentioned "my 3 children".
Dau: Olivia Brown
Dau: Mary O. McAfee
Dau: Asalee M. Webster

appointed executors: Joseph M. McAfee, George A Webster, John B. Brown.
Probate Aug 2nd 1875
Witnesses:  Jas C Blackstock, Jas E Hughes, Ira R Hudson,
Joseph L Johnston.


Will of Sumpter L Owen   Dated Feb 19th 1885 Forsyth Co. GA
Wife: Elizabeth M. Owen
My Children - my two sons: John W Owen, James H Owen,;
my two daughters: Martha L Owen, Nancy J Flournoy
my other daughter: Mary E Owen

grandson: Jasper M Owen
granddau: Eliza childers

Executors: my two sons John W Owen and James H Owen.

Witnesses: D.B. Hutchins, P.W. Singleton, James Loggins,
George W. Stovall (J.P.).
Filed for Probate: Feb 1st 1886 by H.L. Hawkins Ordy.
Recorded: Feb 24th 1886


Will of Phillip Cox  Dated Sept 18th 1882 Forsyth Co., GA
my beloved wife: Mary Cox
Daus: Emily L Cox, Martha L Cox, Nancy Savannah Cox.
all my children:
Marion L Cox, Samuel G Cox, Emily L Cox, Martha L Cox, Nancy Savannah Cox,
Mary an J__ing, Susan Wallis, James A Cox, John P Cox, Henry Cox.

Executors: my sons Marion L Cox and John P Cox.
Witnessed: Alberry Bruton  
Enoch E Pruett, Samuel L Looper
Filed for Probate:  Sept 26th 1882 by F.M. Hawkins Ordy.


    

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