Record of Wills  January Term of 1849

 
Georgia                         I Daniel Deupree of said county do make and publish and declare this to 
Oglethorpe County       be my last will and testament hereby revoking all former wills.  Before making a disposition of such worldly property as by the blessing of God I have acquired.  I would remark that in the distribution of my property heretofore made among my children, my object has been equality.  If I have not succeeded, the failure has been unintentional.  I have not now, nor have had heretofore, any partialities to gratify or prejudices to overcome.  I love all my children and my constant aim has been to give each one an equal share of my estate.  I have previous to this year eighteen hundred and forty six (1846) given to each of my children property and money to the amount of three thousand dollars during the year eighteen hundred and forty six   I gave property to the children of my deceased son Joseph to the value of sixteen hundred dollars (1600) to my daughter Lucy Lumpkin  property to the value of seventeen hundred dollars (1700)  to each of my sons Daniel & Elijah property to the value of sixteen hundred and fifty dollars   I was willing to give at the same time to my son in law John Starnes property to the value of sixteen hundred and sixty dollars provided he would obligate himself to hand it over and convey it at the death of his wife Elizabeth Starnes to the children of my said daughter Elizabeth by her previous husband Josiah Rainey.    John Starnes was unwilling to Receive said property upon this condition and the final arrangement was for Starnes to take property to the value of one thousand dollars for which he gave his note payable to myself or my legal representative twelve months after the death of my said daughter Elizabeth and I gave to four of the children of my said daughter Elizabeth by her first husband Rainey each in cash the sum of one hundred and thirty two dollars and hold now in my hands  for the other child of my said daughter Elizabeth Deupree Rainey  the sum of one hundred and thirty nine dollars and I now hereby give to children of my said daughter Elizabeth by her first husband Josiah Rainey the aforesaid note of one thousand dollars or the property of the same in case I should collect it previous to my death  the widow of my son William E. Deupree is now and has been in possession of.iIn Noxubee county Mississippi Containing four hundred and fifty Acres which tract of land I purchased from my two sons Elijah and Daniel, and for a better description of the same reference is ordered to the deed to me.   I will and devise said tract of land to Elizabeth Deupree widow of my son William during her life or widowhood and at her death, or marriage   said land to be sold & the money to be sold & the money equally divided among the children and Representatives of the children of my said son William.  My also said daughter in law Elizabeth Deupree is to pay amount either part of future.  This land is to be valued at the final distribution of my estate at three thousand five hundred and twenty dollars (3520)  I would have {to} remark that I don’t consider this property to the Amount of seventeen hundred thirty as mentioned as being given to my daughter Lucy Lumpkin as an absolute gift but given during the life of my said daughter Lucy and at her death to be equally divided among her children and the Representatives of the children, and at the time my said daughter Lucy received this property I took a bond from Samuel Lumpkin to account for the value of said property at the death of his wife.  The valuation to be the aforesaid seventeen hundred dollars or the property itself.  I give to my beloved wife Sarah absolutely and forever one negro girl by the name of Fanny about twelve years old   I lend to my said wife during her life all the Rest and Residue of my estate not mentioned in this Will both Real and personal   At the death of my wife or in case I should survive her, at my death I wish my children all to be made equal, that is to say William Deuprees children is to account for the tract of land at the value of thirty five hundred and twenty dollars  Lucy Lumpkin for seventeen hundred dollars worth of property   my sons Daniel & Elijah each for sixteen hundred and fifty dollars worth of property,  and the children of my daughter Elizabeth Starnes by her first husband Rainey ask to account for her property to the amount of sixteen hundred & sixty dollars = I will and direct all the property given to my wife for life to be sold at her death or in case I out live her  at my death without the necessity of applying to the Court of the Ordinary for leave to sell  after giving such publicity  as my executor may deem necessary and after making and bringing about that equality among my children and grandchildren as herein before contemplated the residue of the money I wish divided in the following manner, one sixth to my son Daniel, one sixth to my son Elijah, one sixth to the children of my son Joseph deceased, one sixth to the children of my daughter Elizabeth by her first husband Rainey and one sixth to my daughter Lucy Lumpkin during her life, and at her death to be equally divided among her children now in life.  I have excluded from a participation of my property the child of my daughter  Elizabeth by her husband John Starnes not because I love him less than the others but because he is well provided for, better than his Rainey brothers and sisters –
I appoint Daniel Deupree & Elijah Deupree and L.M. Johnson Executors of this my will –
In witness whereof I have hereunto set my hand and seal this 23rd of February 1848 –

Signed, sealed, published and                                                   Daniel Deupree      Seal
declared to be the last Will  and
Testament of Daniel Deupree in
our   presence & in presence of each other
      Richard R. Winfrey
      Shelton Oliver 
      George E. Smyth
      Jas. L. Long