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Will of Vines Collier
Contributed by Vaughn Ballard   <[email protected]>
Date: 06/06/04 10:16:31



                            Note from Mr. Ballard:

The original will of Vines Collier is recorded in Oglethorpe County, Georgia Will Book "A" Page 17.  The will was not signed and several other documents are recorded to explain the circumstances. The Will and these other documents are presented on pages 142-148 of ROBERT TERRELL COLLIER, His Ancestors and  Descendants, by Vaughn Ballard , 1986. They are shown below.
Vaughn Ballard
Arlington, Texas
6 June 2004
 
 
 WILL OF VINES COLLIER
IN THE NAME OF GOD AMEN. I Vines Collier of the County of Oglethorpe and the State of Georgia being of sound and perfect sense and memory, and calling to mind, it is appointed for man once to die, do make and ordain this my last Will and Testament and first of all, I give my Soul to God who gave it to me Resurection of Eternal Life and my body to the dust from whence it came, and as for my worldly estate that God of his goodness has bestowed on me, I give and bequeath the following manner to-wit:

First.        I give my daughter Betty Dunn, one negro girl named Dilcey.

Secondly.        I give to my daughter Ann Hardeman, one negro girl named Janey.

Thirdly.    I give to my son Isaac Collier one hundred acres of land lying in the fork of the road between James Creek and myself (to wit) beginning at a corner persimmon in the spring branch, thence down the branch to the fork, then up branch to the back line joining Greshams, then on Gresham's line as far as will make straight line to the beginning for complement.

Fourthly.   I lend to my well beloved wife Salley Collier, my land, negroes and stock and all kinds of                   property that I possessed during her widowhood, but if she marries only a child's part with my other ten children namely: Thomas Collier, John Collier, Cuthbert Collier, William Vines Collier, Robert Collier, Polly Collier and Salley Collier*  and at my wife's death or marriage the whole of what I lend her to be equally divided amongst those ten children above mentioned, only a child's part to her if married. 

And last of all I appoint my son John Collier, Isaac Collier  and Sally Collier my wife Executors and Executrix of this my last Will and Testament.
Witness whereof I have hereunto set my hand and seal, this the eleventh day of September one
thousand seven hundred and ninety five.
                      _________________(seal)

Recorded Dec. 11th, 1795.
                         Mat Rainey, R.P.O.C.

* Note that only seven names are listed here plus three others above.  There should be a comma
between William and Vines and there was a Williamson and a Benjamin that are not mentioned,
making a total of thirteen children.
                                                      ------------------------------

December 11th Day, 1795.  I hereby certify and acknowledge that I refuse to act as Ececutor for the Estate tho named in the Will of Vines Collier, deceased, who died on Monday the 7th of this instant, Certified before me at office this 11th day of December, 1795.
                       Mat Rainey, R.P.O.C.
Attest: Samuel Worthington 
                                                          ------------------------------

Our names are herewith subscribed do each of us for ourselves and those whose rights we claim
interest in the Estate of Vines Collier, deceased, agree that the papers, or writings above prepared shall be, considered as the last Will and Testament of the said Vines Collier, deceased, to operate as fully and as amply as if the same had been signed by him the said Vines Collier under all the legal requisites, and do hereby in all parts allow and ratify the same in the most full and ample manner, agreeing also that same be become of record in the Registrars Office of the County of Oglethorpe and I John Collier do for myself hereby quitclaim to all interest to which I might be entitled, agreeable to the direction of said writing and authorizing the same disposition as pointed out by the said writing along with the other legatees therein named.

Attest:        Sally Collier
        Mathew Rainey
        John Collier
        Charles Smith
        John Hardaman
        Thos. Dunn
        Isaac Collier
        Cuthbert Collier
        Thos. Collier
Dec. 11th, 1795
Recorded on the same day.
                         Mat Rainey, R.P.O.C.
                                                             ------------------------------

John Collier of the said county, planter, and one of the sons of the said Vines Collier, deceased, being sworn herewith, that he well remembers his father having sent for Mr. Rainey  to write his will and for Geo. and Leo Young to witness it, that it was late the evening before Mr. Rainey came and the gentlemen being absent, he asked Mr. Rainey to stay all night and draw it in the morning, when perhaps the witnesses would come again, that he also recollects hearing his father tell Mr. Rainey to draw it and heard it read over to his father by Mr. Rainey after it was wrote and that it corresponded with the said directions.  This tenant further saith that he has examined the hand writing and verily believes it to be the same writing which was wrote by Mr Rainey for the last will of the said Vines Collier, who was well pleased therewith, and believed that said Collier was of sound memory and understanding at the time.

Sworn to before me this 11th day of Dec. 1795.
                         Jno. Lumpkin, J.P.
Recorded the 11th day of Dec. 1795.
                         Mat Rainey, R.C.O.C
                                                       ------------------------------

STATE OF GEORGIA
OGLETHORPE COUNTY:  Leonard Young of the county and stat aforementioned, planter, being duly sworn saith that he the deponent occasionally happened at the house of Vines Collier now deceased. Mr. Collier drew out a paper and said it was his will and read it to the deponent and expressed some disatisfaction tho drawn by himself, which he made mention of, that was, he had pointed out the land he had given to his son, Isaac Collier, and said he would send for Mr. Matthews and get him to write another, and asked him if he would go to his Bro., George Young, and ask him if he would come over with himself that evening to witness a new will which he intended to have ready by that time accordingly they both came and Mr. Collier informed them that he had sent for Mr. Rainey but he had not come and expressed himself somewhat uneasy, urging them to stay but it was not convenient.  He asked them to come a few days after, selecting a time himself, the deponent came by himself and his brother not coming by reason of sickness, the business was not done.  Sometime after, which was in or about the seventh day of November last, the deponent was in the company with Mr. Collier again and he informed him he got the will ready and all that was wanting was witnesses and he acknowledged it neglect in him that it had not been executed.  And this deponent further saith not.

Sworn to before me this eleventh day of December 1795.
                         Jno. Lumpkin, J.P.

Recorded on the same day and date
Dec. 11th, 1795.
                         Mat Rainey, R.C.O.C.
                                                         ------------------------------

George Young after duly being sworn saith that he at the request of Mr. Vines Collier, delivered by his brother, Leo Young, came over to Mr. Colliers in order to witness a will and when the deponent came he understood the Will was not ready and he was called on to attend a few days afterwards, perhaps the next day as a witness, which was out of his power by reason of sickness this deponent saith not.

Sworn to before me this 11, day of December, 1795.
                         Jno. Lumpkin J.P.

Recorded this 11, day of December 1795.
                         Mat Rainey, R.C.O.C.
                                                     ------------------------------

STATE OF GEORGIA, OGLETHORP COUNTY. Matthew Rainey of the county and state
aforesaid, planter, being duly sworn saith that on or about the Eleventh day of September past, he was sent for by Vines Collier, late of said county, deceased.  That when he came, the said Vines Collier told this deponent he wanted him to write his will, and put one, which it appeared, he had some one before write, into this depondents hands and told him what alterations to make, that the depondent accordingly drew it agreeable to his directions, and turned it over to him who declared it was according to his intentions and nothing but the want of persons to witness it prevented said Vines Collier from executing it and this depondent further saith that he once or twice since and not long before his decease he heard Mr Collier express his concern that the will drawn as above mentioned by this depondent was not executed.  Which Will or writing is hereunto subjoined and he verily believes that when it was drawn, and that every time afterwards when the said Collier spoke of it to and in hearing of this depondent, he the said Collier, was of sound and disposing mind and memory and understanding.  This depondent also recollects that Mr. Collier told him on the evening of the 10th, or on the said 11th day of September, that George Young and Leonard Young had been with him and waited to near night in order to witness the said will when wrote and had promised to come again the next day or a few days afterwards and the depondent sometimes afterwards seeing Mr. Collier, asked him if the said George and Leonard Young had come, who told him they did not and he was sorry of it, as he was anxious to have the said Will executed.

Sworn to and subscribed before me
this twentieth of December 1795.
                         Jno. Lumpkin J.P.

Last Will and Testament of Vines Collier -  Attachment 7
Contributed by William R. Collier
June 21, 2004

Note from William R. Collier:
I have extrapolated the portions that are missing from the Oglethorpe County record from drafts of his file found in the Georgia Archives, Atlanta.  I believe this reconstruction is a true and accurate copy of the will that was finally
accepted.

William Ramon Collier

(The affidavit that Matthew Rainey filed refusing to act as executor may seem odd since Vines' will does not name him as executor.  However, in one of the drafts of Vines' will, Rainey is named executor.  I believe Rainey filed this affidavit to avoid any confusion on the issue.)
 

 
Attachment 7.

Last Will and Testament of Vines Collier, Oglethorpe County, Georgia, Dated September 11, 1795.

(All that portion of the will enclosed by brackets [()] have been worn away by time and usage.  The writer has interpolated based on the drafts of the will prepared by Matthew Rainey.  These drafts are in the Georgia Archives, Atlanta, Georgia.  Copies are located in my personal files.  WRC)

Oglethorpe County Will Book ďAĒ, p. 14.

In the Name of God Amen) I Vines Collier of the County  of Oglethorpe & state of Georgia Being of sound and perfect  sense and Memory and Calling to mind, it is appointed for man once to Die, Do make and ordain
this my last will and testament and firs (sic) of all  I give my soul to god that gave it me hoping for
The Resurrection of Eternal life & my Body to the  dust from whence it Came, and as for my  worldly estate that god of his goodness has bestowed  on me I give and bequeath in the following maner (sic)  to wit) first, I give my Daughter Betsey Dunn  one Negro girl named Dilsey) secondly I give  to my Daughter Ann Hardaman one negro girl named Janey.

Registerís Office, p. 16.

Thirdly I give to my son Isaac Collier one (hundred) acres of land lying in the fork of the Bra(nch)  Between James Green and myself (to wit) b(egining) at a Corner persimmon in the spring branc(h)  thence thence (sic) down the Branch to the fork the(nce) up greers Branch to the Back line joining gre(sham) thence on Greshams line as far as will ma(ke a) straite line to the beginning for Complimen(t). 

forthly (sic) I lend to my well beloved wife Salley Collier my land Negroes and (stock of all) kinds of property that  I possess dur(ing her widowhood) But if she marrys o(nly a childís) part (with) my other ten Child(ren , to wit, William Collier,) Thomas (Collier), (Jo)hn Collier, Cudbth (Collier,) Vines Co(llier,  Benjamin Collier, Williamson Collier,) Robert Co(llier, Po)lley (Collier and Salley Collier and at) my wife(Ďs death o)r Marriag(e 
the whole of what I lend to her) to be equa(lly) divided amon(gst those ten children  a-) bove mentioned, only a childís (part to her if married) and last of all I appoint my s(on John Collier and my son) Isaac Collier and Salley Collier, my (wife, Executors and) Executrix of this my last will and tes(tame)nt (in) witness whereof I have hereunto set my (h)and (and) seal this eleventh day of September one thousand seven hundred and ninety five.

       (Seal)
    {Unsigned}

Recorded Decr. 11th, 1795.

     Matt Rainey, RCOC

December the 11th day 1795)  I hereby certify and acknowledge that I refuse to act as Executor for the Estate tho named in the will of Vines Collier, deced,  deced on Monday the 7th of this instant certified by me at office this 11th day of 1795. 

  (At)test: 

Samuel Northington 

     Matt Rainey, R.C.O.C. 

(We whose) names are hereunto subscribed Do each of us for (our)selves and those under whose Right we claim Interest in the Estate of Vines Collier deced agree (that) the paper or writing above prefixed shall be
(conside)red as the last will and testament of the said (Vines) Collier deced  to operate as fully and as amply 
(as if) the same had been signed by him the said (Vines) Collier under all the legal requisites, and do hereby
(in our pa)rt allow and ratify the same in the most full (and amp)le maner, agreeing also that the same shall become of (record) in the Registerís office at (th)e County (of Oglethorpe and I,) John Collier do for m(yself ) here by (quitclaim to all ) interest which I (might) be entitled to (agreeable to the direction of said) w(riting a)nd autho(rizing the same disposition as p)ointed out (by the said writing along with) the other (legatees) therein
named.

 Attest:

 Matthew Rainey  Dec. 11th, 1795 
(Salley Collier
 Charles Smith             (John Collier
 (John Hardaman
  (Thos. Dunn
 (Isaac Collier
 (Cuthbert Collier
 (Thos. Collier
Recorded on the same day.
      Mat. Rainey, R. C. O. C.
 

John Collier of the said County, planter, and one of the sons of the said Vines Collier, deceased, being sworn herewith, that he well remembers his father having sent for Mr. Rainey to write his will and for Geo. and Leo.
Younge to witness it, that it was late in the evening before Mr. Rainey came And the old gentlemen being easier, he asked Mr. Rainey to stay all night and draw it in the morning, when perhaps the witnesses would come again, that he also recollected hearing his father tell Mr. Rainey how to draw it and heard it read over to his father by Mr. Rainey after it was wrote and that it Corresponded with the said directions.  This deponent further saith that he has examined the annexed writing and verily believes it to be the same writing which was wrote by Mr. Rainey for the last will of the said Vines Collier who was well pleased therewith, and believed that Said Collier was of sound memory and understanding at that time.

Sworn to before me this Eleventh Day of Dec., 1795.

     Jno. Lumpkin, J. P.

Recorded the 11th day of Dec., 1795.

     Mat. Rainey, R.C.O.C.

State of Georgia)
Oglethorpe County)  Leonard Younge of the County and State aforesaid, planter, being duly sworn, saith that he, the deponent, occasionally happened at the house of Vines Collier, now deceased.  Mr. Collier drew out a paper and said it was his will and read it to the deponent and expressed some Dissatisfaction tho drawn by him-
self, which he made mention of, that was, he had pointed out the land he had given to his son, Isaac Collier, and said he would send for Mr. Matthew and get him to write another, and asked him if he would go to his Bro., George Younge, and asked him if he would Come over with himself that evening to witness a new will which he intended to have ready by the time appointed.  Accordingly, they both came and Mr. Collier Informed them that he had sent for Mr. Rainey & he had not come and expressed himself somewhat uneasy, urging them to stay but it was not convenient.  He asked them to come a few days after.  Setting a daytime himself, the deponent came by himself and his brother not coming by reason of sickness, the business was not done.  Sometime after, which was about or on the 7th day of November last, the deponent was in the company
of Mr. Collier again and he informed him he got the will ready and all that was wanting was witnesses and he
acknowledged (that) it (was) neglect in him that it had not been executed.  And this deponent further saith not.

Sworn to before me this eleventh day of December, 1795.

    Jno. Lumpkin, J. P.

Recorded on the same day and date.

11 December 1795  Mat. Rainey, R. C. O. C.

George Younge after duly being sworn saith he, at the request of Mr. Vines Collier delivered by his brother, Leo. Younge, came over to Mr. Collierís in order to witness a will and when the deponent came he understood the Will was not ready and he was called on to attend a few days afterward, perhaps the next day, as a witness,
which was out of his power by reason of sickness.  (And this) deponent (further) saith not.

Sworn to before me this eleventh day of December, 1795.

    Jno. Lumpkin, J. P.
Recorded this 11th day of December, 1795.

    Mat. Rainey, R. C. O. C.
 

State of Georgia) 
Oglethorpe County) Matthew Rainey of the County and State aforesaid, planter, being duly sworn saith
That on or about the Eleventh Day of September (last) past he was sent for by Vines Collier late of 
the said County, decíd, that when he Came, the said Collier told this deponent he wanted him to write
(hi)s will and put one which it appeared he had some one Before write into this deponents hand and told
him what alteration to make, that the deponent accordingly drew it agreeable to his directions, and 
(read) it over to him who declared it was according to his intentions and nothing but the want of persons
to witness it prevented said Vines Collier from executing it and this deponent further saith that he has once or twice since and not long before his decease, heard Mr. Collier express his concern that the will drawn 
as above mentioned by this deponent was not executed which will or writing is hereunto subjoined and he veryly believes that when it was Drawn and that every time afterward when the said Collier spoke of it to and in hearing of deponent, he, the said Collier, was of sound and disposing mind and memory and understanding.  This deponent also recollects that Mr. Collier told him on the evening of the tenth or on the said eleventh day of September, that George Younge & Leonard Younge had Been with him and waited to near night in order to witness the said will when wrote and had promised to come again the next day or a few days afterwards and that sometimes afterwards, seeing Mr. Collier, this deponent asked him if the said George and Leonard Younge had come, who told him they did not and he was sorry of it, as he was anxious to have the said will executed.

Sworn to and subscribed before me
this twentieth of December, 1795.

Jno. Lumpkin
 J. P.}

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