Butts County, GA.
Will Book A Page 31
Georgia Butts County
I, Robert Byars of said County and State being in low health but of sound and disposing mind and memory feel without a change I must shortly leave my family, do make and publish this my last will and testament.
First. I give to my beloved wife and children all my estate both real and personal after my past debts are paid to be left together and managed by my wife for the support and education of my children so long as she lives and remains unmarried, and my widow, but on her decease & or marriage, then I want an equal division of what effects there may be at her death between my children, and if my wife marries again then there shall be equal division of my estate between her and my children.
Second. I do discharge and empower my wife or Executrix to manage my estate to the best of her will and ability and raise and educate my children.
Third. I do hereby constitute and appoint my wife Executrix to this my last will and testament. Signed sealed and delivered in the presence of us this 18th of July 1855.
Robert Byars X His Mark
H. Williams
Egbert Daniel
Elisha J. Preston
Page 32
Whereas I Robert Byars of the County of Butts and State of Georgia in law made my last will and testament in writing having date the eighteenth day of July in the year of our Lord one thousand eight hundred fifty-five in & by which I have given & bequeath to my wife and children my whole estate, both real and personal.
Now therefore I do by this, my existing which hereby declare to be a codicil to my last will & testament and to be taken as a part thereof order and declare, my Will is that any and all property has or may be added to my estate as a legatee to myself or wife be disposed of in the same manner as directed will. In witness whereof I have hereunto sealed my name and affixed my seal this nineteenth day of October in the year of our Lord one thousand eight hundred fifty five (1855) in the presence of us
H.T. Dicken
E.P. Daniel X Robert Byars (his mark)
Lucian L. Sanders
Page 32
Court of Ordinary January adjourned Term 1856
Before me James R. McCord, Deputy Ordinary of county came into open court, Sally M. Byars and produced last will and testament wit and codicil to said will testament. Robert Byars late, of said county deceased and two witnesses to said codicil being before the court , Lucian Saunders , Hampton T. Dickens which witnessed dually sworn deposeth and said that they saw Robert Byars SR. sign, seal, publish & declare the within codicil to his last will & by making his mark hereto of his own in our presence and accordingly deny without any influence or compulsion whatever freely, voluntarily that at the time of the execution of the said codicial as witnesses in the presence of and at the right of the said testator and in the presence of each other. J. R. McCord Deputy Ordinary H. T. Dicken Lucian Sanders
Page 33
Butts Court of Ordinary January adjourned term 1856
The last will and testament of Robert Byars late of said county, deceased and codicil thereto being upon the court and Hubbard Williams and Elisha J. Preston, two of the witnesses to said will being present and being dually sworn deposeth and saith that they saw the testator Robert Byars sign ,seal & publish and declare the with in instrument as his last will & testament by making his mark thereto of his own freewill and accord without any influence or compulsion whatever freely and voluntary that at the time of the execution of said will, the said Robert Byars was of sound mind and memory, and that deponents together with Egbert P. Daniel signed the same, as witness in the presence of and at the request of said testator and in the presence of each other. H. Williams and Elisha J. Preston
Sworn to subscribe in Open Court the 13th January 1856 J. R. McCord Dept. Ordinary
Butts Court of Ordinary January adj. term 1856 January 15th to 18th
The will of Robert Byars deceased having being proved in common form & the probate of the same being considered sufficient. It is therefore ordered that the same be admitted to record.
Henry Hendrick Ordinary
Whereupon the Executrix came in Open Court and was only qualified as Executrix.
Henry Hendrick Ordinary examined and approved this 9th of August 1856.
Wm. A.McCune Thomas Giles Robert F. Gilmore Commitee
end---
Page 222 Inventory Records 1832-1874
Butts County, Ga.
Inventory and appraisement of the Estate of ROBERT BYARS, Deceased.
No.
1. Dock- a man valued at $725.00
2. One hundred one & a quarter acres of land $700.00
3. 1 gray mule $75.00
4. 1 bay horse $80.00
5. 1 yoke Oxen $35.00
6. Four cows and Calves $10 a head $40.00
7. One Ox cart $2.00
8. One Ox Wagon $35.00
9. Four sows & pigs $20.00
10. One buggie harness $80.00
11. three saddles $2 each $6.00
12. one lot of plows and plow gear $2.00
13. plow hoe $3.00
14. 1 lot kitchen furniture $10.00
15. Loom wheel $2.00
16. grind stone $1.00
17. five beds $9.00
18. Household $125.00
19. one given by Joseph Carson payable on the 25th Dec. 1855 $400.00
20. one note given by Lucous Goodard payable 15th day of Nov. 1856 $80.00
Georgia, Butts County
We do certify upon oath that as far as was precooked to us by S. M. BYARS the administrix of Robert Byars deceased, that the above and foregoing contains a true appraisements of the goods chattels and credits of the above stated Orator, to the best of our judgment & understanding.
Given under my hand & official Signatures
Appraisers-
A. McWatkins, Joel B. Byars, Albert A. Watkins, Richard G. Byars
Recorded this 11th day of June 1858
Henry Hendrick Ordinary
