Habersham County Court Of Ordinary
James Dodd
James Dodd Estate - Will and Settlement Papers from Annual Returns Books B & C
Will of James Dodd 23 Sep 1852,
Will Book 5, pp 80-84, Habersham County, GA - (LDS Film # 0382598)
p 80
I William Dodd do solemnly swear that this writing contains the last will and
testament of James Dodd within named deceased so far as I know or believe and
that I will well and truly execute the same so for forth as his goods and
chattels lands and tenements will extend and the law charge me by first paying
the debts and then the legacies contained in Said will and that I will make a
true & perfect Inventory of all Such goods and chattels lands estate So help
me God
Sworn to and Subscribed
in open Court this 1st Novr 1852
William Dodd
C H Sutton Ordy
p 81
Minutes of the Court of Ordinary November Term 1852
The last will and testament of James Dodd having been duly proven at this
regular term of Said Court in open Court upon the oaths of James B Smith Jefse T
Cash and Philip Martin witnefses thereto and William Dodd Executor of Said
Will Ordered that the same be admitted to record and that letters Testamentary
do ifsue to William Dodd Executor in terms of the law and it is further ordered
that Elijah Sisk Amos Jackson Thomas Washburn J. M. Berry & J C Jackson be and
they are hereby appointed appraisers of the estate of Said James Dodd.
Georgia }
Habersham County}
In the name of God Amen
I James Dodd of the County and State aforesaid being advanced in age and weak
and feeble in body but of Sound and disposing mind and memory and believing it
to be my duty of dispose of all the property and effects while
in life with which it has pleased a kind Providence to blefs me, do hereby make
and publish and declare this following writing to be my last will and testament
hereby revoking all other wills of what soever kind heretofore made by me Item
1st At my death I commit my body to the dust from whence it came and my soul to
god who gave it to me, and desire that my body shall be decently buried by my
family and friends according to their wish Item 2nd I give and bequeath unto my
beloved Wife Susannah during her natural life and at and after her death, to be
equally divided among all my children (Except my daughter Elizabeth) in the way
and manner hereinafter set forth and
designated one negro woman slave of yellow complexion about Eighteen years old
named Lette two cows and calves one heifer, one two
p 82 horse wagon one yoke of Oxen ten head of young sheep, ten head of hogs, all
my household and kitchen furniture, and all the crop of corn fodder and other
produce, made this year on the place whereon I now live and also on the Mathews
place and one horse Dick and one hundred and twelve dollars in money. Item 3rd
I give and bequeath to my beloved daughter Elizabeth fifty dollars to be paid
her after my death, out of my estate which is all I intend for her to have of my
estate Item 4th, I give and bequeath at and after my
death to my beloved Son John H. Dodd an equal share of all the property of
whatsoever Kind Debts and effects, that I am Seized and pofsefsed of at my
death, with the rest of my children born of my beloved wife Susannah and so in
like manner and so in like manner I give and bequeath, a like equal Share to my
beloved daughter Sarah to her sole and separate use during her natural life and
at her death to the children born of her body, free from the disposition and
free from the debts of her present or any future husband, and in like manner I
give and bequeath to my beloved daughter Susannah Marilda a like equal Share of
my estate, to her Sole and Separate use during her
natural life, and at her death to the children born of her body, free from the
debts of her present or any future
husband and in like manner I give and bequeath to my beloved daughter Jane to
her Sole and separate use during her natural life and at her death to the
children born of her body free from the disposition and debts of her present or
any future husband a like equal share of my estate and in like manner I give and
bequeath to my beloved daughter Mary Malifsa to her sole and separate use during
her natural life and at her death to the children born of her body a like
p 83
equal share of my estate free from the disposition and debts of her present or
any future husband And in like manner I give and bequeath to my beloved Sons
William, James A. & Green B. a like or equal share of my estate after my death
Saving and reserving out of the estate so given and be queathed in this Item
first fifty dollars, which I give and bequeath to my beloved son Levi H. which
together with what I have given him heretofore is all that I intend for him out
of my estate except his equal share of the property herein bequeathed to my
beloved wife Susannah after her death, all the gifts and bequests in this Item
having relation only to such of my estate as is not given and bequeathed to my
beloved wife Susannah in the 2nd Item of this my will and testament. Item 5th
I will and desire that all the estate that I my die Seized and pofsefsed of as
named in the last above Item may be Sold at a fair and public Sale by my
Executor herein after named and the proceeds divided according and agreeably to
the fourth Item in this my will and testament. Item 6th I will and desire that
all the property given and bequeathed to my beloved wife Susannah in the 2nd
Item of this my will shall at her death or so much thereof as she may be
pofsefsed of at her death, be sold at a fair and public Sale in like manner as
the residue of my estate and the proceeds of such Sale be equally divided Share
and Share alike (to her my Said beloved wife’s daughters, precisely as it is
given to them in the 4th Item of this my will) between and among all the
children of my beloved wife Susannah her sons and daughters to share equally in
the distribution of the Same and the share of her my Said wife Susannah’s
daughters, in the estate bequeathed to her in the 2nd Item of this my will to be
as in the 4th Item free from the disposition and debts of their present or
future husbands but to immure to their Sole and separate use during their
lifetime and at their death then to the children born of their respective
bodies. Item 7th For the purpose of carrying this my last will and testament
into effect I hereby Constitute and appoint my son William Dodd my Sol
Executor. In testimony where of I have hereunto Set my hand and Seal declaring
and publishing the above and foregoing to be my last will and testament in the
presence of Witnefes the 23rd day of September 1852. James Dodd {SL}We the
Undersigned have this day being the 23rd day of September 1852 Signed and
Subscribed our names to this paper as the witnefes to the last will and
testament of James Dodd at his request in the presence of the testator & of each
other.
James B. Smith}
Jesse T. Cash } Witnefes
Philip Martin }
p 84
Georgia } Ordinary Office
Habersham County} Novr 13th 1852
Ordered that William Dodd Executor of James Dodd deceased have leaveto Sell all
the personal property except
negroes belonging to the estate of Said deceased upon giving ten days notice of
the time and place of Sale at three
public places in Said County
C H Sutton Ordy
Habersham County Georgia Annual
Returns Books B & C, 1854 - 1877 - (LDS Film #0382608)
Book B, p. 254:
Estate of James Dodd, Decd. in afc(?) current, with William Dodd, Exr.
1855
Dec 5 To Amount paid Elizabeth Burke Legatee
under Will as for Voucher No. 1 $50.00.
I William Dodd do Solemnly Swear the foregoing account Current is true to the
best of my knowledge
and belief. So help me God.
William Dodd
Sworn to before me this 6th July 1857. C H Sutton Ordy
Recorded August 8, 1857. C H Sutton Ordy
Book B, p. 255
Vouchers
No 1.
November the 27th 1855
Mr. Wm. Dodd please sir send by Henry Burk, the $50 that I understand father
left to me that I understand by
your Letter, and this Order Shall be your receipt for the same.
Elizabeth X Burk
Berry Burk
Georgia } Received of William Dodd
Habersham County } Executor of James Dodd Decd
by authority of the B----th in order, fifty dollars and hereby obligate myself
to have made out and forwarded to him a lawful receipt and acquittance, from the
within named Berry Burk and his wife Elizabeth Burk for the claim of the Said
Elizabeth on the estate of said deceased, and to relieve the said William Dodd
from all liability on account of the payment of the said fifty dollars to me on
this order this 5th December 1855. Henry Burk
Test Philip Martin
State of South Carolina Spartanburg Dist
June 28th 1856
Dear Brother and Sister I take up my pen to write you in fair times, to let
you know that I am well (?) X X X X X X X I received 28 dollars from you.
Henry said that he lost 22 dollars of the money. I was down sick when Henry
started.
Elizabeth Burk
William Burk
Recorded August 8th 1857.
C H Sutton Ordy
Habersham County Georgia Annual
Returns Books B & C, 1854 - 1877 - (LDS Film #0382608)
JAMES DODD ESTATE ANNUAL RETURN (ESTATE
SETTLEMENT 10/30/1862)
CLARKSVILLE, HABERSHAM COUNTY, GEORGIA: Book C,
p. 225
JAMES DODD ESTATE ANNUAL RETURN (ESTATE SETTLEMENT 10/30/1862)
CLARKSVILLE, HABERSHAM COUNTY, GEORGIA: BOOK C, P225
1862
Apr l0 William Dodd Executor James Dodd Decd. Dr
To cash received for sale of Paschalle(?)
property 597.25
" " of G. B. Dodd on
Note 109.04
" " Cash found on
hand 9.10
" " Cash Recd of A. I. Nichols for 4 Negros
2000.00
-----------
2715.39
Cr.
Oct 20 By Cash Paid J. H. Christy for advertising
sale 4.75
" " " James A.
Dodd 277.00
" " " Levi H. Dodd
277.00
" " " Green B.
Dodd 277.00
" " " John H. Dodd
277.00
" " " Sarah L.
Carter 277.00
Nov lst " " " Jane
Carter 277.00
" " " Marilda
Whitehead 277.00
" " " John H. Wyly Atty
20.00
Dec 27 " " " Wm W.
Berry 5.65
" " " Dr. W. I. Rusks
3.00
" " " C. Deas Clk
.50
" " " Tax on
Estate 2.00
" " " Negro Pmt(?) by consent of all the
heirs 2.00
" " " for Cow
food .50
" " " Malissa
Harper 277.00
----------
2257.92
Georgia, Habersham County
Personally appeared before me Wm.
S. Erwin Ordy said county Wm. Dodd Exr. who after being
duly sworn says on Oath that this is Just and True.
William Dodd
Sworn to and subscribed Before
me this 6th day July 1863.
W. S. Erwin Ord.
Vouchers
No.1 Wm Dodd Exer James Dodd Deceased
1862 To __________ ________(?)Dr.
Toward Sale of Negros 4.75
Recd Payment J H Charty Sept 25th 1862.
No.2 Received of William Dodd Exr. of James Dodd Deceased two hundred and
Seventy-Seven Dollars as part of my legacy in the Estate of
Said
Deceased this 30th October 1862. James A. Dodd
Submitted by Samie Melton
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