Habersham County Court Of Ordinary

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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