WILL OF ANNE DEVEREUX

DATED JANUARY 6, 1866

Transcribed by Cliff Berry Johnson [email protected]

Surnames contained in this document: Little, Devereux, Radney, Butts, Walker, Garrard, Powell, Bass, Jenkins, Thomas, Carr, Collins, Hall, Arnold, Holcomb, Berry, Rives, Loyd

GEORGIA HANCOCK COUNTY

                                                            SATURDAY OCT. 6, 1866.  IN CHAMBERS

                                                                        PRESENT. THOMAS J. LITTLE, ORDINARY

            A paper purporting (dated January 6, 1866) to be the Last Will and Testament of Anne Devereux late of said County and State was produced before the Ordinary in vacation on the 6 day of October 1866 by John B Radney, and by him propounded for probate.  And the due and legal execution of said paper by the said Anne Devereux  dec’d her Last Will and Testament was fully proven before said Ordinary by the sworn evidence of F. A. Butts, Elliott R. Walker and John B. Radney the subscribing witnesses to said will as also the county of the said testatrix at the time of the execution of said paper.

             It is therefore considered and adjudged by the said Ordinary that the said paper is fully proven to be the Last Will and Testament of the said Anne Devereux to be held as the legal execution of said Will, and also, as to the sanity of the said testatrix at the time of the execution therein.

 GEORGIA HANCOCK COUNTY

            At a court of ordinary began and held in and for said county on Monday the 5 day of November 1866.

                                                Present  Thomas J. Little,  Ordinary

Whereas, the last will and Testament of Anne Devereux was fully proven in vacation, on the 6 day of October 1866.  And sworn this fifth day of October 1866, at a regular term of said Court it is considered and adjudged by the Court that the said will is fully proven to be the last Will and Testament of Anne Devereux, proven in common form, and as such it is now ordered to be recorded.  

            Whereupon Fitz William Berry the Executor named in said will appeared formally in open Court, was duly qualified and received letters testamentary in the premises.

             Upon the application of Fitz William Berry Executor &c on the Estate of the said Anne Devereux dec’d, it is ordered by the Court that John M. Garrard, S. M. D. Powell, Sidney Bass, Milton Bass and James Bass be and they are hereby appraisers of the Estate of said Anne Devereux in Hancock County, and Arthur J. Butts,  Levi Jenkins, John B. Thomas, Jesse Carr and Josiah Collins be and are hereby appointed appraisers of the estate of the said Anne Devereux lying  and being in Baldwin County, and that they or a majority of them being first duly sworn do make said appraisements, and that they make a return thereof within the time prescribed by law, and that Warrants of  Appraisement do issue to them for Hancock County and for Baldwin County.

     WILL

GEORGIA HANCOCK COUNTY

             I, Anne Devereux, of State and County aforesaid knowing the uncertainty of life and deeming it right and proper that I should make a disposition of the property, with which a kind providence has blessed me, do make this my Last Will and Testament hereby revoking all others made by me. 

 1st. Item.  I desire and direct that all my just debts be paid without delay by my Executor hereinafter appointed, and the remainder of my property to be disposed of as follows.

 2nd. Item.  I give and bequeath to Miss Sarah Hall and my niece Miss Florida Arnold in trust for Lobelia Holcomb wife of Homer L. Holcomb, and all his children  Eight hundred acres, being part of the tract known as the Town Creek Plantation, said amount of land being on the north side of the public road leading from Sparta  to Milledgeville. 

 3rd. Item.  I give and bequeath to the said Sarah Hall and Florida Arnold in trust for all the children of Daughter Georgian A. Berry wife of James E. Berry five hundred acres of land being a portion of the same tract mentioned in Item 2nd. and lying on the South side of said road.

 4th. Item.  I give and bequeath to said Sarah Hall and Florida Arnold in trust for my grand son Adolphus C. Devereux one hundred acres of land it being a portion of said Town Creek place and lying on the South side of the same public road provided there should be that amount of land on that side of the road and if not then he is to have enough on the North side to make up the deficiency.  

5 Item.  I give and bequeath to said Sarah Hall and Florida Arnold in trust for my grand son Samuel M. Devereux son of Wm W. Devereux dec’d the home tract of land containing eight hundred acres more or less but when Wm now a minor child of Wm Devereaux dec’d shall have attained the age of twenty years , then by the free and full consent of the said Samuel M. Devereux, there may be set apart by the said Samuel M. Devereux for the use of Ann C. Rives, William Devereux and Walstun Devereux all minor children of W. W. Devereux one hundred acres each of the homestead of land.  I also give the above named trustees for the use of Samuel M. Devereux the lot of land near Farmers Academy whereas Mr. Burchell Jenkins now resides and also the lot of land near the same place known as the Gray lot also for the use of the said Samuel M. a certain bureau which usually stays in my bed room and all it contains, also a certain round top hair covered trunk and contents, Also two beds and furniture and two mattresses, also one dining table, one set of china, twenty four knives and twelve forks .  I desire also that he has three of choice horses to be selected by himself from my stock of horses, and also two yoke of oxen, also one half interest in a grist and saw mill to be hereafter erected on the Town Creek place.   

6th. Item.  I desire the stock and crop upon each of my places to remain upon them for the benefit of those to whom the places have been respectively given. 

 7th. Item.  I give and bequeath to Sunni ? Loyd one hundred dollars to be paid to her by my Executor. 

 8th. Item.  I give and bequeath to my niece Florida Arnold for her own use and benefit the lot of land near Farmers Academy on which Stephen D. Jenkins now lives containing four acres more or less.   

9th. Item.  It is my desire that the residue of my property of whatever description be equally divided between Adolphus C. Devereux and the children of my daughter Georgia A. Berry share and share alike.  

10th. Item.  It is my desire that the land given to the children of my daughter Georgia A. Berry wife of James E. Berry, and to Adolphus C. Devereaux be appraised and should the shares of land be unequal in value, I desire that they shall be made equal by those owning the more valuable shares paying the difference to those having the less valuable shares. 

 11th. Item.  I hereby constitute and appoint Mr. Fitz W. Berry Executor of this my Last Will and Testament this January sixth Eighteen hundred and sixty six.

Signed, sealed, declared and published             

by Anne Devereux as her Last Will and                         Anne Devereux 

Testament in the presence of    -------

subscribers, who subscribed our names

hereunto in the presence of said testatrix

at her special request, and of each

other this 6th day of January 1866.

F. A. Butts

Elliott R. Walker

John B. Radney

All the above was taken from Hancock County, Georgia, Wills  1862-1881

MF Box # 8220  Washington Memorial Library,  Macon, Georgia

Pages 88-89-90-91-92

Transcribed by  Clifford Berry Johnson    Wednesday November 13, 2002