WILL OF GEORGIA ANN BERRY DATED 1861

WILL OF GEORGIA ANN BERRY DATED 1861

Record Book “V” Hancock County, Georgia 1860-1862

Pages 102-105, and 269-272

Transcribed by Cliff Berry Johnson [email protected]

Surnames contained in this document: Berry, Little, Fraley, Smith, Radney, Pearson, Harris, Turner, Amoss, Devereaux, Hall, Stauton, Sykes, Haywood, Little

GEORGIA, HANCOCK COUNTY

At a court of Ordinary being held within and for the county and state afore said on Monday the 5 day of August 1861.

Present Thomas J. Little, Ordinary

A paper, purporting to be the last will and testament of Mrs. Georgia Ann Berry having been produced in open court by James E. Berry the nominated executor therein, and the true and legal execution of the said paper, and the county of the testatrix, having been sworn by the testimony of Wm. Fraley and Rufus W. Smith, two of the subscribing witnesses thereto--it is considered and adjudged by the court that said paper is fully established as the last will and testament of the said Georgia Ann Berry and that as such it be admitted to record-whereupon the said James E. Berry appeared personally in open court, was duly sworn and received letters testamentary in due process.

Upon the application of James E. Berry executor of Georgia Ann Berry it is

Ordered that John B. Radney, Jeremiah Pearson, Benjamin T. Harris, Thomas M. Turner, and Beverly Amoss, Sr., and they are hereby appointed appraisers of said estate and that they or any three of them being duly sworn do make such appraisements.

WILL OF GEORGIA ANN BERRY

STATE OF GEORGIA

HANCOCK COUNTY

In the name of God....Amen!

I Georgia Ann Berry of said state and county being of sound and disposing mind and memory, yet conscious of my mortality deem it right and proper that I should make a disposition of the property with which a kind providence has blessed me, I do therefore make, publish and declare this to be my last will and testament.

Item 1st. I give, bequeath and devise to my beloved husband James E. Berry, a life interest in my plantation, lying & being in the county of Hancock state aforesaid and situate on the waters of Buffalo, adjoining William Devereaux, Sarah Hall, William Staunton and others and consisting of (760) seven hundred and sixty acres more or less, I also give and bequeath to my beloved husband a life estate in the following negroes, Aunt Francis and her family, Matilda and her child Sanford, Uriah (some time called Bob) Ridley, Oscar, Jere, Margaret and Ella-at the death of my husband, I direct that the above bequeathed plantation and negroes, be equally divided between my children, Eugenia Ann Sykes, wife of Joseph S. Sykes, Louisa Fraley, Wife of Lafayette I. Fraley, Samuel Marion, James Edward and William McDowell & in the event of the death of any of these children if such child should have children I direct that those children should receive their parents interest in said plantation and negroes.

Item 2nd. The balance of my negroes, Polly, Bill, Ned, Prince, John, Sylvester, Betsy, Lucy, Sally, Jane, Sarah, Mary, Sidney, Young, Anderson, Adam, Ellen, George, Ralph and Ann, I direct to be equally divided between my children. Eugenia Ann Sykes, wife of Joseph S. Sykes, Louisa Fraley, wife of Lafayette I. Fraley, Samuel Marion, James Edward, William McDowell, by my executor herein after named & appointed, said children to have and possess said negroes to their own profit and benefit & belong forever in fee simple.

Item 3rd. It is my desire that the negroes herein divided be kept on the plantation the remainder of this year, for the purpose of making and gathering the present crop, and that the division herein mentioned take place at the end of the current year.

I nominate and appoint my beloved husband James E. Berry the executor of this my last will and testament.

Georgiann Berry LS

Signed sealed declared &

published by Georgia Ann

Berry, as her last will and

testament in the (presence) of

us, the undersigned who

subscribed our names in the

presence of said testator at

her special instruction and request & in

the presence of each other.

Wm. Fraley LS

Rufus W. Smith LS

Atticus G. Haygood LS

Franklin L. Little LS

GEORGIA, HANCOCK COUNTY

We, John B. Radney, Beverly Amoss & Benjamin T. Harris of the state and county aforesaid do solemnly swear that we will make a just and true appraisement of all & singular the goods & chattels of Georgia Ann Berry decd. as shall be provided to us by James E. Berry the Executor of the Estate of the said Georgia A. Berry decd. & that we will return the same certified under our hand unto the said James E. Berry Executor within the time prescribed by law.

Sworn to & subscribed before me John B. Radney

this 22nd day of August 1861 Beverly Amoss

Jno. T. Berry Benjamin T. Harris

J. I. C.

GEORGIA, HANCOCK COUNTY

We the commissioners above sworn certify that we have this day appraised the following property of Georgia Ann Berry decd. produced to us by James E.Berry Executor of said decd. at the price and value annexed: To wit, Polly $35.00-Bell $ 800.00-Betsey $ 535.00-Ned $ 800.00

John $ 1000.00-Sally $ 850.00-Prince $ 950.00-Sylvester $ 1100.00-Francis & child $1200.00

Matilda & child $ 1200.00-Sanford $ 1100.00-Uriah $ 1050.00-Ridley $ 1000.00-Oscar $ 750.00-Jerry $ 600.00-Margarett $ 260.00-Mary $ 700.00-Ralph $ 550.00-Ann $ 225.00

Lucy $ 500.00-Young $ 1000.00-Odom $ 560.00-Ellen $ 500.00-Jane $ 865.00-Sidney $ 1000.00-Sarah $ 800.00-Anderson $ 650.00-George $ 450.00

Making in the aggregate $21,015.00

Given under our hands this John B. Radney

August 22nd 1861 Beverly Amoss

Benjamin T. Harris

STATE OF GEORGIA

HANCOCK COUNTY

At a court of ordinary being held within and for the county aforesaid on Monday the 2 day of December 1861.

Present Thomas J. Little-Ordinary

GEORGIA, HANCOCK COUNTY

To the court of ordinary aforesaid county the petition of James E. Berry executor of the last will and testament of Georgia Ann Berry late of said county decd. showeth that by the will of said decd. a considerable number of are (divised to her) children to wit. Eugenia A. Sykes, wife of Joseph S. Sykes, Lavina Fraley, wife of Lafayette I. Fraley, Samuel Marion, James Edward and William McDowell and that he desires a lawful distribution of the said slaves according to the will.

Wherefore he prays the appointment of three or more free holders to make distribution according to law. James E. Berry

#270

James E. Berry executor of the last will and testament of Georgian Berry deceased having made application at this term of the court for the appointment of persons to distribute the negroes by will bequeathed to the children of the deceased and having proven to the court that he has given the (Legal Term?) of this application to be made at this term and the court being satisfied that such division should now be had-it is therefore

Ordered by the court that Beverly Amoss, John B Radney , Thomas M. Turner, John T. Berry and Ben T. Harris, all free holders of said county make a division of said negroes, arriving to the tenor of said deceased will, they being first duly sworn & return their proceedings within sixty days to be recorded.

#269

To Joseph S. Sykes & his wife Eugenia Ann Sykes

I shall apply to the Court of Ordinary of Hancock County, State of Georgia at the term to be held on the first Monday in December next for the appointment of appraisers and commissioners to appraise and divide the negroes bequeathed by will of Georgian Berry late of said county to the children of said decd.

Sparta, Ga. Nov. 6, 1861 Jas E. Berry Ex of

Georgian Berry decd.

Fwd. copy within on Joseph S. Sykes & Eugenia Ann Sykes

20 days before December 1861 Jas. E. Berry

Also on Lafayette I. Fraley James E. Berry

GEORGIA, HANCOCK COUNTY

We the commissioners appointed to distribute the estate of Mrs. Georgia Ann Berry late of Hancock County decd. subject to divisions under her last will have been duly sworn, have on this 26th day of December 1861 made the following distribution by lot to the several distributees named in said will.

To Mr. Joseph S. Sykes the following negroes to wit:

Jane $865. Young $1000. Polly $35.00 Ned $800. $2.700.00

And to receive from Mr. Fay Fraley $14.00

James Edward $18.00 & from Wm. McDowell 39.00 71.00

$2.771.00

To Mr. Lafayette Fraley

Betsy $535. George $450. Sidney $1000.00

and Sarah $800. $2.785.00

and to pay Joseph S. Sykes 14.00

$2.771.00

To Marion Berry

Lucy $500. Ellen $500. Sylvester $1.100 and

Anderson $650. $2.750.00

Receive from James Edward 21.00

$2.771.00

To James Edward

Sally $835.00 - Ann $225.00 - Bill $800.

Prince $950. $2.810.00

Pays Marion $21. & Mr. Sykes $18.00 39.00

$2.771.00

To William McDowell

John $1000 - Odum $560 -Ralph $550. $2.810.00

Mary $700.

And pays Mr. Sykes 39.00

$2.771.00

and in appraisement of said estate we find a distribution to amount to, two thousand and seven hundred and seventy one 00/100 dollars the above proportion having been presented to us by James E. Berry Executor for appraisement and distribution amounting to the terms of said will.

Sworn to & subscribed

before me this Benjamin T. Harris

December 26, 1861 Thos. M. Turner

Jno. T. Berry J. I. C. Beverly Amoss Appraisers

Received from James E. Berry Ex of Georgia Ann Berry decd. my distributive share of the negroes belonging to said estate, to wit: Betsy, George, Sidney and Sarah in full of my share in said estate, subject to division.

December 26, 1861 L. I. Fraley

Received from James E. Berry Ex of Georgia Ann Berry decd. my distributive share of the negroes belonging to said estate and seventy one dollars in cash composed of the following negroes, to wit: Jane,Young, Polly and Ned in full of my share in said estate, subject to division.

December 26, 1861

J. S. Sykes

GEORGIA, HANCOCK COUNTY

I do hereby admit the possession of the Negro Slaves lately set off to Samuel M. Berry by commissioners appointed by the Ordinary for that purpose as his share of the negroes bequeathed to her children by the late Mrs. Georgia Ann Berry.

Jan. 15, 1862 James E. Berry, Guardian

GEORGIA, HANCOCK COUNTY

I do hereby admit the possession of the negro slaves lately set off to James E. Berry, Jr. by commissioners appointed by the Ordinary for that purpose as his share of the negroes bequeathed to her children by the late Mrs. Georgia Ann Berry.

Jan. 15, 1862 James E. Berry, Guardian

GEORGIA, HANCOCK COUNTY

I do hereby admit the possession of the negro slaves lately set off to William M. Berry by commissioners appointed by the Ordinary for that purpose as his share of the negroes bequeathed to her children by the late Mrs. Georgia Ann Berry.

Jan. 15, 1862 James E. Berry, Guardian

Transcribed by Clifford Berry Johnson

July 18, 2002