WILL OF JAMES BUTTS
HANCOCK COUNTY, GEORGIA
MARCH 2, 1835
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Transcribed from copy of the original will obtained in Probate Court in Hancock Co., GA.
Transcribed by Teresa Griffis, [email protected]
Contains the following surnames: Aspinwill, Bird, Butts, Crawford, Daniel, Davies, Harper, Roe, Simmons, Smith, Thomas, Williams
Georgia Hancock County
Monday 2nd March 1835. This being the day appointed by Law for
holding the Court of Ordinary and a majority of the Justices failing to attend. Present their Honors
Joel Crawford } JusticesWilson Bird }
The will of James Butts Sen. decd. was presented to the Justices
present and the due and legal execution thereof and the sanity of the
testator at the time of making the same being proved to the satisfaction
of the Justices present by the evidence of James Thomas and Benjamin
Harper, it is considered by the Justices present that said will be
deemed fully and legally proved, and that it be filed in the Clerks
Office of this Court until the next sitting of the Court of Ordinary.
Georgia Hancock County.
Inferior Court sitting for Ordinary purposed Saturday 7th March 1835. The court met personnal to adjouornment.
Present their Honors Joel Crawford }Wilson Bird } JusticesWilkins Smith }
The last will and testament of James Butts Sen. having been satisfactorily proved on the second day of this month before
their Honors Joel Crawford and Wilson Bird and ordered to be lodged in the Clerk's Office of this Count; James L. Daniel and James I. Butts the nominated executors in said will, appeared in open court, and upon their application, it is ordered by the Court now here that said will be admitted to record, and that said Executors be duly sworn.
Whereupon James L. Daniel and James I. Butts were duly sworn and qualifed as Executors of said Last Will and testament, and Letters Testamentary were issued to them in the presises.
Georgia Hancock County
I James Butts of the County and State aforesaid being weak in body but of sound and disposing mind and memory do make and publish
this my last will and testament hereby revoking all former wills by me made.
Item 1. It is my wish and desire that after my death that my executors pay my just debts which I may be owing, before the
payment of any legacy herein given, and for this purpose I desire my whole estate to be kept together and worked together for the benefit of my
estate until sufficient money can be raised to pay off my debts.
Item 2. I give and bequeath to my grandchildren Katharine Simmons, Kesiah Butts, Arthur Butts, Mary Butts and Edmund Butts, children of my son Simmons Butts one negro girl each to be worth one hundred and ten dollars in making this estimation I expect my executors to give them such girl children as are weaned from their mothers say to be one year old at least.
Item 3. I give and bequeath to my granddaughter Frances Davies the sum of one thousand dollars which amount of money to be raised
by my executors I wish laid out in such property as the said Francis shall direct, which property when so purchased I give and bequeath
to the said Francis during her natural life to her sole and separate use free from the control of her husband and in such manner that it may not
be taken for the payment of the debts of her present or any future husband after the death of the said Frances, I give and bequeath said
property to the children of the said Frances their heirs & assigns.
Item 4. I give and bequeath to my grand son Hull Butts the sum of one thousand dollars.
Item 5th. I give and bequeath to James L. Daniel in trust to and for the use of my granddaughter Eleanor Aspinwall the sum of one
thousand dollars provided however that the said James L. Daniel is expected to use said thousand dollars in such manner as may be conceived
most conducive to the interest of the said Eleanor during her minority or remaining unmarried to be at liberty to apply any part of the
profits of said one thousand dollars to the benefit of the said Eleanor when the said Eleanor shall arrive at lawful age or marry it is my wish
and desire that said money should be laid out in such property as the said Eleanor shall direct which property so purchased I give and
bequeath to the said Eleanor during her natural life to be held by her free of the control of her husband and to her sole and separate use after
her death to her children in fee simple. But in the event that the said Eleanor should die before she marries or arrives at lawful age it is
my will and desire that said money should be returned back into my estate to be disposed of as hereinafter expressed.
Item 6. After the payment of my just debts by my Executors it is my will and desire that all my estate both real and personal
except my negroes be sold by them and and after paying off the legacies herein before expressed t is my will and desire that the balance of
my whole estate be equally divided into eight equal shares and also that my negroes be divided into eight equal shares to be equally
divided between my children Parker Butts, Lewis Butts, Matt C. Butts, James I. Butts, Elisa Daniel, Benjamin K. Butts, David Butts, Washington
Butts.
Item 7. I give and bequeath to Lewis Butts and James W. Simmons in trust to and for the use of my son Parker Butts during his
natural life and after his death in trust to and for the use of his children the distributive share of my Estate which would be the portion of
the said Parker Butts under the sixth clause of my will, the said Lewis Butts and James Simmons to take into their possession this property and
to appropriate the proceeds thereof to the use of the said Parker Butts's support and his children, and provided also that if the
children of Parker Butts should all die without issue it is my will and desire that said property be returned into my estate to be divided
according to the sixth clause of this my will.
Item 8th. I give and bequeath to my executors in trust to and for the use of my son Matt C. Butts for five years after my death the
distributive share of my estate which would be the portion of Matt C. Butts under the sixth clause of my will provided however that
the said Matt C. Butts is to have possession of said property for said time, by which time I hope he will be enabled to pay all his debts, and
for fear of misconstruction of my intention in this clause I would state that my intention is to protect the portion of Matt C. Butts from levy
and sale for the payment of debts for five years, after that time I give and bequeath said property to him subject to the payment of his
debts provided however that if the said Matt C. Butts should die without any child or children that such portion should return back into my
estate as respects debts due me by Matt C. Butts I wish my executors to collect out of Matt C. Butts the one half of two executions belonging
to me in the name of John Butts for the use of N.B. Williams against Butts Aspinwall and Moore and myself, the notes which I hold against
him together with the one half of said Executions I wish thrown into one common stock to be divided under the sixth clause and in the
amount to be deducted from his share.
Item 9. Lastly- I nominate and appoint my son James I. Butts and my son in law James L. Daniel my Executors to this my last will
and testament.
In testimony whereof I have hereto set my hand this 6th day
of
February 1835.
Signed and acknowledged in presence of us and witnessed by us James Butts Sen.in presence of each of us.
Jas. Thomas
Benjamin Harper
Chloe Roe
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