Will of James Welborn
 

 

Will of James Welborn:

 
Georgia, Jackson County                                                     3rd May 1857
in the Name of God Amen
 
I James Welborn being of sound mind & disposing memory, calling to mind the uncertainty of life, and the certainty of death, do make ordain & establish this my last will & testament.
 
Item 1  I give my body to the grave until the morning of resurrection, & my soul to the Lord.
 
Item 2  I give & bequeath to my beloved wife Elizabeth Welborn during her lifetime the land where on I now live together with the plantation, the farming materials, house goods & kitchen furniture, all of my stock of hogs, cattles & horses, imbracing all personal property.
 

Item 3  It is my will that my just debts be paid out of my effects or as my executor may think most advantageous.
 
Item 4  It is my will and desire that all my afore said estate should belong to & be under my wife's control during her life time if it should be her choice.
 
Item 5  It is my wish that my sons James S. Welborn & John Y. Welborn & John Jasper Cook should remain on the premises & take care of their mother and Hannah Welborn as becoming affectionate sons and brothers and if they do,  I wish for them to have all they can make over and above support equally share & share alike if afore said James, John & John Jasper Cook should shrink their task to hand and refuse & neglect to take care & support their mother & Hannah Welborn during their lives I then wish my wife to sell my land, and stock aforesaid, and live on the proceeds.
 
Item 6  It is my wish that William Welborn's two sons, Cobb & Ennas should have the land where on William now resides from the Wall spring branch to where the old line crosses the creek & over then up to Dry Branch to Bagby Line.
 
Item 7  It is my wish that M. H. Welborn's son Simon should have the land whereon said Welborn now resides, beginning on the creek on Lacy Line thence to a Black Jack on Rooks line near A. T. Welborn's shop.  Thence on a north course to Beaver Ruin Creek thence down said creek to the mouth of Walls Spring Branch.
 
Item 8  The land specified in the second item is the land not willed to Cobb Welborn's sons and M. H. Welborn's son Simon the remainder of my land where I now reside.
 
Item 9  I wish Emily Cook to remain with my wife during her final life time & be delt with as one of the family and if Emily remains with the family during my wife's life time I wish her to have a bed.
 
Item 10  It is my will that if the aforesaid James S. Welborn & John Y. Welborn & John Jasper Cook should well & truly perform what is enjoined on them in the five items as regard to taking care and supporting their mother and Hannah Welborn during their lives then the remaining to be equally divided between them three.
 
Item 11  It is my will that my executors will attend to the law suit that is now in court and if they should discover the land in dispute therein that would be mine according to the agreement between me and B. F. Burson now in possession of M. Millsap should be given to A. T. Welborn's sons James C. and William in land or it's value.
 
Item 12  It is my will that James S. Welborn and B. F. Burson by my executors to this my last will and testament herein under my hand and seal this 3rd day of May 1857
 
                                                   signed   James Welborn
 

W. G. McElhannan                          
Colon Steed  
James Hoopaugh    
 
 

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