Last Will and Testament of Vines Collier
All that portion of the will enclosed by brackets [( )] have been worn away by time and usage. The writer has interpolated based on the drafts of the will prepared by Matthew Rainey. These drafts are in the Georgia Archives, Atlanta, Georgia. Copies are located in my personal files. WRC
Oglethorpe County Will Book "A", p. 14.
In the Name of God Amen) I Vines Collier of the County of Oglethorpe & state of Georgia Being of sound and perfect sense and Memory and Calling to mind, it is ap- pointed for man once to Die, Do make and ordain this my last will and testament and firs (sic) of all I give my soul to god that gave it me hoping for The Resurrection of Eternal life & my Body to the dust from whence it Came, and as for my worldly estate that god of his goodness has bestowed on me I give and bequeath in the following maner (sic) to wit) first, I give my Daughter Betsey Dunn one Negro girl named Dilsey) secondly I give to my Daughter Ann Hardaman one negro girl named Janey.
Register’s Office, p. 16.
Thirdly I give to my son Isaac Collier one (hundred) acres of land lying in the fork of the Bra(nch) Between James Green and myself (to wit) b(egining) at a Corner persimmon in the spring branc(h) thence thence (sic) down the Branch to the fork the(nce) up greers Branch to the Back line joining gre(sham) thence on Greshams line as far as will ma(ke a) straite line to the beginning for Complimen(t). forthly (sic) I lend to my well beloved wife Salley Collier my land Negroes and (stock of all) kinds of property that I possess dur(ing her widowhood) But if she marrys o(nly a child’s) part (with) my other ten Child(ren , to wit, William Collier,) Thomas (Collier), (Jo)hn Collier, Cudbth (Collier,) Vines Co(llier, Benjamin Collier, Williamson Collier,) Robert Co(llier, Po)lley (Collier and Salley Collier and at) my wife(‘s death o)r Marriag(e the whole of what I lend to her) to be equa(lly) divided amon(gst those ten children a-) bove mentioned, only a child’s (part to her if married) and last of all I appoint my s(on John Collier and my son) Isaac Collier and Salley Collier, my (wife, Executors and) Executrix of this my last will and tes(tame)nt (in) witness whereof I have hereunto set my (h)and (and) seal this eleventh day of September one thousand seven hundred and ninety five.
(Seal)
{Unsigned}
Recorded Decr. 11th, 1795.
Matt Rainey, RCOC
December the 11th day 1795) I hereby certify and acknowledge that I refuse to act as Executor for the Estate tho named in the will of Vines Collier, deced, deced on Monday the 7th of this instant certified by me at office this 11th day of 1795.
(At)test:
Samuel Northington
Matt Rainey, R.C.O.C.
(We whose) names are hereunto subscribed Do each of us for (our)selves and those under whose Right we claim Interest in the Estate of Vines Collier deced agree (that) the paper or writing above prefixed shall be (conside)red as the last will and testament of the said (Vines) Collier deced to operate as fully and as amply (as if) the same had been signed by him the said (Vines) Collier under all the legal requisites, and do hereby (in our pa)rt allow and ratify the same in the most full (and amp)le maner, agreeing also that the same shall become of (record) in the Register’s office at (th)e County (of Oglethorpe and I,) John Collier do for m(yself ) here by (quitclaim to all ) interest which I (might) be entitled to (agreeable to the direction of said) w(riting a)nd autho- (rizing the same disposition as p)ointed out (by the said writing along with) the other (legatees) therein named.
Attest:
Matthew Rainey
(Salley Collier
Charles Smith
(John Collier
(John Hardaman
(Thos. Dunn
(Isaac Collier
(Cuthbert Collier
(Thos. Collier
Dec. 11th, 1795
Recorded on the same day.
Mat. Rainey, R. C. O. C.
John Collier of the said County, planter, and one of the sons of the said Vines Collier, deceased, being sworn herewith, that he well remembers his father having sent for Mr. Rainey to write his will and for Geo. and Leo. Younge to witness it, that it was late in the evening before Mr. Rainey came
And the old gentlemen being easier, he asked Mr. Rainey to stay all night and draw it in the morning, when perhaps the witnesses would come again, that he also recollected hearing his father tell Mr. Rainey how to draw it and heard it read over to his father by Mr. Rainey after it was wrote and that it Corresponded with the said directions. This deponent further saith that he has examined the annexed writing and verily believes it to be the same writing which was wrote by Mr. Rainey for the last will of the said Vines Collier who was well pleased therewith, and believed that Said Collier was of sound memory and understanding at that time.
Sworn to before me this Eleventh Day of Dec., 1795.
Jno. Lumpkin, J. P.
Recorded the 11th day of Dec., 1795.
Mat. Rainey, R.C.O.C.
State of Georgia)
Oglethorpe County)
Leonard Younge of the County and State aforesaid, planter, being
duly sworn, saith that he, the deponent, occasionally happened at
the house of Vines Collier, now deceased. Mr. Collier drew out a
paper and said it was his will and read it to the deponent and expressed
some Dissatisfaction tho drawn by him- self, which he made mention
of, that was, he had pointed out the land he had given to his son,
Isaac Collier, and said he would send for Mr. Matthew and get him
to write another, and asked him if he would go to his Bro., George
Younge, and asked him if he would Come over with himself that evening
to witness a new will which he intended to have ready by the time
appointed. Accordingly, they both came and Mr. Collier Informed
them that he had sent for Mr. Rainey & he had not come and expressed
himself somewhat uneasy, urging them to stay but it was not convenient.
He asked them to come a few days after. Setting a daytime himself,
the deponent came by himself and his brother not coming by reason
of sickness, the business was not done. Sometime after, which was
about or on the 7th day of November last, the deponent was in the
company of Mr. Collier again and he informed him he got the will
ready and all that was wanting was witnesses and he acknowledged
(that) it (was) neglect in him that it had not been executed. And
this deponent further saith not.
Sworn to before me this eleventh day of December, 1795.
Jno. Lumpkin, J. P.
Recorded on the same day and date.
11 December 1795
Mat. Rainey, R. C. O. C.
George Younge after duly being sworn saith he, at the request of Mr. Vines Collier delivered by his brother, Leo. Younge, came over to Mr. Collier’s in order to witness a will and when the deponent came he understood the Will was not ready and he was called on to attend a few days afterward, perhaps the next day, as a witness, which was out of his power by reason of sickness. (And this) deponent (further) saith not.
Sworn to before me this eleventh day of December, 1795.
Jno. Lumpkin, J. P.
Recorded this 11th day of December, 1795.
Mat. Rainey, R. C. O. C.
State of Georgia)
Oglethorpe County)
Matthew Rainey of the County and State aforesaid, planter, being
duly sworn saith That on or about the Eleventh Day of September
(last) past he was sent for by Vines Collier late of the said County,
dec’d, that when he Came, the said Collier told this deponent
he wanted him to write (hi)s will and put one which it appeared
he had some one Before write into this deponents hand and told him
what alteration to make, that the deponent accordingly drew it agreeable
to his directions, and (read) it over to him who declared it was
according to his intentions and nothing but the want of persons
to witness it prevented said Vines Collier from executing it and
this deponent further saith that he has once or twice since and
not long before his decease, heard Mr. Collier express his concern
that the will drawn as above mentioned by this deponent was not
executed which will or writing is hereunto subjoined and he veryly
believes that when it was Drawn and that every time afterward when
the said Collier spoke of it to and in hearing of deponent, he,
the said Collier, was of sound and disposing mind and memory and
understanding. This deponent also recollects that Mr. Collier told
him on the evening of the tenth or on the said eleventh day of September,
that George Younge & Leonard Younge had Been with him and waited
to near night in order to witness the said will when wrote and had
promised to come again the next day or a few days afterwards and
that sometimes afterwards, seeing Mr. Collier, this deponent asked
him if the said George and Leonard Younge had come, who told him
they did not and he was sorry of it, as he was anxious to have the
said will executed.
Sworn to and subscribed before me
this twentieth of December, 1795.
Jno. Lumpkin
J. P.}
Submitted by William Collier