Will of
Benjamin H. Ivy, INDENTURE
Submitted by Gail E. Frost March 1, 2000

STATE OF GEORGIA

This indenture made this Sixth day of May Eighteen Hundred WARREN COUNTY and Sixty One between Benjamin H. Ivy of the County and State aforesaid of the one part and Henry McKiney and Thomas Ivy Senior of the Same place witnesseth that whereas said Benjamin H. Ivy on the third day of August Eighteen hundred and fifty nine in the Court of Ordinary of Said County for the purpose of obtaining the Guardianship of Benjamin F. Ivy a minor child of Benjamin Ivy deceased made signed sealed and delivered his certain bond for the sum of Sixteen Thousand Dollars conformably to the Statue in such case made and provided with said Henry McKiney and Thomas Ivy Senior as his securiters of same bond. Now for and in consideration of said securityship and for the purpose of securing and saveing harmless the said Henry McKiney and Thomas Ivy Senior from any loss or damage or cash or fees whatsoever by reason of or on account of said bond or their securityship -therein and also for and in consideration of the Sum of Ten dollars to him in hand paid by the said Henry McKiney and Thomas Ivy Senior at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath granted bargained sold conveyed and confirmed and doth by these presents grant bargain sell and convey and confirm unto the said Henry McKiney and Thomas Ivy Senior their heirs and assigns the following property land. Seven hundred and eighty three acres of land situate lying and being in the County and State aforesaid. Adjoining lands of George W. Ivy Sarah Ivy Carrom Battle M. G. Pilmon John W. Holmes Thomas C Gibson and the Estate of Adam Ivy deceased. Also one Negro man named Jack about sixty five years old of dark complexion. One Negro man named Tom, about forty seven years old of dark complexion. One Negro man named Bill about thirty years old of dark complexion. One Negro man named Jim about twenty five years old of dark complexion. Austin a man about eighteen years old of dark complexion. Easter a woman about twenty seven years old of dark complexion. Violet a woman about twenty four years old of dark complexion, Palsey a woman about twenty years old of yellow complexion. Sarah a girl about twelve years old of dark complexion. Susan a girl about eight years old of dark complexion. Phillis a girl about six years old of dark complexion. Rachel a girl about four years old of dark complexion. Bob a boy about ten years old of yellow complexion. Adaline a girl two years old of dark complexion. Emaline a girl about four years old of yellow complexion. Fanny a girl about three years old of yellow complexion.

To have and to hold the said bargained land and Negroes above described and any part thereof unto them the said Henry McKiney and Thomas Ivy Senior their heirs and assigns to their own proper use benefeted and behoof forever. Provided always and it is the express understanding of the parties and the true intent and meaning of these presents that if the said Benjamin H. Ivey his heirs Executors or administrators or either of them shall will and truly execute and settle as the said Guardianship in such manner and so as to save the said Henry McKiney and Thomas Ivy Senior from the payment of any money on account thereof and also save and exempt the said Henry McKiney and Thomas Ivy Senior harmless from any loss or damages cash or attornies fees on account of said Guardianship or by reason thereof or on account of said bond and said securityship or by reason thereof, then and from thenceforth as well this present indenture and the right to the property hereby conveyed and any matter and thing therein contained shall cease and be void and of no effect any thing therein contained to the contrary notwithstanding. Otherwise to remain of full force and virtue.

In witness whereof the said Benjamin H. Ivy hath hereto set his hand and affixed his seal the day and year first above written.

Sampson Ivy

Signed Sealed and delivered
In the presence of

Benjamin H. Ivy
John Neal
Joseph Warden

Notary Public for Warren County

Recorded May 7, 1861, R. W. Wilder, Clerk

Source: Georgia Dept. of Archives & History
Georgia, Warren County Re

Will of
Mary Ivy
Submitted by Gail E. Frost March 1, 2000

Know all men by these presents that I Mary Ivy of said State and Warren County County of Columbia for and in consideration of the natural love and affection which I have and bear to my great grand daughter Elba C. Ivy daughter of Thomas W. F. Ivy of the State above written and County of Warren for and in consideration of the sum of Five dollars cash in hand in hand paid by the said Elba C. Ivy the receipt whereof is hereby acknowledged do by these present give and grant unto my said great grand daughter Elba C. Ivy all my property where and whatever it may be consisting of my house hold and kitchen furniture also all my many notes and accounts after my last debts are paid to have and to hold. The above mentioned property many notes and accounts unto my said great grand daughter Elba C. Ivy her heirs and assigns forever. I appoint my grand son Thomas W. F. Ivy Trustee for the property above given to my great grand daughter Elba C. Ivy with this distinct understanding that I am to hold the possession of the above mentioned property until my death and the said Thomas W. F. Ivy Trustee as above mentioned to take the possession of the above mentioned property many notes and accounts,etc. for the use of the above mentioned Elba C. Ivy.

In testimony whereof I have hereunto set my hand and affixed my seal this the 4th day of Mar. 1858.

Signed Sealed and Delivered her
In presence of : Mary X (mark) Ivy

John F. Johnson

Elum G. Ansley

Nicholas C. Bacon

Will of
Peoples Ivy
Submitted by Gail E. Frost March 1, 2000

GEORGIA, WARREN COUNTY

In the name of God, Amen. I Peoples Ivy of the County aforesaid do make and ordain this my last Will and Testament in manner and form following to wit: To God I commend my Soul and my body to the earth in decent burial. And my temporal goods I give First.

To my Executors. I wish them to pay all my just debts.

Second. I give my daughter Martha Ivy a Negro man Tim, a woman Silvy and her child with future increase, a man Anthony, one bed and furniture, with one half the home plantation, to begin at Smith's line, running thro the middle to the big survey. Provided she shall first pay into the hands of my Executors or within twelve months, two hundred dollars.

Third. I give my daughter Dicy Thomas one Negro man Sam.

Fourth. I give my daughter Dicy Thomas in trust for my daughter Susan McCrary during her life, and at her death to be equally divided between the children of Susan, two Negroes Charles and Dinah. Provided she shall pay a note and interest held by Dicy Thomas against Asa McCrary. And in the event it is not paid without, I wish my Executor to sell the property when and where he pleases and pay the said debt.

Fifth. THIS SENTENCE WAS STRUCK THROUGH - I give my daughter Dicy Thomas in trust for my daughter -----Davis one Negro Dinah.

Sixth. I give my grand-children, children of Moses Ivy, the tract of land whereon my son Moses now lives, containing about sixty or seventy acres adjoining lands of Robert Walton, Subject to the use of my said son Moses during his life.

Seventh: I give Elizabeth McCrary one hundred dollars.

Eighth. I give my wife during her lifetime fifteen acres of land out of any part of my land. She may choose Negroes Nancy, Burrell, Peg and Nelly, four hundred dollars in cash, to be paid in small sums as her circumstances may require it, to be judged of by my Executors, one horse, one bed, bedstead and furniture. And at her death, my daughter Dicy and Martha, may take and have what my said wife may not use, provided they maintain the old Negress, otherwise it may go into my estate.

Ninth. I give my grand children, children of Jesse W. Ivy fifty dollars each, to be raised out of my estate and remain in the hands of my executors free of interest and paid as they come of age.

Tenth. All the balance of my estate, whether of land, Negroes, debts or cash or any other article, thing or things, I wish turned into money by sale or otherwise, at such times or places as my Executors may think best; and the proceeds equally divided among all my children that may be living at the time of distribution provided the sale of land or Negroes shall be made the first Tuesday in the month, at the Court house in Warrenton after having twenty days notice. And that no sale shall be made without twenty days notice.

I hereby nominate, constitute and appoint my daughter Dicy Thomas Executrix, and Thomas Gibson, Executor of this my last Will and Testament. In testimony whereof, I have hereunto set my hand and seal the Nineteenth day of October Eighteen hundred and thirty four.

Signed, Sealed, published and declared, Peoples Ivy

In presence of;

Burch M. Roberts
Benjamin R. Palmer
John Gibson

Will of
Randolph Ivy
Submitted by Gail E. Frost March 1, 2000

GEORGIA, WARREN COUNTY

In the name of God, amen. I Randolph Ivy, of said State and County, being weak of body but of sound mind and memory, do make and ordain this my last Will and Testament - in manner and form following - that if today, to God I commend my Soul, and my body to the earth in decent burial; and as respected my temporal concerns; I will that all my just debts by paid.

Item first. I give to my son-in-law, George W. Hillman five dollars and no more.

2nd. I give to my daughter Evaline Hillman's children namely Cemantha Ann Hillman, Roanna Hillman, William Henry Harrison Hillman and Coalman W. Hillman, twenty-five dollars each to be paid them by my Executors as they arrive at lawful age.

3rd. All the balance of my estate, whether consisting of lands, Negroes, cash, stock, debts due or any other thing or things whatsoever, I give to be equally divided among my living sons viz: Isaias Ivy, Oliver Ivy, Lazarus Ivy, Zacheus Ivy, Bradford Ivy, Levi Ivy, Jeptha Ivy and Joel Ivy, share and share alike.

4th. I nominate, constitute and appoint my two sons Zacheus Ivy and Lazarus Ivy, Executors to this my last Will and Testament.

In testimony whereof have hereunto set my hand and seal, this 16th of April in the year of our Lord, one thousand eight hundred and forty four (1844).

Randolph Ivy

Signed and Sealed before us,

Anderson Ivy,
Freeman W. Rees
Elias Wilson

GEORGIA WARREN COUNTY

You Anderson Ivy, Freeman W. Rees(e) and Elias Wilson do swear that you saw the within named Testator, Sign, Seal, publish and declare this instrument of writing to be and contain his last Will and Testament and that at the time thereof, he was in opinion and belief, of sound disposing mind and memory and that he did it freely without compulsion and that you all became subscribing witnesses to the same at his request, in his presence and in the present of each other, to the best of your knowledge, so help you God.

Anderson Ivy
Freeman W. Rees
Elias Wilson

Sworn in open court, May Sixth, 1844

Recorded June-1844 by, Patrick N. Maddux, C.C.O.

Patrick N. Maddux, C.C.O.

Source: Georgia Dept. of Archives & History
Georgia, Warren County, Records, pp147,148

Will of
Sampson Ivy
Submitted by Gail E. Frost March 1, 2000

In the name of God, Amen.

I, Sampson Ivy of the County of Warren of State of Georgia being at this time in good health, and of sound mind and memory, do hereby make and declare this to be my last Will and Testament (as follows: To wit)

1st. My will and desire is that all my just debts be paid as soon as provision can be made for the same.

2nd. I hereby lend my dearly beloved wife, Milly Ivy, the plantation whereon I now live, during the term of her natural life also three Negroes (namely) Roger, Chloe, & Pheby, one bed and furniture, my riding carriage, and the choice of my horses.

3rd. I give and bequeath to my daughter Elizabeth Ivy, one Negro girl name Daphney, one boy named Jordan, one feather bed and furniture, and fifty dollars cash to her and her heirs forever.

4th. I give and bequeath to my daughter Charlotte Ivy, one Negro girl named Rachel, and one boy named Daniel, one feather bed and furniture, and fifty dollars cash to her and her heirs forever.

5th. My further will and desire is, that all the residue of my estate both real and personal, in whatever consisting, or wherever found, I leave to be sold, and the monies from such sale, to be equally divided between my five children, (to wit), Thomas Ivy, Polly Williams (late Polly Ivy), Jency McKenny (late Jency Ivy), Elizabeth Ivy and Charlotte Ivy. Also, at the death of my wife, my will and desire is that the property I lend her during her life should be sold and the monies arising from such sale to be equally between the before mentioned Thomas Ivy, Polly Williams, Jency McKenny, Elizabeth Ivy and Charlotte Ivy.

I hereby constitute and appoint my son Thomas Ivy my Executor to this my last Will and Testament. Revoking all other heretofore made. In witness whereof I have here unto set my hand and seal this Twenty-eighth day of February in the year of our Lord One Thousand Eight Hundred Fourteen.

Sampson Ivy

Signed, Sealed and acknowledged in Presence of

Barnard W. Fickling
Moses McKenny
John Lewis

Source: Georgia Department of Archives & History
Georgia, Warren County Records, p33

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