Richard Walters Last Will and Testament, 1854

Source: Sue Webb

Last Will and Testament of Richard Walters

State of Georgia
Washington County
August Term 1859

In the name of God amen
I Richard Walters advanced in age weak in body sound in mind knowing I must shortly depart this deem it right that I should make a disposition of the property which a kind providence has helped me with I therefore make and declare this to be my last Will and Testament I hereby revoking all other Wills that I may at any other time have made – I desire my body to be buried in a christian manner my soul I trust will return to God who gave it as I hope for eternal salvation through the blessed Lord and Savior Jesus Christ whose religion I have professed and I believe and humbly trust enjoyed forty three years I desire that all my just debts be paid without delay by my Executors

First devise – I give and bequeath to my beloved wife Margaret Walters for and during her natural life the plantation and all the land belonging to it on which I now live together with all my plantation tools also all my household and kitchen furniture also all my Hogs Sheep Horses Mules and Cattle carriage carts and waggons also all the provisions corn fodder and grain and all the crop that may be growing on my plantation at my death or so much as she may see fit to take also my negroes slaves Jim Marja Ann and her child Jim-Young Mariah Herrad and Ellick and their issue I also give my wife Margaret my negro woman old Maria to dispose of at her death as she pleases After the death of my wife Margaret Walters the plantation with the plantation tools hogs sheep horses mules cattle all the household and kitchen furniture the provisions of all kinds the growing crop and every and all things that may be on the plantation at the death of my wife except the negros be sold also all the land I own in the counties of Lawrence Emanel and Montgomery be sold at the death of my wife to the best possible advantage and the money arising from the sale of said property at the death of my wife Margaret Walters be equally divided between my following children Cloe McLendon formely Cloe Walters Thomas Lumson Walters Sebron Walters Gadsey Webb formely Walters and Richard B.G. Walters and go to them for and during there natural lives and at there death to their lawful children. The portion of the money giving to Thomas Walters shal be held in trust by Simeon Walters and Richard B.G. Walters or either of them as trustees for Thomas Walters and the interest or profits arising from said money to be annully used for the support of Thomas Walters and his family not to be subject to the debts contracted or controll of the said Thomas Walters and the portion of of the said Thomas Walters and the portion of money going to Cloe McLendon shall be held in trust by Simeon Walters and Richard B.G. Walters or either of them as trustees for Cloe Mclendon and the interest or profits arising from said money to be annualy used for the support of Cloe McLendon and her children said money and income is not to be subject to the debts contracted or controll of her husband Burwell McLendon or any other future husband the money or portion going to Gadsey Webb is to be held in trust by Simeon Walters and Richard B.G. Walters or either of them as trustee for said Gadsey Webb the interest or income arising from her portion is annualy to be used for her children and husband support Should the said Gatsey Webb die leaving no children then her share or portion is to go to and be equally divided between Cloe McLendon Simeon Walters Thomas Walters Seaborn Walters and Richard B.G. Walters for and during there natural life and at their death to their lawful children

Second Devise - I give and bequeath to my son Richard B G Walters after the death of my wife Margarett Walters the following named negroe slaves Jim Marja Ann and her child Jim and Young Mariah and their increase for and during his natural life and at his death to go to his lawfull children in case he leaves no lawfull children but leaves a widow she is to have the use of said property for and during her widow hood or natural life at her marriage or death the property is to go to and become the property of Cloe McLendon Thomas Walters Simeon Walters Seaborn Walters Gadsey Webb and to be equally divided between them for and during their natural lives, and at their death to their lawfull children, The portion that would go to Cloe McLendon and Thomas Walters and Gadsey Webb to be held in trust and disposed of in the same way as the property that goes to them after the death of my wife Margarett Walters mentioned in the first devise The portion that would go to Cloe McLendon and Thomas Walters from Gadsey Webb mentioned in the first devise and the portion going to them and Gadsey Webb from Richard B. G. Walters property shall be held in trust and disposed of in the same manner their portion is held and disposed of at the death of my wife Margarett Walters mentioned in the first devise

Third Devise – I give and bequeath to my son Simion Walters at my death my negro man slave named Herrod for and during his natural life at his death to his lawfull children.

Fourth Devise – I give and bequeath to my son Seborn Walters after the death of my wife Margarett Walters the negro man slave named Ellick for and during his natural life at his death to his lawfull children

Fifth Devise – I give and bequeath into my daughter Cloe McLendon wife of Burwell McLendon the following named negro slaves Darcas Andrew Little Chariety and Scott together with their increase for and during her natural life and at her death to her lawfull children to be held in trust by Simeon Walters and Richard B G Walters or either of them as trustees for said Cloe McLendon and her children and the said negros and their increase and proffits not to be subject to the debts contracts or controll of her husband Burwell McLendon neither subject to any other husband she may have

Sixth Devise – I give and bequeath unto my daughter Mary Walker wife of Pat Walker for and during her natural life and at her death to her lawfull children the following named nergo slaves Charlotte and her two children George & Arron and Daniel I bequeath to my daughter Mary Walker for and during her natural life at her death to her lawfull children after the death of my wife Margarett Walters the sum of five hundred dollars and she has no further claimes in and to my estate.

Seventh Devise – I give and bequeath unto my son Thomas Walters for and during his natural life and at his death to his lawfull children the following named negroes slaves Tolmson Freeman and Dick also the land in which he now lives containing four hundred acres more of less lying in Lawrence Emanuel and Montgomery counties said land and nergos slave to held in trust by Simeon Walters and Richard B G Walters as trustees for Thomas Walters the proceeds arising from said land and negroes to be annually used for the support of Thomas Walters and his family said land and negroes and any profits arising from this is not to be subject to the debts contracts or controll of Thomas Walters

Eighth Devise – I give and bequeath to my daughter Gadsey Webb wife of John C Webb for and during her natural life and at her death to her lawfull children the following named megro slaves Piety Crawford Mahaley and Elbert and their increase should Gadsey Webb die and leave no lawfull children the said named negroes to go and become the property of Cloe McLendon Thomas Walters Simeon Walters Seborn Walters and Richard B G Walters for and during their natural lives and that their deaths to their lawfull children, the portion that will go to Thomas Walters and Cloe McLendon is to be held and disposed in the same way as the property is to be held and disposed of after the death of my wife and Richard B G Walters as mentioned in the first and second devise

Ninth Devise – I give and bequeath to my daughter Margarett A Jones for and during her natural life at her death to her lawfull children the following named negroes Gurty Ann Hannah and Windsor and their increase and the following amount of money at the death of my wife Margarett Walters the sum of seven hundred dollars and she has no further claimes in my estate

Tenth Devise – I give and bequeath to my son Seaborn Walters for and during his natural life and at his death to his lawfull children Isaiah and Jermiah and their increase

Eleventh Devise – I give and bequeath into my son Simeon Walters for and during his natural life and at his death to his lawfull children the following named negroe slaves Abel and Leah and their increases

Twelfth Devise – My negro man Boney and his wife Rachal is not to be separated and is to go and become the property of one of my children such and only as Boney may select and the one that takes Boney is to pay for Boney and Rachal such sum of money as there disinterested may say Boney and wife Rachal is worth and the money with the interest to be put with the money arrising from the sail of the property after the death of my wife Margarett Walters and be disposed of as part and parcal of said money

The negro slaves I give to my daughter Cloe McLendon named Darcus Little Charity Andrew Scott together with their increase in case she dies leaving no lawfull children to revert to and become the property and be equally divided between Thomas Walters Simeon Walters Seaborn Walters Gadsey Webb and Richard B.G. Walters for and during their natural lives at their death to their lawfull children. The portion that would go to Thomas Walters and Gadsey Webb shall be held and disposed of for them as their portion is held and disposed of in the first devise after the death of my wife Margarett Walters and is done in the second devise after the death of Richard B G Walters if Henry McLendon dies leaving no lawfull children then his portion to be disposed of the same as is disposed of his mother Cloe McLendon died leaving no lawfull children

- I heareby appoint and constitute my son Simeon and Richard B G Walters my Executors to this my last Will and Testament dated this 23rd day of August 1854

In witness whereof I have here unto set my hand and seal
Richard Walters (seal) and (mark)

Signed sealed and published by Richard Walters as his last Will and Testament in the presence of us the subscribers who subscribe our names here unto in the presence of said Testator and of each other this 23rd day of August 1854

William Jones Lawton
J.R. Smith
Marthew C. Williamson

State of Georgia
Washington County

I Haywood Brookins Ordinary in and for the county and state aforesaid do hereby certify that the attached seven pages of cafs paper contains a true copy of the last Will and Testament of Richard Walters late of Washington County deceased as apear of record in my office

Given under my hand and seal of office in Sandersville this 16 September 1857

Haywood Brookins
Ordinary Ex Office Clerk (seal)

The above is a true copy of Richard Walters Will which was sent from Washington County where he deceased now Johnson county this September 8th 1859

Theophilus Christian Ordinary Ex Office Clerk (seal)