Last Will and Testament of General Lee Sr., Bulloch County, GA.
Submitted by Barbara Beasley
Will Book 9-A† pages 68-70
Will written April 13, 1861
Proved August, 1862
State of Georgia
In the Name of God Amen.
I General Lee Senior of the County of Bulloch and State of Georgia being of sound and disposing mind and memory and being desirous of settling my worldy affairs while I have strength so to do, I do make and publish this my last Will and Testament hearby revoking all wills by me at any time heretofore made and first I commit my soul to God who gave it and my body to be buried in a plain decent Christian like manner, and Wordly Estate I dispose of as follows first I wish all my Just Debts be first paid by my Executors who I will hearafter mention as there is no cause for delay.
Item Second††††† I give and bequeath unto my Beloved Wife Nancy Lee during her lifetime or widowhood my negro man named Andrew and my Two Negro girls named Lina and Gasseet, one Horse, Five Cows and those calves, Ten head of sheep, one Bed & Stead and clothing, and one years support and to remain on the plantation during her lifetime or widowhood, but in the Event my said wife should ever marry then I want her to have a childs part of my Estate and after her death I give the plantation to my Son James and one hundred acres more or less taken of the land known as the Mikell Land the dividing line I have already made and my Two Sons Benjamin C. Lee and John C. Lee have the priviledge to back notes on Said Land Given to my sons James so it does not Interfear with any of the land that is now under fence but in no case can they convey this privilege to any other person whatever and my said son James is to pay into my Estate Eight Hundred dollars for said Land.
Item 3††††††††††††††† I give and bequeath unto my Grand Daughter Eliza Groover one thousand Dollars in Cash
Item 4††††††††††††††† The Balance of my property I wish to divide as follows share and share alike.† One share to my son, Benjamin C. Lee of which he has already received as his Receipts will show Eleven Hundred dollars, one share to my son, John C. Lee of which he has already received thirteen hundred dollars as his Receipts will show, one share to my son General G.W. Lee of which he has already received three hundred dollars as his Receipts will show and Eighty-Four dollars for which I have no Receipt.† One Share to my son James Lee of which his is to pay into my Estate according to Second Item† Eight Hundred dollars and one share to my Daughter Nicy Macleanís children, wife of W. H. MacLean of which I have his Receipt for one hundred dollars to Wit Andrew N. MacLean, John P. MacLean, Lewis B. MacLean, Ann Jane McElven and Sara Martha Hussey and thereby ordain, nominate and appoint William H. MacLean Trustee for the property given the above named Children. One share to my daughter Ann Lester,† wife of William Lester, and her children.† One Share to my daughter Jane Wilson, wife of A J† Wilson and her children and one share to my daughter Mary Wilson, wife of Jasper Wilson and her children.
Item 5†††††††††††††††††††† I hearby ordain, nominate and appoint my two sons Benjamin C. Lee and General G.W. Lee and my worthy son-in-law William H. MacLean my executors to carry this my last Will and Testament into Full effect.
In Witness whereof, I the said General Lee, Senior that here unto set my hand and seal to this my Last Will and Testament this April 13, 1861.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† † ††††††††††††††††††††† ††His†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††† General† X†† Lee Sr. L.S.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† † Mark
Signed, Sealed, Published and declared by the above named General Lee Senior as his Last Will and Testament in the Presence of us who at his request in the presence of Each other have subscribed our names as witnesses hereto April 13th, 1861.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† A. I. Hendry††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††† Wm Aron
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† A B Miller
Bulloch Court of Ordinary††† August Term 1862
The Will of General Lee Senior being produced in open court for probate by the Executors who filed those petitions to prove the same, Augustus B. Miller, Alford I. Hendry, Two of the Witnesses to said will having subscribed the following affidavit indorsed on Said Will August Term 1862 of Bulloch Court of Ordinary came into open court at this Regular Term of Court, Augustus B. Miller and Alford I. Hendry and being duly sworn, depose that they saw General Lee Senior sign and publish the within as his Last Will and Testament while of sound and disposing mind that they witnessed the same for him at his Request and in his presence and of Each other and that they saw William Aron do likewise and the same was executed voluntarily by him on the day it purports to have been Executed.††††††††††††††††††† ††††††††††††††††††††††††††Sworn to before me
This 4th August, 1862†††††††††††††††††††††††††††††††††††† A I Hendry
William Lee _____††††††††††††††††††††††††††††††††††††††††††††††††††††† A B Miller
In the Matter of the††††††††††††††††††††††††††††††††††††††††††††††††††††† In the Court of Ordinary
Probate of the Will of††††††††††††††††††††††††††††††††††††† of Bulloch County
General Lee Sr.†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† August Term 1862
It appearing to the Court from the testimony that the instrument in writing saught to be propounded and purporting to be the Last Will and Testament of General Lee Sen was duly Executed by the said General Lee Sen as his Last Will and Testament that the said General Lee Sen at the time of Executing said Testament in writing was of sound and disposing mind and understanding and that the said Testament was executed in the presenc of Alford I Hendry, William Aron and August B Miller when in the presence of each other and of the said General Lee Sen and at his request signed these names as witnesses to the due Execution of the same, it is considered this the said instrument in writing is the Last Will and Testament of the said General Lee Sen and as such ordered to probate and Record and that Benjamin C Lee, General G W Lee and William H MacLean the Executors named in said will be quallified this 4th August, 1862.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† William Lee, Sen† Ordinary
General G W Lee, Benjamin C. Lee and William H MacLean, Executors named in the Will of General Lee Sen came before the Court and was quallified to Execute said Will.
August 4th†† 1862
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† William Lee Sen Ordinary
Recorded this 8th day of August 1862
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† David Beasley† DAOCCOBC† (?)
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† (Clerk of Court)
Transcribed July, 2001.
General Lee was born in NC in 1783.† First record of his being in Bulloch County was 1803.† He married Nancy Cook of Bulloch County on December 26, 1809.
Their children-† Nicy (b. 1811, died 1850ís), Benjamin C. (b.1814), General GW (b. 1816), Ann (b. 1818, died 1893), Jane (b. 1821), Mary (b. 1828), John C. (b. 1830), James (b.1833), Elizabeth M. (no birthdate, married William Groover 12/07/48, and predeceased her father.)