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Will of Isaac David


2 October 1839
Madison County, GA
Book A, pages 113-116

In the name of God, Amen - I, Isaac DAVID of the county of Madison & State of Georgia, being of sound mind & memory, do make & constitute this instrument of writing to be my last will & testament, revoking all other wills, in the manner following (Viz)

Item 1st -- I will & desire that all my just debts be paid out of my Estate by my Executors herein after named.

2nd - I will & desire that the original tract of land whereon I now live, containing four hundred & forty acres more or less, granted to BARNETT & McDANIEL, be sold and divided into ten equal parts, the heirs of my body in the following manner - Palina DAVID & her issue the one tenth of the above named property; & the one tenth to go to William BROOKS for the use of Charity BROOKS his mother; & the one tenth to the lawful heirs of Isaiah DAVID deceased; & one tenth to Seala BALDWIN & her issue; & one tenth to Henry DAVID & his heirs; & one tenth to Elizabeth VAUGHN & her issue; & one tenth to Mildred WILEY's lawful heirs & George WILEY to have an equal share with the lawful heirs of his deceased wife; & one tenth part to Caroline GLORE & her lawful heirs; & one tenth part to Locky MOON & her issue; & one tenth to Jacob W. DAVID & his lawful heirs; & also one tract of land drawn by myself in Muscogee County to be divided equally among the distributees in the same like manner as the above named lands whereon I now live.

4th - I will & desire that all the balance of my lands, farming tools, household goods & chattels, stock of all kinds with all my servants with all their increase to be sold and divided into Seventeen equal parts & that ten of those parts be distributed to the children & offspring of my body as follows - Palina DAVID & her issue the one seventeenth part of my Estate named in the fourth item; & William BROOKS for the use of Charity BROOKS his mother the one seventeenth part of my Estate named in the fourth item; & one seventeenth part to go to the lawful heirs of Isaiah DAVID deceased named in the fourth item; Celia BALDWIN & her issue to have the one seventeenth part of my estate named in the fourth item; & the lawful heirs of Henry DAVID deceased to have the one seventeenth part of my estate named in the fourth item; & Elizabeth VAUGHN, who having a claim against a Negro woman PATSY& her issue, has relinquished her claim of said Negroes by receiving a Negro boy HUMPHREY, & is to have the one seventeenth part of my estate named in fourth item; & the lawful heirs of Mildred WILEY to have the one seventeenth part of my estate named in the fourth item & also George WILEY is my desire to have a equal part with the lawful heirs of his deceased wife; & Carline GLORE & her issue to have the one seventeenth part of my estate named in the fourth item; & Jacob W. DAVID & his heirs to have the one seventeenth part of my estate named in the fourth item; & Locky H. MOON & her heirs to have the one seventeenth part of my estate named in the fourth item; & the remaining seven parts to be equally divided among the following seven children of the heirs of my wife as follows (Viz) Mary ALLEN &her issue is to have the one seventeenth part of my estate named in the fourth item; & the lawful heirs of Mildred COOPER deceased is to have the one seventeenth part of my estate named in the fourth item; & Susannah JOHNSON & her issue is to have the one seventeenth part of my estate named in the fourth item, & Alexander VAUGHN & his heirs to have the one seventeenth part of my estate named in the fourth item; & Martha MARTIN who, having a claim against a Negro woman MILIA & her increase, who relinquished her claim as an Executrix on the estate of Cliff MARTIN deceased by receiving a Negro girl ELIZA, & is to have the one seventeenth part of my estate named in the fourth item; & Elizabeth DAVID & her issue to have the one seventeenth part of my estate named in the fourth item.

5th - I will & bequeath to Carline GLORE the tract of land whereon she now lives during her life & then to her lawful heirs, this is in the room of two hundred dollars which I gave to all the children or land to that nature. This tract of land cost four hundred dollars & she will pay out of her part two hundred dollars to my Executors.

7th - It is my wish that this will be settled in peace & quietness & if unfortunately any dispute should arise my desire is it should be left to arbitration by three disinterested men, the parties disputing to choose two men & these two to choose a third man and their decision to be as final as if decided in any court of law or equity in this State.

8th -- & lastly I nominate & constitute & appoint my son Berry M. DAVID & Alexander VAUGHN Executors to this my last will & testament.

In witness whereof I have hereunto set my hand & affixed my seal this the second day of October One Thousand Eight Hundred thirty nine.

Isaac (X) DAVID

Test.
Martin TILLER
Berry HARTSFIELD
William GLENN, Sr.

Georgia
Madison County
Court of Ordinary May term 1840
Personally appeared in open court Martin TILLER, Berry HARTSFEILD and William GLENN Sr. and after being sworn saith that they saw the within named Isaac DAVID sign by making his mark & seal & acknowledge the within named instrument of writing to be his last will and testament and that they believe him to be in his perfect senses.
[Transcriber's note: There are is no "3rd" or "6th" Item shown on the will]

Contributed for use on this site by Jeanne Arguelles, ejarguelles@msn.com July 2004

 

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