Fayette County, GA Wills & Probate Records -

William Brassell 29 Jun 1860


Will Book A, Pages 195-198

Georgia}
Fayette County} June 29th 1860

In the name of God Amen
I William Brassell of said State and County feeling myself in common health and of sound mind and knowing the uncertainty of life and the certainty of death do make this my last will and testament, in the first place I wish to commit my soul to the creator that gave it and my body to be buried in common decent form, And all my worldly estate of all and every kinds I wish disposed of in the following manner. I have eleven legal heirs, viz James M. Brassell, Sally Alford, Celia Cavender, John C. Brassell, Jabez M. Brassell, Delilah Moses, Martha Brassell, Phillip H. Brassell, Britton W. Brassell, Laodica Alford, Alsa H. Brassell. I have here to fore given to Sally Alford, James M. Brassell, Celia Cavender & Britton W. Brassell, sufficient to be their equal distributive share of all my worldly estate but I will at my death that my executors pay to each of those five dollars more out of the affects of my estate and I will that my slave property be disposed of in the following manner, Delila Moses to have Moses and her two youngest sons Philip Moses Hiram Drewry Moses to have Tilda to be equally between them
when they arrive at mature age said Tilda to be hired out by my executors and all the proceeds or increase if any to be also divided equally between them. Martha Brassell I will to have Isaac, John C. Brassell to have Madison and Alva H. Brassell to have? Beeffire?, the balance of my slave property I will to be de???d of by lot amongst or
between equally all my heirs except Sally, Celia, James and Britton and if they cannot be equally ?????? out I wish my executor to make each lot of equal value by applying of the proceeds of other property. Now after
the foregoing distribution, I will that all my other property, lands, slaves, and household property except a trunnel ?Broadstrap? Begs? and furniture to be given to Alva H. Brassell without any charge, I wish all the balance sold according to Law and equally divided amongst all my heirs except James, Sally, Celia and Britton. And I do hereby ordain and appoint Thomas C. Matthews my int?? executor of this my last will and testament in witness of whereof I hereunto set my hand and seal the day above written in presence of us
William Jones}
Samuel T Rhodes?} William Brassell (sig)
????????????}


Source: Fayette County GA Probate Court
Written: July 26 1861
Recorded: July 16 1863

PG 221 - 223
Georgia}
Fayette County}

We the undersigned as Legatees and distributees under the will of William Brassell which will is dated June the twenty ninth eighteen hundred and sixty (June 29th 1860) In order to carry out the intention of said Testator and
prevent future litigation, agree that said will shall be construed as follows, and the division of said property under said will shall be as follows by the administrators on said estate with the will annexed, that the will shall be
construed as follows, That it was the intention of the Testator that Mose, a Negro man, bequeathed to Delila Moses; Isaac, a Negro boy, bequeathed to Martha Brassell; Madison, a Negro boy, bequeathed to John C. Brassell; Russill? a Negro man bequeathed to Alva F. Brassell, should be given to them in lieu of the advancements made by the Testator in his lifetime to James M. Brassell, Sally Alford, Celia Cavennah, Jabez M. Brassell, Phillip H. Brassell and Ludicy Alford and that said Negroes above specified be delivered to said Legatees, as mentioned in said will to make them equal with those legatees above named, who received advancements in the lifetime of the Testator. We further agree, that the administrators with the will annexed be authorized to execute, to Britton W. Brassell, a good and sufficient title to a certain Negro boy named Simon
about fourteen years of age, belonging to the estate of said Testator in order to make him equal with the balance of the legatees, he having received nothing by advancement nor specific legacy under the will, Tilda a Negro girl mentioned in said will, to be disposed of according to said will, and we all agree and consent, that acre of ground including the family grave yard, with the right of way to the same, shall be reserved by the administrators with the will annexed, and not sold or deede to any person, and that said administrators shall erect suitable and neat? monuments over the graves of the Testator and his deceased wife, and William J. Brassell, his deceased son, and also erect a suitable monument to the memory of Titus L. Brassell deceased all to be paid for out of
the estate or assets of said estate; Then the balance of the property of every description belonging to said estate to be legally sold by said administrators with the will annexed (as the same cannot be divided equally to the interest of the Legatees) and the proceeds of said sale be equally divided amongst all the Legatees, mentioned in said will to wit, Sally Alford, Celia Cavannah, James M. Brassell, Delila Moses, Martha Brassell, John C. Brassell, Jabez M. Brassell, Phillip H. Brassell, Britton W. Brassell, Ludicy Alford and Alva F. Brassell.
Given under our hands and seals this the 26th day of July 1861.
Attest
Signed sealed and delivered in the presence of L. D. Padgette
R. R. Rogers J. P.

P. H. Brassell (LS)
John C. Brassell (LS)
Jabez M. Brassell (LS)
Alva Brassell (LS)
B. W. Alford (LS)
Ludicy M. Alford (LS)
Willis Brassell (LS)
Martha Brassell (LS)
Delilah Moses (LS)
Britton W. Brassell (LS)

Attest
Signed sealed and delivered of us this May 20th 1863
B. W. Alford
Joseph L. Bishop JP (LS)

James M. Brassell (LS)
Scott County Mississippi
Spire (his mark) Alford (LS)
Scott County Mississippi
Sally (her mark) Alford (LS)
Scott County Mississippi
Celia (her mark) Cavenah (LS)
Scott County Mississippi

State of Mississippi}
Scott County}
I B. W. Bonds? Clerk of the probate court in and for said County and State hereby certify that the above Joseph L Bishop whom subscribed the foregoing Testament as a witness is one of the acting Justice of the Peace in and for said county duly authorized as such with full power to administer oaths and witness ?????? under the statutes of this State and that his signature aove subscribed is genuine.
In testimony whereof I have hereunto subscribed my official signature and affixed the seal of my office this May 21th 1863.
B. W. Bonds Clerk
Probate Court of Scott County

State of Mississippi}
Scott County}
I James W. Wafford Judge of the probate court in and for said county and state do hereby certify that the above named B. W. Bonds who subscribed the above and foregoing certificate as clerk of the Probate court of said County and affixed the seal of said court thereto is in deed commissioned as such and duly authorized to ??? the seal of said court and that his signature subscribed to said certificate is genuine. In testimony whereof I have hereunto subscribed my official signature and affixed my ???ate seal, and seal of said court this
21st day of May A. D. 1863
J. W. Wafford
Judge of Probate Court of Scott County

Recorded this 16th day of July 1863
Geo C. King Ordinary and Exofficio Clerk

Additional Comments:
Disposition of Will/Annex


Transcribed & Submitted by Linda Blum-Barton

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