Fayette County, GA Wills & Probate Records -

John Milner

Transcribed by Beverly Giles Loffler  beverly@jloffler.com

 

Tallapoosa Co. AL Will Record Vol. 1 1838-1907

Pages 63, 64 and 65

LDS Microfilm Number 1304546

Salt Lake City UT

WILL OF JOHN MILNER 1851

State of Georgia

Fayette County

In the name of God, Amen

I, John Milner of said State and County being of advanced age and knowing that I must depart this life, deem it right and proper both as regards my family and myself that I should make a disposition of the property with which a kind providence has blessed me, do therefore make this my last will and testament hereby revoking all others heretofore made by me.

First.  I give and bequeath to my daughter Nancy Simmons three negroes to wit; a woman by the name of One and her two girl children.

2nd  I give and bequeath to my daughter Martha Graden on negro woman by the name of Harriet.

3rd  I give and bequeath to my daughter Susan Cade the sum of two dollars together with what she had received from me at the time of her marriage.

4th  I give and bequeath to my daughter Mary Knowles two negroes to wit; Lucy, a woman and her son Henry.

5th  I give and bequeath to my son Robert Milner one hundred and sixty five acres of land in Henry County, adjoining James Campbell leasor, he last had possession of this land for some time.

Item 6  I give and bequeath to my son John M. Milner one negro man by the name of Cob and two hundred and a half acres of land in Henry County, adjoining Henry Couch, he has had possession of this land for some time.

7th  I give and bequeath to my son Joshua Milner two hundred, two and a half acres of land in DeKalb County near Decatur and adjoining James Kirkpatrick and two negroes one a boy by the name Jim, the other a girl by the name of Eliza, all now in his possession.

8th  I give and bequeath to my son Thomas Milner one negro man by the name of Adam, now in his possession.  Remarks and Explanation.  The property willed above is in their possession or have been for some time, I have given it to them and forever quit claim to the same.

9th  Now at my death and after the death of my beloved wife Susan, I give and bequeath to my son [blank] as before named and my son Jefferson Milner and my son Jackson Milner and my son William Milner the following property to wit; One negro man named Nelson, one negro man named George and one negro woman named Betsy, one hundred and fifty two acres land in the County of Fayette and fifth district, being part of lot No. 41 forty one, one square of land Two hundred two and a half acres in 12 district of Henry County adjoining Washington Morris, and all my stock of horses, mules, cattle and hogs, my wagon and carriage and all my household and kitchen furniture, and all the money due me, or that may be obtained in suit or that may be collected from any suit in law after my death and the death of my beloved wife Susan this is to be equally divided between my sons Jefferson, Jackson and William as above named, but if either Jefferson, Jackson or William should die before the come in possession of their share the surviving ones as above named shall be entitled to his share of said property willed by me.

10th  Now in as much as three of these my sons to wit; Jefferson, Jackson and William are at this time mentally deranged, I do desire that my son R. M. Milner should provide for the feeding and clothing of them and in between take care of their share of the above named property, and not give them the control of it unless they or either of them should become sane and in their right mind and capable of taking care of it themselves.

11th  I hereby constitute and appoint my sons R. M. Milner and John Milner my executors of this my last will and testament this 28th day of March 1848.

John Milner-his seal

Signed Sealed Delivered and published by John Milner as his last will and testament in the presence of said testator at his special instance and request.

Test.

T. D. King

G. C. King

M. J. Murphy

The foregoing will was filed in office November the 30th 1850 and was on the 21st day of March 1851 admitted to probate as to the personal Estate by Depositions and ordered to be recorded.  And duly recorded April the 1st 1851.

M. C. Lane, Judge of Probate

By Simeon Goolsby, Clerk


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