Georgia, Jackson County
3rd May 1857
in the Name of God Amen
I James Welborn being of sound mind & disposing memory, calling to mind
the uncertainty of life, and the certainty of death, do make ordain &
establish this my last will & testament.
Item 1 I give my body to the grave until the morning of resurrection,
& my soul to the Lord.
Item 2 I give & bequeath to my beloved wife Elizabeth Welborn during
her lifetime the land where on I now live together with the plantation, the
farming materials, house goods & kitchen furniture, all of my stock of
hogs, cattles & horses, imbracing all personal property.
Item 3 It is my will that my just debts be paid out of my effects or as
my executor may think most advantageous.
Item 4 It is my will and desire that all my afore said estate should
belong to & be under my wife's control during her life time if it should
be her choice.
Item 5 It is my wish that my sons James S. Welborn & John Y. Welborn
& John Jasper Cook should remain on the premises & take care of their
mother and Hannah Welborn as becoming affectionate sons and brothers and if
they do, I wish for them to have all they can make over and above
support equally share & share alike if afore said James, John & John
Jasper Cook should shrink their task to hand and refuse & neglect to take
care & support their mother & Hannah Welborn during their lives I then
wish my wife to sell my land, and stock aforesaid, and live on the proceeds.
Item 6 It is my wish that William Welborn's two sons, Cobb & Ennas
should have the land where on William now resides from the Wall spring branch
to where the old line crosses the creek & over then up to Dry Branch to
Item 7 It is my wish that M. H. Welborn's son Simon should have the land
whereon said Welborn now resides, beginning on the creek on Lacy Line thence
to a Black Jack on Rooks line near A. T. Welborn's shop. Thence on a
north course to Beaver Ruin Creek thence down said creek to the mouth of Walls
Item 8 The land specified in the second item is the land not willed to
Cobb Welborn's sons and M. H. Welborn's son Simon the remainder of my land
where I now reside.
Item 9 I wish Emily Cook to remain with my wife during her final life
time & be delt with as one of the family and if Emily remains with the
family during my wife's life time I wish her to have a bed.
Item 10 It is my will that if the aforesaid James S. Welborn & John
Y. Welborn & John Jasper Cook should well & truly perform what is
enjoined on them in the five items as regard to taking care and supporting
their mother and Hannah Welborn during their lives then the remaining to be
equally divided between them three.
Item 11 It is my will that my executors will attend to the law suit that
is now in court and if they should discover the land in dispute therein that
would be mine according to the agreement between me and B. F. Burson now in
possession of M. Millsap should be given to A. T. Welborn's sons James C. and
William in land or it's value.
Item 12 It is my will that James S. Welborn and B. F. Burson by my
executors to this my last will and testament herein under my hand and seal
this 3rd day of May 1857
signed James Welborn
W. G. McElhannan