Screven County Wills & Probate
|Emanuel, David 1813|
|Lee, David 1817|
|Lee, James 1859|
|Mallard, Hiram 1870|
Georgia, Screven County, Nov. 3, 1817
Scriven County Know all men by these presents that we Mary Lee, James Ponder and Henry McGee are held and firmly bound to their Honor the Judge of the Court of Ordinary for said County and their successors in office, in the sum of three thousand dollars to be paid to the said judges or their successors, to which payment well and truly to be made & done, we bind ourselves our heirs, executors and Administrators, in the whole and for the whole, jointly and severally, firmly by these presents. Sealed with our seals and dated this 3rd day of November 1817.
The Condition of the above obligation is such, That if the above bound Mary Lee administrator of the goods and chattels, rights and credits of David Lee, late of this county, deceased, do make a true and perfect inventory of all and singular the goods and chattels rights and credits of Sd. Dec’d which have or shall come to the hands or possession of the Mary Lee or in the hand or possession of any other person or persons for her and the same so made do exhibit into the office of Sd. Court of Ordinary when she shall be thereunto required, and such goods, chattels and credits do well and truly administer according to law and do make a true and just account of all actions & doings therein when she shall be thereunto required by the said Court of Ordinary for said County & all the rest of the goods, chattels & credits which shall be found remaining upon the account of the Sd. Administration the same being first allowed of by Sd. Court shall deliver and pay to such person or persons respectively as are entitled to the same by law, and if it shall hereafter appear that any last Will & testament was made by the said deceased, and the same be proved before said Court and the executor obtain a certificate of the probate thereof, then the said Mary Lee do in such, if required, render and deliver up the said letters of administration then this obligation be void.
Signed, Sealed & Acknowledged her
In open Court Mary x Lee (Seal)
Seaborn Goodall Clk. mark
Henry McGee (Seal)
James Ponder (Seal)
Scriven County I Mary Lee do solemnly swear that David Lee deceased died without any Will as far as I know or believe, and that I will, well and truly administer all & singular the goods and chattels, right and credits of the said dec’d & pay all his just debts as far as the same will extend & the law requires me & that I will make a true & perfect inventory of all & singular the goods & chattels, rights, & credits of the said deceased, and a just return thereof when required-So help me God.
Sworn to in open court her
This 3rd November 1817 Mary x Lee
Seaborn Goodall Clk. Mark
Recorded this 29th day of March 1828
Seaborn Goodall C.C.C.
Scriven County Georgia, Court of Ordinary, November 28, 1859
David M. Lee, James D. Lee, Curtis Humphris, Barnett Newton are held and firmly bound and obliged unto the honorable D.E. Roberts, Ordinary of Scriven county, and his successors in Office in the sum of Thirty Thousand Dollars to be paid to the said Ordinary, his successors in office, or assigns, for which payment well and truly to be made and done, we bind ourselves jointly and severally, and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated at Sylvania, this 28th day of November in the year of our Lord one thousand eight hundred and fifty nine.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bound David M. Lee & James D. Lee administrators of the Goods, Chattels and Credits of James Lee Deceased, do make a true and perfect inventory and appraisement of all and singular the Goods, Chattels and Credits of the said Deceased, which have or shall come to the hands, possession or knowledge of the said David M. & James D. administrators as aforesaid or into the hands or possession of any other person or persons for them and the same so made do exhibit unto the said Court of Ordinary, when they shall be thereunto required, and such Goods, Chattels and Credits do well and truly administer according to Law, and make a true and just account of their actings and doings therein, when required by the Court of ordinary for said County; and all the rest of the Goods, Chattels and Credits which shall be found remaining upon the account of the said administration, the same being first allowed by the said Court, shall deliver and pay to such persons respectively as are entitled to the same by Law; and if it shall hereafter appear that any last Will and Testament was made by the said deceased, and the same be proved before the Court, and the Executors obtain a certificate of the Probate thereof, and the said David M. Lee & James D. Lee do in such case, if required, render and deliver up the said Letters of Administration, then this Obligation to be void, else to remain in full force.
Sealed And Delivered
In Presence of
D.E. Roberts, Ordinary David M. Lee (L.S.)
James D. Lee (L.S.)
Curtis Humphris (L.S.)
Barnett Newton (L.S.)
Recorded November 28th 1859
D.E. Roberts Ordinary
We do solemnly swear that James Lee deceased died without any Will as far as we know or believe, and that we will well and truly administer, on all and singular the goods and chattels, rights and credits of the said deceased, and pay all his just debts, as far as the same will extend, and the law requires us; and that we will make a true and perfect Inventory and appraisement of all and singular, the goods and chattels, rights and credits, and a just return thereof, when thereunto required.-So help us God.
Sworn to before me, this 28th day of November in the year 1859
D.E. Roberts, Ordinary David M. Lee
James D. Lee
Source: Screven County Courthouse, Sylvania, Georgia.
Book 1 (Record of Wills, Screven County) pages 167 and 168
State of Georgia}
Screven County } I Hiram Mallard of the county and state aforesaid being considerable advanced in years and of rather feeble frame and health and knowing the uncertainty of life, but being of sound and disposing mind. And desirous of settling my little worldly affairs before I die, do make, ordain and establish this as my Last Will and Testament.
Item 1.- I desire and direct that my executor hereinafter named shall collect all debts that may be due to my estate and shall pay and discharge all debts that may be due by my estate and all expenses incurred by him in the execution of this my will.
Item 2.- I give devise and bequeath to my beloved wife Eliza E. Mallard the place on which I now live, with all the dwelling during the term of her natural life and at her death to be sold and divided between my children or the heirs of their body. I also give her to be hers absolutely, subject to her own disposal, one buggy, one cart, one mule, 5 cows and calves, one Bed and Mattress, one years provisions, and all the household and Kitchen furniture and farming implements belonging to the plantation-
Item 3.- I desire and direct that if my two sons James M. and Jasper Mallard desire it, they shall be permitted to have and hold the remainder of my lands about Fourteen Hundred acres on their paying to my other heirs the sum of One Hundred Dollars each. but if they desire not to take it, it shall be sold, and the proceeds thereof equally divided between my hears.
Item 4.- I give and desire and bequeath to my son Jasper Mallard one Mule, 2 cows and calves, and one Bed and Mattress.
Item 5.- I give, desire, and bequeath to my daughter Lucy Mallard 2 cows and calves and one Bed and Mattress-
Item 6.- I give desire and bequeath to my grand daughter Adaline Mallard One Bed and Mattress-
Item 7.- I desire and direct that such of my personal effects as are not herein otherwise disposed of shall be sold by my Executor at publick or private sale as he may deem most advantageous and if there shall be a surplus of moneys on hand, after all debts and expenses are paid, the same shall be divided equally between my heirs-
Item 8.- Having great confidence in my friend Martin L. Bryan I hereby nominate and appoint him Executor of this my Last Will and Testament.
Item 9.- Should there be a growing crop on the place at the time of my death. I give the provision crop to my said Wife, and desire that my Executor shall sell the cotton and apply the proceeds as other moneys are herein directed to be applied.
In Witness Whereof I have hereunto set my hand and seal this Thirteenth day of August in the year Eighteen Hundred and Seventy in the presence of the witnesses whose names are hereto subscribed.
Signed, sealed, declared and published by Hiram Mallard as his last will and Testament in the presence of us who at his instance and request and in the presence of each other have subscribed our
name as witness hereto this Thirteenth day of August Eighteen Hundred and Seventy.
W. M. Bryan
P. A. Bryan
R. B. Bryan
David Emanuel's Estate settlement:
SCREVEN COUNTY DEED
RECORD K (OLD NO.)
4 - P (NEW NO.)
Eli Emanuel of Burke Co. settled it for himself and heirs John Emanuel, Lewis Emanuel, Thomas Blount, Francis Wells and Benjamin Whitaker on 4 June 1813.
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