This copy of William Sears' will was a part of a Sears, Battle, Lockhart family history compiled by Lynward Sears in 1985. I believe this portion to have been the work of Adele Lockhart and it was all submitted by Martha Rainey RAINEYM968@aol.com

Harris Hill harrishill@starband.net

William Sears
Record of Will

Georgia
Talbot County

In the name of God Amen. I, William Sears of the saide state and county being sensible of the uncertainty of life and knowing that death is certain to all men do make, ordain, publish and declare the following items contained in this instrument to be my last will and testament hereby revoking and annulling all other wills by me heretofore made.

Item 1st I will and desire that all my just debts be paid out of the first money that shall be realized by my Executor and Executrix after my death.

Item 2nd I will and desire that all my land, notes and accounts, stock of every kind, house and furniture and all other property that appertains or belongs to me, for my beloved wife to have during her widowhood or life, after her death I desire that my son Joseph Sears have all of my property except what may hereafter be disposed of.

Item 3rd I desire that some sixty acres more or less off of lot of land No. 202 in the fifteenth district, originally Muscogee now Talbot county, the line to be known by the heads of two branches situated one head on the east side of the road leading from Paviston to Tazewell, the other head on the west side of said road, the above named parcel of land I give and bequeath to John C.R. Lockhart. Also I give and bequeath to the said John C.R. Lockhart one note of hand for fifty dollars I hold against him.

Item 4th I will and desire that the two lots of land known as Nos. 188 and 184 lying and being in the twelfth district originally Muscogee now Marion county, I give and bequeath the above named or parcels of land to Julis C. Lockhart, known as the place where the said Julius C. Lockhart is now living on. I give and bequeath to Julius C. Lockhart fifty dollars to be paid as soon as collected from Charles Allen, or from the proceeds of one hundred acres of land that I sold to said Allen.

Item 5th I give and bequeath to Benjamin F. Lockhart half of lot of land known as No. 172 in the 15th district originally Muscogee, now Talbot county, known as the place where Ephram Magee (or McGee) is living, also lot of land known as No. 148 lying in the same district and county as above written, known as the place where James Stallings is living. Also I desire that my Executor and Exectrix make titles to the above named or parcels of land to the said James Stallings and Ephram Magee on their compliance for said lands.

Item 6th I give and bequeath to Julius C. Lockhart, John C.R. Lockhart, Benjamin F. Lockhart and my son Joseph Sears all of my stock of cattle in Marion County to be equally divided among the four above named persons.

Item 7th I give and bequeath to my brother John Sears, one (note) of hand I hold against him now in possession of Anderson Sears.

Item 8th I desire and will, provided my son Joseph Sears should depart this life without an heir before he becomes of age, that all of the property that I give to him, for the property to be equally divided between my wife and all of my brothers and sisters, also his brothers.

Item 9th I give and bequeath to Martha Lockhart, the daughter of Julius C. Lockhart, fifty dollars to be put out at interest by her father until she should marry or become of age.

Item 10th I appoint and nominate William Drane (looks like) Executor and my beloved wife Martha Sears, my Executrix of this my last will and testament.

In testimony whereof I herein set my hand and seal this 22nd day of April 1848. Signed, sealed, published and declared in presence of

William P. Mathews         William Sears (L.S.)
Jas. Stallings
David Lockhart

Georgia
Talbot County

Court of Ordinary. September Term 1848.

Personally appeared in open court James Stallings and David Lockhart who being duly sworn depose and say that they saw William Sears the Testor sign, seal, declare and publish the within instrument to be his last will and testament, that they signed the same as witnesses at request of testor in presence of testor & of each other as subscribing witnesses & that said testor was at the time of signing said will of sound disposing mind and memory & signed the same without compulsion.

Sworn to & subscribed in Court this 4th of September 1848.

James Stallings
David Lockhart

(Note: William Sears married Martha Finney Lockhart, the widow of Dr. William Lockhart, on April 21. 1831. Martha had 3 sons with William Lockhart. They were Julius Cesear, John C.R., and Benjamin Franklin Lockhart. William and Martha Sears had one son William Joseph b. January 30, 1833 in Talbot County, Ga. d. March 26, 1900 at Kissimmee, Osceola Co., FL. William Joseph Sears was a physician and established a practice and drugstore in Ellaville, Schley Co. and later did the same in Kissimmee, FL).

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