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John Driver Webb Last Will and Testament, 1848

Source: Sue Webb

Last Will and Testament of John Driver Webb

Georgia, Washington County.

In the name of God Amen. I John Webb of the state and county aforementioned being in a feble state of health but of perfect mind and memory, thanks be given unto God, calling to mind, the mortality of my body and knowing that it is appointed for men to die do make and ordain this my last Will and Testament, that is to say princepally and first of all, I give and recommend my soul unto the hands of God who gave it and my body I recommend to the earth to be decently buried in a Christian like manner at the decisions of my Executor and friends. And concerning this estate wherewith it has pleased God to help me with in this life, I give, devise and dispose of in the following manner.

Item First - I give a bequeath to my beloved wife Charlotte Webb, during her natural life the following property, the house and plantation on the south side of Buck Eye creek with the exception of 200 land, to be cleared, also three negros slaves, Simon, Hannah and Jacob. Also two horses, of her choice, also four cows and calves of her choice, out of all my stocks also two sows and piggs with ten others of her choice, with as mutch household and kitchen furniture as she thinks will do her, with as mutch provisions for one year as she and my Executor thinks will take to do her, also my horse cart and two sets plow gear, six plows in of her choice.

Item 2nd - I give to my daughter Sarah Smith the plantation and tract of land which she now has in possesion and one cow and calf and one yearling, one bed and bedstead and furniture and table and slab which they now have in possesion.

Item 3rd - I give to my son John C. Webb my tract of land where he now lives on, containing one hundred and ninety acres more or less, the creek to be the line, beginning at the lower and continuing up to the upper part against the Covington old field, One horse briddle and saddle, one bed and bedstead and furniture and trunk and table.

Item 4th - I give to my daughter Elizabeth Webb one bed and bedstead and furniture, one trunk, bridle and saddle.

Item 5th - I give to my daughter Martha Webb, one bed and bedstead and furniture, one trunk, bridle and saddle.

Item 6th - I give to my daughter Malinda Webb one trunk.

Item 7th - I give to my daughters Elizabeth and Martha and Malinda the balance of my lands on the north side of Buck Eye creek and it to be equally divided between them three.

Item 8th - I give to my son Joseph D Webb at the death of my wife the house and land which I have bound her at her death.

Item 9th - I give to the two children of my daughter Mary Hamilton deceased my tract of land lying on the Big Okoopie known as the Luision tract joining of lands of Ezekiel Daniel. Also my bunch of cattle that there, now in the care of Samuel Bedgood, the cattle to be sold and the money put at interest.

Item 10th - I give the balance of my negro property not otherwise disposed of to my children Sarah Smith, John C Webb, Elizabeth Webb, Martha Webb, Malinda Webb, Joseph D Webb, Crawford Webb and the two children of Mary Hamilton deceased to have one share, the share their mother would have been entitled to provided she had lived.

Item 11th - My old negro man Sims must be supported by the above negro property which are given to all of my children.

Item 12 - The balance of my property after giving of my son Joseph D Webb a tolerable good English education, all the said remaining parts of my property not otherwise disposed of, goods and chattel, to be equally divided between Sarah Smith, John C Webb, Elizabeth Webb, Martha Webb, Malinda Webb and Joseph D Webb, and if any money for it likewise to be equally divided between the above named heirs in item 12th.

Item 14th - After the death of my wife the negro property given to her to be equally divided between all of my children, my grandchildren excepted. the balance of said property I give to the children mentioned in item 12th and it to be equally divided.

Item 15th - Out of the property of item 12th I desire my children to all be made equal before the property is all divided. If any of the above named children should die without issue, the property to return and be equally divided between all my children except my grand children and if one of them should die without issue the property to be held by the other. If both should die without issue the property then to return and be equally divided between all of my children.

Item 16th - It is my will and desire that Raiford Hamilton the father of said grand children should never have any part or parcel of my estate in his management.

Item 17 - My books to be equally divided among all my children. I do hereby make and ordain James Hicks my sole Executor to this my last will and Testament and I do hereby uterly disallow and revoke and denounce all and every other former Testament Will made by me.

In witness I have herewith affixed my hand and set my seal this 21st day of June 1848.

John Webb (seal)

In the presence of:
William A Webb
Samuel Williams
Jordan R. Smith

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