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Will of Joshua Fisher (26 May 1852),
Signed by James Madison Goad James Madison Goad was the husband of Joshua's daughter,
Rebecca. James was killed by bushwhackers in Crawford County, Arkansas near the end of the Civil War. Transcribed from a handwritten copy from the files of Wanda June Goad Worland
In the name of Goad Amen the twenty sixth day of may one thousand eight and fifty two I Joshua Fisher of Franklin County and State of Arkansas being somewhat weak of body but of perfect mind and memory, thanks be unto
god, therefore calling into mind the mortality of my body knowing that it is appointed once unto all men to die do make and ordain this my last will and testamant that is say principally and first of all I give and recommend my
soul unto the hands of almighty God that gave it and my body I recommend to the earth to be buried in decent christian burialat discretion of my executers nothing doubting but at the general resurection I shall recieve the Same
again by the almighty power of God and so trusting Such worldly estate wherewith it has pleased god to bless me in this life I give devise and dispose of the same in the following manner and form.
First I give and
bequeth to Mary my dearly beloved wife my present residence situated on Little Mulberry Creeek Franklin County Arkansas togeather with all the land attached to the said place and the stock of horses, cattle, Hoggs and sheep,
household and kitchen furniture (excepting those which may be hereinafter mentioened together with the following negros to wit: negro a boy Anderson a negro girl Betsey and her two male children by the name of Augustus and John
also a girl by the name ofBecky with her two male children by the name of Bob and Wiley I also at my wifes disposal or pleasure to sell, heir out or keep a certain family of negroes Viz: a negro man by the name of David with his
wife Dolly and her two male children by the name of Dave and Preston I also will that my wife can keep on the place or heir out at her discretion, the other two negro men by the names of munro and namce. Secondly I give and
bequeth to my daughter Sally fifty dollars in money or other property to the amount at her discretion, thereby I give and bequeth to my daughter Rebecca and to her bodily heirs forty acres of land being her present residence,
Situated in Crawford County Arkansas, and fifty dollars in money or other property to same amount. fourthly I bequeth to my son John a tract of land Situated on big mulberry creek in Franklin County Arkansas together with the
improvements theron being his present residence, also one Sorrel mare known as the Iabie Filly together with two cows and calves. Fifthly I bequeth to my Son Thomas The guarter Section of land Situated in Crawford County
Arkansas between the two Streams Little and big frog bayou and where he now lives. Sixthly I bequeth to my two sons King and William the balance of the tract of land adjoining adjoining the land just above mentioned in
Crawford County and Situated on Big Frog bottom. I also will to my two sons Thomas and King my gin building and lot adjoining for disposal at pleasure. I also will to my two sons John and William my old mill site
together with all land adjoining thereto on big mulberry creek. I also will to my two younger children Emily and Moses after the death of my wife mary my present residence with all the land that appurtain and adjoining
thereto I also will to my daughter Emily my Soril full face mare and her colt and in the event of her marrying and leave her mother before her death I will that her mother give her out of the property or money on hand an
equal portion of that of her other Sisters. I will to my Son moses a certain mare called Pige and her colt. I also will that my executrix and executor Should dispose at public or private Sale a certain tract of land
Situated in Crawford County Arkansas bottom below Van Buren consisting of about 207 acres procides to go to pay legacier or other expinces at the discretion of my executrix or executor.
Likewise I constitute, make or
ordain my wife mary and my son King my sole executrix and executor of this my last will and testement and I do hereby utterly disallow, revoke and disannul all and every other former testament, wills, legacies, bequest nad
executors and at the death of my wife Mary, I will thet my five sons viz: John, Thomas. King, William, and Moses should come together friendly and as brothers and make an equal division of all the property which may be on hand Such
as negroes and Stocks as has not been before disposed off in this will amongst all the Children of my Wife.
In testimony whereof I have hereunto set my hand and Seal this day and year above written
Joshua Fisher {seal}
Signed in the presence of us
D. D. Williams
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We the unersigned heirs of Joshua Fisher (Deceased believing that one witness to the above will are not Sufficient
to make it lawful and legal do hereby assign our names with the desire and do each one of us wish that this last will and testament should be in full force as if it had two or more witnesses to the Same
Mary (her mark) Fisher {seal}
Richard Pounds {seal}
James M Goad {seal}
John Fisher {seal}
Thomas Fisher {seal}
King Fisher {seal}
Emily (her mark) Fisher {seal}
Moses (his mark) Fisher {seal}
Test
D.D. Williams
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State of Arkansas
County of Franklin
On this day personnally appeared before me Abert L. Berry Clerk of the Circuit Cout in and for
the County and State aforesaid D D William who after being duly Sworn according to law States that Joshua Fisher the testator in the foregoing will mentioned did Sign Seal and publish the Same as his last will and testament and
that he Signed the Same as the (Subinding ???) witness at the request of the same Joshua Fisher and the said Joshua Fisher was of sound mind at the time of Signing the Same and that the heirs of the Said Joshua Fisher whose names
appear to the foregoing acceptance of said were signed the Same in his presence and acknowledged the Same to be their act and deed for the purposes therein specified and that him and all the heirs of the Said Joshua Fisher and that
they are of lawful age.
In testimony ehich I have hereunto set my hand and affix the Seal for the Office at Ozark this 9th day of March AD 1857,
A L Berry, Clerk
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State of Arkansas
County of Franklin
I, Albert L. Berry Clerk of the Circuit Court and exofficio Clerk of the court of Probate in and for the county and
Sate aforesaid hereby certify that the foregoing instrument of writing was this day filed in my office for record and the same is now duly recorded in Record Book A of Wills on pages 148, 149, & 150.
In
Testimony of which I have hereunto Set my hand and affix the Seal of Said court at office this 12th day January A.D. 1857
A.L. Berry Clerk
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County of Franklin ss
The State of Arkansas
To all persons to whom these presents shall come greeting: Know ye That the last will and testement of Joshua Fisher of the county and state aforesaid deceased, hath in due form of law been exhibited, proved, and
recorded in the office of the clerk of the court of Probate for Franklin County, a copy of which is hereunto annexed; and in as much as it appears that mary Fisher and King Fisher have been appointed executrix and executor in and
by the Said last will and testement, to execute the same, and to the end that the property of the Testator may be preserved for those who shall appear to have a legal right or interest therin and that the said last will may be
executed according to the request of the testator: We do hereby authorize them the said Mary Fisher & King Fisher as such executors to collect and Ssecure all and Singular the goods and chattel rights and audits which were of
the Said Joshua Fisher at the time of his death in whosever hands or possessions the Same may be found; and to perform and fulfill all such duties as may be injoined upon them by Said will. So far as there shall be property
and the law charge them and in general to do and perform all other acts which now are, or hereafter may be required of them by law.
{Seal LS} In Testemony whereof, I A.L. Berry Clerk of the Circuit Court
and ex officio Clerk of the Court of Probate in and for the Said
County of Franklin have hereunto Set my hand and affixed the seal
of Said Court of office in ozark this 9 day of March A.D. 1857
A.L. Berry Clerk
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Filed for Record April 19th and recorded Novemner 21st 1888
Record of Wills & Testaments L.R.A. Wallace Clerk
Book B Pages 130-131-132-133 by T.E Moore (D?) |
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