Transcription
State of Georgia, Liberty County } I, Henry H. Delegal of said State and County deeming it right and proper, both as it respects my family and myself that I should make a disposition of my property, do make this my last Will and Testament.
First: I give, bequeath, and devise to Edward W. Delegal when certain trusts and conditions hereinafter mentioned and set forth, all my right, title and interest to and in my House and Lot in the Village of Dorchester in said County with all and singular the rights, members and appurtenances thereunto belonging or in any wise appurtaining together with all my furniture and set of plating to have and to hold said property upon the following trusts, uses, and conditions and for no other trusts, uses, or conditions whatsoever; that is to say, in Trust for the sole and separate use, benefit, and behoof of my wife, Louisa M. DeLegal, for an during the term of her natural life, and on her decease to such child and children or representative of such child or children, as are the offspring of our marriage, which she may leave at the time of her death, share and share alike. And if my Wife, the said Louisa M. DeLegal, should desire at any time to dispose of any of the above mentioned property, I desire the said Edward W. DeLegal, as Trustee as aforesaid, on obtaining the written consult of my wife so to do, to sell all or a part of said property at public or private sale as he may deem proper and to reinvest the proceeds of said sale on the terms and conditions above mentioned.
Second: I give, bequeath, and devise to the said Edward W. DeLegal, upon certain trusts and conditions hereinafter mentioned and set forth, the following named negro Slaves: John, Will, Emma, Sarah, Ellen, George, Bess, Susan, Little John, with the future issue and increase of the females from the present time, to have and to hold, with future issue and increase as aforesaid, upon the following trusts, uses, and conditions and for no other trusts, uses, and conditions whatsoever; that is to say, in trust for the sole and separate use, benefit, and behoof of my wife, the said Louisa M. Delegal, for and during the term of her natural life, and on her decease to such child or children or representatives of such child or children as are the offspring of our marriage, which she may leave at the time of her death, share and share alike.
Third. I give, devise, and bequath to my wife, the said Louisa M. Delegal, my carriage and harness and any two of my horses which she may select.
Fourth. The residence of my property, which is not mentioned in the foregoing clauses, both real and personal, whenever and whatever if may be, I give, bequeath, and devise to my wife, the said Louisa M. DeLegal and to such child or children or representatives of such child or children as are the offspring of our marriage, share and share alike.
Fifth; If there should be any debts resting upon my estate, I wish them paid by my legatees, not in proportion to the bequests or devises I have made, but each to pay and equal share thereof, per stirpes, and not per capita.
Sixth. I hereby constitute and appoint the said Edward W. DeLegal executor and my wife, the said Louisa M. DeLegal, executrix of this my last Will and Testament, this March 1st 1863
[Signed] H. H. DeLegal
Signed, sealed, declared, and published as his Will and Testament by Henry H. DeLegal in the presence of us the undersigned, who subscribe our name hereto in the presence of said Testator at his special instance and request, and in the presence of each other. This March 1st 1863.
Find the original (complete) will and other papers online at Ancestry.com or FamilySearch.org. [Source name on both sites: “Georgia, Wills and Probate Records, 1742-1992” → “Liberty County” → “Wills, Deen, Thomas-Miller, E.C. 1925-1957”]