Transcription
Georgia, Liberty County } I, Joseph R. Bacon, of said State and County being of sound and disposing mind and memory do make, publish and declare this my last Will and Testament hereby revoking and declaring void all former Wills by me at any time heretofore made.
First, I give devise and bequeath unto my beloved wife Harriet Bacon all my household and kitchen furniture, my two carriage horses and carriage, the use of my dwelling houses and outhouses, the use of such quantity of my planting lands as she may need to have and to hold said property for and during the time of her natural life and at her death to be divided between my children whether by my present or former wife share and share alike.
Second, I give devise and bequeath all the property whether real or personal which I have received by my present wife or which I may hereafter receive in her right to her my said wife and her children by me share and share alike to them their heirs and assigns forever.
Third, I give devise and bequeath unto my son Joseph Madison Bacon to be delivered to him as soon after my death as may be convenient that is to say as soon as the crop that may be there growing is prepared and sent to market one third of all the property I have received in right of his mother Olivia Bacon as well as the property received immediately on my marriage as the property I have since received in her right from the estate of Peter Winn and which property consists of the following negro slaves (viz) Brister Caesar Edmund Billy Jane Rebecca May Flora Sam Peggy Binah Rachel and infant Peter Mary Sammy William and Henry to Have and to Hold said one third of said negroes and their future increase to him his heirs and assigns forever.
Fourth: I give devise and bequeath to my said son Joseph M. Bacon to be delivered to him as mentioned in the preceding item an equal share with my wife and children of all the property of which I may die possessed and which I did not receive in right of my former wife Olivia or my present wife Harriet that is to say, all the property belonging to me in my own right and not in the right of my present or former wife.
Fifth: The remaining two thirds of the property mentioned in the third item of this will that is to say of the property which I received in right of my former wife Olivia I give devise and bequeath to my sons Quarterman Way Bacon and Oliver Fleming Bacon share and share alike.
Sixth: The property mentioned in the fourth item of this will that is to say the property belonging to me in my own right and not in the right of my present or former wife after delivering to my son Joseph all his share I give devise and bequeath to my wife and my other children whether by my former or present wife share and share alike the portion falling to my wife however I give to her for and during the time of her natural life and after her death to be equally divided between all my children.
Seventh: The dispositions in this will in favor of my wife Harriet Bacon are intended and hereby declared to be in lieu of dower.
Eighth: It is my Will and I do hereby direct that there shall be no division of my property except to give my son Joseph M. his share under this will until the death of Mr. Thomas Mallard the father of my wife Harriet that until that event each of my heirs receive a support from the proceeds thereof according to their need and when the marriage of either of my children a share of my negro property be loaned to them to be returned at time of division. It is of course understood that my son Joseph M. is not entitled to any support under this clause of my Will as his portion is to be delivered to him at once.
Ninth: It is my Will and I do hereby direct that there be no division of my real estate until after the death of Mr. Thomas Mallard.
Tenth: It is my Will and I do hereby direct that all my just debts be paid equally by all who take an interest under this Will.
Eleventh: I do hereby constitute and appoint my friends Peter W. Fleming William ?T? Baker, Thomas W. Fleming and John L. Mallard executors of this my last Will and Testament and I do hereby authorize and empower my said executors or such of them as shall qualify under this will and the survivor or survivors of them to sell and dispose of any part of my estate as the interest of the same shall require without the necessity of applying to any court for permission to do so.
In witness whereof I have hereto set my hand and seal this Second day of December eighteen hundred and fifty nine.
J. R. Bacon
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NOTE: Joseph R. Bacon’s will was recorded on the 1st day of March 1860 in Book C of the Court of Ordinary on Page 376, 377 & 378 by William Girardeau, Ordinary.
Citation: “Georgia Probate Records, 1742-1990,” database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-99QW-Q9TW?cc=1999178&wc=9SBV-3T5%3A267679901%2C268026501 : 20 May 2014), Liberty > Wills 1864-1876 Alexander, E.-Dorsey, J. > image 99 of 717.