[Begin Summary]
On April 20, 1861, Charlton Hines, Liberty County “being of sound and disposing mind, memory and understanding, but considerably advanced in years” made his last will and testament. He disposed of his estate as follows:
Item 1: As soon as “the convenience of my estate will permit,” his debts were to be paid out of the estate income.
Item 2: Gives to his “beloved wife Sarah Jane Hines, to her and her heirs absolutely forever, free from all condition or conditions the following negro Slaves brought to me upon my intermarriage with her to wit: Prime, Abner, Dan, Henry, Isaiah, Dinah, Mary, Tenah, Becca, Hannah, Charlotte, Sarah and Cyrus.” Also gives to his wife the “use, occupation and enjoyment” of his house in the village of Hinesville, with the furniture and the use of “all the servants connected with my house, as house servants, at the time of my death” and as much adjacent land as she may want for planting and other purposes. Gives the use of his house on his plantation near Walthourville, Liberty County, with as much of the plantation land “as she may wish and desire to plant and cultivate with her Negroes,” and the use of his carriage and horses. Gives her the right to a comfortable support from his estate during her natural life or widowhood, “in common with my two sons, her children; and in the event of her marriage, my executors are requested to see that she remains free from want.” “All the above property, with the exception of the thirteen negroes mentioned or named above and their increase which are to be hers and her heirs forever in fee simple, I give unto my beloved wife for and during the term of her natural life, or for and during the period of her widowhood and no longer…” in lieu of her dower right. Specified that this condition was not intended to place any “restraint or impediment in the way of any contract of marriage into which she may desire to enter after my death, but am influenced solely by the consideration, that in the event of such future marriage, the Negro property, which I have hereinbefore given absolutely to her, together with such additional property as any future husband may possess, will be abundantly adequate to her comfortable maintenance and support.”
Item 3: Gives to son Robert C. Hines, Liberty County, “he having already a comfortable support, my negro carpenter, Tom, together with his sister, Lucy and all the children which she now has or may hereafter have.” Also gives Robert C. Hines the land that he now cultivates in Liberty County, formerly belonging to Simon Fraser, Senior, with another tract, also in Liberty County, lying between the other tract and land belonging to William G. Martin’s estate. Further gives him a promissory note for $500 that he [Charlton Hines] holds against him, if still unpaid at his death. Gives all of this property to Robert C. Hines and his heirs absolutely forever.
Item 4: Desires that his two youngest sons, Charlton Hines and James E. Hines, both minors, continue under the care of their mother unless she remarries or dies, in which case they shall be placed under the protection of his nephew and executor, John P. Hines, Bryan County, as their testamentary guardian during their minority. All property not otherwise disposed of is also to go to Charlton and James, share and share alike to them and their heirs forever. As they respectively come of age, the estate shall be divided and given to them, reserving enough to keep “my beloved wife free from want, if she shall still be living.”
Item 5: Noting that he held a mortgage in the sum of $6000 on William J. Way’s plantation in Bryan County on the Ogeechee River, said William J. Way being a resident of Savannah, Chatham County, directs that any part of this mortgage remaining unpaid at the time of his death be cancelled.
Item 6: Gives to the wife and children of R.C. Sandiford, share and share alike, one hundred acres of land, to be laid off from the “tracts on which he now lives, in a convenient form, and including his house and improvements.” “The remaining portion of said tracts of land, lying near the Altamaha River in the County of Liberty, my executors are hereby authorized and required to sell as soon as it can be done to an advantage, and I further give, devise and bequeath unto Mrs. Edward Susan Russel [alt: Russell], now living in Walker County, Georgia, one half of the proceeds…” Notes that these lands were purchased by him [Charlton Hines] from Edward Russel and granted by James Smith and others.
Item 7: Appoints his wife Sarah Jane Hines as executrix and his nephew John P. Hines, Bryan County, and his friend Dr. John W. Farmer, Liberty County, as his executors.
Witnessed by Israel L. Bird, E. Wilkinson, Jesse Brewer.
First Codicil, dated January 21, 1862
Item 1: Gives to his son Charlton Hines “a mulatto boy named George about thirteen years of age; and to my son James E. Hines a boy named Richard about thirteen years of age.” Directs his executors to put “the above named boys, George and Richard, as soon as they arrive at a suitable age to the Carpenter’s trade.”
Item 2: Gives to the “heirs of David Hines, late of Texas, that may still be living, the sum of five hundred dollars, to be equally divided among them.”
Item 3: Gives to Jane Augusta Way, daughter of N.J. Way, deceased, “a Negro girl named Chloe, the oldest child of Netty to her sole and separate use…” If Jane Way were to die without children, then Chloe was to be returned to his estate.
Item 4: Gives to the Stewards of the Hinesville Circuit of the Methodist Episcopal Church South and their successors in office $300, to be put out on interest and the interest to be used to support “the preachers of said circuit for the benefit of the church and colored congregation in Hinesville.” [NOTE: This item was cancelled in the third codicil.]
Item 5: Wishes that his two sons Charlton and James be allowed to choose guardians for themselves when they “arrive at the legal age,” if they wish to do so.
Item 6: Having previously named his wife as executrix, wishes that if she remarries this office be revoked. Also appoints his son Robert C. Hines as one of his executors, in addition to those appointed in his will.
Witnessed by David Zoucks, I.L. Bird, W. Harrison. Codicil probated by W. Harrison on March , 1864.
Second Codicil, dated September 30, 1863.
Item 1: Gives to his wife Sarah Jane Hines “all that tract or parcel of land, coming to me by her on our marriage.”
Item 2: Gives his wife “a negro man named Tom, a carpenter, to be a house servant, to assist her in bringing up my two sons, Charlton and James” and to his son R.C. Hines “a negro man, by the name of Prince, in the place of the man Tom.”
Item 3: Wills that William J. Way shall pay the interest due on the mortgage mentioned in Item #5 in the Will. If he does that, the executors are authorized to give him one half of the principal; otherwise, the whole amount is to be collected by the Executors.
Appoints his friends Rev. E. White and S.A. Fraser as additional executors.
Codicil witnessed by Jas. McVeigh, John O. Perry, Hansford Andrews, J.W. Girardeau. Probated on March 7, 1864.
Third Codicil, dated February 4, 1864.
Item 1: Wishes that son Robert C. Hines “consent to the exchange of the carpenter boy Tom for the boy Prince” as mentioned in Item #2 of the second codicil.
Item 2: Instead of giving 100 hundred acres of land and the house and improvements to the wife and children “of the late R.C. Sandiford,” as mentioned in Item #6 of the Will, wishes that the land and improvements be sold along with the other tracts near the Altamaha River and that Mrs. Sandiford and her four daughters be paid $100 of the proceeds. Also gives to Mrs. R.C. Sandiford and her four daughters one cow and a calf each.
Item 3: Cancels Item #4 of the first codicil.
Witnessed by D. Zoucks, J.L. Shaw, Albert Mobley
Probated on March 7, 1864.
Will and codicils recorded on March 24, 1864, by W.P. Girardeau, O.L.C.
Separate Deed of Manumission for “a mulatto woman by the name of Harriet Golden” transcribed separately.
[End Summary]
For original copy of will and codicils, see: “Georgia Probate Records, 1742-1990,” database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-893L-RJFM?cc=1999178&wc=9SYY-ZNP%3A267679901%2C268025701 : 20 May 2014), Liberty > Wills 1863-1942 vol C-D > image 27-32 of 430.