They Had Names

African Americans in Early Records of Liberty County, Georgia

Liberty County Will – Jane Low

[Begin Transcript]

In the Name of God Amen. This is the last Will and Testament of Jane Low, Wife of Major Phillip Low of Liberty County of the State of Georgia. Whereas I the said Jane Low am seized and possessed of and in my own Right Independant of the Power and Control of my said husband, of and in an Estate Real and Personal, in the State of Georgia aforesaid, as in and by a certain Deed of Settlement made the Nineteenth Day of October in the Year of our Lord one Thousand seven Hundred and Seventy eight between Phillip Low Esqr of the one part and Robert Carnibe Baillie Gentleman, Doctor John Irvine, Colonel John Elliott, Daniel Fraser Gentleman, and Elizabeth Powel the Wife of Josiah Powel Esqr [alt: Powell], all of the State of Georgia, of the other part, will fully and at large appear. Do therefore, and by and with the consent and Approbation of my said husband, make publish and declare this my last Will and Testament in manner and form following.

That is to say, first: I desire that my Body may be decently Interred, and that my funeral Expences, and all other legal Demands that may be made against or upon my Estate, be paid and discharged as hereafter directed.

Item I give devise and bequeath to my dear Husband Phillip Low aforementioned, and to his Heirs and Assigns absolutely forever all that Plantation or tract of Land described in the Deed of Settlement above referred to situate in the Parish of St. John and County of Liberty in the State aforesaid, containing by estimation two hundred and ninety two Acres be the same more or less bounded Northerly and Easterly by Land formerly of Alexander Baillie and a Marsh of Midway River, Southerly by a publick road leading to and from Midway publick landing, and Westerly on Land Formerly of Colonel Kennith Baillie, with all the Buildings and Improvements thereon being or in any wise belonging. I also give devise and bequeath to my dear Husband and to his Heirs and Assigns absolutely forever all my Right Title and Interest of and in the Moiety or one half part of all that Plantation or tract of land containing about nine hundred and fifty Acres situate on crooked River, that I am CoHeiress to with Ann Elizabeth Irvine, the said tract of land having been the Property of my late Brother Robert Carnabe Bailllie.

Item I give devise and bequeath to my two Daughters Elizabeth Darling and Euphemia Darling and to the Heirs of their Bodies lawfully to be begotten and to His, Her or Their Heirs and Assigns forever, and (on failure of such Heirs to go as hereafter directed) all my Right Title and Interest of and in the moiety of one half part of all that Plantation or tract of Land containing about nine hundred and Eighty four Acres called Dunain situate on Midway River, that I am likewise CoHeiress with Ann Elizabeth Irvine the said tract of Land having been the property of my late Brother Robert Carabe Baillie deceased.

Item I give and bequeath all my personall Estate of what Nature, Kind or Quality [one word] or wheresoever situate to and [one word] my dear husband Phillip Lowe above mentioned and my two Daughters Elizabeth Darling, and Euphemia Darling, to be equally divided between them, share and share alike, as well such Personal Estate as is mentioned in the Settlement before referred to, as such as falls to me by the death of my late Brother Robert Carnabe Baillie, excepting as to my Jewels and wearing Apparel which I desire may be equally divided between my two Daughters, as also all my large Silver Spoons. And I bequeath all my small silver spoons and my large soup Ladle to my said Husband.

Item My will and and Intention is and I hereby devise and direct that all my Negroes (as well those mentioned in the Deed of Settlement aforesaid as such as I am entitled to from the Estate of my late Brother deceased) be kept upon the aforementioned Plantation called Dunain under the direction control and management of my Executors hereinafter named untill all the legal Demands that may be made against or upon my Estate be fully paid and discharged, and that no Division be sooner made.

I do also further require and direct my said Executors, till a Division of my Estate shall be made, to allow at their Discretion a sufficient sum out of the Profits of my Estate for the maintenance and Education of my two Daughters Elizabeth Darling and Euphemia Darling. And whereas by the Death of my late Brother Robert Carnabe Baillie I am entitled to the moiety or one half of four Lots situate in the Town of Sunbury, now I will and ordain that the Executors of this my last Will and Testament shall and do, bargain, sell, and alien in Fee simple the moiety or one half Part of the said four Lots for and towards Payment of such legal Demands as shall be made against my Estate; for the doing whereof I do hereby give and grant to my Executors full Power and Authority to bargain alien and convey to any Person or Persons and their Heirs forever in Fee simple the said Moiety or one half Part of the said four Lots.

And with respect to the Moiety or one half Part of all that Plantation or tract of Land containing about nine hundred and Eighty four Acres be the same more or less called Dunain situate on Midway River as before described my Will and Intention is as also with respect to such Part of my personal Estate above described given and bequeathed to my two Daughters Elizabeth Darling and Euphemia Darling that in case my said daughter Elizabeth shall die having no Issue of her Body living, lawfully begotten, to inherit the same, then and in such Case, I give, devise, and bequeath her Part of the said undivided Moiety or one half Part of the said Plantation called Dunain containing about nine hundred and Eighty four Acres, hereby intended her, with all the Appurtenances thereto belonging, to her Sister my said Daughter Euphemia Darling, and to the Heirs of her Body lawfully to be begotten, and to his, her, or their (as the case may be) Heirs and Assigns forever, And in Case my said Daughter Euphemia Darling shall die having no Issue of her Body living, lawfully begotten, to inherit her Part of the said undivided Moiety or one half Part of the said Plantation called Dunain then my personal Estate before mentioned given and bequeathed to my two Daughters Elizabeth Darling and Euphemia Darling, my will and Intention is that in case either of my said two Daughters shall die after Marriage, then and in such Case her husband if living and there be no Issue shall be entitled to such her Share of my said personal Estate if otherwise, to go and descend in the same manner as the Moiety or half Part of the Plantation called Dunain fully mentioned and set forth in the last Clause.

And Lastly I do hereby nominate, constitute and appoint my dear Mother Elizabeth Powel Executrix and my dear Husband the above said Phillip Low, Colonel John Elliott[,] Doctor John Irvine, and Doctor James Dunwody Executors of this my last Will and Testament hereby revoking and declaring null and void all former and other Will and Wills by me at any time heretofore made, and declaring this only to be my last Will and Testament.

In witness whereof I have to my Last Will & Testament contained on this and the preceding four Pages of paper set my Hand and Seal this fourteenth Day of October in the Year of our Lord one Thousand seven Hundred and Eighty two.

[End Transcript]

For original copy of will, see: “Georgia Probate Records, 1742-1990,” database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-G9Q9-MBG?cc=1999178&wc=9SBJ-827%3A267679901%2C267979601 : 20 May 2014), Liberty > Estates 1775-1892 Lowe, John-McCall, John > image 18 of 1224