Parish: St. John
Enslaved Persons Mentioned: Hesther [Alt: Hester], Cuff [alt: Cuffee], Joe, January, Cloe [Alt: Chloe], Doll
Slaveholder: Baillie, Kenneth
Date: 1766-07-07
[NOTE: Archaic spellings standardized to today’s spellings where it cannot affect the meaning.]
[Begin transcription]
In the name of God Amen. I Kenneth Baillie of the Parish of St. John, Province of Georgia, Planter, being weak in body, but of sound mind and memory, thanks be given to God, therefore calling to mind the mortality of my body, and that it is appointed for all men once to die do make and ordain, this my last will and testament, that is to say, principally and first of all, I commend my soul into the hands of Almighty God who gave it and my body to the Earth to be buried in decent Christian burial at the discretion of my Executors, nothing doubting but at the general resurrection, I shall receive the same again by the Mighty Power of God. And as touching such worldly Estate, where with it hath pleased God to bless me in this life, I give devise and dispose of the same in the following manner and form, after all my lawful debts and funeral charges are paid.
Inprimus: I give and bequeath unto my loving wife Elizabeth a part of my personal Estate a Negroe wench named Hesther and her issue and the one half of house and kitching [SIC, kitchen] furniture including silver plate to her and her heirs and assignees forever.
Item: I give and bequeath to my eldest son Kenneth Baillie this other part of my personal Estate, a Negroe boy named Cuff, and the other half of my house and kitching furniture including silver plate, with my guns, pistols, sword, watch, buckles, and wearing apparel, to him and his heirs and assigns forever.
Item: I give and bequeath to my said son Kenneth, four hundred acres of land [ad]joining Palmer Golden [alt: Goulding] a part of a tract [looks like Ryce] plantation as now setled [sic, settled] on, and one hundred acres timber land joining the Sd [said] four hundred acres and Stephen Clark as also two lots in Sunbury joining James Stuart Taylor [sic, tailor] to him his heirs and assigns forever.
Item: I give and bequeath to my son Alexander Baillie this part of my personal Estate a Negroe boy named Joe to him his heirs and assigns forever. As also one silver hilted sword.
Item: I give and bequeath to my said son Alexander one hundred acres swamp land joining his own marsh and the four hundred acres for said bequeathed my son Kenneth. As also one hundred acres timber land joining my [blurred] tract and Stephen [surname hard to read]. To him his heirs and assigns forever. With and under the restrictions following.
Item: I give and bequeath to my son Robert Carnibe Baillie this part of my personal Estate a Negroe boy named January to him his heirs and assigns forever.
Item: I give and bequeath to my said son Robert five hundred acres of land lying and situate on North [could be Newport] adjoining lands of Mathew Bach, Stephen Clark and Samuel [probably Burnley] to him his heirs and assigns forever.
Item: I give and bequeath to my said sons Kenneth and Alexander, one thousand acres land lying and situate on Saint Marys, to the said Kenneth eight hundred acres and to the said Alexander two hundred acres to them, their heirs, and assigns forever.
Item: It is my will that my sons shall enter upon, and possess the above bequeathed lands at twenty one years of age, but if my Exrs shall judge them capable to manage and cultivate the said bequeathed premises at the age of eighteen, that then they may enter and take possession of the said premises, but shall have no power, to sell, dispose, alienate or assign over to any person or persons whatsoever any part or parcel of the above said lands. [blurred] they shall claim at twenty one years of age.
Item: It is my will that if any of my sons should die before they come of age, that then their lands shall be equally divided amongst the surviving brothers.
Item: It is my will that the island that I now live on commonly called Baillies Island shall be sold after my decease with all convenient speed to the highest bidder, and the moneys arising therefrom to be apply’d as follows (Viz) To Elizabeth Baillie my wife, the sum of fiftie [sic] pounds Sterling, free of all expense, to enable her to build a dwelling house, and office houses, on that part of my estate bequeathed my son Alexander now a part of my Ryce plantation. To Jean my daughter wife to Andrew Darling Mercht [merchant] in Sunbury the sum of fiftie [sic] pounds Sterling, free of all expense. As also to Ann Elizabeth Baillie my daughter wife to John Irvine Surgeon in Sunbury the like sum of fiftie [sic] pounds Sterling free of all expense. And further my will is that the over plus shall be apply’d for the education, clothing and maintenance of my said sons Alexander and Robert as far as my Exors shall think necessary, but if anyone of my said two youngest sons shall die before they come of age that their surviving brother shall enjoy the whole. And further it is my will that Elizabeth my wife shall live in the house and on the plantation where I now dwell until it is sold. And further my will is that the over plus arising to my said two youngest sons, shall be first in safe hands to bear interest, and in such manner as it may be convenient to raise such sum or sums as shall be thought proper for their expense by my Exrs. The over plus to be pay’d when they are of age.
Item: I give and bequeath to my two daughters to Jane a Negroe girl called Cloe [alt: Chloe] and to Ann a Negroe girl called Doll. Thus part of my personal Estate. I give to them their heirs and assigns forever.
Item: It is my will that one half of the lands bequeathed my son Alexander where my ryce [sic] plantation now is, shall be cultivated for the benifite [sic] of him and his brother Robert until the said Alexander becomes of age.
Item: It is my will that my said wife Elizabeth shall upon the sale of my island settle and enter upon the other half of the lands above mention’d and bequeathed my son Alexander to cultivate and improve for her own use all the days of her natural life.
Item: It is my will that the first bequeathed lands to my son Kenneth shall be cultivated for the benifite [sic] of the whole Estate until my lawful debts and funeral charges are all pay’d, and under the management of my said son Kenneth, and the rest of my Executors.
Item: It is my will and desire that my Executors shall give and appoint my said wife Elizabeth a yearly maintenance as they shall think sufficient, until my debts are pay’d [sic]. And also my will is that providing my island is not sold before the division of my personal Estate, that my wife Elizabeth shall cultivate and improve the same for her own use until such time as the said Island is sold.
Item: It is my will that all the residue of my personal Estate shall be equally divided betwixt my wife and five children after my lawful debts are pay’d as above mention’d.
Lastly, I do by these presents appoint and ordain my wife Elizabeth Baillie Executrix, my eldest son Kenneth Baillie Andrew Darling, Captain James Mackay, and Robert Baillie my Executors to this my last will and testament revoking and annulling all other Will and Wills by me at any time aforemade. Acknowledging this as my last Will and Testament in witness whereof, I have hereunto set my hand, and cause my seal to be afix’d, this Seventh day of July. Anno Domini One Thousand Seven hundred and Sixty Six years.
Kenneth Baillie
Signed, Sealed, Published declair’d [sic] by the Testator as his last Will and Testament in our presence, who have signed our names at Witnessis [sic], in his presence and by his desire, in presence of each other.
John Osgood
John Winn
Ludovick Anderson
[End transcription]
In attached documents: The will was probated by John Winn on September 2, 1766. Robert Baillie was qualified as one of the executors on January 21, 1767. Audley Maxwell, John Simpson, and John Irvine were charged with giving the oath of executor to Elizabeth Baillie, Andrew Darling and Robert Baillie on September 2, 1766. Elizabeth Baillie and Andrew Darling took the oath on November 1, 1766 before John Irvine, J.P.
Source: “Wills, Colony of Georgia, RG 49-1-2, Georgia Archives”, Colonial Estate Records, held by Georgia Archives Virtual Vault; accessed online at: https://vault.georgiaarchives.org/digital/collection/cw/id/235/rec/13.