Parish: St. John
Enslaved Persons Mentioned: Cudjo [alt: Cudjoe], Dinah, Prime, Isaac, Big Tom
Slaveholder: Way, Joseph
Date: 1766-03-05
[Begin transcription]
In the Name of God Amen. I Joseph Way of St. John’s Parish and Province aforesaid, being in a weak and low state of body, but of Sound Mind and Memory, do Make and Ordain this my last Will and Testament. That is to say first of all I hereby commit my Soul to Jesus Christ, and my Body to decent Christian Burial at the Discretion of my Executors, not doubting the Prescribed Resurrection. And as touching Such Worldly Estate wherewith it has pleased God to bless me in this Life I give and dispose of the Same in the following Manner.
Imprimis That all my Just Debts and Funeral Charges be paid out of my Estate.
Item I Give and Bequeath unto my Beloved Wife Mary Way a Tract of Land containing two hundred and fifty Acres. Said Tract of two hundred and fifty Acres Joining Easterly the Tract of five hundred Acres on which I am Settled, to her and her Heirs forever.
Item It is my Will that my Beloved Wife Mary Way Shall have the Use of all my Other Tract of of five hundred Acres and my House and Plantation thereon; for her Benefit and the Benefit of my Children at her Discretion So long as She Shall continue my Widow.
Item I give and Bequeath unto my Beloved Wife Mary Way Half of my Household Goods, and Furniture and one third of my Other Personal Estate, Excepting five Volumes of Mr. Henrys Expositions upon the Bible to be hereafter otherwise bequeathed, in which third and as a part of Said third is to be Included a Negroe Fellow named Cudjo and a Negroe Wench named Dinah to be Reckoned According to the Vallue [sic] that Shall be put upon them in the appraisement of my Estate, and also my Chair and Chair Horses Tea Spoons and Table Spoons to be in like Manner Vallue [sic] and reckoned as a part of her third of Said Personal Estate which with the above Bequests I give in lieu of her lawful Dower to her and her Heirs forever.
Item I Give and Bequeath to my Beloved Son Joseph Way the Tract of land of five hundred Acres on which I am Settled and five Volumes of Mr. Henrys Exposition upon the Bible that is to say if he shall live to the Age of twenty One Years, or to the Age of twenty Years or be Married, to Him and his Heirs forever.
Item My Will is that the Remaining Part of my Personal Estate viz one half of my Household Goods and two thirds of the rest of my Estate, In which I would have included three Negros namely Prime Isaac and Big Tom to be Reckoned in Value According to the Appraisement that shall be made, be Equally divided between my beloved Son Joseph Way and my Beloved Daughter Mary Way which I give to them and their Heirs forever that is to say, in case and provided that my Son Joseph Way Should live to the Age of twenty Years and my Daughter Mary to the age of Eighteen Years or be Married but if Either of them Should die under the Age or condition now Mentioned that the longest live of them Shall thec be heir to the Whole of his or her Estate and in Case both of them Should die under the Ages and Conditions above Mentioned My Will is that the Whole of the above Legacies and Bequests to my Children Shall Defered to and be Equally Divided between all the Children of my Beloved Sister Elizabeth Elliott that may be then living to them and their Heirs forever.
Senique I Constitute and Ordain my Beloved Wife Mary Way Executrix, and my Beloved Friends, Thomas Quarterman Samuel Jones and John Elliott, Executors of this my last Will and Testament and I do hereby utterly Disallow and Revoke all former Wills by me at any time made and do constitute and confirm and Ratifie [sic] and none Other to be my last Will and Testament. In witness whereof I have hereto Set my Hand and Seal this fifth Day of March Anno Domini One thousand Seven hundred and Sixty Six.
Joseph Way
Signed Sealed pronounced and declared to be the last Will and Testament of Joseph Way
In presence of us
James Andrew
Benjamin Andrew
John Irvine
P.S. On this same Day and year above written, and before Executing my Will by Signing Sealing, I add the following Clause to be of Equal force with the other Parts of my Will viz.
That I give my Executrix and Executors a Discretional Power to improve my Estate by purchasing Negroes, or lands adjoining my Tract as they may think to be for the Probable Benefit of my Children.
Witness also my hand and Seal
Joseph Way
James Andrew
Benjamin Andrew
John Irvine
[End transcription]
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/665/rec/286.