Enslaved Persons Mentioned: Sharlotte
Slaveholder: John Winn
Year: 1785-6
Location: Liberty County, Georgia
NOTE: This will was found in Deed Book A, Liberty County Superior Court (see citation below).
Begin Transcription:
In the Name of God Amen. I, John Winn of Liberty County in the State of Georgia, Planter being in health of Body and of sound mind and Memory, do make and Ordain this my last Will and Testament, humbly commending my soul to Almighty God who gave it, and my body to Christian Burial, at the discretion of my Executors: And my Worldly Estate wherewith God has blessed me, I give and dispose of in the following Manner
Imprimis It is my last Will that my Funeral Charges, and Lawfull Debts be paid out of my Estate –
Item, I give and bequeath to my beloved Wife Sarah Winn, in Lieu of her Lawfull Dower, a Negro Wench called Sharlotte [alt: Charlotte], and any Children she may have born after the date hereof, my Riding Chair and Harness and Mare called Fly, or some other horse that may be bought for drawing the Chair to her, her heirs and assigns forever: I further give to my said Wife, the Privilidge [sic] of residing in my house and Plantation where I now live and the use of as much Land, as shall be necessary for Working of her own Negroes, so long as she shall remain my Widow.
Item, I give and bequeath to my beloved Sons, John, Robert, and Benjamin, three tracts of Land I have adjoining each other, where I now live, one of said Tracts I have by purchase from Lydia Winn containing three hundred Acres, another of said Tracts I have by purchase of William Graves, containing Twenty eight Acres and a Quarter, the other I have by virtue of my Fathers last Will and Testament, containing about two hundred and Seventy two Acres, I give the said three Tracts containing in the Whole about Six hundred Acres to be equally divided in Value to my said three sons, to them, their heirs and assigns forever.
Item, I give and bequeath to my beloved Daughters, Susanna and Catharine all my right in, and to a Tract of Land on the Colonels Island which is given in my Fathers last Will and Testament to be divided between my brother Peter Winn and myself, also my Lot in the Town of Sunbury known by the Number 436 [or 136]. And two tracts of Land in St Andrews parish on the [name difficult to read: Horton, Martin, etc] Swamp, adjoining each other, one containing two hundred Acres, and the other one hundred Acres, all which, I give to them, their heirs, and assigns forever.
Item, I give Twenty pounds to be applied towards building a meeting house or publick plan at or near the place where our former Meeting house stood.
Item, The remaining part of my Estate both real and Personal I give and bequeath to be equally divided to and between my beloved Wife Sarah, and beloved Children Susanna, John, Robert, Catharine and Benjamin to them, their heirs, and assigns forever.
Item, It is my Will that my Children receive their portions of my Estate when they arrive at the age of Twenty years, or at the age they shall be of when married.
Item, It is my Will if one or two of my sons shall die under Age, or before a marriage that the surviving brothers or brother, shall heir the Lands of him or them, so living; and his or their moveable Estate, be equally divided to and between all my Surviving Children; But if all my sons should die under Age or before Marriage, then and in that case, it is my Will, that these parts and portions of my Estate, both real and personal be equally divided, to and between my Surviving Daughters; And if one of my Daughters shall die under Age or before Marriage it is my Will that her Sister, shall heir her Real Estate and her moveable Estate be divided to and between all my Surviving Children; But if both of my Daughters should die under Age or before Marriage, then, and in that Case, it is my Will that these parts and portions, of both real and personal Estate be equally divided to and between my Surviving Sons.
Lastly I constitute and appoint my Loving Wife Sarah Winn Executrix; And my Friends and brothers, Peter Winn, John Baker, and Thomas Baker and my two Sons John Winn and Robert Winn, Executors of this my last Will and Testament, and do hereby invest them with full Power and Authority to buy, and Sell, as they shall Judge, most conducive to the improvement of my Estate, without being Liable to Suffer damages, on Account of any loss there may be sustained thereby; – And I do hereby utterly revoke, Disallow and disannul all former Wills and Bequests by me heretofore made, or in any Wise left, declaring, ratifying, and confirming this and no other to be my last Will and Testament: In Witness whereof I have hereunto Set my hand and Seal the Seventeenth Day of May in the year of our Lord, one thousand Seven hundred and Eighty four.
John Winn
Signed Sealed and declared by the Testator, John Winn to be his last Will and Testament – in the presence of us, who in the presence of the said Testator, and at his request, and in the presence of each other, have hereunto Subscribed our Names as Witness –
John Way
Wm [William] Spencer
Mary Way
Personally appeared in Open Court, John Way one of the Subscribing Witnesses, above mentioned, who being duly sworn, Saith that he saw the above named Testator John Winn, Sign Seal and deliver this Instrument of Writing to be his last Will and Testament and that he likewise saw William Spencer and Mary Way, Submit their Names With himself as Witness thereto
John Way
Sworn in Court this 16th November 1786
John Graves CCCL
Recorded 1st April 1784
John Graves CCCL
Be it known unto all Men by the Presents that whereas I, John Winn of Liberty County in the State of Georgia, Planter, made my Last Will and Testament, bearing date the 17th day of May 1784, that I do by this Codicil ratify and confirm the same, in every Case wherein it may not be contrary to what I shall herein after give and bequeath. It is my Will and desire that the Child that my Wife is now pregnant with, if a Son, shall have an equal part of my Estate with my other Sons, and if a Daughter and equal part with my other Daughters, that is, both of my Real and personal Estates. It is also my Will that my Wife and all my Children shall have an equal right to my Houses and land on the Colonels Island. It is also my Will and desire that my friend James Wilson, should be one of the Executors of my Estate, and I do hereby appoint him as such, to have an equal Right with the rest of my Executors in all Cases whatsoever – and it is m Will that this Codicil should be considered as a part and parcel of my Last Will and Testament. In Witness whereof I have hereunto Set my hand and Seal this 13th Day of April in the year of our Lord one thousand seven hundred and Eighty Five
his
John Winn
Mark
[NOTE: It is noteworthy that John Winn was able to sign his own name in the original will, but had to sign by mark in the codicil. Signing by mark usually indicates illiteracy but in this case probably physical inability.]
In presence of
Peter Goulding
William Bacon
Personally appeared in Open Court Peter Goulding, one of the Subscribing Witnesses, as their mentioned, who being duly sworn, Saith that he saw the within named Testator, John Winn, Sign, Seal and declare this to be his Codicil to his Last Will and Testament and that he saw William Bacon with himself subscribe his Name as a Witness thereto.
Peter Goulding
Sworn in Court this 17th November 1786
John Graves CCCL
Recorded 1st April 1787
John Graves CCCL
[End Transcription]
Source: Liberty County Superior Court, “Deeds & Mortgages v. A 1785-1787,” p. 168-9; digital image, FamilySearch.org, “Deeds & Mortgages, v. A-B 1777-1793” within “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” images #223-4, (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLZ-FPPR?cat=292358, accessed 10/18/2021)