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Georgia In the name of God Amen I Ann Pray of the County of Bryan being of Sound mind and perfect memory do this twentieth (20th) September in the year of our Lord one thousand eight hundred and twenty six (1826) make this my last will and testament in manner and form following viz.
First I bequeath my Soul to God, hoping for his mercy through the only merits of our Lord & Savior Jesus Christ.
Second I give unto my niece Ann Pray Law Daughter of Nathaniel and Sarah M. Law my Lot with the Improvements thereon fronting Bull Street Johnson Square Sav’h Chatham County No. [left blank] In the case of the death of said Ann Pray Law or before she attains the age of eighteen years of age I give the said Lot etc share & share alike unto my niece Sarah E. Mell wife of Wm. H. Mell Martha A. Law daughter of Nathaniel & Sarah M. Law and Edmund L. Law son of N. & Sarah M. Law their heirs & assigns. I wish the Insurance on said Lot kept up and repairs and taxes paid. I leave Jos. Law Sen’r and Sam’l Law of Liberty County Trustees of the above mentioned presents and of this Legacy.
Third I give unto my Niece Ann M. Hynes wife of Lewis Hynes [sic, Hines] and the Children of [them] My Lot fronting Johnson Square Savannah Chatham County No. [blank] to them their heirs and assigns I wish the Insurance kept up and repairs and taxes paid.
Fourth. I give unto Sister Sarah M. Law Twenty Shares United States Stock in Trust to Jos. Law Sen’r and Sam’l Law it is my wish that my sister have the Compleat Control of all the dividends that may accrue upon the above 20 Shares (Twenty) on the Death of my Sister Sarah M. Law I wish the above Mentioned Twenty Shares to be equally divided between Martha A. And Edmund L. Law my sister’s children in case of the death of either the Twenty Shares to go to the Survivor and in Case of the death of Martha A. & Edmund L. Law I give the above Twenty Shares Share and Share alike to Sarah E. Mell and Ann Pray Law.
Fifth I give unto my sister Francis [alt: Frances] Charlton in Trust to A. G. ?Semmis? and M. Talbot Sen’r twenty Shares of the United States Stock to her and her heirs forever. I wish my sister to have the entire control of the Dividends growing out of the above Twenty Shares during live.
Sixth I give unto my Nephew James M. Charlton five Shares of the United State Stock to him, his heirs and assigns.
Seventh I give unto my nieces Sarah & Mary Pray Charlton five Shares of the United States Stock to them their heirs and assigns forever In trust of James M. Charlton and M. Talbot.
Eighth After a final division of my Estate I give one third of my stock of horned cattle within the County of Bryan unto the Children of my Brother Thomas Mann by his present wife, one third unto the children of my Brother Luke Mann and one third unto John Pray Hynes son of Lewis Hynes, the whole in Trust to Lewis Hynes.
Ninth I give my Household furniture of every description in Bryan County to my Sister Mary Sleigh and Harriet H. Mann wife of Thomas Mann share & share alike. On the death of my sister Mary Sleigh I give her portion or share to my friend Lewis Hynes their heirs and assigns.
Tenth After a final division of my estate, I give unto my sister Francis Charlton and Sarah E. Mell all my stock of horned cattle, horses and hogs in Wilkes County share & share alike in trust to M. Talbot Sen’r & L.C. Toombs.
Eleventh I give unto my niece Sarah E. Mell wife of Wm. H. Mell all my household furniture in Wilkes County to her, her heirs and assigns in trust to L.C. Toombs.
12th After a final division of my estate I give unto my sister Francis Charlton wife of A.M. Charlton and my niece Sarah E. Mell wife of W.H. Mell my waggons carts & plantation tools of every description share & share alike in Wilkes County and in trust for their benefit to M. Talbot Sen’r and L.C. Toombs.
13th I give unto my particular friends Mrs. Ann Bond and Mrs. Rebecca Knox wife of Andrew Knox my household and kitching [sic] furniture of every description in Sav’h (excepting my plate) share and share and share alike.
14th I give unto my niece Ann Maria Hynes wife of Lewis Hynes as a token of my love and affection seven pieces of plate viz. Two tea pots one coffee pot one cream pot one wash bowl and two sugar disches [sic] the ballance [sic] of my plate in Sav’h I give to my esteemed friend Mary E. Bond.
15th I give unto my niece Sarah E. Mell wife of W.H. Mell a Negro man named Tom commonly called Carpenter Tom, provided he hath no wish to go the way I intend my other negroes shall go. Should he after three days reflection prefer remaining with the said Sarah E. Mell wife of W.H. Mell aforesaid I give him in Trust to L.C. Toombs for her benefit her heirs and assigns forever.
16th I give to Mrs. Ann Bond as a token of my love my carriage and carriage horses, such as they are to her her heirs and assigns.
17th I give after a final [word] of my affects [effects?] unto my brother Thomas & Luke Mann all my horses mules waggons carts and plantation tools in Bryan County share and share alike.
18th It is my wish that my negro woman Sally daughter of Satira who belongs to John Pray Maxwell son of John J. Maxwell should be allowed three days to reflect whether to go where I intend my other negroes shall go or whether she would prefer remaining with her mother. In case she makes choice of the latter I give her and issue and future increase to John Pray Maxwell son of J.J. Maxwell to him his heirs and assigns.
19th (The object of the testatrix in this item is to emancipate slaves – which item cannot be recorded ?Prince? Digest fo. 457 & 466.)
20th Whereas I hold one hundred and two shares in the State Bank of Georgia, and one hundred and twenty six shares in the Planters Bank of Georgia I direct my Qualified Exor (if its necessary to sell the same or as much as will satisfy all demands against my estate of the stock if more than sufficient to discharge all demands against me I wish the ballance of stock divided in to three equal parts (viz. One part to Martha A. And Edmund Law, children of my sister Sarah M. Law one part to my brother Thomas Manns children by his present wife one part to my brother Luke Manns children should the above mentioned appropriation of my Bank Stock be insufficient to discharge all demands against me I wish the Ballance made up out of the sale of my negroes but not otherwise.
21st Whereas I possess in my own right upwards of ninety negroes (exclusive of those before enumerated) its my wish that my Qualified exors do dispose of them in two distinct gangs as they are at present working in Bryan and Wilkes this disposition is not to be made but to humane masters to carry this my wish into compleat effect its my wish that they be appraised after the settlement of my debts by three respectable persons, selected by my Qualified Exors and a Deduction of ten pr cent on the amount of such appraisements as an inducement for the humanity of their future treatment I give one fourth of the nett proceeds arriving from the sale of the before mentioned negroes to the American board of Comr [Commissioners] For Domestic Missions for the purpose of sending the Gospel to the heathens and particularly to the Indians of this Continent. One fourth of the nett proceeds arising from the Sale of the before mentioned negroes I give to persons properly authorised to receive the same to be appropriated as such persons may think most proper for the support of a permanent minister etc for the meeting house on the next Road near Hardwicke Bryan County. One fourth of the nett proceeds arriving from the sale of the before mentioned negroes I give in manner following viz fifteen hundred dollars to the children of my niece Sarah E. Mell wife of W.H. Mell in Trust of L.C. Toombs the ballance of this fourth I give to the children of my sister Francis Charlton share and share alike in [trust] of M. Talbot and James M. Charlton.
One fourth being the ballance of the nett proceeds arising from the sale of the before mentioned negroes I give (should it not be found necessary to appropriate the same or a part to the payment of my debts) in manner following viz. one part to Martha A. & Edmund L. Law children of my sister Sarah M. Law in trust to Joseph Law Sen’r & Sam’l Law both of Liberty County one part to the children of my brother Luke Mann I trust to Lewis Hynes of Bryan County. It was my most ernest [sic, earnest] wish to have emancipated the whole of negroes but the Laws of Georgia I am told by my friends puts it compleatly [sic] out of my power.
22d I have ernestly [earnestly] to injoin and request my friends Jos Law Senr and Sam’l Law trustees of my niece Ann Pray Law that with the income arising out of the rent of the Lot in Bull Street Johnson Square Sav’h (Item 2d) they select the most proper female academies for her Education and that she be kept constantly at School untill she attains to the age of seventeen years of age should there be any ballance of rent growing out of the amount rent of said Lot after discharging the Expenses of my nieces education board etc etc I wish the same laid out in the purchase of Bank Stock and not in Negroes upon any account whatever.
23rd Whereas frequent misconstructions of Testators accrue which often lead to litigation to aleviate [sic] this difficulty I wish it to be expressly understood by all my heirs or legatees and qualified Exors that I enjoin upon a majority of my Exors to decide fully & expressly upon my intentions in every matter and things that may seem ambiguous in this will which decision shall be final to all intents and purposes should any of my heirs of Legatees decent [dissent?] from such award or decision its my wish and desire that the legacy left to such person or persons be forfeited which forfeited legacy I give to the Meeting House in Bryan County for the purposes contained in item 21st.
24th Lastly I do nominate and appoint my friends William B. Bullock of Savannah John J. Maxwell Lewis Hynes & Geo. M. Waters all of Bryan County Exors to this my last will and testament I the said Ann Pray have hereunto set my hand and seal the day and year first written in the presence of us who were present at the signing and sealing thereof and signed & subscribed our names as witnesses to the same.
Lavina C. Tooms [sic, Toombs]
James Brown
Benjamin Crabb
As soon as an appraisement takes place its my wish and desire that the whole of my furniture both in the up and low Counties also my carriages and Horses should should [sic] be immediately given up to the Legatees before mentioned the ballance of my property of every description I wish kept together till all my debts are paid immediately thereafter to be distributed to my different Legatees as before mentioned.
In presence of us who were present at the signing and sealing thereof and signed & subscribed our name as witnesses to the Same.
Lavina C. Tooms [sic, Toombs]
James Brown
Benjamin Crabb
[Probated by Lavinia C. Tooms and Benjamin Craff before the Wilkes County Court of Ordinary in the July term of 1827 on July 2, 1827. Recorded on July 9, 1827.]
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Wilkes County, Georgia, Court of Ordinary, Record of Wills book H-H, will of Ann Pray, pgs 215-222; digitized images, FamilySearch.org (familysearch.org/ark:/61903/3:1:3QS7-893L-T8C8 : accessed 14 Aug 2024), Georgia Probate Records, 1742-1990 -> Wilkes -> Wills 1819-1877 vol HH-II, images 148-152.