They Had Names

African Americans in Early Records of Liberty and Bryan Counties, Georgia

Liberty County Will — James Stuart (1785)

Enslaved People Named: Nanny
Testator: James Stuart
Executors: Elizabeth Stuart, Josiah Bacon, James Stuart
Date Signed: 1785-03-02

This will was found in digitized Liberty County Probate Office loose files. It is not clear if it was ever recorded.

[Begin Transcript]

In the Name of God Amen. I James Stuart of the County
of Liberty in the Province of Georgia Planter, being sick and weak of Body
but of perfect Mind and Memory, calling to Mind my Mortality, and
knowing that it is appointed for all Men once to die, do make and
ordain this my last Will and Testament, That is to say, First of all I
recommend my Soul into the Hand of God that gave it, and my Body
to the Earth to be buried with a decent and Christian like Burial at
the Discretion of my Executors and as touching my Worldly Estate, I
give, demise and dispose of the same in the following Manner and
Form.
First it is my Will that all my lawful Debts and funeral Charges be
paid.
Item I give to my beloved Wife Elizabeth Stuart one Negro Wench by Name
Nanny, my riding Chair and Furniture, and one of my Horses to be chosen
by her; in Lieu of her Dower, and all household Furniture, her before Mar-
riage with me and at that Time in her Possession.
All the Rest of my Negroes I give to be equally divided to, and among,
my said Wife, and all my Children.
Item I leave that Tract of five hundred Acres of Land on which I now
live, to the Discretion of my Executors, to be sold, if they shall think it
necessary, or most convenient to do so; and in Case it should not be
sold, I then give the same to be equally divided between, and to, my
Sons William Stuart, and James Stuart, in such Manner as that
James shall have Midway Swamp in his Part, and William New
Port Swamp in his Part. to them their Heirs and Assigns.
Item I give to my Son Charles Stuart one Tract of three hundred Acres
of Land, lying and situate on a Swamp called the Mortar Swamp,
to him his Heirs and Assigns.
Item I give to my Son Josiah Stuart one Tract of five hundred Acres of
Land situate, as supposed, at a small Distance Northward of the
North Line of the Parish of Saint John, and some Part joining a Tract of
Josiah Powell as supposed, and formerly of Robert Miller. to him
his Heirs and Assigns.
I hereby nominate and appoint, my beloved Wife Elizabeth Stuart
Executrix, my beloved Friend Josiah Bacon Esqr. and my beloved
Son James Stuart, Executors of this my last Will and Testament,
revoking and disannulling all others by me heretofore made or
mentioned, and ratifying and confirming this and no other to
be so.
Notewell. That these Words added, after the Words (in Lieu of her Dower)
in the first Item. viz and all household Furniture; hers before Mar-
riage with me and at that Time, in her Possession. and also the Word
(John) interlined in the fourth Line from the Bottom of the other
Page; were done before Signing and Sealing.

Published, pronounced and declared
by the said James Stuart, to be his
last Will and Testament this
Second Day of March 1785
in the Presence of us

Eliz powell
William Baker Senr.
John Way Senr.

his
James [X] Stuart
Mark

Personally appeared this 31st. of October before me Thomas
Baker Register of Probate for Liberty County in the State
of Georgia. John Way Senr. who being duly sworn saith
that he verily Believes this Instrument of Writing is the
last Will & Testament of James Stuart Esqr. deceased
that he saw him sign, seal, and deliver it as such, and
that he saw Elizabeth Powell, and William Baker Senr.
sign together with himself, in the presence of each other
and in the Presence of the Testator as Witnesses of the Same
Sworn this 31st. Octr. 1785}
before me. }
Thomas Baker

[Signed] John Way

[End Transcript]

Find the digitized original at: Loose Papers in folders by surname, Liberty County, Georgia, Probate Court; digitized images with typewritten indexes, FamilySearch.org (https://www.familysearch.org/ark:/61903/3:1:3QS7-99QM-XV9R : accessed 15 Jun 2026), “Georgia Probate Records, 1742-1990 -> Liberty -> Estate records 1775-1892 Stevens, John – Tennell, Frances, images 632-3, FamilySearch Library film #005764248.