[Begin Transcript]
Georgia City of Savannah 5th February 1819
Page 1st In the name of God I John Pray of the County of Bryan but at present in the City of Savannah being in sound mind and perfect memory Do this fifth day of February in the year of our Lord one thousand eight hundred and nineteen, 1819, make this my last Will and Testament in manner and form following viz –
Item 1 It is my will and I direct that all my Estate both real and personal shall be kept and continued together untill all my just debts and legacies are paid, debts if any first, and as soon after as possible to be disposed as herein after directed. In the Room of Dower I give unto my beloved wife Ann Pray the full use and possession with all advantage and benefit there from of both my plantations in Bryan County which I now consider as my residence called Harewood & White oak both containing about seventeen hundred acres more or less for and during the term of her natural life but no longer. After her death it is my will and I direct that my executors [word apparently missing, missing in all three copies] both of the aforesaid Plantations Harewood & White Oak on a credit of five years say by five annual instalments each to draw interest from the day of sale taking a mortgage & if necessary Personal Security. The amount sale of the aforesaid Plantations as annually collected, principal & interest I give the same share and share alike unto the children of my uncle Benjamin Turpin by his present wife formerly Miss Wheaton to them their heirs and assigns for ever.
Item 2d I give unto Mary Sleigh sister to my wife to her her heirs and assigns for ever three hundred dollars and fourteen shares of my stock in the State Bank of the State of Georgia.
Item 3rd I give unto the widdow [sic] of my deceased friend Stephen J. Maxwell and to her children share and share alike the following negros & their future increase viz Polly her children Sam Leah [or Sarah*] & Pheba [alt: Phoebe, Phebe] the latter’s child Leah, new negro Monday now in Wilkes, fellow Manly and ten shares of my stock in the Bank of the United States.
*Name appeared as Sarah in the George G. Belt Maryland court case. Appeared as Leah or Liah in the version filed in Chatham County (Vol E-F, image 291). Appeared as Siah [clearly differentiated from the name Leah that followed it] in the will that appeared in Chatham County Probate Records, Page-Putman, Folder 1-103 [image 1061]. Appeared as Leah or Liah in the 1819 Bryan County estate inventory
Item 4th I give unto the children of Luke Mann by his present wife and to my executors in trust for his wife & equal shares with her children share & share alike the following negros & the future increase new negro Sampson Chance Ben these three in Wilkes & also two children George & Fillis [alt: Phyllis, Phillis] the mother & rest [of the] the family I have sold to John J. Maxwell) and twelve shares of my stock in the Bank of the United States to them their heirs and assigns for each and all claim to which I now have or may have after have on mortgage judgments or otherwise against Luke Mann the husband & father to the above I do relinquish the same for the joint benefit of his wife & her children say in trust to my Executors for his wife.
Item 5th I give unto my executors in trust for the use of Frances Charlton wife of Arther M. Charlton and to her children including any she may hereafter have share & share alike all my plantation in Wilkes County purchased from William Murray on which the said Arther M. Charlton’s family now resides containing six hundred & forty five acres more or less and the following Negros & future increase New Negros April Frank Jack & Phillis, Edy & Belmont George Also four shares of my stock in the Planters Bank of the State of Georgia say State Bank instead Planters Stock which is my intention to give to them their heirs and assigns for ever.
Item 6th I gave unto my Executors in Trust for the benefit and use of Rebecca Knox and to her children including any child she may hereafter have share & share alike to their use for ever the following negros & future increase Wally his wife Nancy Yellow Elsy her children Candis & William these in Wilkes, New Negros August Daniel his wife Lucy old Nancy her children Yorick and Hester, Harriot her child Martha.
Page 2nd The five latter negros now in possession of Rebecca Knox and also I give unto my executors in trust as aforesaid for the said Rebecca Knox and her children as aforesaid twenty two shares of my Stock in the Planters Bank of the state of Georgia, and one hundred & twenty shares of my Stock in the Bank of the United States to them for ever.
Item 7th I give unto Cathrine Ray Elbert Burke & Elizabeth Elbert Burke nieces to Sarah Elbert share alike to them their heirs & assigns for ever twelve hundred dollars.
Item 8th I give unto Ann & Jane Mann children of Thomas Mann by his first wife who are now in New Providence with Doctor Tynes to them their heirs and assigns for ever share alike the following negros & future increase Dick Hannah Lucy Pegy [alt: Peggy] her children Sulpher & Susan Daphny her children Sharlot Betsy & Jacob these negroes formerly Thomas Mann’s fellow Davy the latter formerly Estate Richard M. Maxwell. I also give them five hundred dollars in case of the death of either Ann or Jane without having a child the negros & increase & cash to go to the survivor for ever. It is my request that my executors do hold the possession of the negros & work them for their benefit and if the proceeds should be more than equal to the support of Ann & Jane to lay out any surplus in the purchase of any property for benefit of Ann & Jane or put the same at Interest my executors to deliver over the negros at any time they may suppose it to Ann & Jane’s interest so to do. My executors will supply the negros with one full year’s provisions and such plantation tools as they may require when they draw them from my Estate to go to Labour for Ann & Jane. My executors will not allow their father on any conditions to have anything to do with anything left by me to any of his children.
Item 9th. I give unto my Executors in trust for my goddaughter Mary Jane Pray Hines wife Lewis Hines and to the lawful heirs of her body & not subject to her husband’s debts or control without consent [of] my executors the following negros & future increase Lonnon [alt: London] his wife Cloe her children Peter Charles Flanders Clarinder [alt: Clarinda] & Sam. Battist [alt: Batiste] his children Dublin Maria Flora Lizett her child Battest. Midda Ben Jim & Peter the three latter Midda’s children I also give to Mary & her heirs as aforesaid for ever all my part or proportion of the Belmont Plantation & Yamasa in Bryan [County] formerly the estate Luke Mann’s in case of the death of Mary Jane Pray Hines without having any child or children then in such case it is my will at her death that all the aforesaid negros & increase shall go share & share alike unto her husband Lewis Hines unto the children of Thomas Mann and the children of the said Mary Jane Pray Hines; to them their heirs & assigns for ever.
Item 10th. I give unto Isabella Knox daughter of Rebecca Knox to her her heirs and assigns for ever Murrear’s [alt: Murria’s or Marria’s] daughter Persilla [or Perscilla] and her child Murrear.
Item 11th I give unto Miss Sarah Rice sister to Rebecca Knox, to her her heirs and assigns for ever five hundred dollars. I also give to the said Sarah for and during her natural life ten shares of my stock in the State Bank of the State of Georgia say the dividends to go to her. At her death I give the aforesaid ten shares of stock in trust for the use of Rebecca Knox & her children for ever (say in trust to my Executors for them) including any child the said Rebecca may hereafter ever have. The said Rebecca’s part at her death to go to her children for ever.
Item 12th I give unto Miss Sarah Elbert daughter of General Samuel Elbert deceased to her her heirs and assigns for ever eight hundred dollars.
Item 13th I give unto Miss Mary Hazard to her her heirs and assigns for ever (the said Mary now resides in Luke Mann’s family) negro fellow Tom purchased from Estate James B. Maxwell. Tom is one [of] Rose’s children now in Wilkes County. I also give to her the said Mary Hazard to her heirs and assigns for ever five hundred dollars and eight shares of my stock in the State Bank of the State of Georgia.
Item 14 I give unto my favourite and worthy little friend Elizabeth Bond daughter of Mrs. Ann Bond to her her heirs and assigns for ever the following negros & future increase or issue woman Maria her children George & Ely, fellow Sam the latter purchased from Estate Morris Miller. I do also relinquish to her all my claim in July husband to Maria unto Elizabeth and I do also give to her fifteen shares of my stock in the Planters Bank of the State of Georgia and also two hundred & fifty dollars to be paid her within sixty days after my death.
Item 15th I give unto Mary Maxwell widow of Doctor Maxwell formerly of Bryan County and to such of her children as may be single at the time of my death share and share like new negro fellows Charles & June the latter purchased from Estate Wm. Butler also twelve shares of my stock in the Planters Bank of the State of Georgia and two hundred dollars to be paid them within sixty days after my death to them their heirs and assigns for ever.
It is my will that in case of the death of my little friend Elizabeth Bond without her making a will or dying intestate that in such case it is my will that the negros & increase left her as also the bank stock shall go unto her sisters share alike for ever.
Item 16th I give to my executors in trust for the use of Elizabeth Mell niece to my wife and to the lawfull heirs of her body share & share alike to them their heirs & assigns for ever the following negros, new negros Toby John & Prince and also nine shares of my stock in the Planters Bank of the state of Georgia but in case of the death of Elizabeth without issue in that case I give the one half of the above negroes & stock to her husband and the other half to the children of Luke Mann by his present wife to them their heirs and assigns for ever.
Item 17th As a memory of my respect it is my request that my executors do present to my worthy friend the Reverend William McWhir five hundred dollars with a copy of this item of my will. More I would of given did I not know he does not require it.
Item 18th I give unto my cousin Eliza Gray to her her heirs and assigns for ever five thousand dollars I also give to her her heirs and assigns for ever fifteen shares of my stock in the Bank of the United States.
Item 19th I give unto my cousin Lydia Aplin to her her heirs and assigns for ever five thousand dollars I also give to her her heirs and assigns for ever fifteen shares of my stock in the Bank of the United States. It is my request that my executors do immediately after my death transfer the above Bank stock to each of my cousins and forward the scrip after transfer to them it being my will & desire that they shall draw the dividends on the same from the time of my death and also to receive any part of dividends which may be due on the stock so left them at the date of my death.
Item 21st I give unto the children of my Uncle Benjamin Turpin by his present wife who was formerly Miss Wheaton share & share alike to them their heirs and assigns for ever three thousand dollars.
Item 22 I give unto the children of my cousin Lydia Aplin to them their heirs and assigns for ever share & share alike two thousand dollars, and whereas I hold a mortgage of Benjamin Aplin on their house & lot situate in Providence as will appear by the original now in my possession and recorded in Providence I do relinquish all claim of the same unto my cousin Eliza Gray to her her heirs and assigns for ever and request my executors to assign it to her when requested.
Page 4th
Item 23nd I give unto Joseph Pray Law son of my friend Colonel Law to him his heirs and assigns for ever new negro fellow June who is on my Wilkes Plantation.
Item 24th I give unto my Aunt Turpin formerly Miss Wheaton wife to my Uncle to her her heirs and assigns for ever six hundred dollars.
Item 25th I give unto the female asylum of the City of Savannah twenty shares of my stock in the Planters Bank of the State of Georgia for the use of said Institution for ever.
The above six hundred dollars left to my Aunt Turpin my executors are authorised to control the same so that it shall not be subject to her husband’s debts as fully so to do as I would my self if living.
Item 26th I give unto my beloved wife Ann Pray with every advantage and benefit therefrom for and during her natural life but no longer all that my house and lot in Broughton Street in the City of Savannah which I now occupy formerly property E. Wambersie known by number four (4) at the death I give the aforesaid lot and all improvements thereon share & share alike unto the children of Rebecca Knox wife of Andrew Knox to them their heirs and assigns forever. But should my executors at any time before her youngest child may arrive to age of twenty one years or marriage of all of them judge it to be for their interest they are authorised to change their property by a sale and vesting every child the said Rebecca may ever have to come in equal with these she now has.
Item 27th I give unto John Pray Maxwell son of my friend John J. Maxwell to him his heirs and assigns for ever old Satyra wife to Joe the property of the said John J. Maxwell Satira’s two children August & Nelly & their future increase.
Item 28th In consequence of Joe one of Satira’s children having Pegy for a wife I give Joe to Jane & Ann Mann children of Thomas Mann to them their heirs and assigns for ever on the same terms etc as the other negros left to them in the eighth item of this will.
Item 29th I give unto Cornelia & Claudy Bond to them their heirs and assigns for ever share alike children of Ann Bond in case death of either before marriage to go to the survivor for ever negros Patty & Bess two of Satira’s children also Andrew Patty’s child & their future increase. But in consequence of my friend John J. Maxwell owning their father & my having left part of this family to his son John Pray Maxwell on the condition the said John J. Maxwell will agree that the above named negros & their future increase Patty Bess & Andrew shall be valued by any three persons agreed on by himself my executors or by my executors them selves on his paying within ten per cent of such valuation unto my executors then and in that case the aforesaid negros shall go unto his children to them their heirs and assigns for ever as also their increase and in the event of the same being paid for by him the amount of said valuation after ten per cent deduction to be paid over to the said Cornelia & Claudy Bond to them or to the survivor for ever be it understood that this transaction is to be carried into effect after my debts & legacies are first paid.
Item 30th Whereas in my youthfull [sic] days I was attached to Jane Laffette widdow [sic] who is mother in law to John B. Norris which attachment I have ever held in mind or recollection. It is therefore my will & request that my executors do call on her immediately after my death and present to her fifteen shares of my stock in the Planters Bank of the State of Georgia which I hope she will accept, my executors will make the transfer of the said Page 5 fifteen shares to her and present the scrip with a copy of this item. And in the event of the twenty dollars per share now due on the aforesaid stock not being paid at my death, it is my will and request that my executors do pay the same up if called for during the time my estate may be kept together as before directed, and in case the payment is not called for before my estate is given up as directed, then & at the time of giving up the same after debts and legacies are paid it is my will that they then pay to the said Jane Laffette three hundred dollars for the purpose of her paying the aforesaid twenty dollars on the aforesaid fifteen shares when called for by the Bank.
Item 31st I give unto Ann Bond to her her heirs & assigns for ever six shares of my stock in the Planters Bank of the State of Georgia. I also give to Claudy & Cornelia Bond share & share alike to them their heirs and assigns for ever six shares of my stock in the Planters Planters Bank of the State of Georgia.
Item 32nd My plantations in Wilkes County which I purchased from Thomas Terrell Peter B. Terrell Estate John Allison Robert H. McRea the latter as executor to his father also a small piece from Isham Richardson the whole containing about nineteen hundred acres more or less, the whole of the above tracts adjoin each other reference to deeds of record in Wilkes County will more particularly shew quantities etc etc. I give all the before described plantations or tracts of land unto my beloved wife Ann Pray with all benefit thereupon for and during her natural life provided she remains my widdow [sic] but on the day she may marry or in case she should not marry at her death which ever may first happen then it is my will and I direct that my executors do sell all of the above described plantations or tracts of land on a credit of four years say four annual instalments each to draw interest from day of sale taking a mortgage and personal security for each instalment. The principal & interest of each instalment as annually collected I give the one third part of the same to Jane Heath wife of James P. Heath & to her children to them their heirs and assigns for ever share & share alike. The two thirds of the principal & interest as annually collected I give the same share & share alike unto my cousins Lydia Aplin & Eliza Gray, Elizabeth Bond, Ann Cornelia & Claudy Bond children of Ann Bond my aunt Turpin wife of my uncle Benjamin Turpin, and Joseph Pray Law son of Colonel Jos. Law to them their heirs and assigns for ever. If necessary to secure the part in the proceeds of the sale of these lands to Jean Heath I leave the part she may be entitled to in trust of Richard K. Heath of Baltimore for her sole use and the part my Aunt Turpin may be entitled to in trust to my executors if necessary to secure it from her husband’s debts.
Item 33 As a memory of my friendship for William A. Dunham I give to him his heirs and assigns for ever six shares of my stock in the Planters Bank of the State of Georgia.
Item 34th I give unto Mildredge Ogdon connection to my wife to her her heirs and assigns for ever new negro fellow Billy and two hundred dollars, the latter to be paid within sixty days after my death, but in case my wife Ann wishes to keep Billy she is fully authorised so to do on giving Mildredge Ogdon any other negro out of those which I leave to my wife of nearly or quite equal value to Billy.
Item 35th I request that my friend John J. Maxwell do accept my pistols.
Item 36 After the death of my wife or marriage when my executors do sell my Wilkes lands as described in the above 32 item it is my will that they do pay to the children of Thomas Mann by his present wife Harriot five hundred dollars out of each annual instalment of the proceeds of said sales as collected making
Page 6th. Two thousand dollars to be paid them in the four years this amount to be taken out of the two third part of said sales, no part to come out of the one third part to which I give to Jane Heath & her children.
Item 37. Immediately or soon after all be debts & legacies are paid it is my will and I direct that my executors do sell my plantation in Wilkes County which I purchased from the Executors of Daricott containing four hundred & eight acres more or less this land adjoins John Terrell & others & now planted by myself. On the following terms five hundred dollars to be paid in cash the balance by four equal annual instalments each to draw interest from day of sale mortgage and approved personal security to be required for payment each instalment & the interest on each instalment. It is my will that the cash part of sales as also the instalments principal & interest as annually collected be paid unto the legal representatives or guardian of Jane Heath’s children any which she now has or may have after have by her present husband James P. Heath and I also give to the legal representative or guardian of the aforesaid children fourteen shares of my stock in the Bank of the United States all the above to them share & share alike for ever.
Item 38th. All my part of Orange Grove Plantation situate in Bryan County formerly Estate of Thomas Day adjoining Ogeechee Causeway I give the same unto the children of my friend George M. Waters share alike to them their heirs and assigns for ever.
Item 39th I give unto Mary C. Footman wife of Doctor Footman to her her heirs and assigns for ever the following negros and future increase new negro Isaac Mary & Dinah those three is now in his possession and those I now add to Mary C. Footman is woman Mary & her children Lucy Bob & Fatimore to her her heirs and assigns forever.
Item 40th I give unto James Habersham Maxwell son of Ann Maria Maxwell to him his heirs and assigns for ever the following negros & future increase Boy Sam who is now in his mother’s possession Mingo Judah the latter’s child Rose in case of James death before arriving to twenty one years or marriage then the above negros to go unto his mother forever. I give Tyrah another of Judas children & her increase unto Ann Maria Maxwell to her her heirs and assigns forever.
Item 41st I give unto Susan Demere wife of Raymond P. Demere to her her heirs and assigns forever girl Dinah who is now in her possession, also child Joe brother to Dinah both children of Clarasa [or Clarissa] who is dead, and negro fellow Big Joe the latter brother to old Morris & John increase of Dinah to her forever.
Item 42 I give unto the children of Jane Pelot wife of Joseph S. Pelot to them their heirs and assigns for ever share alike including any child Jane may ever have by the said Joseph fellow Cupit his wife Elsy her child Pheba & their future increase.
Item 43rd I give unto Rebecca W. Wheaton of Providence Rhode Island mother to my Uncle Turpins wife a lot of land with all improvements thereon situated in the town of Providence Rhode Island reference to records in Providence in Book 27 pages 429-30 will more fully appear as to description etc with all benefit of the same for and during her natural life. At her death I give the before described lot & all improvements thereon unto the children of my Uncle Benjamin Turpin by his present wife formerly Miss Wheaton share alike to them their heirs and assigns forever. Subject nevertheless that after the death of Rebecca Wheaton that my Aunt Page 7th Turpin shall have the use of said Lot during her life provided she can hold the use of it without subjecting the same for Uncle Turpin’s debts agreeable to the laws of Rhode Island. I also relinquish all claim on the score of any rent whatever for said Lot and buildings thereon.
Item 44th I give unto my Goddaughter Hester Sarah Maxwell to her her heirs and assigns for ever but on such conditions as hereinafter expressed the following negros & future increase Rose her children Paris George Jack Louisa & Ephram all these in Wilkes, Diana Tom Flora the three latter children Dinah now dead Dianas child Dinah my Driver fellow Sandy his wife Silvy twelve now in all. (Tom one of Roses children taken out I mention this as it may be supposed an error) in case of the death of Hester before marriage it is my will in that case that all the before mentioned negros & increase Rose Parris [or Paris] George Jack Louisa Ephram Diana Tom Flora child Dinah Sandy & Silvy shall go share & share alike unto the sisters of the said Hester Sarah Maxwell, Mary C. Footman Susan Demere and to the children of Jane Pelot wife of Jos. S. Pelot but the children only to draw an equal share with Mary & Susan say the one third to the children & that divided between them including any child the said Jane may hereafter have, with those she now has. Be it understood that the condition on which I give the above negros & increase to Hester Sarah Maxwell is that in case she should marry any person without first obtaining the consent of her uncle John J. Maxwell provided he be living that in case she marries without his consent then & in such case I revoke this item of my will so far as to take one half of the above named negros & increase from the said Hester Sarah & give the one half share & share alike to her sisters Mary C. Footman Susan Demere and the children of Jane Pelot the latter to receive only the one third & that to be divided between them. I request my friend J.J. Maxwell to apprise Hetty of this condition as to one half of the negros in case of her marriage. I advise the consent in writing & that to be recorded, as I am sorry to say that I am aware that Hetty never can agree sufficiently well for my wife to let her live with her after my death. It is therefore my request that either her uncle John J. Maxwell or one of her brother in laws take her from my wife immediately after my death, and I do request that my executors do allow the sum of two hundred & fifty dollars for the annual or yearly support of Hetty to be paid to her uncle John J. Maxwell, this sum to be paid by two payments say one hundred & twenty five dollars every six months from date my death and to be continued so long as it may be found necessary to continue all my estate together but after the negros left Hester Sarah as given up to her uncle John J. Maxwell whom I request to take in his charge for her; then this sum not to be allowed for her any longer but at the day this allowance is stopped and her uncle receives the negroes, I then give to him for her use and benefit two hundred dollars & six shares of my stock in the Planters Bank of the State of Georgia. Be it understood that in case my wife should be satisfied for Hetty to remain with her until my debts & legacies can be paid that in such case the said two hundred & fifty dollars not to be allowed her but in room of the same my executors will allow her two hundred dollars per year so long as my Estate may be all kept & continued together & untill her uncle receives her negros. That sum to be placed in the hands of my wife to cloth[e] her – the above six shares stock to go to her uncle for her use at the time above mentioned. Let her remain where she will.
Item 45th It is my will and I direct that my executors do dispose off [sic] and sell immediately after my death my lot which I purchased from David B. Mitchell as guardian of Miss Mills which property was formerly the property of the Estate of Mills situate on the corner lot opposite the store of Andrew Page 8th Andrew Low & Co and fronting one way on Johnsons Square the corner building now thereon occupied at this time by Cope Esquire Sheriff this lot having been sold at Public auction under a decree of the Superior Court and purchased by me, terms of sale as follows one fourth part an approved indorsed note payable in four months – one fourth part an approved indorsed note payable in twelve months – one fourth an approved indorsed note payable in eighteen months the other last fourth an approved indorsed note payable in two years legal interest to be added on each payment and a mortgage of the property as a security for the payment of all the instalments. It is my will and I direct that my executors will apply the amount of principal & interest of the two first instalments in payment of my debts if any I owe, if no debts to be applied in payment of the cash legacies which I have left. It is my will and I direct that the third instalment or payment principal and interest to be paid share & share like unto the legal guardian of the children of Thomas Mann by his present wife Harriot for the use & benefit of the aforesaid children them their heirs and assigns for ever including any child she may hereafter have by her present husband. If any difficulty occurs for want of guardian my executors will hold the same in trust for them keeping the money on interest for their beneift allowing them the interest or even a part of principal if their necessity require is. I do prohibit their father from having any control over the money and authorise my executors to prevent it as fully as I could do if living. The fourth and last instalment or payment principal and interest I give the same share and share alike say one half to the female asylum of the City of Savannah and the other half to the Seamanns [sic] Hospital of the City of Savannah for the use & benefit of the aforesaid Institutions for ever.
Item 46th Whereas I hold a judgment against Thomas Mann which was obtained in favour of Dewolfs & assigned to me by William Davies attorney for them I give the aforesaid judgment principal & interest in trust to my executors for the sale & entire use of Ann & Jane Mann to them their heirs and assigns forever in case death either before marriage to go to the survivor and whereas I have given to Mary Sleigh in 2nd item of this will fourteen shares of my stock in the state bank it is my will that she only receives the dividends on the same for her life time and at her death it is my will that the said fourteen shares of stock shall go unto her daughter Mary Jane Pray Mell & to any child or children she may ever have share alike between Mary and any such children if any, if none then to her self for ever.
Item 47th It is my request that my executors do not allow a sacrifice of any property I have directed to be sold and should they find they can effect sales of any of my property directed to be sold at private sale I authorise them to act in that respect at their discretion either private or public sales and I do also authorise them to divide my lands into any quantities they may determine may benefit my estate & legatees in selling the same as I am of the opinion that my lands in Wilkes particularly those bought of the Terrells and others adjoining be so large, a benefit may result from a sale in small parcells by a caution in dividing the same. In consequence of the changes which frequently occur by marriage & etc among my negroes and it being Page 9th my wish and sincere desire that they shall be made as comfortable & satisfied as possible after my death I do authorise my wife as fully so as I could do myself if living to exchange any of the negros which I may leave to her for any others left to any of my legatees and in case of her making any changes my executors or any three proper persons to be chosen by my executors to determine the valuations of the negros in any such exchange bringing the value as equal as it may be possible and in case of a difference in valuation against my wife to any small amount my executors are requested to pay the same for her out [of] the funds my estate generally but if the difference is in her favour the legatee must pay it to my wife unless she voluntarily relinquish the same, my executors will comply with my desire by ascertaining how they appear satisfied before they are separated agreeable to my will. And I do authorise my executors to make any equal exchanges among my other legatees to whom I have left negros if in their opinion that they can better satisfy them than for them to go precisely as I have left them their discretion to meet my views in this respect is all I can request.
[Transcriber’s Note: There were two item 47s in both copies of the will.]
Item 47th It is my will that my executors do pay over all the dividends which may become due on all the Bank Stock which I have left to Rebecca Knox & her children for their benefit from the date of my death for their support my executors holding the mothers part in trust for her benefit if necessary and whereas I now hold a judgment obtained by Stain Back Wilson [or Willson] against Andrew Knox which is assigned to me & on record in Savannah & as I also hold some other claims against the said Andrew Knox therefore whatever claim I may hold against him at the time of my decease including the above judgment & interest I give all such claim against him to my executors in trust for the benefit of the said Andrew Knox’s wife, Rebecca & to her children share & share alike their heirs and assigns for ever.
Item 48th I do hereby expressly prohibit any of my relations from selling to any person whatever direct or indirect any part of any claim they may have for any Legacy left by me to them, untill they may receive the same from my Estate through my executors my object to prevent any person from speculating on them and I do declare that any sale from them for any Legacy or part thereof shall not be considered as a legal transfer and I do request that my executors will do nothing more than pay to them from time to time such Legacies as I have given, or may hereafter in this will give, or by any other instrument hereafter. It is my request that immediately after my death that my executors do forward a certified copy of my will say one to my cousin Lydia Aplin & another to Eliza Pray of Providence and I also request that they will have a copy taken before a notary before the same is deposited to be recorded particularly if it should be recorded in Bryan County as I by no means consider papers or records safe in that office. If necessary to record in Bryan I advise it also to be recorded after proven in Savannah. I also request that my executors do within a short time after my death give a copy to my wife having the same first certified after proven & observing to her that it is by my request.
Item 49th I give my two carpenter fellows Morris & John unto my beloved wife for and during her natural life at her death or within a reasonable time after I give Morris & John unto my God Daughter Hester Sarah Maxwell to her her heirs & assigns forever but in case of the death of the said Hester Sarah before marriage then it is my will that Morris & John shall go unto her sisters Mary C. Footman Susan Demere and the children of Jane Pelot to them their heirs & assigns for ever but the children of Jane only to receive one third part & that third to be divided between any children she now has or may hereafter have but be it understood that these two fellows are left to Hetty under the same restrictions in case of her marriage without the approbation of her Uncle John J. Maxwell if he be living as those are in the 44 Item of this my will but with this difference both Morris & John shall go to her sisters & children of Jane in case of her marriage as mentioned in 44 Item be it understood it embraces [sic] both, instead of one half as mentioned in said 44 Item say both Morris & John.
Item 50th Whereas I have given a part of the proceeds of the sale of one of my lots directed to be sold in the 45 Item of this will to the Seamans Hospital be it understood that I have discovered that it should read the Savannah Poor House and Hospital Society it being intended by me to go to this society, thus much to obviate doubts in case any difficulty should occur from my having said Seamans Hospital.
Item 51th [sic] Whereas I hold ten bonds given by John J. Maxwell payable by ten installments the first on 10th January next & the others 10th January in each year after It is my will and I direct that the bonds payable 10th January 1820-1821 & 1822 say the three first shall be applied in aid of the payment of my just debts if any and in payment of the Legacies by me left. It is my request that my executors do also apply all funds which I may possess at my decease as also dividends on all my bank stock except that part of dividends which I have directed to go immediately to some of my Legatees and also to apply all monies due to me as soon as collected as also all rents and crops of rice & cotton first to pay any debts, and then Legacies any heretofore left, or which I may hereafter leave to be paid. It Is my will and I do direct that my executors do pay up the one half of all the cash Legacies by me left to my relations out of the first funds they can command from my Estate, except those I may have directed to be paid immediately and after they have paid the one half to my relations, then after it is my will that they do pay up in equal proportions agreeable to sums left to all my other legatees and be it understood that it is my will and intention that after they have paid the one half to my relations that they will continue to pay them the other half in equal proportions with my other Legatees, my object and intention is to place them on the same footing with my other Legatees after payment of the one half to my said relations. It is my will and request that my executors do pay all my debts & Legacies as soon as possible after my death but be it explicitly and plainly understood that no interest whatever to be allowed on any Legacy by Page 11th by me left to any one of my Legatees as in all probability the resources & funds of my estate will be equal to payment of my debts and legacies before the three bonds mentioned of John J. Maxwell may fall due and be collected. In case all debts & legacies can be paid before the three aforesaid bonds can be collected than and in that case whatever balance may remain to be collected on the three aforesaid bonds principal & interest it is my will that the same shall be equally divided as collected between the following persons share & share alike to my executors in trust for the use & benefit of my Aunt Turpin my Uncles present wife it is my intention to keep it from being subject to my uncles debts that I have it in trust, in case of no risque [sic, risk] my executors will pay it over to my aunt, my God daughter Mary Jane Pray Hines wife of Lewis Hines, the children of Thomas Mann by his present wife as also Ann & Jane, now in New Providence any part which the children of Harriet [or Harriott] Mann, Thomas Manns wife may be intitled [sic] to, is to be ascertained by the number she may have at the time those bonds are collected and my executors are ready to pay over, in case all is not applied on my debts & legacies and if Harriet hath any child after the payment then such child to receive such proportion as the other children out of the part paid to such as she before had, or has at the time the same is paid. My executors will be governed in the distribution by the number of children Harriot has on the day they are ready to make a distribution in case of any surplus being left in said bonds. The said childrens part to be paid to their legal representative so that it is not their father (I omitted the word Mann after the words Ann & Jane above) and to Richard K. Heath in trust for the benefit of Jane Heath wife of James P. Heath & such children as she may have at the time this surplus may be collected in case of their being any.
Item 52nd The bonds of John J. Maxwell which I now hold one payable 10th January eighteen hundred & twenty then for four thousand two hundred & twelve dollars and one payable the tenth January eighteen hundred & twenty four for three thousand nine hundred & ninety six dollars. I give the same to the children of my Uncle Benjamin Turpin by his present wife. It is my request that my executors will hold the two above bonds untill due and when collected to pay the principal & interest, if any interest to them shall share alike unto the aforesaid children to them their heirs and assigns for ever.
Item 53 The bond of John J. Maxwell which I now hold payable the tenth January eighteen hundred & twenty five for three thousand seven hundred & eight dollars I give the same to my cousin Eliza Gray to her her heirs and assigns for ever. It is my request that my executors do collect the aforesaid bond principal & interest if any interest & pay the same over to Eliza.
Item 54th The bond of John J. Maxwell which I now hold payable 10th January 1826 for three thousand five [hundred] sixty four dollars. It is my will that my executors do pay the same principal & interest if any interest as follows when collected fifteen hundred dollars to the children of Luke Mann by his present wife including any she may hereafter have by her present husband to them their heirs and assigns for ever. Fifteen hundred dollars part said Bond I give to the children of my uncle Turpin by his present wife share alike to them them their heirs and assigns for ever principal & interest Page 12th If any interest on the same to be paid over by my executors soon as collected. The ballance on said bond of five hundred sixty four dollars when collected I give the same to Joseph Pray Law to him his heirs and assigns for ever.
Item 55th The bond of John J. Maxwell which I now hold payable 10th January 1827 for three thousand three hundred & forty eight dollars. I give the sum of eight hundred forty eight dollars part [of] said bond as collected & interest if any to my executors in trust for the benefit of Elizabeth Mell and the children if any to them their heirs and assigns for ever, the ballance of the aforesaid bond which is twenty five hundred dollars I give the same as collected principal & interest if any of the latter share & share alike unto Miss Sarah Elbert Elizabeth Bond Sarah Rice the latter daughter Thomas Rice Mary Hazard and Mary Maxwell widdow of Doctor Maxwell to them their heirs and assigns for ever (all the before persons are before named in this will).
Item 56 Whereas I hold two other bonds of the said John J. Maxwell one for three thousand one hundred thirty two dollars payable 10th January 1828, one for two thousand nine hundred & sixteen dollars payable on 10th January 1829. I give two thousand five hundred dollars in part of the two aforesaid bonds unto the son of my friend John J. Maxwell, John Pray Maxwell to him his heirs and assigns for ever which sum I do request his Father to pay out in purchase some property for him or to place on interest untill he may arrive to twenty one years, the ballance which may remain due on the aforesaid two bonds I give the same share & share alike unto the children of the said John J. Maxwell by his present wife to them their heirs and assigns for ever. Be it understood it is my intention that John Pray Maxwell is to come in for a share in the latter not withstanding the first part left to him.
Item 57th I give unto Rebecca Wheaton mother to my Aunt Turpin three hundred & fifty dollars to be paid her as soon as possible after my death in case she should not be living at my death in that case I give one hundred & fifty dollars of the above to my Aunt Turpin Mrs. Wheatons daughter if necessary this in trust to my executors for her & the ballance of two hundred dollars in case of Rebecca Wheat[on] be not living to go to the children of my said Aunt Turpin them their heirs and assigns for ever.
Item 58th In case my Uncle Benjamin Turpin be living at my death my executors are particularly requested as he will be old & need to remit to him immediately after my decease three hundred dollars and as soon as they can ascertain what way they can place a further sum of one thousand dollars more for his benefit they are requested so to do and in case they cannot arrange the same advantagiously [sic] for him to the north they are authorised to do it here my object being to aid in supporting him and preventing the same from becoming subject to his debts this I do authorise my executors to guard against as fully as I myself could do if living as I prefer trusting this legacy rather than it shall be subject to his debts and so I wish it to be construed.
Item 59th I give unto Mary Jane Pray Hines my Goddaughter to her her heirs and assigns for ever five hundred dollars this to be paid to her as soon as possible after my decease immediately if it can be. Page 13th
Item 60th I give unto the children of Harriot Mann wife of Thomas Mann share alike them their heirs and assigns for ever five hundred dollars one half I request paid immediately if possible but be applyed [sic] by my executors for their immediate benefit to be kept out [of] their fathers hands at all events.
Item 61th [sic] In the room of Dower I give unto my beloved wife Ann Pray to her her heirs and assigns for ever the following negros & future issue & increase Murria her children Hannah Cortia her child Jack, Lydia her children Cesar [alt: Casear, Ceasar] Maria Bynah [alt: Binah] Isaac Abram the two latter Maria & Bynah children, Big Davy husband to Maria, Paul his wife Juda [or Judah] her children Natt Thomas Antony & Hester, new negro George Love Hanable [alt: Hannibal?] Antony his wife Cydnia, new negro Billy, Bess her son Davy, Old Flora her son Abram Boy Bylinda [or Bylundar] her children George & Cesar, Egypt his wife Fany [or Fanny], Sappo, Cesars children Rose & Maria, Luke his wife Molly her son Peter March husband to Bynah, Carpenter Tom, Tony his wife Daphny her children Flora Lizett Jack Sally & Sharlot, old Jim his wife Pegy her children Morris Lucretia & Jim Cretias children Job & Louisa, Bob son to Cloe & husband to Clarasa [or Clarissa], Clarasa her children Junus & John, Fillida her children Doll Jim Tony July & Ginnell, Harry his wife Rachel her children Betty Sharlot Andrew Matty & Molly, Plenty his brother Sam Juda their sister her children Hager Marry George & John, Sally daughter to old Satira now one of our house servants and girl Bylinder sister, Lucy the latter now up the Country. Memorandum Bylindar the last negro above mentioned to my wife is up the County on my Wilkes Plantation at this time & Lucy her sister wife Daniel is at Harewood, this for explanation having mentioned above that Lucy was up the Country by the word latter. I also give unto my wife Ann Pray to her her heirs and assigns for ever all those my two Lots in the City of Savannah known by the numbers six & seven, 6 & 7, fronting one way on Johnstons Square and adjoining the dwelling house of Matthew McAllister both of which I purchased from Colonel Joseph Habersham & have his titles as also the Marshals titles for the same it having been necessary to have the same sold to give a clear title refference [sic] to record as will more fully appear with all buildings thereon or which may be hereafter put on this property is insured by the Phenix Company John Bolton agent as also my house I now live in my executors will continue the insurance so long as my Estate remain[s] together and after they will advise my wife to continue it and attend to it for her in case of accidence by fire at any time before or after my executors pay my debts & legacies it is my will that my wife receive the amount of insurance to aid in rebuilding and in case of accident by fire on Lots 6 & 7 before my debts & legacies are paid it is my will in such case that my executors hold all my estate together untill [sic] they can add ten thousand dollars to what may be received on insurance and they are requested to put on fireproof buildings on said lots to both these amounts and if those sums are insufficient they are authorised to raise any ballance for erecting proper buildings on the credit of my wife, this ballance [sic] if any required be it understood is to come out [of] my wifes portion of my estate left her in case of such accidence if necessary in order not to delay rebuilding my executors will resort to a loan from the Bank or Banks, whereas there is not doubt but there must be a considerable surplus fund of my estate by debts due or crop on hand or near made after my executors have paid all my debts & legacies which my wife will come in for. If my executors discover that by such surplus that the same will not be equal to ten thousand dollars in that case it is my will that they do continue all my estate together untill [sic] they can make up ten thousand dollars and it is my request that they will as soon as possible after raising the aforesaid fund proceed to put up fire proof buildings on the aforesaid lots Page 14th Lots say from the brick store now occupied by Charles Kelsey & Co to join on the house of Mathew McAllister filling all that front by either putting on two or three story buildings. Any amount required over ten thousand dollars my executors are authorised to raise from my wife’s portion in my Estate by Loan. I am desirous that they do build for her in case I do not do so myself previous to my death. And I do also give to my wife Ann to her her heirs and assigns for ever all the ballance [sic] of my Bank Stocks not heretofore given which is one hundred shares in the Planters Bank of the State of Georgia. Forty one shares in the State Bank of the state of Georgia and fifty shares in the Bank of the United States Bank and I do also give to my wife Ann Pray to her her heirs and assigns for ever all my household furniture all my stock all my horses carriage and all the residue of my Estate both real & personal which I now possess or may hereafter possess unless I hereafter make some difference by a codicil to this will, all monies notes crop etc which may be in my Estate after my executors have paid my debts & legacies I also give to her her heirs and assigns for ever except the bonds I now hold of John J. Maxwells say ten of them they are to be applied as heretofore directed and so long as it may be necessary to continue all my Estate together it is my will that my wife have the full use and enjoyment of all my property for her support out of my Estate generally so long as it may be necessary to keep all together to accomplish my will & directions, but no longer than my executors surrender to her control all that share left her which I trust is sufficient or I should go further.
Item 62nd It is my will that my executors do pay one half of the cash part of the Legacies left by me to the following Legatees within sixty days after my death if they have funds if not as soon after as possible viz. Sarah Rice Mary Hazard, to Jane & Ann Mann & Mary Sleigh sister to my wife to payable to them cash Legacy immediately and to Sarah Elbert two hundred & fifty dollars in part. I apprehend these may be ready my object is to relieve them as no doubt my estate resources will always be equal to my requests. My aunt Turpin may also be placed on the same footing cash Legacy left her being small.
Item 63 It is my will that my executors do pay to Elizabeth Mell niece to my wife two hundred & fifty dollars within sixty days after my death but no interest to be allow[ed] on any [of] the Legacies I have left if they cannot be paid conveniently at the periods I have mentioned but to be paid as soon as possible all of them.
Item 64th In case any of my bank stock should remain unpaid for at my death my executors are requested to pay up any ballance which may be called for in case of any call during the time the whole [of] my estate may be kept & continued together which payment shall be for the benefit of all those to whom I have left my stocks to but in case of a call for payment after my debts & Legacies are paid my estate must not pay it as on a settlement my executors will transfer the stock to those to whom I have given it. If all is not paid up before a separation of my estate it is my request that my executors will at any time after a call for it aid my wife Page 16th in making arrangements out of her own funds for any such payment. I make this request as I leave to her one hundred shares Planters Bank Stock on which twenty dollars per share is at this time due and in all probability she will come in for more of said stock which I may hereafter purchase under the residue clause of this will, and females are often badly calculated to arrange for payments of much amount. Whereas I have by error left new negro Billy to my wife, whom I had left to Mildridge Ogden. It is my will that my wife shall continue to hold Bill for ever provided it is her wish to keep him that she do give the said Mildredge Ogden or her lawfull heirs another negro of about the same value or the value of him in cash at a moderate value to be fixed on by my executors & the same to be paid when convenient for my wife so to do without interest.
Item 65th whereas my will is lengthy and it is possible I may have committed some error or errors, I do therefore authorise and impower (as fully so as I could do myself if living) a majority of my acting executors, my wife to have a voice as executrix, to decide in all cases, in case of any dispute or contention, whatever they may determine is my intention shall be final and conclusive without allowing any resort to a Court of Justice.
Item 66th Lastly I do hereby revoke all and every will or codicil to any by me heretofore made and I do nominate and constitute and appoint my friends William B. Bulloch, William A. Dunham, John J. Maxwell, George M. Waters the two latter of Bryan County and Joseph Law, Audley Maxwell Sen’r, Joseph Jones & John Stevens the latter brother in law to Col. Law & the four latter of Liberty County Esquires executors to this my last will and testament to take care and see the same performed agreeable to the true intent and meaning. And I do also appoint my beloved wife Ann Pray Executrix to this my last will. I the said John Pray the testator to this my last will and testament have set my hand and seal the day & year first written.
[Signed] John Pray
In the presence of us who were present at the signing and sealing thereof and signed & subscribed our names as witnesses to the same }
Tho. Edward Lloyd
James Morrison Not. Public
Joab H. Prosser
State of Georgia, Chatham County } Chambers of the Court of Ordinary 27th July 1819
Present, the Honourable Moses Sheftall and Thomas N. Morel Justices of the Inferior Court of Chatham County having ordinary jurisdiction
Personally appeared James Morrison of Savannah attorney at Law a subscribing witness to the annexed and foregoing instrument of writing purporting to be the last will and testament of John Pray lately of Savannah Planter deceased who being duly sworn saith that he was present and did see the said John Pray deceased sign and seal and heard him pronounced publish and declare the same to be and contain his last will and testament, that the said John Pray was at the time of executing the same of sound and disposing mind and memory to the best of this deponents knowledge and belief, that he the deponent and Thomas E. Lloyd of Savannah attorney at law and Joab H. Prosser of the same place Grocer subscribed their names as witnesses thereto at the request of the testator in his presence and in the presence of each other.
Sworn in open Court
This 27th July 1819
James Morison
Sam M. Bond
Clk Co Ordy
27 July 1819 then appeared George M. Waters and John J. Maxwell executors named in the foregoing will and confirmed as such in the annexed codicil of John Pray deceased and qualified as such by taking the oath prescribed by law and received Letters Testamentary etc accordingly.
I John Pray do make this codicil to my last will & testament executed in presence of Ths. E. Floyd James Morison & one other not now recollected.
Now in my said Will I have directed my Lott adjoining Miss Minis and bought of the heirs of Mills to be sold. It is my will & I do direct that my executors take out of the first monies arising out of the sale of said Lot six thousand dollars & therewith pay my Debts & Legacies.
I give & bequeath unto Ann McCoy living with Mrs. Greene ten shares of Planters Bank stock.
I give & bequeath unto Mrs. Elizabeth Holms ten shares of Planters Bank stock.
I give & bequeath unto Miss Elizabeth Bond four shares of Planters Bank stocks.
I give & bequeath to my executors in my will & this Codicil named in trust for the sole & separate use of Mrs. Rebecca Knox & her children not subject to the debts or control of her present or any future husband twenty shares of State Bank Stock & a note of Thomas W. Grimes for about five thousand dollars which I now hold.
These bequests to Miss Elizabeth Bond & Mrs. Rebecca Knox & children is in addition to what is left them in my will before mentioned.
I appoint in addition to those named in my will George Anderson Senior as one of my executors & I desire that this codicil & my said will be taken together & should they militate this codicil to govern.
And I hereby confirm my before mentioned will when taken with this codicil.
In witness whereof I hereto set my hand & seal this eighteenth day of June Eighteen hundred & nineteen.
Signed Sealed and executed in our presence, who in his presence & in the presence of each other witness the same. }
John McKinnon
Arthur G. Miller [or Arthur Miller]
Henry Lyons [or Lyon]
[Probated by John McKinnon before the Chatham County Court of Ordinary on July 17, 1819.]
[End Transcript]
[Transcriber’s note: The two recorded copies of the will cited below were compared in creating the above transcription. Any discrepancies other than minor differences of spelling, punctuation and formatting have been noted in the transcription. Another copy of the will was also checked; it can be found in Pray et al. V. Belt in Baltimore County Court 1821 (https://www.google.com/books/edition/PRAY_et_al_v_BELT_et_al_26_U_S_670_1828/ZNbtS8BLfAMC : accessed 14 Aug 2024). Suit by George Gordon Belt trustee for Jas. P. Heath pro ami against John Pray’s executors.]
Chatham County, Georgia, Court of Ordinary, Probate Records, probate records for John Pray, folder 66; Ancestry.com (https://www.ancestry.com/discoveryui-content/view/705489:8635 : accessed 14 Aug 2024), “Georgia, U.S., Wills and Probate Records, 1742-1992” -> “Chatham” -> “Probate Records, Page-Putman, Folder 1-103,” images 1057-1071.
Chatham County, Georgia, Court of Ordinary, Wills, Book F (1817-1827), Will of John Pray, pages 72-95; FamilySearch.org (https://www.familysearch.org/ark:/61903/3:1:3QS7-L93G-F9F2 : accessed 14 Aug 2024), Chatham County Wills v. E-F (1807-1827), Book E, images 291-302; from Family History Library Film #005759792 of original records at the Chatham County Courthouse, Savannah, Georgia.