Enslaved People Named: None
Testator: Thomas F. Bacon
Executors: Samuel S. Law, Col. Joseph Law, Thomas Bacon
Date Signed: 1823-03-18
Transcriber’s Note: This will was found as Exhibit A in a lawsuit by Ann S. Harris, daughter of Thomas F. Bacon, against her brother John B. Bacon. No enslaved people were named or mentioned in the will but subsequent estate inventories and the lawsuit make clear that he did own them.
[Begin Transcript]
State of Georgia }
Liberty County } Knowing that man’s doom is to die, and the soul must go [to] the place
for which it is prepared, I therefore, being sound in mind and memory, make this my
last will and testament. I therefore give my body to the dust, from which it originated,
desiring it to be only decently buried. The soul looks and expects better enjoyments than this
world can afford to it. It looks for a reception in Heaven, where my God and my Sa-
viour dwell, there to be forever with the Lord, there to sing his praises through the countless
ages of eternity.
Item 1. My first wish, as it respects my property, is that all my just debts be paid, and
that my property be not divided until they are paid, and have in hand, in money, two
thousand dollars; which said two thousand dollars are to be my two daughters’ dividend
for their part of my landed estate. When the estate can pay two thousand dollars; that
is, one thousand to my daughter Ann S.and one thousand dollars to my daughter Jane,
then, and not till then, can my estate be divided; that is, neither personal or landed.
- But when my executors can pay to my daughters their divisions for their part of land,
then I wish my personal property equally divided among my children, share & share alike. - My land I leave to be divided as follows First, to my son Thomas, one half of my Yellow
Bluff-Tract, after adding a part of my Middle Tract, as it is called, which I have noted on the
plat that Hendry has drawn of a resurvey of my land, which note says, “Corner;” says, “Stake per pine;” where I have drawn a line across, & says,”To this pine;” which is a line [word]
on the line between Capt. W. Maxwell & myself; which said part is to be added to
Yellow Bluff; leaving my son Thomas to have the part which joins Mr. Audly Maxwell,
dividing it by a line from the Bluff, running across the Tiger Thicket. - I leave to my son Jonathan F. the other part of the Yellow Bluff, which joins Mr.
James Baker’s land, which is to be one half of the whole, after the addition is made
of the part of the Middle tract. But in case of either dying, leaving no issue or children,
then the Survivor shall have the whole Tract, but he shall pay to the heirs the sum
of fifteen hundred dollars in three instalments, & that without interest. - I leave to my son Philip my Home Tract, as it is called, scituated on North Newport river,
together with the balance of my Middle Tract, as his part of my land: but in case he should die
without issue, the surviving brother or brothers to heir his portion of land at the value of fifteen
hundred dollars; say, pay to the heirs fifteen hundred dollars, in three instalments, & that with-
out interest. - I wish my son Philip to have a collegiate education; and o obtain this, I wish him sent to
the Columbian College, to be placed there under the sole directions of one of the principal teachers
of that institution, to be kept there until he has received his education, then to be suffered to
Choose a profession & pursue its studies, until he is fit for to go into the business of his profession.
It is my wish that he be kept from spending money foolishly, as has too often been the case with
Our Southern lads, and that inquiry be made of the funds necessary for a youth to carry him
through the year, and that be given, together with decent clothing. - I wish my son Thomas to serve as manager on the plantation as long as he will do the duty
of an overseer; but if it should turn out that he does neglect that duty, & his services are unprof-
itable to the estate, there must be a man got that will attend to business, & the estate not to suffer
for any neglect; and for his well performing his duty in every thing he is to receive the sum of
three hundred dollars per year. - It is my desire, that my executors allow of no extravagance in any of the heirs, whatever, of my estate.
Let economy be enjoined, and decency observed. - It is my wish that my son Jonathan be placed in Savannah with Mr. John P. Williamson,
factor, to be brought up in the mercantile business. - & lastly I nominate and appoint my friends Col. Joseph Law, Major Samuel S. Law, &
Thomas Bacon Esqr. of the Sand Hills, all of the State and County aforesaid, my executors
to this my last will & testament, but in case either of them should die before my estate is
divided, then, in such case, the heirs shall make choice of one of my sons, who shall act with them.
In witness whereof I have hereunto set my hand & seal this 18 day of March in the year
of our Lord one thousand eight hundred and twenty three.
Signed and sealed in presence of }
State of Georgia }
Liberty County } Joseph Jones and Uriah Wilcox, being duly sworn, before me say, that they believe
the foregoing instrument to be in the proper hand writing of Thomas F. Bacon deceased.
Sworn to before me this 1st December 1823 }
J.S. BradwellJ.I.C. }
Thos. Mallard J.I.C. }
Saml Harville J.I.C. }
[End Transcript]
Source: Superior Court Record Book (1833-1840), Vol. 4, Liberty County, Georgia, page 47-48 database with images, “Liberty County Superior Court Proceedings, 1833-1842,” part 1 of 2 in “Liberty County Superior Court Proceedings 1833-1855,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3H3-QLP9 : accessed 19 June 2024), Family History Library Film 008628085, image 30-31 of 658.