They Had Names

African Americans in Early Records of Liberty County, Georgia

Colonial Will – John Martin

Parish: St. John
Enslaved Persons Mentioned: Boson, Glasgow, Abram, July, Andrew, Nanny, Dye Mariah, Jenny, Mary, Little Dye, Billy
Slaveholder: Martin, John
Date: 1772-02-01

[NOTE: This will was torn in half, and appeared to be put back together backward at the Georgia Archives link. The parts have been re-ordered here as seems to make sense. See the link to the original at the Georgia Archives for their order, which has been marked by [Part #] below.]

[Begin transcription]
[Part 1]
In the Name of God amen I John Martin of the Parish of Saint John in the province of Georgia being of Sound and Perfect Mind and Memory thanks be to God, and Calling to mind the Mortality of Body that it is appointed for all men once to die do hereby Make my Last Will and Testament Revoking and disannuling [sic] all other Wills by me heretofore made.

Inprimus: I Bequeath my Soul to God that gave it in hopes of his acceptance of the same through the Merits of his Son Jesus Christ my only Savior Redeemor [sic] and my Body to the Earth to be Buried in a Decent Christain [sic] Manner at the Discretion of my loving wife and my Executors herein after Named, as to my Worldly Estate which it hath Pleased God to Endow me with in this Life I Will and Dispose of the name in Manner and Form following Viz.

Item My Will is that all my Just Debts and funeral Charges may be first paid by my Executors, and that my Said Executors do Sell my Lands South of Alatamaha [archaic spelling of Altamaha] River containing nine hundred acres, adjoining Land of Thomas Hutchinson and Daniel Blake Esqrs [Esquires], and Lands of Gideon…

[Part 4]

…Dowse and John Stacey [alt: Stacy] to the Best advantate [sic] and the Money arising from such Sale to go towards the payment of my Just Debts and Funeral Charges and whatever sum may afterwards remain unpaid of the said Debts and Charges my will is that such sum may be paid out of that part of my Moveable Estate herein bequeathed to my son James Donnom Martin and I do hereby give my said Executors full power and authority to make good and sufficient Titles of the said Lands to the purchaser or purchasers of it.

I Give and Devise unto my Nephew James Martin Gibbons Son of Sarah Gibbons my other Tract of Land on the South of Alatamaha [sic] River containing two hundred acres joining Lands of Gideon Dowse Michael Stutze to him the said James Martin Gibbons Son of Sarah Gibbons and his Heirs forever.

I Give and Devise unto my Loving Son James Donnom Martin all my Lands in Saint Johns Parish on a Swamp commonly known by the Name of the Boyn Swamp containing in the whole about fifteen Hundred acres to him the said James Donnom Martin and his Heirs forever subject Nevertheless to the following Restrictions and Encumberances [sic] that is to say that my Wife Elizabeth Martin shall have the use of all the Cleared Land as well to plant and for pasturage on a Certain Tract of two hundred and fifty acres which I bought from Andrew Way and is the Lower end of my Lands on the Boyn Swamp and the said Tract of Land Joins Land of Gideon Dowse also the Liberty of Cutting as much Timber as will be Sufficient for Rails and Building on the said Tract if she chuses [sic] to Build, also Timber for fire wood during the Time she Remains my widow.

[Part 3]
I Give and Bequeath unto my Loving Wife the said Elizabeth Martin Eleven Negroes which Negroes was given to me by her [hard to read: probably father] James Donnom that is to say Boson Glasgow Abram July Andrew Nanny Dye Mariah Jenny Mary and Little Dye also a Negroe Fellow named Billy my Riding Chair and Two Horses such as she shall chuse [sic] out of what Horses shall be Left by me to be Delivered to her as soon as possible after my Decease, but within Six Months afterwards at farthest the said Legacy to be Clear of all Encumberances [sic] whatsoever to her the said Elizabeh Martin and her Heirs forever.

I Give and Bequeath unto my said Son James Donnom Martin all the Remainder of my Moveable Estate to him the said James Donnom Martin and his heirs forever, and my Will is that his slaves shall be employed in the planting busness [sic] and the Money arising from such employments Exclusive of his Education and other Necessary Expenses for him my Will is that the same may be laid out in the purchase of Likely [will torn in half here; last 1-2 words on this line missing]

[Part 2]
for the improvement of his Interest untill [sic] he arrives at the age of Twenty one Years but in case of the death of my said son, James Donnom Martin before he arrives at the age of Twenty one Years and without Lawful Issue then and in such case my will is that the Lands so willed to my said son, I give and demise in manner and form following that is to say.

I give and Devise unto my Nephew John Gibbons Son of Hannah Gibbons two hundred acres of Land which was originally granted to Thomas Way and is at the upper end of my Lands on the Boyn Swamp which Said Tract of Land I purchased from William McLaughlin of South Carolina to him the said John Gibbons Son of Hannah Gibbons and his heirs for ever and the Remainder of my Lands on the said Swamp which will be about thirteen hundred acres in case of the Death of my said son as aforesaid I give and Devise unto my Nephew James Martin Gibbons Son of Sarah Gibbons and his heirs for ever Subject Nevertheless to the above Restrictions & encumberances [sic, encumbrances] of my said wife Elizabeth Martin.

As to that part of my Moveable Estate Willed to my said son James Donnom Martin in Case of his Death as aforesaid my Will is that it may be Divided into three Equal parts one part of which I give and Bequeath to my said Wife Elizabeth Martin and her heirs and the other two parts I give and Bequeath unto my Nephew James Martin Gibbons Son of Sarah Gibbons and his heirs for ever But in Case of the Death of my said Nephew James Martin Gibbons Before he arrives to the age of Twenty one years and without Lawfull [sic] Issue then and in such Case My Will is that the Lands willed him and what Lands may come to him by the Death of my said Son James Donnom Martin I Give and Devise unto my two Nephews Joseph and Barach [or Barack] Gibbons Sons of Sarah Gibbons to be Equally Divided

[Part 5]

Between them to them the said Joseph and Barack Gibbons and their heirs forever, and that part of my Moveable Estate which he may fall heir to by the death of said Son James Donnom Martin as aforesaid; if his Death should Happen as above Mentioned I Give and Bequeath to Rebecca Martin Gibbons Daughter of Sarah Gibbons to her and her Heirs forever.

Lastly I Constitute and appoint my Father in Law James Donnom Esqr [Esquire] of South Carolina my two Nephews Joseph and William Gibbons Sons of Hannah Gibbons and my Trusty Freinds [sic] William Graves Senr [Senior] John Stuart [alt: Stewart] Thomas Quarterman and Thomas Bacon Son of Marsey Bacon Executors and Guardians of this my Last Will and Testament.

Ratifying Confirming and allowing this and no other to be my last Will and Testament Contained in Three Sheets of Paper in Testamony [sic] whereof I have Signed my hand to the first two sheets and my hand and seal to the Third and Last Sheet this First Day of February in the year of our Lord one Thousand and Seven hundred and Seventy Two.

John Martin

Signed Sealed and acknowledged by the Testator as his Last Will and Testament in the presence of us who in his presence and in the presence of each other have as evidences [sic] Signed our Names the above Day and Year.

John Portrees
Thomas Cater
John Davis

Georgia
Secretary’s Office
A true copy taken from the original in this office the 31st Day of December 1772.
[End transcription]

Source: “Wills, Colony of Georgia, RG 49-1-2, Georgia Archives”, Colonial Estate Records, held by Georgia Archives Virtual Vault; accessed online at: https://vault.georgiaarchives.org/digital/collection/cw/id/455/rec/162.