Georgia
Elbert County
In
the name of God Amen:
I, John McMullan, Senior of the State and County aforesaid being
very weak of body but of perfect mind and memory, and calling
to mind the mortality of body and knowing that it is appointed
for all men once to die do make this my last will and Testament,
that is to say principally and first of all I give and recommend
my Soul into the hands of Almighty God, who gave it and my body
I recommend to the earth to be buried in decent Christian Burial
at the discretion of my Executors and as touch such Worldly Estate
as it hath pleased God to bless me with in the World, I give and
dispose of the same in the following manner and for (to wit);
First,
My Will and desire is that All my just and lawful debts be first
paid out of my Estate.
Item
2nd, I give and bequeath to Elizabeth McMullan, Alias Elizabeth
Stowers, whom I deem my loving Wife, One Hundred acres of land
in the County aforesaid including the house and plantation on
which I now reside together with all my household and kitchen
furniture and plantation tools with all my stock of horses, cattle
and hogs and a negro fellow named Cato, a negro woman slave named
Sarah, a negro woman named Mily to be by her, held and enjoyed
during her Natural life or Widowhood ----
Item
3rd. I give and bequeath to my beloved sons, James my eldest son,
Patrick my Second Son, John my third son and to my daughters Mary,
now Mary Powell, and Katherine, now Katherine Shifflett, the sum
of One Dollar to Each as their full share of my Estate having
before this time given them all that I intended or conveniently
could spare as their part except the sum of One Dollar to Each
as above mentioned and to the bequeathed.
Item
4th. I give and bequeath to my first son by Elizabeth McMullan
(Alias Elizabeth Stowers) Nail ninety eight acres and a half of
land more or less being the Tract on which he the said Nail now
resides and which I have previously made to him a deed for the
same and do hereby confirm the same to him, should the same be
defective or want confirmation.
Item
5th. I give and bequeath to my second son as above mentioned Jeremiah,
ninety eight and a half acres of land more or less being the Tract
on which he resides and which I have previously deeded to him
and hereby confirm and give to him should the said deed be defective
or want confirmation.
Item
6th. I give to my third son as above, Lewis seventy acres of land
more or less, the tract on which he now resides and for which
he holds my deed which I have hereby confirm to him should the
same be defective or want confirmation.
Item
7. I give and bequeath to my fourth son as above, Thomas two hundred
acres of land more or less in Elbert County and hereby confirm
the same to him his heirs and assigns being the tract on which
he now resides.
Item
8. I give and bequeath to my fifth son Fielding as above mentioned
the sum of three hundred dollars to be raised by my Executors
out of my Personal Estate whether heretofore Bequeathed or not
bequeathed and paid to him within the term of two years after
my decease.
Item
9. I give and bequeath to my sixth son as above Sinclair, and
his heirs one hundred acres of land, part of the tract on which
I reside joining Benjamin Nail and John Dobbs.
Item
10. I give and bequeath to my seventh son as above Daniel, and
his heirs the tract of land before bequeathed to my wife Elizabeth
McMullan Alias Elizabeth Stowers, after the termination of her
Estate in the same.
Item
11. I give and bequeath to my daughter Nancy, now Nancy Mills
and her heirs one negro girl named Dicy and her increase.
Item
12. I give to my daughter Elizabeth one boy named Edmond to her
and her heirs forever.
Item
13. I give to my Daughter Levinia one negro woman named Milly
to her and her heirs to be by her possessed after the Estate which
I have hereby before bested in my wife Elizabeth McMullan, Alias
Elizabeth Stowers, is terminated and the increase of the said
Negro Woman if any, before the commencement of my said daughter
Levinia's estate therein and after my decease. I give to be Equally
divided between my three last mentioned daughters to them and
their heirs.
Item
14. My will and desire is that all the property Bequeathed to
my wife Elizabeth McMullan, Alias Elizabeth Stowers after the
Termination of her estate therein be sold and the proceeds of
said sale be equally divided among my Seven last mentioned Sons
to wit: Nail, Jeremiah, Lewis, Thomas, Fielding, Sinclair, Daniel
share and share alike and I hereby constitute appoint my son Nail
McMullan and my son in law James Mills, Executors of this my last
will and Testament.
Signed,
sealed and published this sixth day of December, 1817.
John McMullan
In
presence of
Benj. Neal
David Dobbs
John Dobbs
Georgia, Elbert County.
Of Ordinary January Term 1818
Personally
appeared in Open Court John Dobbs and David Dobbs, two of the
subscribing witnesses to the above written instrument and after
being duly sworn saith that they saw John McMullan sign the above
instrument writing as his Last Will and Testament and that they
subscribed the same as witnesses in his presence and that they
saw Benjamin Neal, the other witness, thereto sign the same as
a witness in his presence and that the said John McMullan was
then of sound and disposing mind. Sworn to and subscribed the
6th day of January, 1818
John
Dobbs
David Dobbs
