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Estate of Samuel Beck, 1870

Submitted by Marian Miller

Rabun County, Georgia
Court of the ordinary
Record of Wills
Book A, 1863-1888, Pg. 11


State of Georgia
Rabun County

In the name of God, Amen. I Samuel Beck, of said State and County, being advanced in life beyond the period usually allotted unto men but possessed withal of disposing mind and memory, clear, fresh and vigorous, being in excellent health, mental and physical - desirous of making a just disposition of the property, real and personal, with which kind providence has blessed me, do make, ordain and publish the following to be my last will and testament, hereby revoking all others by me hitherto made.

ITEM FIRST. I will unto my son, Berry B. Beck, the two lots of land whereon he now lives and has made improvements, being lots Nos. 28 and 29, in the 2ond District of said County, containing each two hundred sixty acres more or less hitherto; to-wit, on the 16th day of March, 1839, conveyed by two deeds to me from James Roach, said deeds now being in my possession and having been recorded in the office of the Clerk of the Superior Court of said County. Further and in addition to these two lots, I will that my said son, Berry B. Beck, do have the following land; to-wit, beginning on the dividing line between the 2ond and 3d Districts at lot number one in the Third District, running down the original line to the William Hyde Branch; thence down said Branch crossing Warwoman Creek; thence a straight line across the ridge to the Branch known as the ___________ Branch; thence up said Branch to the fork of the same; thence to the right fork of said Branch to the old original East and West line.

ITEM SECOND. I will unto my son, Samuel M. Beck, such parts of the same, being the whole of the remaining portion of the two lots last named in Item First of this will as is not described in said item, the part thus willed to the said Samuel M. embracing the saw and grist mills thereon situated, it being my aim to make up in quality what advantage my son, Berry B. Beck, has over Samuel M. in quantity.

ITEM THIRD. I will unto my son, Martin V. B. Beck, the following described lands; namely, beginning at the point about midway of the original line between the lands willed in Item Second of this testament to my son, Samuel M., and the land whereon I now reside; that is, part of Lot No. 15 in the Third District and running from said point along the Public Road in the direction of the east end of the rail road tunnel, crossing the present plantation fence a straight line to the Spring Branch that runs into the Warwoman Creek; thence down said Branch to said Warwoman Creek; then down the said creek to the point of which Tuckaleechee Creek enters Warwoman Creek; thence up Tuckaleechee to the Public Road leading to South Carolina; thence running with said Road to the original line dividing said part of Lot No. 15 in the Third District from lands belonging to the Estate of Drewry Wall, deceased, the above described land taking in the dwelling house which I now occupy, together with the barn, stables, orchard and other improvements on said lot and also the Spring out of which I now use water.

ITEM FOURTH. The share which heretofore I have designed for my daughter, Polly Wall, I hereby will unto the following children of the said Polly, namely, Lafayette Wall, Martha Bynum, Augustus Wall and the one known as Lex Wall, that is to say, Lot Number 14 in the 3d District of said County, containing 490 acres more of less hitherto conveyed by Richard Ragsdale, as attorney in fact, for David Smith to Andrew Phillips, and by said Phillips to me. Also, the lands following, to-wit, part of No. 15 in the 3d District beginning at the corner of said Nos. 14 and 15, running the line of the land willed in Item Third hereof to Martin V. Beck to Tuckaleechee Creek; thence down Tuckaleechee to the fork of that Creek and Warwoman Creek, crossing the Warwoman at the fork aforesaid to the south side of the said last named creek on to the original line dividing the lands heretofore conveyed to me by the two Sharyes; thence eastward on that line to the old original line dividing Numbers 14 and 15 aforesaid. I hereby constitute said children joint tenants of said described lands.

ITEM FIFTH. I will unto my son-in-law, William Pickett, the following described lands, to-wit, beginning at the pine corner named as the beginning corner in deed from William Sharyes to me dated 24th day of January, 1844, and the old site of which Pine corner I will hereafter point out to my Executors hereinafter named, running along the present lane which forms a part of the public Road leading towards Pickett's house from the direction of said pine corner on to the read oak corner in said deed mentioned; running thence south along the old original line between Lots No. 14 and 15 in the 3d District to the old original corner between Page's lot and said number 15; thence to the corner on the old original line between No. 15 and Samuel M.'s lots Nos. 1 and 16, described in Item Second hereof; thence running to old line between Nos. 1 and 15 to the beginning old site of said pine corner, the said lines embracing the lands known as the Williams lands and to which I hold deed as a chain of title.

ITEM SIXTH. Unto my son-in-law, Marcus Bleckley, I will the lands described in a deed to me from David Fowler dated 5th day of March 1847. The tract thereby conveyed being two hundred and sixty acres more or less.

ITEM SEVENTH. Of all my former slaves, Lucinda alone has staid with me since emancipation. She has waited on me, cooked for me and by attending to and taking care of my stock and much of my other property, has made the same much more profitable and available for my children. In consideration of the same, I do hereby will unto William Pickett, Trustee, and in trust for the minor children of the said Lucinda, being Lucinda Beck, a person of color, that is in trust for Lucinda Beck, James Beck and John Beck, who are minors, the whole of lot of land No. 18 (eighteen) in the 3d District of said County. I having been in peaceable uninterrupted occupancy of the whole of said lot adversly against the world for more than thirty years, two hundred acres of said lot having been conveyed to me by deed from Hyram Roach dated 10 day of August, 1836, there being about forty acres of bottom land of said lot in cultivation.

To the said William Pickett, as Trustee, and in trust as aforesaid, also do will three cows and calves, one cow and calf for each of said children, to be as good a cow and calf as shall be found among my stock at the time of my death. Also, for each of said children, a good sow and pigs and for the whole of said children, my mare Flora, together with her colt and all the increase of said mare and colt after this date.

(And, I do solemnly charge and enjoin upon the said Trustee that he execute the trust hereby created faithfully and to the letter, reposing as I do implicit confidence in his integrity as a man).

ITEM EIGHT. Unto my son, John Beck, I will the parcel of land described in a deed to me from William Sharyes dated the 10th of March, 1840, the same being part of Lot No. 24 in the 2ond District of said County, containing 150 acres (one hundred fifty acres) more or less, and lying on the Rail Road.

ITEM NINTH. I will unto my son, Samuel M. Beck, as Trustee, and in trust for his son, Samuel Beck, a minor; to Berry B. Beck, as Trustee, and in trust for his son, Samuel, a minor; and to Marcus Bleckley, as Trustee, and in trust for his son, Samuel, all as joint owners, the following described land, to-wit, beginning at the Wagon Road at the fork where one road leads to South Carolina and the other to the tunnel, running on Martin V. Beck's land as described in this will to the fork of Tuckaleechee and Warwoman Creeks; thence crossing Warwoman to the South side and running on the line of lands given by this Will to the children of Polly Wall to the read oak corner established as a corner heretofore by the two Sharyes, which corner I will point out to my Executor hereinafter named: thence the old original line between Lots Nos. 14 and 15 in the 3d District aforesaid to the red oak mentioned in the item covering land herein devised to William Pickett; thence down Pickett's line to the Store; thence West to the Branch near its fork near Pickett's house, in a way as to leave out for Pickett and on his side the house in which he now dwells, also his milk house, corn crib, shelters and washing place; thence down said Branch to Warwoman, crossing it and taking the lane to the Pine corner, which is named in this will as the beginning corner of Pickett's line, it being my intention to change Pickett's line above indicated, as to give him the dwelling, other houses and shelters and washing place above named. The land hereby described being about sixty acres of bottom land in No. 15 of 3d District.

ITEM TENTH. All of my town lots in the town of Clayton in said County, I will shall be sold by my Executors hereinafter named straight away after my death under the laws regulating Executors sales for cash at public outcry. The proceeds of said sales to be divided equally as follows: one part to Berry B. Beck; one part to Samuel M. Beck; one part to Martin V. Beck; one part to William Pickett; one part to Marcus Bleckley; and one part to the four children of Polly Wall named in Item Fourth of this Will.

ITEM ELEVEN. The one-third interest in Lot Number Three in the Third District of said County, which lot was purchased at sale of Langston's property by Jasper, Samuel and Martin, my sons, and Jasper's interest of one-third as aforesaid in which at his request was paid for by and title thereto taken to myself, the deed now being in possession of my said son, Martin - I will shall be held by my Executors until such time as they may determine shall be most advisable to sell the same. They then shall sell the said one-third interest under the laws regulating sales by Executors and divide the proceeds of said sale as indicated in Tenth item above.

ITEM TWELFTH. All of my personal property except money, I will that my said Executors shall sell as soon after my death as shall be practical under the law, excepting the personally hereinbefore already disposed of. They then shall divide the proceeds of such sale equally among the parties to whom the proceeds of sales of town lots are left by item Tenth hereof.

ITEM THIRTEENTH. All coin and money of every description which I may die possessed of my said Executors hereinafter named are instructed equally and immediately to divide among the persons to whom the proceeds of the sales of town lots are left in Item Tenth hereof. Those of my children not provided for equally with others hereby are not so provided for because I already have advanced to them property which they have enjoyed or now are enjoying.

ITEM FOURTEENTH. I hereby appoint and constitute my son, Berry B. Beck, and my son-in-law, William Pickett, my true and lawful Executors and charge them with the faithful execution of this my last will and testament. Thus having disposed of my earthly treasures, I close in hope of a better and more enduring substance in heven.

In testimony whereof, I hereunto namely to the foregoing seven pages have set my hand and affix my seal on this the twenty-sixth day of October in the year One Thousand Eight hundred and Seventy.

Signed:  Samuel Beck                    Samuel  X  Beck

The foregoing instrument on the day and year above written was read over to the testator, Samuel Beck, in our presence and by him approved and adopted as his last will and testament and as such signed by him in our presence. We also subscribed our names as witnesses to said will in the presence of said testator at his request and in the presence of each other. We thus being fully satisfied of the said Samuel Beck's testamentary capacity. The name of Samuel Beck, his mark above striken out before signing, and testator signed by writing his name.

A. G. Dillard
John H. Smith
Garnett McMillan

State of Georgia
Rabun County

In open Court of Ordinary for said County personally came Berry B. Beck, William Pickett, the nominated Executors of Samuel Beck of said County, deceased, and also two of the subscribing witnesses to said Will, to-wit, Albert G. Dillard, and John W. Smith, who being duly sworn depose and say that they saw Samuel Beck sign, seal, publish and declare this writing as his Last Will and Testament, that at the time thereof, he was of sound and disposing mind and memory so far as they know or believe and did the same voluntarily and free without compulsion, and that they signed the same as witnesses with Garnett McMillian, who is now dead, in the presence of said Samuel Beck and in the presence of each other.

Sworn to and subscribed before me this July 6 day, 1876.

A. G. Dillard
John R. Smith

J. M. Green, Ordinary

Wills and Estate Records, Rabun Co., GA

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