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Last Will and Testament
of
John Talbot

Registers office
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In the name of God Amen.  this twenty fifth day of August one thousand seven hundred and Ninety Eight - I, John Talbot, of the County of Wilkes and State of Georgia,  being in  a low state of health but of sound memory and calling to mind the uncertainty of this life and being desirous of setling my worldly affairs before I go hence and be no more -  I do ordain this my last will and testament in manner and form following,  that is to say first and principally,  I recommend my Soul into the hands of the God that gave it and my Body to be buried at the discretion of my Executors hereafter to be named - And touching such worldly goods and Estate as it hath pleased God to give me in this life - I give and bequeath in the following manner -(to wit)-

Impris -  I give and bequeath unto my loving wife,  Phebe Talbot,  and to her heirs and assigns forever,  the following Negroes (to wit) Perro and his wife Anne,  Isaac and his wife Molly,  Abraham, Jack,  Lucky,  Jude,  Nancy and her three children Patrick Venus & Elijah, Lue,  Elleck and & his wife Molly and their daughter Philis & their son George,  Milly, Satyis(?), Dick, Billy, James, Stephny, Young Molly and Judy,  Isaac & Molleys children,  Lucy daughter of Lucky, Will son of Elleck & Molly Esicks Christopher and Hannah Ames Children and the increase of the said females.  I also give unto my wife eight feather beds and furniture, one half of my stock of cattle and as many of my stock of hogs as she thinks fair(?) to take, one half of my stock of sheep, six horses or mares the choice of any I have at my death also all my household and kitchen furniture.  I also give unto my said wife all my plantation tools and waggon and blacksmith tools, also all my crop of corn and small grain, also one hundred gallons of whisky.  I also give unto my said wife twenty five pounds Sterling in the hands of James Murray of Liverpool should he owe me that sum at the time of my death. I also give unto my said wife my three stills and all my stilling utensial(?).  I also lend unto my said wife the use of [the use of] the Plantation where I now live during her natural life joining Thomas Talbots lot of land including Pollards Tract in lieu of her dower and after her death I give and bequeath the said land unto my son Matthew Talbot and his heirs and assigns forever on his paying into my Estate the sum of six hundred pounds dollars at four Shillings Eight pence within the term of two years from the death of his mother to be equally divided between my five children (to wit) Phebe Creswell, Thomas Talbot, Mary Triplett and Elizabeth Walker and theirs heirs except Phebe Creswell as will hereafter be expressed in trust for her and should my said son Matthew Talbot refuse to take the land at the price affixed it then shall be sold and the money arising therefrom shall be equally divided between my five children or their representatives reserving in trust my daughter Phebe Creswell's part.

Impris - I give and bequeath unto my daughter Phebe Creswell and to her heirs and assigns forever the following Negroes (to wit) Nelly Teller Sam and Edward and Hannah which is now in her and the increase of the women.  I also give unto my said daughter Four hundred and forty acres - land where she is now settled and three hundred acres adjoining that I purchased of William Huckaby to her and her heirs and assigns forever.

Impris - I leave in trust in the hands of Thomas and Matthew Talbot my sons for the only use and advantage of my said daughter Phebe Creswell for the support and maintenance of her and her children the labour of the five following Negroes during her natural life (to wit) Anna & Effy children of old Anne Charlotte daughter of young Anne Lucy and Peter children of Molly and the increase of the said females to be affixed in such manner for her and her childrens use and support as the said Trustees may judge best to answer this my will and intention and after the decease of my said daughter I give and bequeath unto her children Mary Garlington Creswell, John Talbot Creswell, Phebe Creswell, Elizabeth Creswell, Zulummia Creswell the said five Negroes and their increase(or the value thereof) to be equally divided between them and what other children my said daughter may have and their representatives.  I also give my said daughter Phebe Creswell five hundred dollars cash so soon as the money can conveniently be raised from the sale of such parts of my Estate as are not devised by the Will to be reserved in trust and be paid out in Negroes for her and the Childrens use as the trustees may think best .  I also leave in trust of the said Thomas and Matthew Talbot for the use of my said daughter Phebe Creswell  and her children one fifth part of my estate after all my debts and the legacies by this will be paid and after her death my will and desire is that its descend to her[children] which she now has or may have.

Impris - I give and bequeath unto my son Thomas Talbot and to his heirs and assigns forever the following Negroes (to wit) Peter and Cate his wife Mark Peter Joe Jacob Ralph  and Cate their children now in his possession or any they may have had while he has had them  Also Sally Annes daughter and Dick (Molly and Ellickss son) and the increase of the females.  I also give unto my said son seven hundred & fifty acres of land (by estimation) where hi is now settled being land I bought of Charles Williamson and Evans Long with part I bought of Mrs Brusbey & Grigsby so as to contain most of the land lying North of the still House branch Beginning where Nicholson & my line crosses the said branch, thence up the said branch and the South fork as it meanders to the mouth of a small branch in hard labour field thence up that small branch to white Oak on the south side thence S eighty degrees west seventeen chains to (afrum ???) thence South seventeen Degrees west fourteen chains to an Ash on the still house branch thence up the same to Mr. Murrays line so as to include all my lands to the North of the sid line {?} on his paying my Executors the sum of one hundred and fifteen pounds dollars at four shillings and eight pence, his lot being much better than the other children.

Impris - I give and bequeath unto my sons Thomas and Matthew Talbot my library of books to be divided as they may agree.  I also give unto my said sons and unto their heirs and assigns forever all the land belonging to me in the State of Kentucky or any claim I may have either by grant Warrant or survey except what I have sold Mr. John Chandler.

Impris - I give and bequeath unto my son Matthew Talbot and unto his heirs and assigns forever the following Negroes (to wit) Ben and Sally his wife and their children Stephen Ben Nully Judy Abraham and Nancy young Perro Henry and David with the increase of the said females and the children the said women may have had since they have been in his possession.

I also give unto my said son and his heirs and assigns forever five hundred and thirty acres of land on both sides of the south fork of Broad River that I bought of Hugh McDonald lying in the County of Oglethorpe and Elbert - I also give unto my said son the sum of twenty pounds cash dollars at four shillings and eight pence.

Impris - I give and bequeath unto my daughter Mary Triplett and to heirs and assigns forever the following Negroes (to wit) Jane Cate Dinah Tom Patience and Rachel which are now in her possession with the increase of the said females which they may have Since she had them or any they may hereafter have also Belly Cate and Lilvey her daughters Philadelphia & Isaac (Mollys children) and the increse of the said females .  I also give unto my said daughter the sum of forty five pounds cash dollars at four shillings and eight pence to be paid her by my Executors so soon as it can be raised from the sale of such parts of my Estate as may not be devised or given away.

Impris - I give and bequeath unto my daughter Elizabeth Walker and her heirs and assigns forever the following Negroes (to wit) Franky Larn Joe Rachel Lewis June Fammy Minnia Sam (her son Elijah and Sully now in his possession and the increase of the said females and what children they may have had since she hath had them in her possiession.  I also give unto my said daughter the sum of Eighty pounds dollars at four shillings & Eight pence so soon as the money can conveniently be raised from the sale of such part of my Estate as is not devised by this will.

Impris - I give and bequeath unto my grand daughter Mary Garlington Creswell and to her heirs and assigns forever one Negroe girl named Milly and her increase when my said grand daughter arrives to the age of eighteen years old or marrys.

Impris - I give and bequeath unto my Grand son, John Hedgeman Triplett, and his heirs and assigns forever when he arrives to the age of twenty one or marrys on Negroe Boy Named George.

Impris - I give and bequeath unto my Grand daughter Sarah Minge Walker and to her heirs and assigns forever one Negroe girl named Milly daughter of Mimma(?) and her increase.

Impris - I give and bequeath unto my grand daughter Mary Mossley Talbot and to her heirs and assigns forever when she arrives to the age of eighteen years old or marrys on Negroe girl nammed Hannah daughter of Anne and her increase.

Impris - The remainder of my estate that has not been hereby divided both real and personal after all my debts and legacies are paid its my wish and desire that it may be equally divided between my five children Phebe Cresswell homas Talbot Matthew Talbot Mary Triplett and Elizabeth Walker and their heirs in such manner as a majority of them may agree on {provided??} never the less that such part as is coming to Phoebe Creswell {goe and big} agreeable to the former part of this my will to be managed by my sons in trust for her - Its my will and desire that Executors be clothed with full power and authority to sell and dispose of all the Estate both real and personal that remains indisposed of by this my will and make and convey Titles to all such lands as they may sell or that I may have sold and not made titles too without any application to the Court for that purpose any law or custom or usuage to the contrary notwithstanding.

I do hereby appoint my two sons Thomas Talbot and Matthew Talbot Executors of this my last will and testament and do hereby renounce all former wills by me made and declare them void and no effect in writings whereof I have hereunto set my hand and seal the day and year first above written.
 
 
Sealed  Signed and Acknowleged
before in presence of us
Freeman Walker
Massey Thomas
Elizabeth (her mark) Thomas
John Talbot    {seal}

State of Georgia
Wilkes County

Personally appeared before me, Freeman Walker and Massey Thomas two of the subscribing witnesses to the foregoing will & being duly sworn on the Holy Gospel of God deposeth and saith that they saw the within named John Talbot Sign seal publish and declare the within instrument of writing to be his last will and testament and all the time of his sodoing he was of sound mind disposition and memory and that Elizabeth Thomas made her mark in their  presence and in the presence of the testator as concurring evidence to the same.
 
 
Sworn to before me
this 25th August 1798
{signature is indecipherable}
Freeman Walker
Massy Thomas

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RECORDED: WILKES COUNTY, GEORGIA - WILL BOOK 1794-98 - PAGE 189