|State of Georgia
In the name of God Amen. I Duncan Terry of said State and County
being fourty nine years old the 28th day of December last 1861 and
being in poor health in body but sound mind and thinking I must
shortly depart this life, deem it right and proper both as respect
my family and myself that I should make a disposition of the property
with which a kind providence He's blessed me do therefore make my
last will and Testament hereby revoking all others heretofore made
1st Item. I desire and direct that my body be buried in a decent
and Christian like manner suitable to my circumstances and condition
in life my soul I trust shall return to rest with God. Who gave
it as hope for Eternal Salvation through the merits and atonement
of the blessed Lord and Savior Jesus Christ whose religion I have
professed and as I humbly trust enjoyed for near 20 years.
2nd Item. I desire that all my just debts shall be paid as soon
as can be done.
3rd Item. I desire that all my outstanding debts be collected in
and paid. My debts with as for or the will, and if there is a lack;
for all my stock to be sold such as hogs, cattle, horses and applied
to my debts as a sufficiency to satisfy the demands.
4th Item. I give and bequeath and desire to my beloved wife till
my youngest child Duncan Lafayette is 21 years old, the following,
Dennis my Negro man 42 years old, Edna his wife 29 years old. Harriet
a girl a year old, Sally 4 year old and John one year old and the
home Place known as part of lot of land No. two hundred and ninety-nine
and a portion of lot to this hundred which fill (page 83) to my
part of my fathers estate in this divide of his land provide she
remains a single woman. If she marries before the youngest coes
is 21 years old then the property, I give to her to be take possesion
of by my executor and managed to the rest for his children till
the youngest child is 21 years old. When the youngest child comes
21 years old I then give to my wife one half of the above named
house place and Dennis and Edna his wife during his natural life
providd she remain single, and one years provision and farming tools
and good bed and furniture including the houses where she now lives
also a certain bay filly two years old and a sorrel mare which I
want her to raise colts for my younger four children.
5th Item. I give my son George a bay horse colt one years old one
cow and calf, bed stead and furniture sow and pigs also the other
four children each one calf, bedstead and furniture, sow and pigs.
6th Item. I want of lots land number 276 numbers 278, rented out
to the best advantage by my executor from year to year till the
youngest child is 21 years old, other money put of interest and
those comes of age 21 years old, shall draw their part of the rent
as it comes due at expiration of the aforesaid time the above named
land shall be equally divided among say five oldest children wit
to Joseph W., George W., Martha L., Mary E., Louis A. Terry with
the 46 acres where off of the house place.
7th Item. I give to my son Duncan L. Terry the house place that
portion that is willed to my wife during his life to be his own
at death of his mother.
8th Item. I want all the balance of my property not other wise
disposed of at this age when the youngest child (Page 84) comes
21 years old equally divided among my children from oldest to youngest.
9th Item. I herby appoint Joseph W. Terry and William Terry Executors
of this my last will and testament. Signed sealed in presence of
. February 20th 1862.
Samuel A Blair
William Hopher J.P.
Personally appeared before me Anderson Farmsworth, Attorney in
after said county, Samuel Ealy, William Anderson and William Hopler
subscribing witnesses to this last will and testament of Duncan
Terry Deceased and being sworn to dispose and say that they saw
Duncan Terry the last testator signed sealed and delivered published
the instructions now presented as his last will and testament. Freely
vountarily and of his own accord and without any complusion or influence
whatever that at the time of the executor of the said will. Said
testator who of sound and disposing mind and memory that the signed
the said will as witnesses in the presence of the testators of his
special instance and request in the presence of each other. Sworn
to and subscribed before me this Oct. 20th 1862.
Anderson Farmsworth, Attorney