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The Last Will and Testament of Duncan Terry

(Transcribed by Sharon and Paul Johnson, August 16, 2005)

State of Georgia
Murray County
Page 82

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 by me.

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.

Duncan Terry
(Sealed)

Samuel Ealy
Samuel A Blair
William Anderson
William Hopher J.P.

 

Georgia
Murray County

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.

William Hopler
Samuel Ealy
William Anderson

Anderson Farmsworth, Attorney

 

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