Note:  The information contained in this document was transcribed from information provided by Stephen Kirk.  His e-mail address is:  skirkc@msn.com

 

Sarah Cabaniss Will

 

Georgia, Jones County

In the name of God, Amen

I Sarah Cabaness of the State and County aforesaid being in feeble and precarious health, but of sound and disposing mind and memory do hereby make and ordain this my last will and testament in manner and form as follows.

Item First. I hereby will that my just debts if any be first paid with my funeral expenses and that a suitable enclosure be constructed around my own and deceased daughters graves of cut rock in a decent and permanent manner.

Item Second. I give to my three grandchildren sons of Benjamin and Martha his first wife, the following named negroes that is Edmund, Mariah, Linda, George, Albert, Mary, Jess, Randle, Augustus and Harriet and their increase if any, and three thousand dollars in money, two thousand of which is to be paid at the end of the frist year after my death or sooner if my executor can do so without making a sacrifice of property, and the other thousand to be paid as soon as it can be raised from the sale of such surplus property or can in the discretion of my executor be spared from the plantation and the sale of crops hereafter to be made (without interest) the above named negroes and moneey to be paid over to Benjamin Barron as the father and natural guardian for said children which with the profits arising from the same I wish equally divided between them share and share alike and they become of age, with this express provision that if either one or more of said children should die before they arrive at full age or without leaving children of their own, that then, and in that event their share of the aforesaid property shall go and be vested in the survivor or survivors of said children the two youngest not yet being married.

Item Third. I give to my grand daughter Sarah Louisa Moreland daughter of Robert D. and Sarah Moreland my plantation and lands whereon I now reside including the dwelling and other improvements attached thereto with all the stock of horses, mules, oxen, cattle, hogs, sheep &C the gin and apparatus, waggons, carts, plantation tools of every description, household and kitchen furniture with the bedding, and bed furniture (except one bed each to my grandsons), corn, fodder, wheat, oats, bacon, lard, and everything necessary for keeping up the farm, and that my be remaining thereon, except such as my executor may think proper to sell for the purpose of raising the money heretofore directed to be paid, said lands containing twelve hundred and fifteen acres more or less adjoining Billingslea, John Thomas, William B. George, Joseph Miller, David Ware and others lying on Shoal Creek in said county and also the following named negroes, that is Dinah, York, Edward, Will, Henry, Dave, Berry, Fanny, Adeline, Frederic, Dicy, Andrew, Bob, Jack, Old Daniel, young Daniel, Sam, Rachel, and Patsy and their increase if any to be kept together on the plantation and worked on the farm or otherwise under the control direction and management of executor hereafter to be named and under no circumstance to be removed from this county during the now (?) age of my Grand Daughter, thw whole of which property real and personal with all the profits from the same are hereby vested in my friend David Ware who will be hereafter named as executor and after him such person as the Court of Ordinary of the County shall name and assignate as trustees to hold and control the same during her natural life so that no person whomsoveer shall have the right to sell or dispose of any part thereof during her life as aforesaid except the profits arising from the same which is hereby appropriated to her support, education, and maintenance and support of herself and children if any during her life, and in the event that she my said Grand Daughter should depart this life at any time without a child or children then the whole of said property both real and personal shall go to and be vested in my youngest grandson being the youngest son of my restrictions as named in the second item of this will in case of his death without a child or children or being legally disposed of by himself.

Item the Fourth. I wish my crop of cotton if on hand with all my surplus property such as may not in the opinion of my executors be necessary to keep up the farm be sold and with such ready money as may be on hand and any debts that may be due me used for the purpose of making the payments as before directed to my grandsons or their father for them.

Item the Fifth. I hereby ordain constitute and appoint my friend David Ware my sole executor and trustee for my Grand Daughter Sarah Louisa Moreland and hereby vest him with full power and authority to carry into effect every part of this my last will and testament with the express direction that he shall continue in possession of the dwelling as well as all other parts of the plantation that he shall during the minority of my Grand daughter keep possession of the household and kitchen furniture and have his board, free of expense, and in the event of his becoming too infirm from bad health or other causes to control the business with which he is hereby intrusted, I wish the court to consult him in appointing a successor for the management thereof and that such successor be required to give bond and security for the faithful performance of their duties before they take possession of the property.

In witness whereof I have hereunto set my hand and affixed my seal, this twentieth day of September in the year of our Lord Eighteen hundred and forty seven.

Signed, Seal and acknowledged (Signed) Sarah Cabaness

In the presence of

Polly H. Stewart

Sherwood (his mark) Jones

Jos. Day

Georgia, Jones County

Court of Ordinary March Term 1848

In open court personally come Jos. Day and Polly H. Stewart two fo the subscribing witnesses to the within instrument and being duly sworn, deposeth and saith that they saw Sarah Cabaness sign, seal, publish, and declare said instrument to contain her last will and testament, that she was of sound mind and disposing memory at the time of executing the same and that deponents subscribed the same as witnesses and that they saw Sherwood Jones sign the same as a witness, all in the presence of the testator and at her request.

Sworn to and subscribed (Signed) Jos. Day

In open court this 6^th day Polly H. Stewart

Of March 1848

Test. Columbus A. Pitts, C.C.D.

Recorded this 16^th March, 1848

Jones County Will Book "C", pages 361-365 FHC 045-4232