Georgia
Marion County
In the name of God Amen.
I William Powell being weak in body, but of Sound and disposing mind and memory, do make and ordain this my Last Will and Testament, hereby revoking all former Wills and Testaments by me made.
First. My Will and desire is, that my body be decently burried.
Second. I desire that all my just debts be paid by my Executors hereinafter named as soon as convenient after my Death.
Thirdly. That in and for the natural love and affection that I have for my beloved wife Nancy Powell, I give and bequeath to her the following property, to wit (viz.) the plantation whereon I now live and the palntation called the Armour place. Also the land lying on the west side of the public road between my house and a spring known and called the School-house Spring altogether comprising about four hundred and twenty five acres; Also the following Negroes, Caboon, Lewis, Tom, Franck, Allen, Harris, Dock, Unity, Charlotte, Sophia, Malinda, and Lucinda, and her two children with their future increase; Also three choice mules and one bay-horse known by the name of Jim, Six choice cows and calves, one yoke oxen, and cart, five Sows and pigs, thirty Shoats, My Burouch, one years Support in provisions and two hundred dollars in money and all my house-hold and kitchen furniture. It is my further will and desire that my Sister-in-law Sally W. Edwards be Supported out of the process of the above specified property during her natural life and Should She Survive after the death of my wife I desire my Executors hereinafter named to apportion off a Sufficiency out of the before Specified property for a reasonable Support during her life or So long as she may live Single. But should She marry I desire that her Support Should cease out of my estate. I furthe will and desire that my wife Nancy Powell Shall have full management and control of the before named property during her natural life and at her death the property to revert back to my estate and be equally divided among my children in Such way and manner as I Shall direct in a Subsequent clause of this Will with the exception of that portion which may be apportioned to the maintenance of Sally W. Edwards.
Fourthly. I further will and desire my Executors hereinafter named to purchase the lot of land belonging to the estate of John Simmons deceased late of the county of Marion & State aforesaid at whatever price it may Sell for and pay for the Same out of the effects of my Estate, and that my Son Josiah C. Powell Shall take possession of Said land live upon and cultivate the Same as he may See proper to do free of charge or rent So long as my wife Nancy Powell may be in life and at her death to revert back as the property of my estate and be disposed of as I shall direct in a Subsequent clause of this Will.
Fifthly. I give and bequeath to M. L. Burns in Special trust for my two grand-children Mary Ann and Martha Bivens Six hundred dollars which amount will only make their portion equal to what I have previously given to my other children.
Sixthly. My will and desire further is, that all of my negroes property not disposed of in the third clause of this Will be put into equal lots as near as can be done and divided equally among my children and grand-children as follows, (viz.) One equal part to my Son James L. Powell in Special Trust for his wife and the children that he may have in life at the time of his death and at his deaththe property to be equally divided among his and children and at the death or marriage of his wife the property to be equally divided among the lawful heirs of my son James L. Powell and in no wise to be Subject to the debts or liabilities of my Son James L. Powell.
Also one equal part to my Son Samuel J. Powell in Special trust for his wife and children, and at the death of my Son Samuel J. Powell the property to be equally divided among his wife and the children he may have in life at the time, and at the death of his wife or Should She marry then her portion to be equally divided among the lawful heirs of my Son Samuel J. Powell, the said property to be in no event Subject to the debts or liabilities of my Son Samuel J. Powell.
Also one equal part to my Son Josiah C. Powell in Special Trust for his wife and the children he may have in life at the time of his death and at his death the property to be equally divided among his wife and children, and at the death of his wife or Should She marry after his death her portion of the property to be equally divided among the legal heirs of my Son Josiah C. Powell and the said property to be in no event Subject to the debts or liabilities of my Son Josiah C. Powell.
Also One equal share to my Son in law Augustus H. Finley in Special trust for my grand-children, William P. Finley, Mary A. Finley, Benjamin F. Finley, Frances M. Finley, Henry H. Finley, Josiah C. Finley, John M. Finley and Augustus C. Finley to be equally divided among them and for each one to received their proportionable Share whenever they marry or arrive to the age of twenty one years and the Said property to be in no event Subject to the debts or liabilities of their Father Augustus H. Finley.
Also one equal part to my Son in law Martin Luther Bivens in Special Trust for my grandchildren Mary Ann and Martha Bivens to be equally divided between them whenever they marry or arrive to the age of twenty one years, the property to be in no event Subject to the debts or liabilities of their father M. L. Bivens.
Also one equal part ot my Son in law Thomas A. Wall in Special Trust for his wife and the children of her body the property to be in no event Subject to the debts or liabilities of my Son in law Thomas A. Wall.
Also one equal Share to be given in trust to my Daughter Emeline Frasier as Trustee for her children that may be in life at the time of her death with the exception of one equal Share of the portion bequeathed her as Trustee and that portion to be paid to my grand Son William P. Frasier by my Executors as Soon as convenient after my death and that my Daughter Emeline Frasier control and manage the Same as trustee and at her death to be equally divided among her children who may be in life, the property in no way to be Subject to the debts or liabilities of my Daughter Emeline Frasier.
Seventh. It is my further will and desire that all the remainder and residue of my property of whatsoever kind whatever real and personal be sold by my Executors hereinafter named to the highest bidder on a credit of Twelve months and the proceeds to be equally divided among my children and grand children in the same way and manner and for the same purposes as those desired my negro property to be disposed of (viz.) one James L. Powell in trust, one Share to Samuel J. Powell in trust, one Share to Josiah C. Powell in trust, one Share to Augustus H. Finley in Trust, one Share to M. L. Bivens in trust, one Share to Thomas A. Wall in trust and one Share to Emeline Frasier in trust and not to be Subject to the debts or liabilities if the Trustees.Eighth. I will and desire that all the property that may revert back to my estate at the death of my wife or otherwise be equally divided among my children or my sons in law who may be living at the time in Trust for my grand children to be managed and disposed of in the Same manner and for the Same purposes as set forth in the preceding clauses of this Will.
Ninthly. It is my will and desire that the property and money which may come into the hands of my children and Sons in law be managed and controlled by them as Trustees and the profits arising from the Same to be disposed of and used by them in any way or manner they may chose and apply the Same to their own exclusive benefit, but the principle to be held Strictly in Trust and not Subject to the debts or liabilities in any way or manner whatever.
Lastly. I constitute and appoint my Son Josiah C. Powell and my Son in Law Martin L. Bivens Executors to this my Last Will and Testament hoping they will carry out its provisions but Should either of them refuse to qualify I constitute my Son Samuel J. Powell Executor in the place of the one which may be dead or refuse to qualify.
In testimony whereof I have hereunto Set my hand and affixed my Seal this 17th day of May in the year of our Lord 1852.
Interlined and read To Testator before Signed
Georgia
Marion County
Before me E. W. Miller Ordinary of the Court of Ordinary for Said County in vacation personally came Josiah C. Powell and martin L. Bivens Executors of the Last Will and Testament of William Powell late od Said County deceased, and the witnesses of Said Will to wit, D. Worsham, Ptolemy Jernigan and James L. Baker, which witnesses being duly sworn depose and say that they Saw William Powell the Testator, Sign, Seal, declare and publish the instrument now presented as his Last Will and Testament, freely, voluntarily and of his own accord and without any compulsion or influence whatever that at the time of the execution of Said Will Said Testator was of sound and disposing mind and memory; that Deponents Signed Said Will as witnesses in the presence of the Testator and at his Special instance and request and in the presence of each other.