Early Settlers of Georgia, John Morel, Will

Date: [unknown] [unknown]
Location: Christ Church Parish, Province of Georgia
Surname/tag: Morel

This is a transcription of the Will and Codicil of John Anthony Morel (bef.1733-1776), early settler of Georgia.

See Transcription for notes about the transcription process.

Will & Death

Last Will and Testament of John Morel, Planter ^[1][2]
Christ Church Parish, Province of Georgia.
23 June 1774.
[omitted] January 1775 (codicil).
9 April 1777 (proved).

[Page 1]

In the Name of God Amen I John Morel of the Parish of Christ Church in the Province of Georgia Planter being of sound and disposing Mind and Memory and considering the Uncertainty of this Transitory life Do make publish and declare this my last Will and Testament in manner following that is to say Imprimis I will and desire that all my just Debts and funeral Expenses be paid and satisfyed as soon as conveniently can after my decease.

Item. I Give Devise and Bequeath unto my Sons Peter Henry and John Morel by my first Wife the Daughter of Henry Bourquin Esquire And my other Sons Bryan and Isaac Morel by my present Wife the Daughter of Jonathan Bryan Esquire All That or Those my Island or Islands called or known by the Name of Ossabaw situtate lying and being in the Parish of Saint Philip in the Province of Georgia To hold the same and every part and parcel thereof with the Hereditaments Rights Members and Appurtenances thereunto severally belonging or in any wise appertaining unto my said Sons Peter Henry John Byran and Isaac Morel and their several and respective Heirs and Assigns for ever as Tenants in Common and not as Jointenants.

Item. I Give and Bequeath unto my said Four Sons All and singular my Stock of Horses Cattle Hogs and Plantation Tools Together also with all my Negros and other Slaves on the said Island or elsewhere that I may Die Possessed of or Intituted unto | except as herein after is excepted | to be held and enjoyed by them respectively in equal Shares or Proportions on their severally attaining the Age of Twenty one Years But it is my Will and Pleasure and I do hereby expressly charge and make liable the said Island or Islands called Ossabaw and the Slaves with the payment of the several Bequests following that is to say.

Item. I Give and Bequeath unto my Daughter Mary by my first Wife and her two Sisters Esther or Hetty and Anne Bryan by my Second Wife their Executors Administrators and Assigns the Sum of One thousand Pounds Sterling each to be paid to them severally and respectively on their arriving to the Age of Eighteen years.

Item. I Give and Confirm unto Mary my Wife her Executors Administators and Assigns the Sum of One thousand Pounds Sterling which Sum is to be paid to and received by her | pursuant to Articles settled previous to our Marriage | in full Satisfaction and Recompence of and for all her Dower and Thirds which she might or could claim or demand out of my Estate And if the said Sum of One thousand Pounds by any Accident should not be paid within Six Months after my decease then I order and direct that the legal Provincial Interest commence and be paid from that time.

Item. I Give and Bequeath unto my said Wife her Executors Administrators and Assigns the sum of One hundred and fifty Pounds Sterling to be Paid out in Furniture or otherwise as she shall think proper Also the best Carriage and any two Horses of her own choice that I may die Possessed of.

Item. I Give and Bequeath unto my said Wife the Sum of fifty Pounds Sterling Annually and any Three of my House Negros during her Widowhood only and immediately after her Marriage the said Negros to Revert back to my Sons and be part of and upon the same footing as the Ossabaw Estate And the said Sum of fifty Pounds from thence to cease and determine.

Signed: John Morel
Witness hereto: Will'm. Young, D. Zulby Jun'r., Robert Watts

[Page 2]

Item. I Give Devise and Bequeath unto my Eldest Son Peter Henry Morell his Heirs and Assigns for ever All That Piece of Ground being part of a Lot of Land situate at a place called Yamacraw adjoining the Common of the Town of Savannah and known by the Number One [No. 1] formerly the Property of the late James Box Esquire containing Ninety feet in length and Two hundred feet in depth on an East and West line and is | with the two others herein after mentioned particularly described in a Plan thereof hereunto annexed | known or called in that Plan by the Number One [No. 1] Also a Wharf Lot under the Bluff or Bank of Savannah known by the Number Ten [No. 10] West of Bull Street and originally Granted Grey Elliott Esquire.

Item. I Give Devise and Bequeath unto my Son John Morel his Heirs and Assigns for ever another Piece of Ground being part of the above mentioned Lot and adjoining that of his Brother Peter Henry known and distinguished by the Number two [No. 2] containing Ninety feet in length and tapering in depth as will more fully appear by the said Plan annexed.

Item. I Give Devise and Bequeath unto my Son Bryan Morel his Heirs and Assigns for ever the remaining part of the first mentioned Lot of Land and adjoining Number Two [No. 2] given to my son John and from thence to low Water Mark be the quantity of Ground more or less known and distinguished also by the Number three [No. 3].

Item. I Give Devise and Bequeath unto my Son Isaac Morel his Heirs and Assigns for ever All That Parcel or Track of Land containing Five hundred [500] Acres situate lying and being on Great Ogeeche in the Parish of Saint Matthew bounded by Vacant Lands on all sides at the time of the Survey thereof.

Item. Whereas I have lately purchased a Tract of Land containing Five hundred [500] Acres on which I at present reside situate lying and being on Vernon River in the Parish of Christ Church Originally granted to William Stephens Esquire and known by the Name of Bowlie It is therefore my Will and Pleasure and I do hereby for the better Communication from the Island Ossabaw to the Town of Savannah make it part of and annex the same to the Estate on Ossabaw and do hereby Give Devise and Bequeath the said Tract of Five hundred [500] Acres of Land with the Hereditaments and Appurtenances thereunto belonging unto my four Sons Peter Henry John Bryan and Issac Morel and their Heirs and Assigns for ever To hold as Tenants in Common and not as Joint Tenants.

Item. It is my further Will and Pleasure That all my Negroes on the said Island of Ossabaw or elsewhere be kept together for the Improvement of the said Island and the Business of the same carried on under the Inspection and Care of such Person or Persons as my Executors herein after named shall direct and appoint and the Net proceeds arising therefrom after the necessary Expences attending such Inspection or from the Rent of any Houses or Buildings that I may die Possessed of be applyed and disposed of in the Education and Maintainance of all my Children Sons or Daughters and the overplus be put at Interest for the joint benefit and advantage of the whole and to be equally Divided between them Share and Share alike when the Boys shall arrive at Twenty one Years and the Girls at Eighteen Years of Age.

Item. it is my further Will and Pleasure and I do hereby Give Devise and Bequeath unto such Child

Signed: John Morel
Witness hereto: Will'm. Young, D. Zulby Jun'r., Robert Watts

[Page 3]

Children of whom my Wife may be Ensient at the time of my decease if a Son or Sons an equal Share and Part of the Ossabaw Esate with my other Sons and in the same manner and Subject to the same Restrictions as is directed in and by this my Will But should it so happen that a Daughter or Daughters be born Then and in that Case I Give and Bequeath unto her | or if two | a Thousand Pounds Sterling each for which I hereby further Subject my Ossabaw Estate and Negroes to the payment of in like manner and payable at the same time as to my Daughters herein before mentioned And should it so happen that any of my Children die before they attain the several Ages herein before limited and appointed for receiving their Parts or Shares of my Estate Then and in that Case I Give Devise and Bequeath the Part or Share of him so Dying unto the Survivors or Survivor their or his Heirs and Assigns for ever as Tenants in Common And in Case either of my Daughters depart this life during their Minority Then I Give and Bequeath the Part or Share of her so dying unto the Survivors or Survivor to be equally Divided between them Share and Share alike.

Item. I Give Devise and Bequeath unto my Executors herein after named their Heirs and Assigns for ever All my Real and Personal Estate wheresoever the same may be found and not herein before Disposed of to be Sold and Conveyed by them for the best price that can be had or obtained for the same and the Monies arising therefrom to be equally Divided amongst all my Children Sons and Daughters Share and Share alike and put out at Interest untill they respectively Arrive to the several Ages herein before mentioned.

Item. It is my further Will and Pleasure that my beloved Wife be allowed If she think Proper to reside in any one House that I may have Erected in the Town of Savannah or elsewhere for and during such time as she shall remain my Widow.

Item. My further Will and Desire is and I do earnestly request of my Executors that they will be pleased to pay great regard to my Letter Directed to them and herewith enclosed wherein they will find my Sentiments with some Instructions respecting my Affairs And I do seriously recommend that if possible no Suits at Law be commenced or carried on after my Decease should any Difference arise between those immediately interrested or concerned in this my Will the same shall be left to proper and competent Judges to be chosen by the contending Parties and if any refuse so to do Then and from thenceforth I do make Void their several Bequests and hereby Give and Bequeath all and every the Legacy and Legacies which I had in this my Will given to such Person or Persons unto and amongst my other Children willing to refer such dispute or Differences to be equally Divided between them Share and Share alike.

Item. I Will and Desire that a regular set of Books be Opened and fair Entrys made of all Expences attending the Maintenance and Education of my Children and of all the Charges consequent upon carryning on the Business at Ossabaw or elsewhere together with the Sales of every Article that may be Produced therefrom or arising from any other part of my Estate by any ways or means whatsoever and a Ballance shall be Struck once every Year that it may thereby Clearly appear to the satisfaction of all Concerned what Profits have been made clear of Expence and how much ought to placed to each.

Signed: John Morel
Witness hereto: Will'm. Young, D. Zulby Jun'r., Robert Watts

[Page 4]

Persons Credit And should any part of this my Will appear in the least Intricate or Doubtful to any of my Children the same Shall be referred to some Discreet and Proper Judge to be Chosen by him or her in whose breast the Doubt arises and the Judgement and Opinion of him or them so Chosen Shall be binding and conclusive on the Parties.

Lastly. I Do hereby Nominate Constitute and Appoint my beloved Wife Mary Executrix During her Widowhood Henry Sheall now of London my late Clerk and Bookkeeper and Doctor Henry Lewis Bourquin of Savannah together with my four Sons Peter Henry John Bryan and Isaac Morel when they severally attain to the Age of Twenty one Years Executors of this my Will And in Testimony that this is my last Will and Testament contained in four Sheets of Paper I the said John Morel have to the three first Sheets set my Hand and to the last my Hand and Seal and Published the same as such this Twenty third Day of June in the Year of our Lord One thousand Seven hundred and Seventy four and in the Fourteenth Year of the Reign of his Majesty King George the Third.

Signed: John Morel (seal)

Signed Sealed Published Pronounced and Declared by John Morel the above named Testator as and for his last Will and Testament in the Presence of us who at his request in his Presence and in the Presence of each other have Subscribed our Names as Witnesses thereto.
Witnesses: Will'm. Young, D. Zulby Jun'r., Robert Watts

Georgia
Before His Honour Jonathan Bryan Esquire Vice President and Commander in Chief of said State and Ordinary of the Same.

Personally appeared David Zubly Jun'r. of Savannah Gentl'n. one of the subscribing Witnesses to the above and within written last Will and Testament of John Morel in the parish of Christ Church & State aforesaid planter who being solemnly Sworn on the Holy Evangelists of Almighty God made Oath that he was present and did see the said Testator sign seal publish pronounce and declare the same to be and contain his last Will and Testament and that he was of sound and disposing mind and memory to the best of his knowledge and belief And that He with William Young Esq'r. and Robert Watts subscribed their names as Witnesses to the said Will at the request of the said Testator and in each others presence.

Given under my Hand this Ninth day of April 1777

Signed: Jon'a. Bryan V.P.

[Page 5]

John Morells Will & Codicil with probate to each taken 9th April 1777 before Hon. Jon'a. Bryan Esq'r. V. Pres't.

Recorded in Book AA [folio 312 322]

[Page 6]

Georgia
Whereas in the making and publishing of my last Will and Testament bearing Date the Twenty third Day of June which was in the Year of our Lord One thousand Seven hundred and Seventy four I Did in and by the same Give and Confirm unto Mary my Wife her Executors Administrators and Assigns the Sum of One thousand pounds Sterling which said Sum was to be paid and received by her | pursuant to Articles settled previous to our Marriage | in full Satisfaction and Recompence of and for all her Dower and Thirds which She might or could Claim or Demand out of my Estate And if the said Sum of One thousand pounds by any accident Should not be paid within Six Months after my Decease then that I Did Order and Direct that the legal Provincial Interest Commence and be paid from that time And Whereas by the said Will I Did also Give and Bequeath unto my said Wife the Sum of One Hundred and fifty pounds Sterling to be Paid out in furniture or otherwise as She should think proper Also the best Carriage and any two Horses of her own Choice that I might Die possessed of And also the Sum of Fifty pounds Sterling annually and any three of my House Negroes During her Widowhood only and immediately after her Marriage the said Negroes to revert back to my Sons and be Part of and upon the same footing as the Ossabaw Estate mentioned in the said Will And the Said Sum of Fifty pounds from thence to Cease and Determine And also that it was my further Will and Pleasure that my said Wife be allowed if She thought proper to reside in any one House that I might have erected in the Town of Savannah or elsewhere for and During such time as She should remain my Widow I Do by these presents Ratify and Confirm the aforesaid Bequests and Privileges by my aforesaid Will Given and Granted unto my said Wife And Do hereby Expressly Declare the same and every part thereof to be so given unto my said Wife Subject to the Provisoes and Conditions therein mentioned in full Satisfaction Lieu and Recompence of and for any Right Title or Claim of Dower and Thirds which She could or might Claim out of my Estate in any wise either in Law or in Equity And Whereas by my aforesaid Will It is Declared that all my Negroes on the Island of Ossabaw or elsewhere Should be kept together for the improvement of the said island and the Business of the same Carried on under the Inspection and Care of such Person or Persons as my Executors therein named Should Direct and appoint and the Net Proceeds arising therefrom after the necessary Expences attending such Inspection or from the Rent of any Houses or Buildings that I might Die possessed of be applyed and Disposed of in the Education and Maintenance of all my Children Sons or Daughters and that the Overplus Should be put at Interest for the joint Benefit and Advantage of the whole and to be equally Divided between them Share and Share alike when the Boys should arrive at Twenty one Years and the Girls at Eighteen Years of Age Now I Do hereby Order and Direct that it is my further Will and Pleasure that the Business of the aforesaid Island shall be Carried on as aforesaid under the Inspection and Care of Mr. ___ Adams or of any other Person or Persons that my Executors shall approve of and appoint and I Do hereby Empower my said Executors to allow and Give unto the said ___ Adams or any such Person or Persons as aforesaid such Yearly Wages or Hire that they shall think reasonable And Whereas in and by my said Will I Did Direct that all my Real and Personal Estate not therein otherwise Disposed of Should be Sold I Do therefore hereby revoke and make void the same in so far that I Do Give Devise and Bequeath Two several Tracts of Land Containing together Nineteen hundred [1,900] Acres situate lying and being in the Parish of Saint Andrew in the Province of Georgia aforesaid unto my Sons Peter Henry, John, Bryan and Isaac Morel and their several and respective Heirs and Assigns for ever And if it Should so happen that any of my said Sons Should Die before they severally arrive to the Age of Twenty one Years then and In that Case I Give and and Bequeath the Share of the said Lands of him so Dying unto the Survivors or Survivor their

Signed: John Morel
Witness hereto: John Cosson, John Pinkerton, John Detheridge

[Page 7]

or his Heirs and Assigns for ever And Whereas also in and by my said Will I Did Order and Direct that my Plantation on Vernon River Commonly called and known by the Name of Beaulie Should be annexed or looked upon as Part of my Ossabaw Estate In Order therefore that my Executors may be fully enabled to Pay and Discharge any Debts that may be brought against my Estate ( the said Plantation being of great value I Do hereby Authorise my Executors And it is my Will and Pleasure that they Do Sell the said Plantation or Tract of Land on Vernon River called Bewlie saving and reserving Nevertheless One hundred and thirty [130] Acres of said Tract to Commence from the Orphan House line from thence on the other side of a Place called Jacobs Well and from thence Down to the River so as to include that Quantity of Acres which I hereby annex to and make part of the Ossabaw Estate upon the same Conditions Provisoes Limitations and Restrictions as mentioned and Contained in my said Will respecting ) that or those Islands And in Order to prevent the Sale if possible of the Land above mentioned It is my Will and Pleasure that my Executors or Executor do first offer all or part of my Estate to any Person or Persons who may be willing to advance as much Money on Interest as Shall be Sufficient to pay and Satisfie my just Debts as a Pledge or Security for the repayment of the same for which purpose I hereby Authorise Direct and Appoint that my said Executors or Executor Do as such Sign Seal and Deliver any Deed or Instrument of writing that Counsel shall advise of all or any part of my said Estate as Security to the Lender or Lenders of such or so much as will be Sufficient to answer the purposes aforesaid And Whereas also since the making and publishing of my said Will Doctor Henry Lewis Bourquin named an Executor therein is Dead I do Therefore Nominate Constitute and apppoint John McQueen of South Carolina Esquire Joint Executor with Henry Shoale of the same and both to this Codicil And I Do hereby Ratify and Confirm my said Will in all respects not herein and hereby varied or Altered And Declare this to be a Codicil and to be taken as part of my said Will and Testament In Witness whereof I the said John Morel have hereunto to this Codicil of my last Will and Testament Contained in Two Sheets of paper to the first whereof I have Set my hand and to the last my hand and Seal this ___ Day of January in the Year of our Lord One thousand Seven hundred and Seventy five.

Signed: John Morel (seal)

Signed Sealed Published and Declared by the above named John Morel as a Codicil and to be taken as part of his last Will and Testament In the presence of us who at his request in his presence and in the presence of each other have Subscribed our Names as Witnesses thereto.
Witnesses: John Cosson, John Pinkerton, John Detheridge

Georgia
Before His Honour Jonathan Bryan Esq'r. Vice President and Commander in Chief of said State and Ordinary of the same.

Personally appeared before me John Detheridge one of the subscribing witnesses to the within and before written Codicil to the last Will and Testament of John Morel of the Parish of Christ Church Planter deceased who being duly sworn on the Holy Evangelists of Almighty God made Oath that he was Present and saw the said Testator sign seal publish pronounce and declare the same to be as and for a Codicil to his last Will and Testament and that he was of sound and disposing mind and memory to the best of his knowledge and belief and that he with John Cosson and John Pinkerton subscribed their Names as Witnesses to the said Codicil at the request and in the presence of the said John Morel and in the presence of each other.

At the same time Mary Morel Widow & Executrix named in within Will qualifyed as such & Jn'o. McQueen Esq'r. as Executor.

Given under my Hand this ninenth day of April 1777

Signed: Jon'a. Bryan V.P.

Transcription

The transcript is based on:

• primary source
• secondary source, used where primary source difficult to read

The transcript attempts to reflect the spelling, letter case, and punctuation of the primary source.

The following observations are made about the handwriting of the Will and Codicil:

• The Will and Codicil appear to have been written by two different people.
• The Court oaths at the bottom of each appear to have been written by two additional, different people.
• In general, punctation practices of the time are exhibited including no commas, and no periods (full stops) between sentences in a paragrah or item. Periods (full stops) are found at the end of most, but not all, paragraphs and items.
• As with most images of old documents, various "imperfections" in the documents or images are seen that may or may not be punctuation marks. This transcript therefore omits commas, periods (full stops), and other punctuation marks unless it is pretty clear the mark was intentional.
• There is a single sentence at the bottom of page 6 that appears to contain intentional commas to separate the names of John Morel's four (4) sons.
• In the Will, the writer used a pair of vertical bars ("|") to set off a parenthetical phrase. In the Codicil, the writer used parentheses ("(", ")") instead.

Sources

1. ↑ "Wills, Colony of Georgia, RG 49-1-2", Georgia Archives; database with images, Georgia Archives (https://vault.georgiaarchives.org/digital/collection/cw/id/1394) (https://vault.georgiaarchives.org/digital/collection/cwb/id/389/rec/4).
2. ↑ Atlanta Town Committee, Abstracts of Colonial Wills of the State of Georgia 1733–1777 (Georgia: Atlanta Town Committee, 1962), pp97-98; digital images, Hathitrust (https://hdl.handle.net/2027/uva.x000606998), images 169-170.