Location: Newton County, Georgia, United States
Surnames/tags: Knight Roseberry
Will of James M Knight
"Georgia Probate Records, 1742-1990," images, (FamilySearch : 20 May 2014), Newton > image 202 of 350; county probate courthouses, Georgia.
Georgia Newton County
In the Name of God Amen I James M Knight of the State and County aforesaid being of sound disposing mind and memory and knowing the uncertainty of life and being desirous of disposing of my property in my own way - do hereby utter publish and declare the following to contain my last will and testament hereby revoking any and all other wills made by me at any time heretofore
Item the 1st It is my will that my executors proceed at as early day practicable to pay all my just debts
Item the second I give and bequeath to my beloved wife Ann Knight during her natural life one hundred acres of land being the South half (by a line East and West) of lot of lumber number thirty in the Eighth district of originally Henry now Newton County which parcel of land including my residence or homestead - Her title to the same for the life time is to be forfeited if she declines residing thereon or whenever she may remove therefrom - I also give to my said wife my buggy and horse Tom, also one bed bedstead and furniture and one years supply of provisions, one cow and calf. The personal property thus given to my wife in this Item is only to be a life estate in her and upon her death to return to my estate. The property thus given to her and upon the terms herein expressed in this item is to be in the lieu of dower or right to dower in my real estate
Item the 3rd I give and bequeath to my three children to wit Richard D Knight William T Knight and Georgia Ann Knight all the ballance of my estate real personal and mixed of every name and kind whatever, to be divided between them share and share alike to be by them held forever in fee simple and it is my will that if my two minor children at their majority or upon their arriving to the age of twenty one viz James AJ Knight and George WR Knight, shall relinquish to me or my estate all their right as cestui que trusts under the will of their grand father James Roseberry and their grand mother Martha Roseberry, then the one so relinquishing shall take an equal share of the property conveyed by this item.
Item the 4th It is my will upon the death of my wife that the property bequeathed to her in the 2nd item of this will be divided to the children and upon the express terms aluded to and embraced in the preceding or third item of this my will and to no other persons nor upon no other terms - and if my wife abandons the land the land to be divided among said children upon the terms mentioned therein upon such abandonment
Item the 5th It is my will and positive direction that neither my daughter Martha Jane Avery nor her heirs nor her husband shall take any part or portion of my estate - I have good reasons in my judgement for thus cuting them off from any participation in my estate.
Item the 6th I do hereby appoint my sons Richard D Knight and William T Knight the Executors to this my last will and testament. In testimony whereof I James M Knight have hereto set my hand and affixed my seal this seventh day of March 1856
James M Knight
Signed sealed and acknowledged as the last will and testament of James M Knight He signing in our presence we signing in his presence & in the presence of each other
John N Williamson P H Stallings G T Norman
Georgia Newton County
In vacation appeared John N Williamson and P H Stallings who being duly sworn depose and say that they subscribed the within will as witnesses ? G T Norman do so likewise _ thus they saw James M Knight the testator sign the same and publish the same as his last will and testament and that at the time of the said signing and publication the said James M. Knight in the opinion of deponents was of sound disposing mind and memory. That he executed the same freely and without compulsion so far as they know or believe. That the witnesses subscribed in the presence of the testator and of each other.
John N Williamson P H Stallings
Sworn to and subscribed before me this 27th November, 1856. William D Luckie