Transcribed Will and Codicil of Edward Nix Sr.

Date: 24 Jan 1850 [unknown]
Location: Newton, Georgia, United States

Georgia Wills, 1823-1871, V. 1-2, pages 139-142. (Source: www.ancestry.com)

Georgia, Newton County In the name of God Amen.

I Edward Nix senior of said State & County being of advanced age and knowing that I must shortly depart this life deem it right & proper as respects my family & myself that I should make a disposition of the property with which a kind Providence has blessed me, therefore make this my last Will & testament hereby revoking all others heretofore made by me.

1st Item. I desire and direct that my body be buried in a desent [sic] and Christianlike manner suitable to my circumstances & condition in life

2nd Item. I desire & direct that all my just debts be paid without delay by my Executors hereinafter appointed.

3rd Item. I give and bequeath to my beloved Wife Margaret all the property that she brought into the coverture consisting of one negro woman named Lucy & her increase, one negro boy named Rufus together with all the household & kitchen furniture owned by her at the time of our intermarriage. Eight hundred dollars in money & one horse such as she may choose from all my horses, in lieu of the one she owned at the time of said intermarriage, & in addition to the above. I also give her two cows & calves such as she may choose out of my stock of cattle[,] one sow & pigs such as she may choose out of my stock of hogs, five hundred pounds of pork, twenty five barrels of corn & ten bushels of wheat to her own proper use benefit and behoof [sic] forever.

4th Item. I give & bequeath unto my beloved Wife Margaret during her natural life or widowhood one hundred & seventy five acres of land being parts of lots Nos 280 & 281 in the first district of originally Walton now Newton County to be laid off in one body so as to include the dwelling & outhouses where I now reside with a proper proportion of cleared & woodland my said Wife to select the lines of said lots on which to lay off said one hundred & seventy five acres, also one negro man named Squire.

5th Item. I give & bequeath unto my daughter Aley Rhodes four hundred dollars.

6th Item. I give & bequeath unto my daughter Olley Estes four hundred dollars.

7th Item. I give & bequeath to my son in law Mercer Rhodes in trust for my daughter Nancy Watkins during her natural life and at her death to her children to be equally divided amongst them Rene a negro woman & her child Sarah & four hundred dollars free from the debts or controll [sic] of her present or a future husband.

8th Item. I give and bequeath to my son Berry J. Nix four hundred dollars.

9th Item. I give & bequeath to my son Francis M. Nix four hundred dollars.

10th Item. I give & bequeath to my son Edward Nix four hundred dollars.

11th Item. I give and bequeath to my daughter Elizabeth Dabney four hundred dollars.

(Crossed out: 12th Item: I give and bequeath to my grandson Edward H. Peak son of my daughter Susan Peak four hundred dollars.)

12th Item: I give & bequeath to my daughter Cyntha J. Jones four hundred dollars

13th Item: I give & bequeath to my grandson Edward H Peak son of my daughter Susan Peak four hundred dollars.

14th Item: I give & bequeath to my grandchildren Susan Gay[,] Cyntha Gay[,] Levi Gay[,] Martha Gay, & John A Gay children of my daughter Mary Gay dec’d four hundred dollars. I hereby appoint my son in law Mercer Rhodes guardian of the property of my above named grandchildren, meaning the children of my daughter Mary Gay deceased.

15th Item: The residue of my property both real & personal whereever [sic] & whatever it may be including that given to my beloved Wife Margaret by the fourth item of this will during her natural life or widowhood after her estate therein is over I direct to be equally divided amongst all of my children, to wit Aley Rhodes[,] Olley Estes, Mercer Rhodes trustee for Nancy Watkins as directed in item seven[,] Berry J Nix, Thomas L Nix, Francis M Nix, Edward Nix, Elizabeth Dabney, Cyntha J Jones, my grandson Edward H Peak, son of daughter Susan Peak deceased and to Mercer Rhodes guardian of the children of my daughter Mary Gay deceased as directed in Item 14 making in all eleven shares.

16th Item: I hereby constitute & appoint my trusty & worthy friend Silas Starr Executor of this my last will & testament this January 24th 1850[.]

Edwar [sic] Nix snr [Seal]

Signed sealed declared & published by Edward Nix Senr as his last will and testament in the presence of us the subscribers who subscribed our names hereto in the presence of said testator & of each other this January 24th 1850[.] William D Luckie A W Evans Columbus D Pace

Georgia, Newton County

Whereas I Edward Nix senior did on the 24th day of January 1850 sign seal declare & publish my last will & testament in presence of William D Luckie A W Evans and Columbus D Pace who signed said Will & testament as witnesses and whereas I am desirous of altering & changing a bequest & devise in said will I therefore make and publish this codicil to said will[.]

First I revoke and annul so much of the 15th item of said will as gives to my son Thomas L. Nix an equal portion with my other children in the residuum of my property And I hereby give & bequeath to my grandchildren Thomas E. Nix, Robert F. Nix, Edward L Nix, Cyntha J Nix, McKenaree T Nix, Margaret V Nix, Wyatt R Nix children of said Thomas L Nix the portion of that was willed in said item to my son Thomas L Nix in their own right[.]

Second I hereby constitute & appoint my son Francis M Nix Executor of my last will & testament in place of my friend Silas Starr deceased appointed in the 16th item of said will this 3rd day of June 1859[.]

Edward Nix Sr [Seal]

Signed sealed declared and published by Edward Nix senior as the codicil to his will & testament of the 24th January 1850 in the presence of us subscribers who subscribed our names hereto in the presence of said testator & of each other this 3rd June 1859[.] George A Estes James W Estes A W Evans

Georgia, Newton County Court of Ordinary in vacation

In vacation personally appeared Augustine W Evans who being duly sworn deposeth and saith that he subscribed the within will as a witness & that he saw Wm D Luckie & C D Pace the other subscribing witnesses do so likewise & that he saw Edward Nix Senr sign & publish the same as his last will & testament & that at the time of said signing & publication the said Edward Nix senr in the opinion of deponent was of sound & disposing mind and memory – that he executed the same freely and without compulsion so far as he knows or believes—that they subscribed in the presence of the testator & of each other[.] Sworn to & subscribed before me this 24th day of October 1859 Wm D Luckie Ordinary

Georgia, Newton County Court of Ordinary in vacation

In vacation personally appeared Augustine W Evans and George A Estes who being duly sworn deposeth & saith that they subscribed the codicil, dated the third day of June 1859 to the will of Edward Nix Senior dated the 24th day of January 1850 both on the same sheet, as witnesses--& that they saw James W Estes do so likewise—That they saw Edward Nix Senior sign & publish the same as a Codicil to his said will, & that at the time of said signing & publication the said Testator was, in the opinion of deponents of sound & disposing mind & memory & that he executed the same freely and without compulsion so far as they know or believe—that the witnesses signed in the presence of the testator and of each other. Sworn to & subscribed before me this 25th day of October 1859 A W Evans Wm D Luckie Ordinary G A Estes

Admitted to record November term 1859 Wm D Luckie Ordinary