Location: Madison County, Georgia
Surnames/tags: Towns Wills_and_Deeds Georgia
|Will of James Towns|
Last Will and Testament of James Towns
State of Georgia
In the name of God. Amen. I, James Towns, of the County of Madison and State aforesaid, being in good health of body and of sound and disposing mind and memory do make and publish this my last Will and Testament.
1st, I give and bequeath, under the following conditions and restrictions, the whole of my Estate both real and personal, except my negro man named Sandy, to my children and grandchildren to be equally divided between those now living and the children of those dead, so that the grandchildren shall only be entitled to the shares of their parents and that the notes, with interest thereon due by my children, whether living or dead. Though the same shall be barred by lapse of time, shall be taken and considered as a part of my Estate and shall be deducted from the share of those of my children who may be indebted to me by said Notes.
2nd, I give and bequeath to my son, John W. Towns, Willis Towns and Benjamin Towns their shares of my estate absolutely; but the shares of the children of my son Drury Towns, deceased; and of the children of Elizabeth Matthews, deceased the wife of Phineas Matthews, I leave to my sons John W. Towns and Benjamin Towns in trust for the use and benefit of said children.
3rd, I give and bequeath to the said John W. Towns and Benjamin Towns the share of my daughter Martha Williford to be held for her sole use and benefit and not to be under the control or direction of her husband Samuel Williford.
4th, I give and bequeath to the said John W. Towns and Benjamin Towns, the share of James Towns for the use and benefit of his children and not be subjected to the payment of the debts of the said James Towns.
5, my negro man Sandy is to remain with and to serve my sons, John W. Towns and Benjamin Towns. Requesting them to protect him and to use him kindly in consideration of his faithful service to me.
6, I do hereby constitute and appoint my sons, John W. Towns and Benjamin Towns executors o this my last will and testament.
In witness whereof, I the said James Towns have to this my will and testament set my hand and seal this eighteenth day of April in the year eighteen hundred and thirty nine.
Signed, sealed and published and declared by the said James Towns as his last will and testament in the presence of us who in his presence, and at his request have hereunto set our names as witness.
Georgia, Madison County, Inferior Court - sitting for Ordinary Purposes
In open Court - Personally appeared John Kirkpatrick who being duly sworn said that he saw James Towns sign the above instrument for the purposes therein named declaring it to be his last Will and Testament and that he believed the said James Towns at the time to be of sound and disposing mind and memory, that this deponent signed the same as a witness and saw Charles Kenney & Ed: Harden do so likewise.
Sworn & subscribed to in Open Court this 8 Jan.y 1844 Iona: Sanders C.C.O.
Recorded this 9th January 1844. Iona: Sanders C.C.O.
Georgia, Wills and Probate Records, 1742-1992: Madison Will Records, 1811-1922 Pgs 8-9, James Towns, 18 Apr 1839. Author: Georgia. Court of Ordinary (Madison County); Probate Place: Madison, Georgia. Source Information - Ancestry.com. Georgia, Wills and Probate Records, 1742-1992 database on-line. Provo, UT, USA: Ancestry.com Operations, Inc., 2015. Original data: Georgia County, District and Probate Courts. entry record for James Towns, 1839.