Will of Joel Early Sr

Date: [unknown] [unknown]
Location: Greene, Georgia, United States
Surnames/tags: Early Slavery black_heritage

WILL OF JOEL EARLY, SR., DATED JULY 8,1806.

I Joel Early of the County of Greene & State of Georgia do make and ordain this to be my last Will & Testament.

1st. I give and devise to my executors herein after named & to their executors in case my executors all die, as Trustees, all the following tracks & parcels of land, to wit all that tract of land containing about fourteen hundred acres, upon the upper part of which Peter Early now lives, bounded by the Oconee river on the east, & by lands of George Mathews on the south, being the whole I own or claim there-

Also Thirteen hundred acres, part of the track I own upon the west bank of the Oconee river opposite to that on which I live, & on which part Jeremiah Early now lives--Also all the track I own on the eastern bank of the Oconee river, including my manor house & plantation; in trust to & for the several uses & trusts, interests & purposes following-- The tract first above named in trust to & for the use & benefit of my son Peter Early until he shall arrive at the age of forty five years; & then to him and his heirs in fee simple--_And the track of thirteen hundred acres second above named, in trust to & for the use and benefit of my son Jeremiah Early until he shall arrive at the age of forty five years, & then to him and his heirs in fee simple — And the last above named tract including my manor house & plantation in trust to & for the use & benefit of my son Joel Early until he shall arrive at the age of forty five years; & to him and his heirs in fee simple---.

2nd, The residue of the tract of land opposite to that on which I live, over & above the thirteen hundred acres thereof herein devised in trust for Jeremiah Early, said residue to be divided from the rest by a line running paralel to the upper line of the whole tract (-----torn cannot be read ),but has to do with Joel when he becomes of age, & the proceeds therefrom divided into three equal parts; one for my son Peter, one for my son Jeremiah to be laid out by my executors in good land, said land to be vested in the Trustees aforesaid, son Jeremiah until he shall arrive at the age of forty five years, & then to him and his heirs in fee simple; and the other one-third of said proceeds to be by said executors laid out also in good land, & said land to be vested in the trustees aforesaid, in trust for my son Joel until he shall arrive at the age of forty five years & then to him & his heirs in fee simple.-- But as the residue herein to be sold, adjoins the tract divided in trust for Jeremiah Early my will is that he have the option of taking & holding the same himself, such option to be determined within twelve months after my death, he paying for two thirds of said residue at the rate of Ten dollars per acre, one half the proceeds to be paid to Peter Early in annual installments of five hundred dollars each, & the other half to be paid by my executors when Joel Early shall arrive at the age of forty five years, & then to him and his heirs in fee simple. —

3rd. To my son Peter I give the following negroes Daniel, Cate, Dorothy, Jinny, Tom & Mime-- To my son Jeremiah I give the following negroes, Violet, Isbel, also Barbary, Flora, Joe & Tiller; to them and their heirs forever. ------

4th, I give and bequathe to the trustees aforesaid, the following negroes, Dinah, Jim, Nell, Tamer, Mary & Critter in trust to & for the use & benefit of all the children which my daughter Polly Watkins now hath, or hereafter may have, until the youngest of said children shall arrive at lawful age, & then to them & their heirs in fee simple.

I also appropriate Two Thousand five hundred dollars in money to be by my executors laid out in good land within the limits of Baldwin county as originally laid off, or part within said limit, & part in that part of Greene south of the Oconee, at the discretion of said executors; said land or lands to be vested in the trustees aforesaid in trust for such children as my said daughter Polly now hath or may hereafter have, until the youngest of said children shall arrive at lawful age, & then to said children & their heirs in fee simple. But it is my will that in case my said daughter shall in the opinion of said trustees be so reduced in her circumstances as to need support & maintainance, then she is to have the use & occupancy of the land & negroes devised in this section, or any part of said land or lands & negroes at the discretion of said Trustees, during her natural life,---

5th,--I give & bequeath to the Trustees aforesaid the following negroes, Esther, Bacchus, Bob, Rachael, Amey, Rose, Hercules, Hannah, Venus, Darby, Cato, Simon, Jane, Fill, & Moll in trust for my daughter Lucy during her natural life; & then to her issue & their heirs in fee simple.- I also appropriate Two Thousand five hundred dollars in money to be by me executors laid out in good land within the limits of Baldwin county as originally laid off; said land to be vested in the Trustees aforesaid in trust for my said daughter Lucy during her natural life & then to her issue & their heirs in fee simple.--

6th, --I give and bequeath to the Trustees aforesaid the following negroes. Roger, Cuff, Esop, Boson, Friday, Jude, Delsa, Haney, Joy's, Edmond, Monday, Queen, Fedillo, Sall, Bet & Phillis in trust for my son Joel until he shall arrive at the age of thirty one years; and then to him & his heir in fee simple.--

7th,--I own unlocated claims to land of kinds & to an amount which I consider of great importance. To these I exhort my executors to pay the utmost attention, directing to prefer the lands if to be had, to any substitutes.--These claims are in part upon the State of Georgia arising from certificates or warrants issued in favour of what were called & known by the name of the State Troops, & in part against the United States, but derived originally under en act of the Legislature of Georgia commonly called the Yazou Law passed in January One Thousand seven hundred & Ninety five. & in the adjustment of the foregoing claims or either of them, it shall become necessary to receive a substitute, I direct that the substitute to be vested in good lands in the country where the claims were to have been respectively laid. And furthermore all & every part of the estate which May be realized from or out of said claims I hereby direct to be vested in the Trustees aforesaid, to and for the following uses purposes that is to say- The claims against the State of Georgia in trust for my children Peter, Jeremiah & Joel & the issue of my daughters Polly & Lucy the issue of each daughter having one share. These estates I direct to continue in said Trustees undivided until Peter Early shall arrive at the age of forty five years, & then to be divided the first into five, & the second into six shares & drawn for by lot for the separate benefit of those intitled, the heirs of my children who may be dead to stand in the place of their ancestor; & the several trusts to expire when each devisee shall arrive at the age of Forty five years & each devisee hold his or her estate in fee simple.---

8th,--In case any devisee of my landed property either now secured, or which may hereafter be secured or realized, shall die before the expiration of the Trusteeship herein fixed to such property respectively, my will is that such Trusteeship continue until the same would have expired had such devisee continued to live.---

9th,---Any negro children born after the date of this Will, I give to such person or persons as may be entitled to the mother thereof.- And should any of the negroes herein bequeathed to my children or in trust for them and their children, died before the expiration of seven years from the date of this Will, then my executors are to supply the deficiency; to provide for which purpose, my executors are authorized and directed immediately after my death to sell the tract of land on which I formerly lived in the County of Wilkes.---

10, --- To my son Eliazer I give nothing. My reasons are, habits of extravagance on his part so deep as to leave no ground to hope for reformation, & repeated acts of pointed disrespect to myself.--

To my son Clement I give nothing. My reasons are, a course of undutiful disobedience on his part followed by deliberate exertion to impair the peace of my declining years.

11, ---In every case where any of my children or grandchildren, devisees or legatees of this will shall die without issue, or have issue & that pass away without issue, all the property herein devised or bequeathed to such child or grandchild shall revert to my estate & be disposed of under the provisions of the next succeeding section.--

12 – Every part or remainder of my estate not herein specifically willed, - every reversion which may exist by virtue of this will, I give in equal portions to my children Peter, Jeremiah, Lucy, Joel, and the issue of my daughter Polly to be divided into five equal parts, & drawn for by Lot for the benefit of those entitled; & if from the proceeds of such dividend there shall be raised either for Lucy or Joel, money to the amount of Two Thousand dollars, I direct my executors to realize the same in negroes or land, for the benefit of him or her entitled,---

13, --I appoint my son Peter & Jeremiah Guardians of the persons & property of my children Lucy & Joel during their minority.---

14, ---My will is that during the minority of my son Joel, my son Jeremiah do live in my mansion house & take the care and management of the buildings plantation & improvements. I direct Joel to live with Jeremiah, & the latter to yield him out of the profits of the farm a sufficient support & sufficient money to give him a course of english education. But Joel is not to be boarded from home. If necessary, a master must be employed to reside in the family. At the age of fifteen years or sooner, he is to be put to manual labour in his own farm with his negroes, so that he may become in reality a practical farmer. In cultivating the farm, the fields must all be rested every other year, & the fencing upset every winter. The apple trees must be trimed every winter, & the ground cultivated every year in Indian Peas. Jeremiah may keep on the place House Servants of his own slaves, but none others. As a compensation for his additional care & the sacrifice of leaving his own home, he is to have all the profits of the place over above what may be necessary for Joel's support & education, & also the residue of the proceeds of the sale of the land in the County of Wilkes, after the expenses herein charged therefrom shall have been defrayed.---

15, --I direct that the provisions of the nineth section of this will for supplying the deficiency which may be created by the death of Negroes, shall not be extended to any case arising after such negroes have been received by the legatee owning the same,-- I also direct that the provisions of the Twelveth Section which directs certain moneys to be realized for my children Lucy & Joel, shall be extended to any monies which may accrue to Polly's children, under the same section.----

- - - - Lastly I constitute & appoint my sons Peter Early, Jeremiah Early & Joel Early together with Davis Gresham, Archibald Gresham & Charles Tait esquires executors of this my last will & Testament.--

In Testimony whereof I have signed my name & affixed my

seal this eighteenth day of July One Thousand Eight hundred & Six;

the erasures in the fifteenth and sixteenth

lines of the --- section were made before signing.

(Signed) Joel Early

Test,--

George Clingan

Daniel Perdue

Thos. Davis

(Some French name)

Benjamin Jepson.

Codicil to the Will of Joel Early

I Joel Early of the County of Greene and the State of Georgia having made my last Will & Testament bearing date of the eighteenth day of July One Thousand eight hundred & Six, do make and ordain the following Codicil thereto.--

1st, --I give & devise to the said named & to their executors in case my executors all die, as Trustees all that tract of land containing between four & five hundred acres originally granted to William Stith for two hundred & thirty acres lying in the County of Greene on the south side of the Oconee river, it being the same whereon William Hammet now lives; in trust to and for the following use, intent and purpose (viz),for the use & benefit of my son Clement Early until he shall arrive at the age of Forty five years, & then to him & his heirs in fee simple.--

2nd, I give and devise to the executors aforesaid and to their executors in case my executors all die as Trustees, all that tract or parcel of land I own on the South Bank of the Oconee river opposite to that on which I live, granted to divers persons, & on the lower part of which Jeremiah Early now lives, in trust to for the several uses & trusts, interests & purposes following--- One equal third part of the upper end thereof to & for the use & benefit of my daughter Polly Watkins during her natural life, & then to her issue in fee simple,-- One other equal third part in the middle thereof to & for the use and benefit of my daughter Lucy Early during her natural life, & then to her issue in fee simple-- And one other equal third part at the lower end thereof to & for the use & benefit of my son Jeremiah Early until he shall arrive at the age of forty five years & then to him & his heirs forever.--

But my will is that in case I purchase any land or lands adjoining the tract above described, that then the land so purchased is to be added to the other the whole divided in three equal parts as above directed.

3rd, I hereby revoke so much of the fourth and fifth sections of my said will, as appropriating Two Thousand five hundred dollars in money to be vested in Land for the (use) of the children of my daughter Polly, & the same sum to be vested in Land for the use of my daughter Lucy during her natural life, & then to her issue & their heirs forever. —

4th, -- In lieu of the negroes Dinah, Jim, Nell, Tama & Mary-------(?) (devised)? in the fourth section of said Will in trust for the use & benefit of the children of my daughter Polly; I give and bequeath to the same Trustees to & for the same use & benefit the following negroes, Bachus, Bob, Rachael, Hercules.-- And in lieu of the said last mentioned five negroes, which were by the fifth section of said Will bequeathed in trust for the use of my daughter Lucy during her natural life & then to her issue & their heirs forever, I give and bequeath to the same Trustees to & for the same uses & benefits, the five negroes first above named to wit, Dinah, Jim, Tamer & Mary.--

5th,--I give & devise to my son Jeremiah Early the tract of Land I own in Wilkes County on which I formerly lived, to him & his heirs forever, as a further compensation for the duties and privations enjoined upon him by the fourteenth section of my Will.

6th,----I hereby revoke the provisions of the eleventh section of my said Will, & in lieu thereof direct, that in every case where any of my children devisors or legatees of my said Will or this codicil thereto, shall died leaving no issue, a11 the property devised or bequeathed to such child or Grand child shall revert to my estate & be disposed of under the provisions of the Twelfth section of said Will.---

In Testimony whereof I have hereunto signed my name &

affixed my seal this tenth day of November one Thousand

eight hundred & Six-the erasures on the second line of

The fourth section being first made.----

(Signed) Joel Early

Test,--

George Clingan

Lucius M

& the same Frenchman who witnessed the will.

(Cop; made by T.B. Rice, Historian for Greene County),

March 12,1940.