Will of Moses Butt, 1848

Date: [unknown] [unknown]
Location: [unknown]

This is the transcribed of the original Will and Codicil of Moses Butt of Columbus, Georgia. The Will was written 14 Jan 1848. The Codicil was written on 26 Feb 1848. Both the Will and Codicil were proved on 1 May 1848.^[1]

The image quality was fair and the handwriting very legible.
Spelling, punctuation and line breaks are as per the original document.
Crossings through have been included struck out
Paragraph breaks at change of bequest, and bold text are my own for ease of reading.
When possible, I included the completion of the word, if missing, in [square brackets].
If you see just the square brackets with a space, there is a word or words missing.

Persons Mentioned:

• Moses Butt, Testator
• Frederick A Butt, Testator's son
• William B Butt, Testator's son
• John H Butt, Testator's son. Executor, Trustee for Mary Virginia, Georgia P, Moses, Willis B & James E. Butt
• John Russell, enslaved person
• Tempy, enslaved person
• Unnamed child, enslaved person, child of Tempy
• Unnamed child, enslaved person, child of Tempy
• Isabella, enslaved person
• Alfred, enslaved person
• Richard L Butt, Testator's son
• Jerry Smith, enslaved person
• July Ann, enslaved person
• Unnamed child, enslaved person, child of July Ann
• Unnamed child, enslaved person, child of July Ann
• Abram, enslaved person
• Sarah A King, Testator's daughter
• Charles, enslaved person
• Fanny, enslaved person
• Unnamed child, enslaved person, child of Fanny
• Unnamed child, enslaved person, child of Fanny
• Unnamed child, enslaved person, child of Fanny
• Unnamed child, enslaved person, child of Fanny
• Mary Virginia Butt, Testator's daughter
• Howell, enslaved person
• Penny, enslaved person
• Unnamed child, enslaved person, child of Penny
• Unnamed child, enslaved person, child of Penny
• Unnamed child, enslaved person, child of Penny
• Unnamed child, enslaved person, child of Penny
• Harvey King, Testator's son-in-law
• Priscilla Butt, Testator's wife
• Georgia P Butt, Testator's daughter, under age 21
• Moses Butt, Testator's son, under age 21
• Willis B Butt, Testator's son, under age 21
• James E Butt, Testator's son, under age 21
• James Banks, Executor
• D F Wilcox, witness
• Brad Layman, witness
• Madison S Patterson, witness
• Ann, enslaved person
• Elizabeth, enslaved person

---

Moses Butt's Will
Columbus January 14^th 1848
Knowing the uncertainty of life & certainty of death and being now of
sound mind though labouring under bodily affliction & feeling the
necesity of disposing of my worldly effects I do make this my
last will & Testament viz I will to my son Frederick A Butt fifty dol-
lars out of the notes I hold on him having formerly given him
his share of my estate

I will to my son William B Butt one half of the net profits of
certain lots of land under his control two of the lots being deed-
ed to him & the others to me he having primarily received his
share of my estate

I will to my son John H Butt six negros viz John Russell,
Tempy & her two children with her increase, Isabella & Alfred

I will to son Richard L Butt five negros viz Jerry Smith, July Ann
and her two children & her increase and Abram

I will to my daughter Sarah A King six negros viz Charles, Fanny
and her four children with her increase

I will to my son John H Butt Trustee for my daughter Mary V
Butt in trust for her sole & separate use benefit & behest six
negros vix Howell, Penny & her four children with her increase and
Five Hundred dollars in cash

I further will to John Henry, Richard L. & Sarah A King & John H Trustee as
aforesaid for Mary V. the following lots of land and in the following
manner all my lands in the State of Alabama (except my plantation
near Eamoin containing eight Hundred & eighty acres more or less) being
twenty three hundred & twenty acres more or less and in this state
one lot of land in Carroll County, north district one lot in
Murray County thirteenth district & third section One hundred and
seventy two acres in Habblesham County more or less, thirteenth
district one lot of land in Hearns County, sixteenth district and
do hereby appoint Harvey King and give him full authority
to sell the Alabama lands at his discretion and John H Butt
the lands in Georgia and the proceeds to be divided as follows
John H to have one Thousand dollars Sarah A & John H Trustee
as aforesaid to have Five Hundred dollars each the remaining
proceeds to be equally divided between John H, Richard L
Sarah A & John H Trustee as aforesaid. The balance of my
estate to be disposed of after paying my debts I will that
my wife Priscilla Butt John H Trustee for Georgia P in trust
for her sole & separate use benefit & behest Moses & Willis B
and James E to be kept together to raise and educate said
four children but maintained till either shall marry or arrive
to the age of twenty one then such are to receive a share
of said percentages, & so as till all receive their shares & that
share to be estimated by my executor and in the account
that anyone of my children should die before attaining to
years of maturity the property of each one as and is to be equally
divided between my legatees and I further will that my executor
may sell or buy of the property allocated to my wife Priscilla, John
H trustee for Georgia P, Moses E, Willis B & James E at their discretion
for the benefit of the above named heirs in trust it be added
to or paid out of said joint property

<page 2>

I hereby appoint John Banks and my son John H Butt Exec-
utors of this my last will and testament

Moses Butt
Signed in the presence of
D F Willcox
Brad Layman
M S Patterson

February 26th 1848

Feeling that death is approaching and not being altogether satisfied
with the will that I have made I make this my Codicil viz I give
in addition to the property will to my daughter Sarah King a
negro girl now in her possession by the name of Ann

I also give to John H Butt Trustee for my daughter Mary Virginia
a negro girl named Elizabeth

Moses Butt

Georgia
Muscogee County
County of Ordinary May Term 1848

The within last will & Testament of Moses
Butt deceased was presented in open court & proved in com-
mon form of law to the satisfaction of the court an[d] the
Oath of Madison S Patterson one of the subscribing witnesses
as to the said will and it was ordered by the court that
the same be admitted to record May 1^st 1848
Jus Johnson M.C.D

Georgia
Muscogee County
Court of Ordinary May Term 1848
The annexed Codicil to the last will and
testament of Moses Butt deceased was presented in open
Court & proven to the satisfaction of the Court upon the
Oath of John Banks & it was ordered by the court that
the same be admitted to record May 1^st 1848
Jus Johnson C.C.D.

Sources

1. ↑ "Georgia Probate Records, 1742-1990," database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-G93B-R4TY?cc=1999178&wc=9SBX-3TP%3A267728701%2C267768701 : 20 May 2014), Muscogee > Wills 1834-1891 vol A-C > images 67-68 of 551; citing various county, district, and probate courts.