Will of Thomas Johnson Winston

Date: 27 Feb 1855 to 27 Feb 1855
Location: Troup, Georgia, United States
Surnames/tags: Winston Slavery black_heritage

I Thomas Winston of Troup County and state of Georgia make this my last will and testament in manner and form following.

1st It is my will and desire that all my just debts be paid.

2nd I give to my beloved wife Susan, the following Slaves in fee simple. To wit, Old Peter, James, Lotty and her son Johnson, Cherry and her son, Ellick, Nimrod, Caroline together with all her present and future increase, Barbara together with all her present and future increase. Those slaves came by her, and I wish her to have them again to dispose of as she may desire.

I also give her one half of my Stock of cattle Sheep and Hogs Six choice mules and two horses and carriage, as many Plantation Tools and as much provisions as she may think proper to keep together with all my household and Kitchen furniture in fee simple. I also wish her to retain the procession of the following Slaves during her natural life To wit, Moses and Agnes and their two youngest children James the Blacksmith and Nelson, the Carriage driver, and after her death dispose of as I may hereafter dictate.

I also give her in fee Simple, All the land I own in Chambers County, Alabama, known as the Big Spring Place, or Tract, containing three hundred and twenty acres, more or less. I also leave to her the entire Tract of land whereon I now Reside embracing Ten Lots, To be used as she may desire, so long as she lives, and after her death to be disposed of as I may hereafter direct.

3rd I have years ago given to Martha Ann Hill and her heirs, my wife's niece, whom she raised, a woman by the name of Jenny and all her increase.

4th I have given to Mercy Ann Winston Widow to my Son John Winston - Fleming a man, and Amelia a woman together with all her increase which is all I intend to give her.

5th It is my will and desire, that all my Estate both Real and personal, not otherwise disposed of, in this my last will and testament should be disposed of in the following manner To wit The Slaves to be lotted off and drawn for by Joseph B Winston, Dr Alexander Means, Thomas J Winston, George H Winston, and the heirs of my deceased daughter Mary J Erwin. To Wit, Thomas J Erwin and Sarah H. E. Erwin and should either of those die without leaving lawful issue, then the survivor to heir the property, - and should both of them die without lawful issue, then in that case I wish the property equally divided among my other children.

6th It is my Will that Slaves willed to my wife during her natural life should be equally divided among all my legatees under the same regulations as above. I also wish all my Estate both Real and Personal, not otherwise disposed of, Sold at the discretion of my after named Executors, and to be equally divided amongst all my Legatees as above.

7th Item and lastly I appoint my Wife Susan my Executrix Thomas J Winston and George H Winston my Executors to carry into effect this my last Will and Testament.

Given under my hand and Seal , This 27th day of Feb A.D. 1855 Thomas Winston {seal}

(Witness) A. F. Kendrick E. L. Whitaker John C Whitner

I desire that my Slaves be accommodated as far as practicable by placing the families together.

Thomas Winston

The State of Georgia Group County

Court of Ordinary, February Term 1865. H. F. Kendrick personally comes before me in The Open Court and being fully Sworn Says that he saw Thomas Winston Sign the within as his last Will and Testament while of disposing mind, and memory. That he witnessed in the special instance and request of Testator that he saw E. L. Whitaker and John C. Whitner sign the Same as witnesses in the presence of Testator, and of each other and that the Same was executed voluntarily by him on the day it purports to have been done.

H.F. Kendrick

Sworn and Subscribe before me in Open Court

L Ditts Ordinary

State of Georgia Troup County

Court of Ordinary, February Term A.D. 1865

The Last Will and Testament of Thomas Winston late of Said County dec'd having been propounded in Open Court for Probate by his Executors George H Winston and Thomas J Winston and the same being Satisfactorily proven by the Testimony of H. F. Kendricks one of the witnesses to Said Will it is ordered by the court that Said last Will and Testament be admitted to record and that the Said Executors have leave to qualify as Executors of Said Will and upon so doing that letters Testamentary do issue to them.

LPitts Ordinary

Sources

Note this will was probated in both Troup County Georgia, and Chambers County, Alabama.

Handwritten copy of will filed under name of wife Alabama, U.S., Wills and Probate Records, 1753-1999 for Susan Winston, Chambers, Will Records, Vol 3, 1856-1899 [1]

Another handwritten copy is in image 984 of the following Alabama, U.S., Wills and Probate Records, 1753-1999 Chambers, Probate Estate Case Records, Chambers County, Willoughy, Jesse - Wood, Martha A, 1832-1915 [2]