WILL

WILLIAM MADDUX

February 7, 1848

Putnam Co., GA

Transcribed by Jerry Mitchell with appreciation

Will Book B, Page 277

In the name of God, Amen, I, William Maddux, being of sound and disposing mind and memory and knowing that it is appointed all men to die make this my last will and testament.

Item 1st I commit my body to the dust and my soul to the God who gave it.

Item 2nd After the payment of my just debts I will and ordain that my property both real and personal should be distributed, will go in the following way.

I will, devise and bequeath unto my executors hereinafter named in trust for the sole and separate use of Nancy Britt my daughter, wife of William R. Britt and her children a negro woman Naraika and her children the names of which I do not now recollect and I further give, devise and bequeath unto the children of my said daughter one thousand dollars to be divided equally between them the so as to be kept in the hands of my executors and by them shared out at interest and each of the said children as he or she may marry or come of age to so use! his (?stated?) share of the said sum so bequeathed from my executors.

Item 3rd give, devise and bequeath unto my executors in trust for the sole and separate use of my daughter Permelia Adaline Flake, wife of William of William Green Flake and her children the following property to wit negro woman Mary and her children names not recollected. I further give, devise and bequeath unto my executors in trust for the children of my daughter Permelia Adeline Flake one thousand dollars under the same limitations, qualifications and conditions and subject to the same rule of distribution amongst ____________ specified more particularly in a similar bequest on the other ____________ share to the children of my daughter Mrs. Britt.

Item 4th I give, devise and bequeath unto John B. Luckey in trust for my two grandchildren Sarah Elizabeth Luckey and James Luckey the following named negroes Nancy _____________old Cindy __________ old Joana ___________old and I further give and bequeath unto my executors interest for said Sarah Elizabeth Luckey and James M. Luckey three thousand dollars subject to the same conditions and to be distributed according to the same rule specified for the distribution of the negroes already mentioned in items 2nd and 3rd .

Item 5th The negroes mentioned in the 2nd item are now in the possession of William R. Britt, those mentioned in the 3rd item are now in the possession of William G. Flake and those mentioned in the 4th item are in the possession of John B. Luckey, those things I mention to avoid misconstruction the said negroes having beeen loaned by me to the several persons respectively in whose possession they are.

Item 6th I give, devise and bequeath unto my wife Sarah Maddux, my daughter Sarah C. Maddux, William C. Maddux my son, my son James M. Maddux and John Z. Maddux the residue of my estate both real and personal to be equally divided between them share and share alike subject however to a charge before distribution for the education and maintenance of my son John and collegiate education if John should __________ _________

…and I hereby make, constitute and appoint William C. Maddux and James M. Maddux executors of this my last will and testament to carry it into execution and hereby make all former wills ________ _______ I have hereunto set my hand and seal the 7th February 1848.

/signed/ William Maddux {seal}

Signed, sealed, published and declared by the above named William Maddux as his last will and testament in our presence who have hereunto subscribed our names as witnesses thereto and in presence of said testator and in presence of each other.

James Mingfield

William Maddux
James Vial
Joel Branham

Signed, sealed, published and declared in presence of William Maddux the testator and in the presence of each other.

James Mingfield

William Maddux
James Vial
Joel Branham

***********

Georgia, Putnam County: Personally came before me Joel Branham one of the subscribing witnesses to the foregoing will of William Maddux dec'd who being duly sworn says that he saw the testator William Maddux subscribe the same for and as his last will and testament that he and the other witnesses subscribed the same in presence and in the presence of each other and that at the time of the of the doing was of the said testator was of sound and disposing mind and memory. Sworn to and subscribed before me this 7th (or 9th) July 1855.

Joel Branham
William B. Caster, Ordinary

Wherefore the forgoing wil of William Maddux dec'd is referred to the next regular term of court for (1 word blurred).

W. B. Caster, Ordinary

Ordered to be recorded July Term 1855
W. B. Caster, Ordinary"

Will probated July 9, 1855.