Thursday, August 21, 2008
* Mims, Williamson, Houston Co., GA 1863
In the name of God. Amen. I Williamson Mims of the State of Georgia and County of Houston - being in feeble health but of sound and disposing mind and memory taking into consideration the frailty of human nature and knowing that it is appointed for all men once to die do hereby make, ordain, promulgate and establish this my last will and testament.
Item 1 - My body, I commit to the dust hoping that my family and friends will give it a decent burial, and my soul I commit to God who gave it trusting in the merits of Christ for happiness and bliss in the world to come.
Item 2 - As soon after my death as possible I wish my executors hereinafter named to pay all the just debts I may owe at the time of my death.
Item 3- I give and bequeath to beloved wife Synthia Mims the place and plantation on which I live in Houston County including my mills on Mossy Creek, amounting to some 1500 acres through which plantation the South Western Rail Road runs, except that part of said plantation which lies between Fort Valley in said county and a certain hollow between my residence and Fort Valley and across which hollow or low ground there is a bridge on the road not far from the end my lane on the road to Fort Valley, and all my household and kitchen furniture - all my farming utensils, horses, mules, hogs, cattle and sheep, corn, meat and everything else on said plantation and attached thereto used and kept thereon, also my man Carter (a miller) and his wife Biddy and their children Rilbin - Georgia Ann and Ted - my negro woman Caroline and her four children Laura - Conso - Anna - Victoria - my man John (a carpenter) my negro woman Harriet (called Harriet Hall) my man Alexander (my Sawyer) my boy Arnold - my boy Anthony - my man Jack (stock haller) my man Big Ben and his wife Roda and their children George and Audisson - and my Negro woman Martha (Jack's wife) - and my old negroes to be taken care of by my wife. Tom, Violet and Creasy. And also my old negro woman Susan (a cook) and my boy Billy (workman John's son) old Lila - Hardy - Louisa Ann (weaver) Big Dave (Peavy) little Alexander - little Ann Handy - Harry - John - (Anderson) - Clem - little Patsie and Hines.
Item 4 - I give to my beloved daughter Epsey Brown for and during her natural life and at her death to be equally divided among her children that may survive her the following property to wit Lucinday - Mary - their children that they may hereafter have, the two negroes Lucinday and Mary and Mary's children she now has being already in the possession of my said daughter Epsey - and also little Jim, girl Melissa and my girl Adaline - (Munroe) John.
Item 5 - I give and bequeath to my grandson Derry Peavy my negro woman Jordina and her only child an infant yet without a name - and my negro boy Charley, having already given to my grand sons Charles Peavy and William Peavy eight hundred dollars each - I now give to Charles Peavy my Negro girl Hannah and to Wm Peavy my girl big Adaline - and I give to my grandson Micajah Peavy my negro girl Matilda my negro boy Hiram - and to my grand daughter Synthia Ann Pearce to whom I have before given a Negro girl - I give and bequeath my negro woman Yellow Martha and her child Missoura and to my four last mentioned grand children I give my man Addison.
Item 6 - I have heretofore given to my son Robert L. Mims a considerable portion of property - and I therefore now give to his child Mira L. Mims one hundred dollars in cash only and my girl Catharine.
Item 7- I give and bequeath to my daughter Sarah Ann Braswell for and during her natural life and at her death to be equally divided between her children that may survive her the following property to wit - that portion of the land and plantation on which I now live and not herein before given to my wife and which lies and is situated between Fort Valley and a hollow or low grounds on the road from my house to Fort Valley not far from the end of the lane and where there is a bridge across said hollow or low grounds - and which contains some three hundred acres of land more or less and on which, my said daughter now lives - and also my negro woman Julia and her children Catharine - Edmund - Bruce and Susan - already in her possession - and also my negroes Simon Burrel and Allen - to the last three negroes I have heretofore made her a total which I now again hereby ratify and confirm. I also give her my negro woman Harriet (Thiveat) and man Augustus.
Item 8 - I have heretofore given to my son James E. T. Mims a considerable portion of my property and I now give to his four children that survive him the following property only - to wit my negro woman Lotty and her child Louisa (Ivee) and Binah - and man Riddick.
Item 9 - I have heretofore given to my daughter Elizabeth Matildey Bryan and secure it to her by a deed of trust to Dr Austin a considerable portion of my estate and I therefore make no further provs. for her in this my last will and testament except to express the wish that the said provision for my said daughter should be well taken care of for her and her use.
Item 10 - I give and bequeath to my son Wm H. Mims my boy Henry, my woman Amanda and her two children Catharine and Emma already in his possession and little Bob and one half of my lands and mills in Dooly County, the other half of said mills and lands in Dooly County I give and bequeath to my son Seaborn S. Mims to be equally and equitably divided between my said two sons - and I also give to my son Wm. H. Mims one thousand dollars in cash or my negro man big Bill whichever he may prefer, he to make his election as to the thousand dollars or said negro Bill soon as this my will is proven and admitted to record after my death and also I give him my woman Joannah and my negro John (Lochett) and little Sam.
Item 11 - I give and bequeath to my son Seaborn S. Mims my negro Dave (Johnson) Wesly, Young Susan already in his possession and having heretofore given him three thousand dollars in cash and in this will half my Dooly lands and mills I make no further provision for him in this item of my will except I give him little Ben, and big Jim - negro woman Emily.
Item 12 - I give and bequeath to my daughter Mary Frances Hightower for and during her natural life and at her death to be equally divided between her children that may survive her the following property - to wit my Negro woman Martha and her three children Hardy - Calvin and Catharine and my negro woman Sally - her child Amanda girl Melinda already in her possession and the land - some three hundred acres on which she and her husband now lives - this land to include the place on which John J. Bryan recently lived - my man Sampson and my negro woman Vicey & my boy Oran - my boy Green.
Item 13 - I wish my Executors to pay in cash as soon after, my death as possible to Dr Austin turn over to him as trustee of my daughter Elizabeth Matildy Bryan the property and money in which he already has a trust deed - or to turn it over to whoever may be her trustee at the time of my death or thereafter appointed.
Item 14 - All the money I may have on hand at the time of my death and all the money that may be due and owing to me at that time - after paying the legacies herein before provided and given together with all the Negroes and other property and effects that I have not herein disposed of and which I may have or own at the time of my death together with all my rail road and other stock - I give and bequeath to my beloved wife - out of this money and these notes I wish all my just debts to be paid.
Item 15 - If either of my daughters should depart this life leaving no child or children surviving them then the property herein given to them I wish to be equally divided between their brothers and sisters other children -surviving them and my grand children of my deceased children each family of grand children representing their deceased parents.
Item 16 - I do hereby nominate constitute and appoint my trusty friends Miles L. Green & Peter W. Gray the Executors of my last will and testament. In witness whereof I have hereunto set my hand and my seal this 24 April 1863. Williamson ( me ) Mims (Seal)
The following will of Williamson Mims signed by him freely voluntarily and of his own accord and when he was of sound mind and memory - and in the presence of each of us and we and each of us subscribed the same as witness at his instance and request and in his presence and in the presence of each other - 24 April 1863. Eli Warren, John Jackson, Josia A.Wright.