Wills: Hancock County, Will of Presley Harper
WILL OF PRESLEY HARPER Hancock County, Georgia November 18, 1848
Georgia Hancock County
Know all men by these presents that I Presley Harper of the county & state aforesaid desiring to make a deposition of what property with which I have been blessed do make & publish the following as my last will and testament. Item 1. I desire that after my death my executors have my body intered by the side of my deceased wife in a decent manner. Item 2. It is my will and desire that all my property be kept together by my executors for the common benefit of all my children until my daughter arrives at lawful age or marries at which time I wish my executors to turn over to her (if she should be married, and if she should not be married but twenty one years of age she is to be at liberty to let her share remain as before until she shall otherwise desire) one childs part of all my estate except my land. Item 3rd The balance of my property I wish kept together for the common benefit of my other children until my eldest son becomes of age, when I wish my land divided between all my children including my daughter. My oldest son to receive his portion of the land & his portion of the balance of the estate. Item 4th. When my land is divided as above contemplated, it is my desire that my executors exercise a sound discretion as to whether they will continue to work the balance of my property on the two shares of land of my two younger children or hire out the negroes but I require that the negroes of my two younger sons be not divided until my third child becomes of age when my third child becomes of age he to receive an equal share of land & negroes & other estate. Item 5th. It is my will and desire that the property herein designated for my daughter Sarah Ann Elizabeth Harper be given to her sole and separate use during life, free from the control or marital rights of any husband she may have. After her death, should she die leaving child or children then to such child or children or representative of my children absolutely, should she die leaving a husband & without child or children or representative of children then one half to her husband absolutely, and the balance to return back to my estate. Should she die under the age of twenty one years without any husband or child or children then the whole to return back to my estate to be divided between her brothers. Should she die over twenty one years of age & without husband or child or children she is to be at liberty to dispose of her share by her last will and testament. Item 6th. Lest any doubts may arise as to my intention, the first object I have in making this will is to secure my daughters share free from the marital rights of any husband & to make all my children, Sarah A. E., Wilkins J., Francis M. & Alfred P. Harper as nearly equal as practicable that my daughter shall be at liberty to draw out her share except of the land at marriage or lawful age that each of my sons shall draw his share at lawful age, that my daughter is to be postponed in getting her share of the land only until my eldest son becomes of age. Item 7. It is my will and desire that my executors will give all my children as good an education as my estate will warrant having regard to their future prospects in life and that the expenses be paid for out of the common stock remaining together at the time of such expense. Item 8th. I nominate constitute and appoint Wyatt Harper, John C. Harper & Fayette Ingram executors to this my last will & testament hereby revoking all former wills by me made. Given under my hand this 18th day of Nov. 1848 Signed & published inour presence & by us in presence of testator & each other. Frances M. Lawson A. E. Gardner Prestley Harper Henry Rogers
August 17, 1850
In addition to the above disposition and arrangement of my worldly affairs and effects I will and desire that my son in law George W. Burton who has intermarried with my daughter Sarah Ann Elizabeth become at my death one of the executors of the above last will and testament. It is also my request that he (George W. Burton) remain upon my estate until my eldest son becomes of age.
E. S. Barnes William Larson Prestley Harper Wilson Bird
Codicil to this my last will & testament
To make the meaning and intention of the addition to my will plain & explicit. After my death I desire my executors to employ a good overseer each year. I desire my son in law to remain as one of the family and on the farm to work the negroes of my daughter on the farm with the property of my other children at the end of each year to draw out one fourth of the nett profits, the three fourths parts to be kept for my other children, my daughter & son in law paying us board or rent and charging nothing against the common property for services, my object being to make all as one family until my eldest son becomes of age, not however compelling my son in law to remain but leaving him at liberty to draw the share of my daughter as designated in the body of my will & under the limitations specified. Signed sealed & published. this 10th day of September 1850 Jas. Thomas Prestley Harper Wilkins J. Harton R. M. Johnston ____________________________________________________________
The last will and testament and codicil of Presley Harper late of this county deceased being produced in court by Wyatt Harper, George W. Burton, Lafayette Ingram and John C. Harper, the nominated executors thereof and the due and legal execution thereof and the competency of the testator being proved to the satisfaction of the court by the evidence of Henry Rogers, Francis M. Lawson, William Warren & Richard M. Johnston the subscribing witnesses it is adjudged that said will is proven and that it be seen decd as the last will & testament and codicils of Presley Harper deceased and further that the nominated executors be qualified as such. Whereupon George W. Burton & Lafayette Ingram two of the nominated executors appeared personally in open court & have qualified as executors of said last will and testament of said deceased reserving the right of John C. Harper and Wyatt Harper to qualify hereafter.