SEQ CHAPTER \h \r 1Will of Sampson Sosbee 1863.
State of Georgia,
Banks County.
In the name of Almighty God, Amen, I Sampson Sosbee of
said State & County being of advanced age & knowing that I must shortly
depart this life deem it right & proper both as respects to my family &
myself that I should make a disposition of the property with which a kind
providence has blessed, do therefore make this my last Will & Testament
hereby revoking all others made by me heretofore.
1st Item.
I desire & direct that my body be buried in a decent & christian
like manner suitable to my circumstances & condition in life. My sould [sic] I trust shall return to rest
with God who gave it as I hope for eternal salvation through the merits &
attonement [sic] of the blessed Lord & Saviour Jesus Christ, whoes [sic]
religion I have professed & as I humbly trust enjoyed for Forty four years.
2nd Item.
I desire & direct that all my just debts be paid without by my
executors hereinafter appointed as I am unwilling my creditors should be
delayed in their rights especially as there [is] no necesity for delay.
3rd Item. I give and bequeath to my beloved
wife Elizabeth with whom I have lived in the strictest quiet for Fifty Seven
Years to have & to hold for & during her natural life for own use &
benefit part of lot of land No. 104 in eleventh Dist. of Habersham County
containing one hundred Acres about Five acres of which are now in cultivation. I also give & bequeath to my beloved wife
in the same manner a part of lot No. 105 in the eleventh Dist. of Habersham
County containing one hundred seventy acres about Eight acres of which are now in
cultivated. I also give to my beloved
wife one horse, one cow, one calf, one sow & eight pigs, two fatning [sic]
hogs, all my farming utensils, kitchen household & furniture etc. belonging
to me. I also give & bequeath to my
beloved wife $130.00 cash & cash notes due of $586.84 cs. The residue of my property whether real or
personal is hereby bequeathed in the same manner to my beloved Wife Elizabeth
for her own personal use during her natural life.
4th Item.
After the death of my beloved Wife Elizabeth it is my desire that all
the property held or possessed by her be sold & equally divided among my
children after each faithfully accounts who what the [they] have received from
me (Viz) Lucinda, Pheby, Solomon, Mary, Elias, Noah, Malssy [Malissy], Sampson
E., Caloway, Sarah, also that my grand
daughter Georgia Cincinatia daughter of
Sarah have Fifty Dollars.
5th Item.
I hereby constitute & appoint my Sons Elias & Noah Executors of
my last Will & Testament this March 26th 1863.
Signed and Sealed: Sampson Sosbee
Signed, sealed, declared & publish by Sampson Sosbee
as his last will and testament in presents of us the subscribers who subscribed
our names hereto in the presents of the said testator (at his special instance
& request) and of each other.
This May 26th 1863.
Signed: John Sheridan, J. E. Willis, W. G. Scales.
Banks Court of Ordinary July term 1863.
The Will of Sampson Sosbee being produced in open
Court for probate by the Executor, who has filed his petition to prove the same
& the witnesses to said Will, John Sheridan & W. G Scales, having
subscribed to the following affidavit, endorsed said Will. July term 1863 of Banks Court of Ordinary,
came into open Court of this regular term of the Court of Ordinary, John
Sheridan & W. G. Scales & being duly sworn depose that they saw Sampson
Sosbee sign & publish the within as his last will and testament while of
sound & disposing mind: that they witnesses the same for him at his request
& in presents of each other and that the same was executed voluntary by
him, on the day it purports to have been executed.
Signed: John Sheridan, William G. Scales
Sworn to & subscribed before me in open Court,
July Term 1863. [no signature of Ordinary]
Ordered that the Will be admitted to record as
satisfactorily proven, in common form & that the executor, Elias Sosbee,
have leave to qualify & upon doing so that letters testamentary issue to
him.
Recorded July 1st 1863.
Georgia, Banks County.
To the honorable the Court of ordinary of said
county. The petition of Elias Soesbee
and Noah Soesbee executors of the last will & testament of Sampson Soesbee
late of said County, deceased, showeth that they are the dully [sic] appointed
Executors of the will of the said Sampson Soesbee deceased and the last will of
the said Sampson Soesbee having been duly proven and admitted to record we
therefore pray your honor to grant Letter of Appraisement to be directed to
five discreet & proper persons authorizing them to appraise said estate and
make a return thereof. This July 6th
1863. D. G. Candler, Attny. for
Petitioners
Georgia, Banks County.
To the honorable the Court of ordinary of said
County. The petition of Elias Soesbee
and Noah Soesbee Executors of the last will and testament of Sampson Soesbee
late of said Coutny deceased Respectfully showeth that said Sampson Soesbee
departed this life testate on the 4th day of June 1863 leaving a
considerable estate which he had disposed of by his last will and testament and
by which said will your petitioner[s] were duly appointed Executrors And when
dais will is now in court to be propounded for probate. We therefor petition your honor that said
Will be duly proven and admited to Record.
And your petitioner will ever pray etc.
July 6th, 1863 D. G. Candler, Attny. for
Petitioners.
[Effort was made to retain the original spellings and
grammar of the document.]
Source: Will Book A, page 40, Probate Court, Homer,
Banks County, Georgia.
Transcribed 2006 by Jacqueline King