Fayette County, GA Wills & Probate Records -

Source: Fayette County, GA Will Book A, Pages 136-138
Written: November 28 1851
Recorded: May 9 1855

Fayette County, GA
Will Book A, Page 136-138

State of Georgia } In the name of God Amen I Mary McLain of said state and county deem it right and proper  Fayette County} both as respects my relations and my self that I should make a disposition of the property with which a kind providence has blessed me, I do therefore make this my Last Will and Testament hereby revoking all others heretofore made by me.

1st Item. I desire and direct that my body be buried in a decent and Christian like manner suitable to my circumstances and condition in life . Manner suitable to my circumstances and my condition in life, my soul I trust shall return to rest with God who gave it.

2nd Item. I Desire and direct that all my just debts be paid.

3rd Item. I Give and bequeath and devise to my neice Rachel M. Prestly three hundred & fifty Dollars and further I bequeath my bed and bed stead and furniture and her own bed and stead and furniture that I made for her and
beauro and cow and calf and ten hogs and four sheep that she now claims and my loom and wheel and cards and one common size chest.

4th Item. I leave and bequeath to my sister Ann Pearson my large chest.

5th Item. I leave and bequeath to my brother John McLain my fine folding table.

6th Item. The remainder of the house hold property consisting of books beds and furniture I allow to be equally divided among my sisters and brother the part that comes to what was Elizabeth L. Reeves, deceased to be equally divided with Mary Jane Reeves and Elizabeth Ann Reeves & Oliver A. Reeves they being children of Elizabeth L. Reeves, deceased.

7th Item. And further I allow the remainder of my property consisting of Land and one Slave named Anthony and horses and cows and all the other property not bequeathed in this will to be sold and the money arising from the sail to be equally divided among my sisters and brother with the exception following to wit the seventh part of the money arising from the above sale, I give and bequeath to my sister Linsey wife of Miles Ward for her sole and special use for and during her natural life free and exempt from the debts and ?atititus of her present husband and at her death to do with it as she pleases, and the part that is coming to sister Martha Moses there has to be one hundred Dollars to be retained out of it and given to John McLain and twenty five dollars has to be retained out of said Martha Moses' part and given to Ann Pearsons and the remainder to be (equally) given to the heirs of her body and also there has to be seventy five dollars retained out of the part going to Sister Duffell and given to Ann Pearson and the remainder to go to the heirs of her body. And the part that is going to Elizabeth L. Reeves deceased I allow to be equally divided with Mary L. Reeves and Oliver A. Reeves and Elizabeth Ann Reeves.
9th Item. I hereby constitute and appoint Sister Ann Person and Allen Reeves Executors of this my last Will and testament this November 28th A.D. 1851.

Mary (her X mark) McLain

Signed Sealed delivered and published by Mary McLain as her last will and testament in presence of us the subscribed who subscribe our names hereto in presence of said testator at her special instance and request and of each other this 28th November A. D. 1851
John M. Pearson L. W. Presley
John C. Brassell

Georgia} Before Jesse L. Blalock Ordinary in and for said county at the regular term of the court personally came Fayette County} Oliver M. Pearson and produced before me the last will and testament of Mary McLain late of
said county deceased and two of the witnesses of said will viz John C. Brassell and Larkin W. Presly which witnesses being duly sworn depose and say that they saw Mary McLain the testator sign seal declare and publish the instrument now presented as her last will and testament freely voluntarially and of her own will and ?????? and without any compultion or influence whatever that at the time of the Execution thereof said Testator was of sound and disposing mind and memory that deponents Signed said will and Witnessed in the presence of each other and of the testator and at her special instance and request.

Sworn to and subscribed before me this May the 7th 1855.
Jesse L. Blalock } John C. Brassell
Ordinary} Larkin W. Presly
Recorded this the 9 day of May 1855
Geo. C. King Dept. CCO

Transcribed on 4/02/01 from copies made at Fayette County Courthouse of records of the settlement of
Mary McLean's estate.

PG. 36

R. E. Prestley and after being duly sworn deposeth and saith that Mary McLean deceased is justly indebted
to him One Dollar and fifty cents and that he has no other way to establish the claim only by his own oath
Sworn to and subscribed before me this 31st Dec 1855.
S. ? D. Padgette, J.P. R. E. Prestley
Received of Oliver M. Pearson Administrator on the Estate of Mary McLean Deceased One 30/100 Dollars
in full of the above account this 31st Dec 1855. R. E. Prestley
Examined and passed by the court
August 29th 1856 Jess L. Blalock, Ordinary
Recorded this the 22nd Nov 1856
Geo. C. King Dept C. Co.

PG. 292?

An account current with O. M. Pearson as administrator with the will annexed of Mary McLane deceased
from the 1st January 1856 ???? 31st Dec. 1856 Inclusive.
To Cash Paid tax for 1856 as per Voucher #1 5.15
To cash paid L. W. Prestly Legatee as per Voucher #2 275.00
To cash paid W. A. Smith Legatee as per voucher #3 20.00
To cash paid W. O. Duffell Legatee as per voucher #4 26.66
To cash paid Jacob M. Brooks Legatee as per voucher #5 26.66
To cash paid Miles Ward & wife Legatee as per voucher #6 80.00
To cash paid A. J. Pollard in right of his wife as per voucher #7 16.00
To cash paid A. J. Pollard as Guardian of Legatee as per voucher #8 48.00
To cash paid Ann Pearson Legatee as per voucher #9 80.00
To cash paid L. W. Prestley Legatee as per voucher #10 20.00
To cash paid T. L. Duffell Legatee as per voucher #11 26.00
$621.45
Paid as commission on $621.45 at 2 ½ per cent 15.53 By notes due testator in apprais bill page 589 $79.75
Sale of property sold 1st Tuesday Dec 1855 & ???25 Dec 1856 $1461.00
$1540.75

Deduct commission at 2 ½ per cent for Receiving 38.01
$1512.74

Deduct amt paid out $636.98
Deduct voucher No. 15 2.48 639.41
$863.33

Filed in office this the 25 day of May 1857 Geo. C. King Dept. C. Co.

Georgia} Before me Geo. C. King Dept. C. Co. in and for said county personally appeared
Fayette Co.} Oliver M. Pearson and after being duly sworn deposeth and saith that the within return is
correct to the best of his knowledge Sworn to the 25 May 1857
Geo. C. King C. Co. O. M. Pearson

Voucher
No. 1 Received $3.15 of Oliver M. Pearsons as administrator of the Estate of Mary McLain for her State
and County Tax for the year 1856. Tra?? Kline? Landrum T. ?

Voucher
No. 2 Received of Oliver M. Pearson Administrator with the will annexed of Mary McLane deceased
Two Hundred and Seventy five Dollars in part of the Legacy to which I am entitled to in right of my wife
Rachael M. Prestly which was bequeathed to The said Rachel M. Presley by Mary McLain deceased in her
last will and testament. December 31st, 1856 L. W. Prestly

Voucher
No. 3 Received of O. M. Pearson Administrator of Mary McLain deceased twenty dollars being a
distributive share in the lands of said deceased and ???? included in the last will & Testament of said
deceased, the same is received in right of my wife, Mary Jane Smith, formerly Mary Jane Reaves this 19th
Nov. 1856. Wm. A. Smith

PG. 33
An account current with Oliver M. Pearsons administrator with the will annexed of Mary McLain from
appointment to 31st December 1855.
To Cash paid T. C. Matthews as per voucher No. 1 $5.15
To cash paid Holliday & Ware as per voucher No. 2 5.04
To cash paid T. L. Duffell as per voucher #3 5.55
To cash paid Dr. P. H. Brassell as per voucher #4 30.00
To cash paid Allen Reeves as per voucher #5 1.60
To cash paid William Vernon as per voucher #6 9.00
To cash paid Ann Pearsons as per voucher #7 20.05
To cash paid Brassell & May as per voucher #8 14.45
To cash paid Ordinary as per voucher #9 16.62
Property paid ??? as designated by the will and contained in appraisement
To Ann Persons as per her Receipt 10
To L. W. Prestley as per receipt 11
To J. M. McLean as per receipt 12
$116.29
Commission at 2 ½ per cent 2.90
$119.29
Tax paid for 1855 Voucher No. 13 2.45
To cash paid to R. E. Prestley Voucher No. 14 1.30
$123.22
Deduct error in addition 13.52
$119.70
By amt of sale of personal property per sale bill Recorded
Page 591 $270.88
Deduct amt expended 109.70
Amt on Hand 1st January 1856 $161.18
Sale of Negroe Anthony due 05 Dec 1856 $810.00
Sale of ??/ acres land due 05 Dec 1856 651.00
This amt to fall due 05 Dec 1856 $1461.00
Filed in office this 30th day May 1856 Geo. C. King Dept. C. Co.

Georgia}
Fayette County} Before me J. L. Blalock personally appeared O. M. Pearsons who being duly sworn saith
that the within return is just and true to the best of his knowledge and

PG. 49
A statement and settlement of the Estate of Mary McLean with Executor of O. M. Pearson deceased
showing the account of estate after paying the debts and expenses and the amount due and paid to each
heir.
Sale of Negro man Anthony due Dec. 25th 1856 $810.00
Sale of personal property not specifically given by the will 270.88
Notes and apprais bill 78.75
$1159.65
Deduct debts & expenses paid out as per former return 117.75
Amt Paid Ordinary as per voucher # 1 8.60
Amt paid Ordinary as per voucher # 2 & 3 15.00
Amt paid attorneys fee as per voucher #4 50.00
Commission on $1810.65 for receiving &
paying at 5 per cent being the
Total amount of Estate both real & personal 90.55
261.88 is 167.57
Note amount for distribution 992.36
The will requires to be paid to Rachel Prestley 350.00
The will gives of this balance to Liney Ward 642.36
The one seventh which is $91.75 91.75
This balance to be divided in to 5 parts 550.50
Share of each 110.10
Martha Moses share 110.10
The will give of her share to John McLane $100.00
And Anne Pearson 25.00
John McLean proportional part of $110.10 86.88
Anne Pearson proportional part of $110.10 25.22 110.10
Amt of Sale of Land 651.00
Amt. Of proportion of debts ordinary 4 ??? as Attorneys fees & Commissions as above stated is 94.14
Will amt to be divided into six shears 6)556.96 Share of Each 92.82
John McLean shear of personal Estate 110.10
Amt from Martha Moses share 86.88
His 6th part of Land 92.82 10)289.80
This amount of $289.80 divided into 10 parts
Amount paid by John I. Whitaker to children of John McLane
To Oliver P. McLean Voucher No. 1 $28.98
To J. M. McLean Voucher No. 2 28.98
To J. M. McLean Guardian Voucher No. 3 115.92
To H. H. McLean by J. M. McLean agent #4 28.98
To John H. Harrell in right of his wife #5 28.98
To John McLean by O. P. McLean agent #6 28.98
To James M. Pate Guard ?? #7 28.98 $289.80

Linney Ward sixth part of land 93.80
Linney Ward seventh part of personal Estate 91.75 184.57
Amt paid by former Administrator per Record 292 80.00
Amt paid Miles Ward per voucher No. 8 12.72
Amt paid Linny M. Ward per voucher No. 9 91.75 184.57

Elizabeth Reeves share of land 92.82
Her part of Personal Property 110.10 202.92
Divided by 4) 202.92 Each $50.75

Amt paid out by O. M. Pearson former Admn
To William A. Smith Record page 292 20.00
To L. W. Prestly Record page 292 20.00
To Allen Reeves Guard of 4C Voucher # 11 20.00
Amt paid out by John I. Whitaker, Admn
To Allen Reeves Guard. Voucher #11 31.75
To Wm. A. Smith in right of his wife, Voucher # 12 30.75
To L. W. Prestly in right of his wife, Voucher # 13 30.75
To John I. Whitaker, guardian Voucher #14 50.75 202.92

Ann Pearson share of land 92.82
Ann Pearson share of personal estate 110.10
Proportional part of Martha Moses Share 23.33
Additional ? directed by the will to be paid
Amt of Mrs. Duffies share 75.00 311.14
To Amt paid her by former Admnr Record pg 292 80.00
To Amt paid her by John I. Whitaker, Admnr , Voucher #15 221.14 311.14

Mrs. Duffie's share of land 92.82
Her 5th part of personal estate 110.10 202.92
Deduct the amt directed by the will to be paid to A. Pearson 75.00
Amt paid out by former admnr Record 292 $127.92
To W O Duffell 26.66
To Jacob M. Brooks in right of his wife 26.66
To T. L. Duffell 26.66
By John I. Whitaker Admnr
To Jacob M. Brooks in right of his wife #16 15.98
To W O Duffell #17 15.98
To T L Duffell #18 15.98 127.92

Martha Moses share of land 92.82
Share of personal estate $110.10
Amt given by will to John McLean 86.88
Amt given to Anny Pearson 23.22 by 5 shares 92.82
23.22 Each $18.56

By amt paid out by former admnr Record 292.
To A J Pollard in right of his wife 16.00
To A J Pollard as guardian for 3 children 48.00 92.82
To Calloway Walls guard ? Receipt of
December 25th, 1857 $33.60 amt
Paid early being in ?? of $18.56 voucher no. 19 $18.56 11.26
To Racheal M. Prestley specific legacy $350.00
Paid by O M Pearson former admnr record page 292 $275.00
Paid by John I Whitaker Admnr No. 24 $75.00 $350.00

Filed in office this the 20 day of May 1859 Geo C King Dept C Co

Georgia}
Fayette County} Before me Geo C. King Dept C Co in and for said county personally came John I
Whitaker and being duly sworn saith the within Return is just and true to the best of his knowledge and
beliefs. June 4th 1859
Geo C. King Dept C Co John I Whitaker

Voucher No. 1 – Received of John I Whitaker Adm De boris non with the will ???????? of Mary McLean
deceased eight 60/100 dollars payment in full for the expence of his appointment of said estate including
printers for May 5th 1858.

Geo C King Dept C. Co.
Voucher No. 2 – John I Whitaker Admnr in the Estate of Mary McLean, deceased to Geo C King Dept C.
Co. for advertising citation for dismission and all the Ordinary fees in last return $13.28
Received of John I Whitaker Admr in the estate of Mary McLean deceased thirteen 30/100 dollars payment
in full of the above account April 28th 1849.
Geo C. King Dept C Co

Voucher No. 3 - Oliver M. Pearson Admr in the estate of Mary McLean deceased to Geo C. King Dept. C.
Co. to annual return & recording fee for the year 1856 of $2.45. Received of John I. Whitaker Admr of the
Estate of Mary McLean deceased two 48/100 dollars in full of the ??? ??? April 28th, 1859. Geo C King
Dept C Co.

Voucher No. 4 – Received of John I Whitaker Administrator De boris non in the Estate of Mary McLean
deceased thirty dollars in full for professional services rendered in making returns and statement for
settlement with the heirs and his final return May 1st , 1859.
Huie & Connor

Voucher No 1 Received of John I Whitaker Administrator de boris non on the Estate of Mary McLean
deceased twenty eight dollars and ninty eight cents in full of my distributive share of said Estate
December 31st, 1858 Eliver P. McLean

Voucher No. 2 Received of John I Whitaker Adminstrator de boris non on the Estate of Mary McLean
deceased twenty eight dollars and ninty eight cents in full of my distributive share of said Estate Dec 31st ,
1858. J M McLean

Voucher No 3 Received of John I Whitaker Administrator de boris non on the Estate of Mary McLean
deceased One hundred and fifty dollars and ninty two cents in full of the legacy a distributive share of said
Estate to which Juan Francis McLean, Hamden Sydney McLean, William McLean, and Allison McLean
are entitled as the minor children of John McLean deceased December 31st, 1858.
J M McLean, Guardian

Voucher No 4 Received of John I Whitaker Administrator de boris non on the Estate of Mary McLean
deceased twenty eight dollars and ninety eight cents in full of my distributive share of said estate Dec. 31st, 1858.
H H McLean
J M McLean, Agent

Voucher No. 5 Received of John I Whitaker Administrator de boris non on the Estate of Mary McLean
deceased twenty eight dollars and ninty eight cents in full of my distributive share of said estate in right of my wife Racheal R. Harrel formerly Rachael R. McLean. December 31st, 1858.
John H. Harrell

Voucher No. 6 Received of John I Whitaker Administrator de boris non on the Estate of Mary McLean
deceased twenty eight dollars and ninty eight cents in full of my distributive share of said estate. December 31st, 1858. John McLean Oliver P. McLean, Agent

Voucher No. 7 - Received of John I Whitaker Administrator de boris non on the Estate of Mary McLean
deceased twenty eight dollars and ninty eight cents in full of the distributive share of said estate to which John W. Pate infant child of Miram S. Pait, formerly Miram S. McLean now deceased is entitled , She in her lifetime being entitled to one tenth of one sixth of ???? Mary McLean's estate. December 31st, 1858.
James M. Pate, Guardian

Voucher No. 8 - Received of John I Whitaker Administrator de boris non on the Estate of Mary McLean
deceased twenty dollars and eighty two cents in full of my distributive share of the ??? Estate of said
deceased the same amt being included in the last will and testament of said deceased. Dec. 31st, 1858.
Miles Ward

Voucher No. 9 Received of John I. Whitaker Administrator de boris non on the Estate of Mary McLean
deceased ninty one dollars and seventy five cents in full of the (distributive) of the seventh part of the personal property which I am entitled to under the last will and testament of said deceased. Dec. 31st, 1858.
Linny M. Ward

Voucher No. 10 Received of John I. Whitaker , Oliver M. Pearson as Administrators of Mary McLean
late of Fayette County deceased the sum of twenty dollars in ???? of the distributive share of Oliver A.
Reeves in the real estate of said deceased as the minor children of Elizabeth Reeves, formerly Elizabeth
McLean the said Real Estate not being included in the last will and testament of said deceased this January 15th, 1857. Allen Reeves, Guardian

Voucher No. 11 Received of John I. Whitaker Administrator de boris non on the Estate of Mary McLean
decd thirty dollars and seventy three cents in full of the distrubtive share to which Oliver A. Reeves minor child of Elizabeth Reeves, deceased is entitled as a legatee to said Estate. Dec. 31st, 1858
Allen Reeves, Guardian of Oliver A. Reeves

Voucher No. 12 Received of John I. Whitaker, Administrator deboris non on the Estate of Mary McLean
deceased thirty dollars and seventy three cents being a balance in full of my distributive share of said Estate in right of my wife, Mary Smith, formerly Mary J. Reeves. December 31st, 1858.
William A. Smith

Voucher No. 13 Received of John I. Whitaker, Administrator deboris non on the Estate of Mary McLean
deceased thirty dollars and seventy three cents being a balance in full of my distributive share of said Estate in right of my wife, Racheal M. Prestley formerly Racheal M. Reaves. Dec. 31st, 1858.
L. W. Prestley

Voucher No. 14 Received of John I. Whitaker, Administrator deboris non on the Estate of Mary McLean
late of Fayette County deceased the sum of fifty dollars and seventh three cents in full of the distributive share in said Estate of Elizabeth Ann Reeves, a minor child of Allen Reeves this March 21st, 1859.
John I. Whitaker, Guardian of Elizabeth Ann Reeves

Voucher No. 15 Received of John I. Whitaker, Administrator deboris non on the Estate of Mary McLean
deceased two hundred and twenty one dollars and fourteen cents being a balance in full of my distributive share of said Estate December 31st, 1858.
Elanta Pearson Ann (x) Pearson (her mark)

Voucher No. 16 Received of John I. Whitaker, Administrator deboris non on the Estate of Mary McLean
deceased fifteen dollars and ninty eight cents being a balance in full of my distributive share of said Estate the same being received in right of my wife, Racheal L. Duffill, now Racheal L. Brooks this 31st Dec 1858.
J. M. Brooks

Voucher No. 17 Received of John I. Whitaker, Administrator deboris non on the Estate of Mary McLean
fifteen dollars and eighty nine cents being a balance in full of my distributive share of said Estate.
Dec. 31st, 1858 W. O. Duffill

Voucher No. 18 - Received of John I. Whitaker, Administrator deboris non on the Estate of Mary McLean
deceased fifteen dollars and ninty eight cents being a balance in full of my distributive share of said Estate This 31st December 1858. T. L. Duffill

Voucher No. 19 Received of O. M. Pearson Administrator with the will of Mary McLean deceased
annexed fifty three dollars and sixty cents in full of the distributive share of said Estate to which, William R. Walls infant children of Ann H. Walls, formerly Ann H. Moses now deceased is entitled , she in her lifetime being entitled to fifth of one sixth of said Mary McLean Estate. Dec. 25th, 1857.
Calloway Walls, Guardian of Wm. R. Walls

Voucher No. 20 Received of John I. Whitaker Admnr deboris non on the estate of Mary McLean
deceased five dollars and fifty six cents being a balance in full of my distributive share of said Estate as to the Real Estate, the same being Received in right of my wife, Racheal M. Moses, now Racheal M. Pollard this 31st Dec. 1858. A.J. Pollard

Voucher No. 21 Received of John I. Whitaker Admnr Deboris non on the estate of Mary McLean
deceased two dollars and 36 cents being a balance due me as Guardian of William N. Moses, one of the
minor children of Martha Moses, Deceased this 31st Dec, 1858. A. J. Pollard as guardian

Voucher No. 22 - Received of John I. Whitaker Admnr Deboris non on the estate of Mary McLean
deceased two dollars and 36 cents being a balance in full of my distributive share in said Estate the same being received in right of my wife, Mary Elizabeth Moses, now Mary Elizabeth Logan.
This Dec. 31st, 1858 J. B. F. (x) Logan (his mark)
??? A. J. Pollard

Voucher No. 23 Received of John I. Whitaker as Admnr deboris non of Mary McLean deceased two
dollars and 36 cents in full of the distributive share as one of the children of Martha Moses, deceased Dec. 31st, 1858. John L. Moses

Voucher No. 24 Received of John I. Whitaker Admnr deboris non on the Estate of Mary McLean,
deceased seventy five dollars being a balance in full of the legacy to which I am entitled in right of my wife, Racheal M. Prestley which was bequeathed to the said Rachel Moses by Mary Mclean deceased in
her last will & testament. Dec. 31st, 1858. L. W. Prestley

Examined & ?????? by the court this 24th June 1859.
J. L. Blalock, Ordinary
Recorded this the 12 July 1859 Geo. C. King Dept. C. Co.