Fayette
County, GA Wills & Probate Records -
Oliver McLean Will
FAYETTE COUNTY WILL BOOK A, PAGE 64-65 THE LAST WILL OF OLIVER
McLEAN
I, Oliver McLean, of the State of Georgia and County of
Fayette calling to mind my mortality, I leave these lines puncting the
division of the stuff that God has given me and first I bequeath to
Sarah where she lives, being a part of 162 & 163 in the 4th District
of originally now Fayette County. Known by a line beginning in her spring
and running South to Morgans line, thence East to Dr. Williams's(?)
line, thence north till even with her house back to the beginning spring.
And Second, I leave to Elisabeth and Linny the half lot number 191.
The half northward for Linny and the South half for Elisabeth, the intention
is for them and their children.
And third, I bequeath to Ann
the support of her children and stock these six ????? ????? and one
hundred dollars.
Fourth I leave to Martha five hundred dollars.
Fifth I will to Mary the lot 162 what I own of it except what is
above bequeathed and where I live of 163 and the cart and two of the
best horses and four cows & calves and the Slaves Dinah and Suthing
and as many Sheep and hogs as she needeth or can support.
And
Sixth I bequeath to John the lot No. 161 and four hundred dollars and
my gun and razor and the remainder of my property I allow to be sold
excepting the household property to be left to Mary to do with as she
pleases. My Books is to be equally divided among my children and the
money arising from the above sale and the overplus that is not willed
I allow to be equally divided excepting Elisabeth, Martha and Linney
that I allow one fourth more than the others and I presents affix my
hand and seal this 30th of June 1841.
Oliver McLean (signed)
Attest A. Brown (signed) William Walls (signed0 J. H. Crittendon
(signed)
Georgia Fayette County
Personally appeared
before us, William N. Hill & Patrick H. Allen Justices of the Inferior
Court for Said County Alfred Brown, William Walls and Joseph H. Crittendon,
who after being duly sworn deposeth and saith that they saw Oliver
McLean sign seal declare and publish the within and foregoing to be
and contain his last will and testament, that they signed the same as
witnesses in presence of the testator and that he was at the time of
sound and disposing memory and that he executed the same freely
without compulsion so far as they know or believe. Sworn to and Subscribed
before us this 21st day of Oct 1846. A. Brown (signed) William
Walls (signed) J. H. Crittenden (signed) Patrick H. Allen C Cl
W N Hill ??
Fayette Court of Ordinary November Term
1846 The within last will and testament of Oliver McLean having been
duly proven on the oath of A. Brown, William Walls and Joseph H. Crittendon
ordered that the same be admitted to recorde.
John P Stele JP C? Patrick H. Allen J L Wm N Hill ?????
Recorded Nov 3rd 1846 James F. Johnson ??????
Page 36
In account current with O M Pearson, Adminstrator
of Oliver McLean deceased from appointment to 31st Dec 1855 To
cash paid Ordinary as per voucher No. 1 $13.12 " " "
W & C E Bennett as per voucher No. 2 .65 " " "
Holliday & Ware as per voucher No. 3 7.27 " " "
Allen Reeves as per voucher No. 4 33.46 " " " Allen
Reeves as per voucher No. 5 41.11 " " " Tax in 1855
as per voucher No. 6 4.25 " " " R. E. Prestley as
per voucher No. 7 1.30 ________ $99.79 Commission on $99.79
2.45 $102.32 By Mistake in E. R. Prestley's voucher 1.30 $100.72
By Sale of Negroes due Dec. 25th 1856 per record Page 652 $3242.00
Deduct amt expended 100.72 Balance due Estate 25 Dec 1856 $3141.28
Filed in office this the 30 May 1856 Georgia } Geo. C. King Dept.
C. C. Fayette County} Before me J. L. Blalock Ordinary personally
came O. M. Pearson who being duly sworn saith that the within return
is just and true to the best of his knowledge and beleafs. Sworn to
and subscribed before me this the 3 July 1856. J. L. Blalock,
Ordinary Oliver M. Pearson
Voucher No. 1 – Received of Oliver
M. Pearson administrator of Oliver McLean Thirteen Dollars and 12 cents
for Receiving application granting citation advertising granting letters
???????? ???? warrant of appraisement. Recording sale bill & inventory
July 2nd 1855 J. L. Blalock Ordinary
Voucher No. 2 (page 37 +?
Missing here******************)
NOTE: The next page does
not all pertain to Oliver McLean's estate but because of the relationship
of the other people mentioned on this page to the McLean family, I will
transcribe this page no. 158? In it's entirety here.
By Amt Received
of Oliver M. Pearson admn of the estate of Oliver M. McLean deceased
$70.00 By amt received from Drury B. May Admn of Hiram Moses Deceased
$82.98 By amt received from Oliver M. Pearson Admin of Mary McLean
deceased $20.00
$172.98 Deduct commission for receiving $172.98
at 2 ½ per cent 3.36 Deduct Less Amt Received $169.66 This amt
in favor of guardian $28.71
Filed in office this the 2 day of
Febuary 1857 Geo. C. King Dept C. Co. Georgia} Fayette County}
Before me Geo. C. King Dept. CCo in and for said County personally appeared
A. J. Pollard and after being duly sworn deposeth and saith that the
above account current is just and true to the best of his knowledge
and belief Sworn to and subscribed before me this 2 day of Febuary 1857
Geo. C. King Dept C. Co. A. J. Pollard
Voucher No. 1 Received of Andrew J. Pollard six dollars payment
in full for the cost of the appointment of guardianship of John L. Moses
this the 3 day of June 1856. Geo. C King Dept C. Co. Record of
Andrew J. Pollard guardian of John L. Moses One 60/100 Dollars for his
return made 2nd Febuary 1857 Geo. C. King Dept C. Co. Received
of Andrew J. Pollard guardian of John L. Moses Orphan of Hiram Moses
deceased One hundred and seventy seven 81/100 Dollars in full of all
the money in my hands as guardian of the said John L. Moses this the
3 day of Febuary 1857. John L. Moses (signed) Examined and passed
by the court June term 1857 J. L. Blalock Ordinary Recorded this
the 12 day of June 1857 Geo C. King Dept C. Co.
Page 289
An account current with Oliver M. Pearson as executor of the estate
of Oliver McLain deceased from the 1st day of January 1856 to the 31st
December inclusive To cash paid Tax for 1856 as per voucher No. 1
4.90 To cash paid W. O. Duffell distributee Voucher No. 2 116.66
To cash paid T. L. Duffell distributee Voucher No. 3 116.66 To Cash
paid Oliver P. McLain distributee Voucher No. 4 35.00 To cash paid
Jos. M. McLain distributee Voucher No. 5 35.00 To cash paid Ann Pearsons
distributee Voucher No. 6 350.00 To cash paid Jos. M. McLain Guardian
Voucher No. 7 105.00 To cash paid Wm. A. Smith Legatee Voucher No.
8 87.50 To cash paid Jacob M. Brooks Legatee Voucher No. 9 116.66
To cash paid H. H. McLain Legatee Voucher No. 10 35.00 To cash paid
A. J. Pollard Legatee Voucher No. 11 70.00 To cash paid A. J. Pollard
Legatee Voucher No. 12 210.00 To cash paid J. M. Pearsons Legatee
Voucher No. 13 87.50 To cash paid Miles Ward & wife Voucher No.
14 450.00 1819.92 Commission on $1819.92 at 2 ½ per cent 45.48
$1865.44 By amt of Sale of the Negroes belonging to the estate sold
1st Tuesday in Dec 1855 and Dec 25th 1856 for $3242.11 Deduct
amt paid out $1865.44 Amt on commission on $32.42 at 2 ½ per cent
81.05 1946.05 1295.55 Deduct Voucher No. 15 2.74 $1292.81
Filed in office this the 23 day of May 1857 Geo. C. King Dept. C. Co.
Georgia} Fayette County} Before me Geo. C. King Dept. C. C. ordinary
in and for said county personally appeared Oliver M. Pearson. Pg.
56 A statement and settlement of the Estate of Oliver Mclean deceased
by John I. Whitaker as administrator De bonis non from his appointment
showing a full and complete settlement with the heirs Gross amount
of estate per Record page 36 $3243.11 Total amount of debts ?????
Admr Ex ??? up to final return & total amount of Commissions
261.51 Ordinary for tax & this return 1,2,3, 25.60 Attorneys
fee 4 50.00 514.11
Net amt of estate to be divided to 6 shares
$2927.89 6 each ??? distribution shares $489.98 John McLane shares
to his 10 children $4879.80 Amt. Paid by former Adm. Record 289
To O. P. McLane $55.00 To J. M. McLean 55.00 To J. M. McLean
guardian for 3 children 105.00 To H. H. McLean 55.00 To J. M.
McLean guardian for Juan Francis, Hamdin Sidney & Allison McLean
$105.00 Pad by John I. Whitaker Admr To O. P. McLean Voucher
#4 $15.79 To J. M. McLean Voucher #5 15.79 To J. M. Mclean guardian
for 4 children voucher#6 55.16 To J. McLean, Agent Voucher #7 15.79
To John McLean voucher #8 15.79 To J. H. Harrell Voucher #9 15.79
To J. M. Pate Guardian Voucher #10 48.79 $487.98
Mrs. Duffells
share to her 3 children $489.98 Shear of each $163.66 Paid by
former admr to W. O. Duffell $116.66 Paid by John I. Whitaker Admr
46.00 163.66 To J. M. Brooks in right of his wife By former Admr.
Record page 289 $116.66 By John I. Whitaker Admr 46.00 163.66 $487.98
Elizabeth Reeves share to her 4 children (each share $121.98 $487.98
Paid Wm. A. Smith in right of his wife By former admr Record Page
289 $89.50 By John I. Whitaker, Adm. Pg. 14 54.49 $121.99 Paid
L. W. Prestly in right of his wife By former Admr voucher page 289
$89.50 By John I. Whitaker, Adm 54.49 $121.99 $243.78 Paid
Allen Reeves Guardian of O. A. Reeves By former (Guardian) Admr.
Voucher #16 $89.50 By John I. Whitaker Adm Voucher #17 54.49 $121.99
Paid John I. Whitaker, Guardian of E. A. Reeves By John I. Whitaker
Admr. $121.99 $487.98
Ann Pearson's share Record $487.98 Paid
by former guardian Record page 289 $350.00 Paid by John I. Whitaker
Voucher #18 137.98 $487.98
Linny Ward Share Paid by former
Admr Record 289 450.00 Paid by John I Whitaker Voucher #19 37.98
$487.98
Martha Moses share to 5 children $487.98 Share of
each $97.59 Paid by former Admr to A. J. Pollard in right Of his
wife Record page 289 $70.00 By John I. Whitaker Admr No. 21 27.30
$97.30 Paid A. J. Pollard for 3 minor children By former admr
record page 289 $211.00 Paid A. J. Pollard for one of the children
The others being of age by John I. Whitaker Admr voucher No.
22 $27.59 Paid by J I Whitaker Admr to J. B. F. Logan in Right
of ???? one of the minors No. 23 $27.59 Paid John L. Moses of age
No. 24? $27.59 292.77 590.27 Balance due of one share $97.71 Paid
Callaway Walls as guardian of W. B. Walls One of the grandchildren
of Elizabeth S. Reeves Who stands in the place of his mother No.
25 $118.25 Over paid $5.34
Filed in office this the 20 May
1859 Geo. C. King Dept C. Co. Georgia} Before me Geo. C. King
Dept. C. Co. in and Fayette County} for said county personally came
John I. Whitaker and being duly sworn saith the within return is true
to the best of his knowledge June 4th 1859 Geo. C. King Dept C. Co.
John I. Whitaker
Page 58-61 Voucher Received of John I.
Whitaker Admr De bonis non with the will No. 1 annexed of Oliver McLean
deceased eight 60/100 dollars payment in full for the expense of his
appointment of said estate including ????? fee May 5th 1858 Geo.
C. King Dept C. Co.
Voucher No. 2 Oliver M. Pearson Admr
??? the Estate of Oliver McLean deceased to Geo. C. King Dept. C. Co.
To annual return & recording fee for the year 1856. Received of
John I. Whitaker Admr. ?? of Oliver McLean deceased two 75/100 dollars
in full of the above account. April 28th 1859 Geo. C. King Dept
C. Co.
Voucher No. 3 John I. Whitaker Admr ?? on the Estate
of Oliver McLain deceased to Geo. C. King Dept C. Co. to advertising
citation for dismission and expenses of Ordinary fee in last return.
Received of John I. Whitaker Admr. In the Estate of Oliver McLain deceased
twelve dollars payment in full of the above account April 28th 1859.
Geo. C. King Dept C. Co.
Voucher No. 4 Received of John I.
Whitaker Administrator De boris non For the Estate of Oliver McLean
deceased thirty dollars in full for professional services rendered in
making returns and statement for settlement with the heirs and the
final return May 1st 1859. Huie Henner?
Voucher No. 3 Received
of Oliver M. Pearson Administrator of the Estate of Oliver McLean deceased
One hundred and five dollars in part of the legacy or distributive share
of said Estate to which Rachel R. McLane, William & Allison
McLane are entitled as the minor children of John McLean, deceased this
January 13th 1859 Joseph M. McLean, Guardian
Voucher No.
4 Received of John I. Whitaker Administrator de boris non in the estate
of Oliver McLean deceased thirteen dollars and seventy nine cents being
a balance in full of my distributive share of said Estate Dec 31st 1858.
Oliver P. McLane
Voucher No. 5 Received of John I. Whitaker
Admr deboris non in the Estate of Oliver McLean deceased thirteen dollars
and seventy nine cents being a balance in full of my distributive share
of said Estate. Dec. 31st 1858 J. M. McLane
Voucher No.
6 Received of John I. Whitaker Administrator de boris non in the Estate
of Oliver McLane deceased fifty five dollars & sixteen cents being
a balance in full of the legacy or distributive share of said estate
to which Juan Francis McLane, Hamden Sidney McLane, William McLean and
Allison McLean are entitled as the minor children of John McLean deceased
December 31st 1858 J M McLean , Guardian
Voucher No. 7
Received of John I. Whitaker Administrator de boris non in the Estate
of Oliver McLean deceased thirteen dollars & seventy nine cents
a balance in full of my distributive share of said Estate December 31st
1858. J. M. McLane , Agent
Voucher No. 8 Received of John
I. Whitaker Administrator de boris non on the Estate of Oliver McLane
deceased thirteen dollars and seventy nine cents being a balance in
full of my distrubitive share of said Estate December 31st 1858.
John Mclane Oliver P. McLane agent Voucher No. 9 Received
of John I. Whitaker Administrator de bonis non on the Estate of Oliver
McLane deceased thirteen dollars and seventy nine cents being a ballance
in full of my distributive share of said Estate in right of my wife
Rachael R. Harrel formerly Racheal R. McLane. December 31st 1858
John H. Harrel
Voucher No. 10 Received of John I. Whitaker
Administrator de bonis non on the Estate of Oliver McLane deceased forty
eight dollars and seventy cents in full of the distributive share of
said Estate to which JohnN. Pate an infant child of Miriam S. Pate
formerly Miriam S. McLane now deceased is entitled if she in her life
time being entitled to one tenth of one sixth of said Oliver McLane
Estate Dec 31st 1858. James M. Pate, Guardian
Voucher
No. 11 Received of John I. Whitaker Admr de bonis non on the Estate
of Oliver McLane deceased forty six dollars being a balance in full
of my distributive share in said Estate December 31st 1858. W. O.
Duffell
Voucher No. 12 Received of John I. Whitaker Admr de
bonis non in the Estate of Oliver McLane deceased forty six dollars
being a balance in full of my distributive share in said Estate this
31st Dec 1858. T. L. Duffell
Voucher No. 13 Received of
John I. Whitaker Administrator de bonis non on the Estate of O. McLane
deceased forty six dollars being a balance in full of my distributive
share in said Estate in right of my wife Rachel L. Duffell now Rachel
L. Brooks, this 31st Dec 1858. J. M. Brooks
Voucher No.
14 Received of John I. Whitaker Administrator de bonis non on the Estate
of Oliver McLane deceased thirty four dollars and fifty nine cents being
a ballance in full of my distributive share of said Estate in right
of my wife Mary J. Smith formerly Mary J. Reeves Dec. 31st 1858
W. A. Smith
Voucher No. 15 Received of John I. Whitaker Admr
de bonis non on Estate of Oliver McLane deceased thirty four dollars
and forty nine cents being a balance in full of my distributive share
in right of my wife Rachel M. Prestly formerly Racheal M. Reeves
December 31st 1858 L. W. Prestley
Voucher No. 16 Received
of Oliver M. Pearson Admr of the Estate of Oliver Mclane deceased eight
seven dollars and fifty cents in part of the distributive share of said
Estate to which Oliver A. Reeves are entitiled as the minor child of
Elizabeth A. Reeves formerly Elizabeth McLane this January 13th 1857.
Allen Reeves, Guardian
Voucher No. 17 Received of John I.
Whitaker Admr de bonis non on the Estate of Oliver McLane deceased thirty
four dollars and forty nine cents in full of the distributive share
to which Oliver A. Reeves minor child of Elizabeth Reeves deceased is
entitled as Legatee to Said Estate. December 31st 1858 Allen Reeves,
Guardian of Oliver A. Reeves
Voucher No. 18 Received of John
I. Whitaker Admr de bonis non on the Estate of Oliver McLane deceased
one hundred and thirty seven dollars and ninty eight cents being a balance
in full of my distributive share of said Estate December 31st 1858.
??? Elanta Pearson Ann (her mark) Pearson
Voucher No.
19 Received of John I. Whitaker Admr de bonis non on the of Oliver McLane
deceased thirty seven dollars and ninety eight cents in full of my legacy
or distributive share of said Estate in right of my wife Linny M. Ward
formerly Linny M. McLane. Dec. 31st 1858 Miles Ward
Voucher
No. 20 Received of John I. Whitaker Admr de bonis non on the of
Oliver McLane deceased the sum of one hundred and twenty one dollars
and ninty nine cents in full of the distribution 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. 21 Received of John I. Whitaker Admr de bonis non on the Estate
of Oliver McLane deceased twenty seven dollars and fifty nine cents
being a balance in full of my distributive share in right of my wife
Rachel M. Moses now Rachel M. Pollard this 31st Dec. 1858. A.
J. Pollard
Voucher No. 22 Received of John I. Whitaker Admr
de bonis non on the Estate of O. McLane deceased twenty (twenty) seven
dollars and fifty nine 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 Guardian
Voucher No. 25 Received
of John I. Whitaker Administrator de bonis non on the Estate of O. McLane
deceased twenty seven dollars and fifty nine cents being a balance in
full of my distributive share in right of my wife Mary Elizabeth Moses
now Mary Elizabeth Logan this 31st Dec 1858. ??? A. J. Pollard J.
B. F. Logan (his mark)
Voucher No. 24 Received of John I.
Whitaker Admr de bonis non on the Estate of O. McLane deceased twenty
seven dollars & 59 cents in full of the balance of the distributive
share of one of the children of Martha Moses deceased this 31st Dec
1858. John L. Moses
Voucher
No.. 25 Received of O. Pearson as Admr of the Estate of O. McLane
late of Fayette County deceased one hundred & three dollars &
25 cents in full of the distributive share of said Estate to which Wm.
B. Walls an infant child of Ann W. Walls formerly Ann W. Moses now deceased
she being in her lifetime entitled to the one fifth part of one
sixth share in said Estate Dec. 25th 1857?. Calloway Walls Guard Of
Wm. B. Walls Examined and proffered by the court this 24 June 1859.
J. L. Blalock Ordinary Recorded this the 15 day of July 1859.
Geo. C. King Dept C. Co.
Transcribed on 3/30/01 from copies
made at the Fayette County, Ga. Courthouse. This is the will of
Oliver McLean, my first ancestor who settled in Fayette County in the
1820's.
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