WILL OF SAMUEL M. DEVEREUX

APRIL 21, 1834

Transcribed by Cliff Berry Johnson berrylott@bellsouth.net

Transcriber's note: Samuel and Anne Devereux were father and mother of Georgia Ann Devereux-Berry, first wife of James Edward Berry. It is my understanding

that he donated the property for the City of Devereux to be built on.

Surnames contained in this document: Brown, Hardwick, Whitehead, Sayre, Gonder, Bell, Graybill, Devereux, Radney, Arnold, Pearson, Burton, Butts, Hall, Loyd, Hargraves, Keune, Youngblood

GEORGIA HANCOCK COUNTY

Inferior Court sitting for Ordinary Purposes

Monday 4th January 1841 Present their Honors

Algernon L. Brown -

Richard L. Hardwick - Justices

Issac P. Whitehead -

The last will and testament of Samuel M. Devereux late of this County being produced in Court by Nathan C. Sayre nominated Executor of said Will, and the due and legal execution thereof being proved by the evidence of Joseph B. Gonder and George Bell two of the attesting witnesses to said Will; it is considered by the Court that said Will is fully proved - and that it be recorded.

Nathan C. Sayre & John Graybill two of the nominated executors of the Will of Samuel M. Devereux appeared and were duly sworn as executors and letters Testamentary delivered to them, with leave to John B. Radney also nominated executor of said Will hereafter to qualify on application.

On motion of the Executors of &c of Samuel M. Devereux dec’d it is ordered that Wilie Arnold, Stephen Pearson, Thomas W. Burton, Benjamin K. Butts & Samuel Hall be appointed appraisers of the personal estate of said dec’d and that they or any three of them being first duly sworn do make such appraisements.

WILL OF SAMUEL M. DEVEREUX

GEORGIA HANCOCK COUNTY

I Samuel M. Devereux of said County being at this time fully possessed of my intellect - and believing in the immortality of the soul - and the mortality of the body - desirous of making a suitable disposition of my property, do make and declare the following to be my last will and testament.

First. If in the exercise of their discretion the executors hereof shall deem a sale of any part of my perishable property may be made without detriment to my family or my plantation, I authorize a sale of such portion thereof as they may believe safe.

Secondly. I give and devise to my beloved wife lot of land number 201 in the eleventh district of Troup County - to her & her heirs - and I give to her the following ten negroes: Henry & his wife Hester - her children Major - Squire and Maud - Scott his wife Hannah her child Wilkin - Rachel & her son George - and the children that may be born to said negro women after the first division of my property as herein after provided for - I give to her three feather Beds & the usual furniture & appurtenances - eight cows & calves - twenty five head of swine, twenty head of sheep - The Carriage & Horses that may be in her use at the time of my decease - three other horses - as much of the household & kitchen furniture as she may desire - That she retain for her own use the private savings of money now in her exclusive possession, and I give to her in common? with my children the use of the house & premises whereon we now reside as long as she choose to remain thereon, all this I give and devise to her in lieu of Dower and all claim on her put to other parts of my estate.

Thirdly. I give to my son Samuel negro boy Daniel, I give to my son Crawford negro boy Stephen, I give to my son William Woods boy Ben.

Fourthly. I give to my daughter Georgia Ann, girl Frances, and to my daughter Lobelia Ann girl Sarah and also the sum of five hundred dollars to be kept at interest well secured and the profit thereof to be applied to her education annually.

I request that my children be kept at school - and to receive as good an education as their circumstances & capacity may authorize.

As to the lands which I die ------ lying out of this county believing that they are rising in value , I conceive it unexpedient to dispose of them immediately, but when the executors hereof of the survivors shall conclude a sale will be for the interest of my children I do authorize them and the survivor to make sale thereof, or any part thereof, having the money well secured.

I request and direct that my plantation be continued in cultivation, and the mills be continued in operation as heretofore and my negroes except such as herein given to my wife be kept together under the direction of my Executors for the support and education of my children until a change in my family by marriage or attaining full age shall render a division of the property necessary, and on such an event I direct that the lands, negroes, stock & all other property not herein specially disposed of be valued by three discrete friends, and an equal portion in value/regard being had to the number of my children then alive, be set apart for such child - and that the residue of my estate be kept and continued together as before until another apportionment shall become necessary, and so on from time to time: The portion thus set apart I give and devise to such child fully, freely & absolutely, except as to my daughters - and as to their portions of said estate I give and devise the portion or part of my estate that may accrue to either and each of them, to the executors hereof, and to such of them as shall qualify and to the survivor in trust to hold said property to and for the separate use & benefit of my daughters free, clear & exempt from any and all interference or control on the part of any husband whom she may marry - or of any person claiming under such husband but subject to her disposition by will and if she die without making a testamentary disposition, then to her heirs at Law.

Lastly. I do hereby constitute my friends, John B. Radney, John Graybill and Nathan C. Sayre executors hereof.

In witness whereof I have hereto set my hand and seal this 21 day of April 1834.

Signed and declared by the said Devereux

to be his last will & testament, who in his presence &

in the presence of each other have hereunto subscriber S. M. Devereux

our names.

Allen Loyd George Hargraves, Just. James A. R. Keune, Esq.

Be it known that on this the 16 day of April in the year 1839, I Samuel M. Devereux being still of sound and disposing mind & memory do make the following Codicil or alteration in the above will.

First. I revoke so much of the second item as bequeaths to my beloved wife, the children of the female slaves therein given her - and confirm the bequest of the said ten negroes and all other property herein before given to her.

Secondly. I revoke the gift of girl Frances to my daughter Georgia Ann - and instead thereof I give the said girl to the Executors hereof and to the survivor in trust for my said daughter on the terms and qualifications & limitations herein before specified, and I revoke the gift of the girl Sarah to my daughter Lobelia Ann - and instead thereof I give said girl Sarah to the Executors hereof & to the survivor in trust for my daughter Lobelia on the terms and qualifications & limitations before expressed as to the portion of my daughters.

Thirdly. I direct that the education of my children shall be chargeable to the estate generally left at my decease & which is directed to be kept together - and that the sum of five hundred dollars given to my daughter Lobelia be kept at interest well secured - until her marriage - and in the event of death before marriage, that the amount be considered part of my estate subject to division.

Fourthly. For as much as my daughter Georgia Ann has married and I have placed property in the possession of her husband of the value of six thousand dollars to wit, Toney, Bill, Ned, John, Prince, Polly, Betty, Frances & Tully and stock and furniture & I direct that no further division be made until the marriage or attaining of age of one other of my children - and on that event I direct that a portion of land & personal property equal in value to the amount received by Georgia Ann & including the value of her portion of the land as herein directed be set apart for such child and that the residue be kept together as herein before directed and after the last apportionment I direct what may remain be divided equally amongst my children in life at the time and the child or children of any who may have died before such final division , a child or children to stand in place of the deceased parent.

In the division of my land in this County I direct that it be divided by lines running North and South into five portions, the quantity to be determined by value and that the Eastern portion be the part to be set apart for my daughter Georgia Ann - and the Western portion for my daughter Lobelia Ann - I earnestly desire and require of my sons to render to their mother filial obedience after my decease and I enjoin upon every of them to cherish and protect their Sisters as they regard me and my memory.

I confirm all parts of my will heretofore made - not altered by this last Codicil.

In witness whereof I have hereto set my hand and seal this 16th day of April 1839.

Sealed and subscribed by the testator in our presence who in his presence have hereto set our hands as witnesses. The words” limitations” -------” the value of ---------.

Joseph B. Gonder George Bell Thomas Youngblood S. M. Devereux

HANCOCK COUNTY

Inventory & appraisement of the personal property of Samuel M. Devereux dec’d. Taken & made this the 5th day of February 1841 by the undersigned appraisers.

Jacob $450 Milly 450 Daniel 650 Stephen 550 2100.00

Harriett 450 Dicey 350 Elizabeth 300 Jerry 200 1300.00

Nero 300 Virginia 175 Rachel 100 Lucy 500 1075.00

Billy 700 Caroline 450 Barryainia 500 Sampson 350 2000.00

Flora 300 Julia 150 Henrietta 200 Easter 450 1100.00

Dinah 125 Anderson 300 Hampton 700 Marther 200 1325.00

Delila 350 Charity 100 Almon 300 Hester 500 1250.00

Mary 200 Squire 350 Hanny 800 Amy 150 1500.00

Major 375 Hannah 500 Maria 200 Jane 150 1225.00

Margian 100 Neptune 100 Scott 800 George 350 1350.00

Wilkins 200 Nancy 550 Sylvester 125 Cornelia 150 1025.00

Rachel 500 Muryann 250 Sarah 500 Rolind 150 1400.00

James 1000 Alfred 350 Apollus 200 Missouri 175 1725.00

Willis 100 Adaline 200 Belinda 600 Othello 350 1250.00

Caroline 200 Louisa 100 Judy 100 Lucy 550 950.00

Patience 500 Harry 200 Rody 100 Caty 50 850.00

Hannah 550 Job 100 Rosetta 550 Harry Leme 450 1650.00

Philidelphia 450 Ossiaus 800 Henry (Neuson) 200 Washington 150 1600.00

Daniel 900 Poney 800 Jacob 800 Jackson 750 3250.00

Burwell 700 700.00

8 Feather Beds, bedsteads & common furniture 240.00

11 Fancy Chairs 22. 13 common do 975 31.75

1 Desk & Book Case 50. 1 Secretary 25. 75.00

1 lot mantle Shelf Ornaments 2.00

1 pr. Looking-glasses 6. 6 pictures 12. 2 Drinking glasses 1.50 19.50

4 pine Tables 6 3 do larger 6.00

1 pr glass pitchers 1.50 24 Tumblers 2. 3.50

2 Bee hives & Bees 2.00 3 Water Buckets 3.00 5.00

2 Wash Tubs 50 1 pr Iron Tongs 50 8 Iron Pots & Kettles & Ovens 11.00 12.00

1 pr. brass top Shovel & Tongs 75 3 pr. fire Irons 6. Tenders & fire Irons 5. 11.75

36 plates & dishes 3. 1 doz knives & forks 2. 5.00

24 Common Tea Cups & saucers 2.00 2.00

Forwarded 29,038.50

Amnt. Forwarded 29,038.50

1 pine Sideboard 4. 2 pr Steelyards 2. 6.00

2 Waiters 18 Wine glasses 4 1 Pitcher 50 2 Water Bowles 1.12 5.62

1 Loom Warp & Bars Spool frame 4. 5 Spinning Wheels 17.50 21.50

10 Bushels Salt 10.00 210 lbs. Lard .10 ‘ 21.

8000lb Pork, partly cured 640 671.10

1 Sorrel Mule Seline 80. 1 bay Mule 60 1 Bay Mule Bill 80 220.00

1 Mule Jack 75 1 Sorrel do Pigron 70 1 Bay do Bob 75 220.00

1 black do Delph 50 1 Sorrel do Jack 60 110.00

1 black do Nell 80 1 White do Monday 75 155.00

1 brown do John 75 1 Sorrel do Kit 75 150.00

1 Iron gray do Jane 85 1 Bay do Beck 60 145.00

1 Bay do Bet 50 1 do Jenny 50 100.00

1 Sorrel Mare Colt 60 1 Sorrel Horse 40 100.00

1 Black Colt 40 1 Bay Mare 70 110.00

1 Sorrel Horse 80 1 Bay Mare Nancy 40 120.00

1pair Carriage Horses White 250.00

1 Family Carriage & Harness 250.00

1 old Saddle 1. 1 Lot wheat supposed 20 Bush .60 12. 13.00

Oats supposed 60 Bushels @ .40 24.00

Peas supposed 60 Bushels @ .75 45.00

1 Carry-log & Chains 20.00

1 Yoke Oxen 25. 1 do 30. 55.00

79 Head Cattle @ 5. 395.00

27 Sheep @ 1.=27 2 Road Waggons & Harness 200. 227.00

265 head Hogs & Pigs at 1.50 =397.50

Wheels & running part old carriage 20. 417.50

1 Cotton gin 100 1 Threshing Machine 20 120.00

1 pr old Cart Wheels 5. 1 Cart body 3. 1 Grind Stone 2. 10.00

1 Black Smith Bellows 2 old do & Blacksmith tools 75.00

5 double Stacks Fodder supposed 7000 lb. @ 75 52.50

8 Single do 4800 75 36.00

14 Plow Stocks & Singletrees 1.50 each 21.00

3 double Stacks Oats supposed 135 bushels 40 54.00

2 Single do “ 40 “ 40 16.00

37 plow Hoes .50 each 18.50

5 grub hoes 31 1/4 = 156 7 weeding Hoes 1.75 3.31 1/4

7 old Axes 1.75 14 Set plow gear 1.50 21. 22.75

480 Barrels Corn estimated 2.50 1,200.00

Forwarded 34,498.18

Amt. forwarded 34,498.18

Fodder in House supposed 7000 lb. @ 75 52.50

1625 feet plank Lumber at mill 75 124.92

34,675.60

We do certify that as far as produced to us by the executors the foregoing contains a just and true appraisement of the goods & chattels of Samuel M. Devereux deceased to the best of our judgment and understanding. Feb 5, 1841.

Samuel Hall

Thomas W. Burton

Wily Arnold

Hancock County I certify that the within named Thomas W. Burton, Wiley Arnold & Samuel Wall were by me this day duly sworn & qualified to make the within appraisement.

Feb. 5, 1841 Burwell Brown, J.P.

3 Saddles $20 1 Colt Gun 45$ 1 Feather Bed & Stead & furniture 30$ 95.00

1 doz table Spoons & 1 doz T. spoons 27.60

34,797.60

All the above was taken from Hancock County, Georgia Wills, Book P. 1837-1842 Pages 464 through 471 Washington Memorial Library, Macon Georgia MF Box # 4559

Plat of his land is in Box 4560, first thing on roll.

Transcribed by Clifford Berry Johnson Wednesday November 20, 2002