Georgia
Lumpkin County page 21-22
===========================================================In the name of God Amen - I David Jay of the County of Lumpkin and State of Georgia being at present in my proper mind thanks be to God, calling to mind the mortality of man. Knowing it to be the destination for all men not to die - I do make and ordain this my last will and testament viz. principally and first of all I commend my soul into the hands of my great creator - Jesus Christ who gave it and my body to be decently buried and as touching such worldly estate - wherewith it hath pleased almighty God to bless me in this world with.....I give and bequeth the same in manner and form following viz.
1st I do give and bequeth unto Elizabeth my dearly beloved wife all my estate whereof I die possessed of. To have and to hold the same during her natural life as her soul property and at death of my wife Elizabeth all that portion of land with the mill which I die possessed of on lot No. 249 Number Two hundred and forty nine in the fifth district and first Section of originally Cherokee now Lumpkin County, which I hold in reserve it being 20 Twenty acres more or less. I will that the same shall be equally divided between my daughters - viz. Martha Harris and Mary Charles and Jane Gamblin and Elizabeth Lusk and Anna Rutherford and it shall be soul property forever and after the death of my wife Elizabeth that my sons have one dollar each viz John Jay and Sarah Parris and William Jay and David Jay Jnr. and Wesley Jay and it is my will that they have one dollar and no more.
2ndly and I do hereby make, ordain, constitute and appoint William B. Rutherford and Jane Gamblin Executors of this my last will and testament who are hereby empowered to pay off all my lawful debts and settle my accounts, but the rest shall all remain in my wife Elizabeth's hands during her natural life as aforesaid and at her death she shall have power to dispose of whatsoever personal or other estate not herein before mentioned as my seem good to her and I will that my executors shall duly fulfil and execute this my last will and testament and I do hereby disanull and utterly void all my former wills or bequethings done by me at this writing or by word of mouth, ratifying and conforming this and no other to be my last will and testament in writing where of I have hereunto set my hand and seal this 1st day of September 1838.
David Jay Senr.
Attested:
Joseph W. Gamblin
William S. Waters
David Jay Jnr.
Submitted by Vince King
Added notes for the researcher...........it is unknown as to which Harris daughter Martha Jay Harris was married to although she lived in Lumpkin Co., Mary Jay Charles was married to Melchesadick Charles, Jane Jay Gamblin was married to the late Reuben Gamblin who died in Lumpkin shortly before David Jay Sr. died, Elizabeth Jay Lusk was married to John Smith Lusk, and Anna Jay Rutherford was married to William B. Rutherford who was appointed an executor of the estate. All of these daughters lived nearby in northern GA. Sarah Jay Parris, while a daughter, lived in Warren Co. TN with her husband Thomas Parris and family. It is assumed since she was older and lived out of state, that she was treated more as a son, listed as such and just given money. Joseph W. Gamblin was a neighbor and brother to Reuben Gamblin the late husband of Jane Jay Gamblin. William S. Waters was a neighbor and some of his family later married into the Jay family.