Georgia
Lumpkin County
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In the name of God Amen.  I, John Hamby of the County and State aforesaid, being of sound mind and memory, calling unto mind the uncertainty of death and knowing that the time is not far distant when I must leave this world and appear before my God, do this day ordain and appoint this my last Will and Testament.

I first resign my body to its mother dust and my soul to God who gave it.

In the second place my will is that all my debts shall be paid and all my funeral expenses out of debts which are due me and perishable property which I own and my Executrix Is fully authorized to sell, collect and pay all just demands against me.

In the third place my will and desire is and I do by these presents, give and bequeath unto my beloved Wife Sally the full control over my estate both Real and Personal as Executrix and Guardian for my Children to buy and sell Lands and convey Titles as such as she may think best for their advancement and as each Child comes as age or marries, Sarah Ann, John Wesley, Benjamin G. B., Ezekiel Jones, Mary Elinder, Stephen May and Robert Samuel to give to each an equal portion of my Estate both Real and Personal though it is my will that my Wife shall not be compelled to give to each Child its full portion at such time only what she sees fit.  But finally at her death that they have an equal share and for her to keep a Book so that she will be able to do equal justice to all.  But if at any time my wife shall shall choose to marry she she shall and it Is my will that she shall have a Childs part of my Estate both Real and Personal which division shall be made by distribution ________.  My will is that my Lands, which I own at my death the no of which can be known by a conformance.  My will that my wife is fully authorized to grant, bargain and sell any of them and make signs, seal her hand, dispense lawful Warantee Titles for the same and signify the same by signing her name as the Executrix and Guardian.  And also to buy and pay for Land out of any effects belonging to my Estate and con(c/f)er Title in the same manner.

In testimony of which I have set my hand and affixed my seal this Thirty first day of March In the Year of our Lord One Thousand Eight hundred and forty five.

      John Hamby   SEAL

Signed in the presence of:
Adolph Hill
Ezekiel Hamby
Samuel Hymie  J. P.

 

Submitted by Kenneth Gilreath