LAST WILL OF THOMAS ELLIS – DESEASED

GEORGIA                      }

HENRY COUNTY          }

                                       }

In the name of God Amen, I Thomas Ellis of said state and county being of advanced age and knowing that I must shortly depart from this world deem it right and proper both as respects myself and family that I should make a disposition of the property with which a kind providence had blessed me.  I therefore make this my last will and testament hereby revoking and annulling all others heretofore made by me.

Item 1^st – I desire and direct that my boddy be buried in a decent and Christianlike manner.

Item Second – I desire and direct that all my just debts be paid without delay by my executors hereinafter named.

Item Third – I give and devise to my beloved wife Araminter all my property both real and personal during her natural life or widowhood.

Item Fourth – I give and devise to my son John an equal portion of my estate with rest of my children, less by two hundred and fifty dollars he having already received the above stated amount.

Item Fifth – I give and devise to my son Willis an equal portion of my estate with the rest of my children.

Item Sixth – I give and devise to my son Peter and his children an equal shear of my estate with the rest of my children.

Item 7^th – I give to my daughter Francis Bishop and her children (an equal portion) of my estate with the rest of my children.

Item Eighth – I give to my son Gallant an equal portion of my estate with the rest of my children.

Item Ninth – I give to my daughter Elizabeth Seagraves an equal portion of my estate with the rest of my children.

Item Tenth – I give to my son William an equal portion of my estate with the rest of my children and eight hundred dollars over and above he not having received anything heretofore.

Item Eleventh – I give to my son Hiram an equal portion of my estate with the rest of my children.

Item Twelfth I give to my son Thomas J. an equal portion of my estate with the rest of my children.

Item Thirteenth – I give to my son Radford an equal portion of my estate with the rest of my children.

Item Fourteenth – I give to my daughter Parthena Ann Jones and her children an equal portion of my estate with the rest of my children, her husband William Jones having no part in my estate.

Item Fifteenth – I constitute and appoint my son Radford Ellis and Tillman Seagraves executors to this my last will and testament this July the 8^th 1851.

                                                                                    Thomas (X) Ellis

Witnesses:

R. P. Ellis

Wm. J. Ellis

R. M. Richards

Morris N. Skinner

CODICIL

Whereas I Thomas Ellis did on the eight day of July in the year of our Lord Eighteen Hundred and Fifty One signed sealed and published my last will and testament in the presence of R. P. Ellis, William J. Ellis, R. N. Richards and Morris N. Skinner who signed said will and testament as witnesses, and whereas I am desirous of attesting and changing a devise in said will and testament, I therefore make and publish this codicil to said will.

First, I will that my executors keep in their hands all of my daughter Parthena Ann Jones’ part of my estate and let her have it as they may think propper.

                                                                                    Thomas (X) Ellis

R. P. Ellis

M. N. Skinner

Wm. J. Ellis

R. N. Richards

THOMAS ELLIS’ WILL

STATE OF GEORGIA

HENRY (SPALDING) COUNTY

Spalding Court of Ordinary Jany 15^th 1862.  The will of Thomas Ellis being produced in open court for probate by the executor who has filed his petition to prove the same and one of the witnesses to said will William J. Ellis having subscribed the following affidavit indorsed on said will “Jany Term 1862 of Spalding Court of Ordinary.” Come in open court at this a regular term of the court William J. Ellis and being duly sworn deposes that he saw Thomas Ellis sign and publish the witness on his last will and testament while of sound and disposing mind and memory that he witnessed the same for him at his request and in his presents and in the presents of the other witnesses to said will, and that the same was executed voluntarily by him on the day it purports to have been executed.

                                                                                    William J. Ellis

Sworn to and subscribed in open court January Term 1862.

                                                                                    J. D. Stewart – Ordinary

Ordered by the court that said will be admitted to be as satisfactorily proven in common form.

                                                                                    John D. Stewart – Ordinary

Spalding County Will Book A, 1852-1880, P. 77-78

GEORGIA ARCHIVES Dr. 164, Box 63

Transcribed by Linda and Bob Ellis

Gwinnett Co., GA

March, 1988

NOTE: Thomas Ellis was William Ellis, Jr.'s brother and also a resident of Spalding County.

submitted by Bob and Linda Ellis, Duluth, Georgia, October 4, 2005

See other Spalding County Ellis Family Pages