|Wilkes County, Georgia Will of John Callaway|
State of Georgia.}Being in sound mind and memory do this day make my last will and testament.
Wilkes County }
1st. My will is that all my just debts be paid as soon as convenient after my death.
2nd. I lend to my wife Bethany Callaway during her life time one third part of my plantation whereon I now live including the dwelling house and every other house on said plantation, also the following negroeis, Scepio, Anthony, Lewis, Inde, and Cato, also the choice of two horses out of my stock, also the choice of four cows or calves, also the third part of all my household and kitchen furniture, and the third part of my plantation tools all to be enjoyed by her during her life time without any interruption.
3rd. I give to my son John Callaway a certain bond or obligation he gave me for the sum of six hundred dollars bearing date of twenty third day of August,1810 and made payable on or before the first day of December following to his heirs and assigns forever.
4th. I give to my son John Callaway the following negroes, Mike, Jack, and Jane all to him his heirs and assigns foever.
5th. I give to my son Isaac Callaway the following negroes, George and Ailsy and a plantation in Madison County, this State adjoining George James, containing one hundred acres be the same more or less to him his heirs and assigns forever.
6th. I give to my son Enoch Callaway one negro named MIlly and two thirds of my land whereon I now live and after the death of my wife Bethany her part of the said land which will include the amount of the land and plantation whereon I now give to him and his assigns forever.
7th. I give to my Daughter Nancy Carrington, two negroes, Big Inde, and Pricilla to her and her heirs and assigns forever.
8th. I give to my daughter Bethany Talbot, two negroes, Little Inde, and Bob and to her and her heirs and assigns forever.
9th. I give to my daughter Betsey Jarrell, two negroes, Eveline and Dilsy, to her and her heirs and assigns forever.
10th. I give to my daughter Phoeby Strozier, two negroes, Henrietta and Fanny to her and her heirs and assigns forever.
11th. I give to my daughter Mary Thrash, two negroes, Rachel and Simon to her and her heirs and assigns forever.
12th. I give to my daughter Lydia Thrash, two negroes, Dolly and David to her and her heirs and assigns forever.
13th. I give to my daughter Addah Milner three negroes, Samy, Washington, and Cloe, to her and her heirs and assigns forever.
14th. And my further Will is that whatever I have heretofore given my children is to be theirs and not to be accounted for any part of my Estate thereafter.
15th. I give to my three grandchildren Jacob Whitaker, Isaac and Arnold, one horse, saddle and bridle to each of them to be valued at one hundred and thirty dollars to be delivered to them as they become of age.
16th. And as to the residue of my property which I have not willed away I want to be equally divided among all my children and three grand children which I have named before in this my last will viz. Jacob Whitaker, Isaac, and Arnold them to have one part of my property and that part to be equally divided between them, and also the property which I have lent to my wife except the land to be divided the same way and manner.
17th. I constitute name and appoint my two sons John Callaway and Enoch Callaway the executors of my last Will and Testament, Witness my hand and seal this 13th day of April, 1819.
Thomas D. McLaughlin
State of Georgia.}Personally appeared in open court, Thomas W. McLaughlin, Theophilus WArthen, and Mary H. Warthen, who being duly sworn, say that they saw John Callaway sign, seal and publish the within instrument of writing as his last Will and Testament, and at the time of his so doing was of sound and disposing mind and memory and that they subscribed it in his presence and by his express direction.
Wilkes County }
Sowrn in open court this 3rd of September, 1821.
from An Account of The John Callaway Family and Home in Wilkes County, Georgia by Brantly Mercer Callaway, II (1983), pp. 17-19.
» Transcribed by: Samuel Taylor Geer «