Liberty County Will – Ann Axson

Enslaved People Mentioned: Bess, Caroline, Charles, Chloe and her infant child not yet named, Cornelia, Dick, Ellen, Emeline, Floyd, Grace, Harriet, Isaac, Jack, James, Jane, John [2], Josephine, Judy, July, Lawrence, Linda, Lucy, Mary, Peggy, Peter [2], Phillis, Phoebe, Priscilla, Robert, Rose, Samuel, Sarah [2], Silvia, Stafford, Stepney, Susan, Tyrone, William
Slaveholder: Ann Axson
Year: 1853
Location: Liberty County, Georgia

Transcription

Georgia, Liberty County } I Ann Axson of said County and State do make publish and declare my last Will and Testament in manner and form following.

1st: I give devise and bequeath to my friends Henry M. Stevens and Col. Joseph Quarterman upon certain Trusts and Conditions hereinafter mentioned and set forth the following named negro slaves: Phoebe William Emeline Peter Silvia Linda Mary Josephine Chloe and her infant child not yet named, Susan Isaac Stepney with the future issue and increase of the females from the present time To Have and To Hold said slaves with the future issue and increase and increase as aforesaid upon the following Trusts and Conditions and for no other trust use or condition whatsoever – that is to say In Trust for the sole and separate use benefit and behoof of my Daughter Ann McConnell for and during the term of her natural life not subject to the debts or control of her present or any future husband and at her death to such child or children of my said daughter Ann as she may have living at the time of her death share and share alike.

2d: I also give devise and bequeath to my said friends Henry M. Stevens and Col. Joseph Quarterman upon certain Trusts and Conditions hereinafter mentioned and set forth the following named negro slaves: Jane Peter John James Harriet July Robert Lawrence Sarah Samuel Ellen Grace Judy with future issue and increase of the females from the present To Have and To Hold said slaves with the future issue and increase as aforesaid upon the following Trusts Uses and Conditions and for no other trust use or condition whatsoever – That is to say In Trust for the sole and separate use benefit and behoof of my Daughter Olivia T. Way for and during the term of her natural life not subject to the debts or control of her present or any future husband and at her death to such child or children of my said Daughter Olivia T. Way as she may have living at the time of her death share and share alike.

3d: I give devise and bequeath to my grand-children the children of my deceased Daughter Sacharissa Jones the following named slaves: Bess Cornelia Priscilla Floyd Rose Sarah Caroline Tyrone with the future issue and increase of the females from the present time To Have and To Hold said slaves with the future issue and increase as aforesaid share and share alike to them their heirs and assigns forever.

4th: I give devise and bequeath to my son Richard F. Axson the following named slaves: Charles Dick Jack John Stafford Peggy Phillis Lucy with the future issue and increase of the females from the present time To Have and To Hold said slaves with the future issue and increase as aforesaid to him his heirs and assigns forever.

5th: I also give devise and bequeath to my said son Richard F. my plantation in Liberty County called [two words] with all and singular the rights privileges and appurtenances thereunto belonging or in any wise appurtaining together with all the plantation tools and implements of whatever kind or description. I also give my said son the plantation horses mules and oxen my stock of cattle and all other livestock of every description to him his heirs and assigns forever.

6th: I further give devise and bequeath to my said son Richard F. all my right title and interest to and in the house and lot in Walthourville and a small tract of land adjacent surveyed for me by William Hughes Esqr. To him his heirs and assigns forever.

7th: I give devise and bequeath to my Daughter Ann McConnell the Barouche and Barouche horse that I may have in use at the time of my decease.

8: I give and bequeath to my Nephew Edwin Lambright the sum of Two Hundred Dollars.

9: Any Cash I have have on hand at the time of my decease together with the net proceeds of the crop on hand or growing at the time I wish applied and I hereby denot[e] that the same be applied to the payment of my debts and the foregoing legacy of Two Hundred Dollars to my nephew and the remainder of any I wish divided between my two daughters Ann McConnell and Olivia T. Way share and share alike.

10: If the cash and crop on hand at the time of my death should not be sufficient to pay my Debts then whatever debt may remain after the cash and crop shall have been applied to its extinguishment I wish paid by my Legatees not in proportion to the bequests or devises I have made them but each to pay an equal share thereof per stirpes and not per capita.

11: I hereby constitute and appoint my son Richard F. Axson and my friend George W. Walthour Executors of this my Last Will and Testament.

Signed Sealed Published and Declared as her last Will & Testament in our presence who at her request and in her presence have signed the same as Witnesses this 22d day of July, 1853.

Josiah S. Law

William L. Walthour

W.B. Fleming, Not. Pub.

[End Transcription]

NOTES:

  • According to the marriage contract dated December 24, 1806, between Ann Dicks, widow, and Samuel J. Axson, physician, Ann brought 17 slaves to the marriage. [See: Helmers, Lois, Early Records of Liberty County, Georgia]

  • In Ann Axson’s will record: “This is to certify that the transfer of Stepney from Mrs. Way to Mrs. McConnell is made by my directions this June 12, 1854 in the presence of J.?. Stevens, E. Chapman, M.L. Walthour, H.M. Stevens [See above links to the will papers on Ancestry.com or FamilySearch.org]

Find the original (complete) will and other papers online at Ancestry.com or FamilySearch.org. [Source name on both sites: “Georgia, Wills and Probate Records, 1742-1992” → “Liberty County” → “Wills, Alexander, E-Dorsey, J, 1864-1876”]

Find another copy of the will at: “Georgia Probate Records, 1742-1990,” images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-893T-XY95?cc=1999178&wc=9SB7-6T5%3A267679901%2C268014801 : 20 May 2014), Liberty > Miscellaneous probate records 1850-1863 vol C and L > image 106 of 703; county probate courthouses, Georgia.

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