Liberty County Will – Roswell King Jr.

Enslaved People Mentioned: Paris
Slaveholder: Roswell King Jr.
Year: 1854 (will written 1840)
Location: Liberty County, Georgia

Transcription

In the name of God Amen. I Roswell King Jun. of the county of Liberty and State of Geo being sound in body & mind, for the disposition of my Estate both real and personal do make this my last Will and Testament.

First. My will is that all my just debts be fully paid by my Executors hereinafter named.

Second. Wishing my sons to become useful members of the community in which they live, I desire that my Executors hereinafter named do retain the property, consolidated and undivided until the youngest child shall have attained the age of twenty one years, should the heirs [one word] then that time divide it, it is my will that the whole shall immediately go to my next Legal Heirs except such part as the Laws give to my wife during her natural life and after her death, that portion to follow the other.

Third. My sons I wish well instructed in the English language & mathematics, until the age of seventeen, then apprenticed, until the age of twenty-one to a merchant, house carpenter, cabinet maker, machinist, shipwright, millwright or blacksmith but should either of my sons prefer a more learned and [one word] mode of life, either Physic, Law or Gospel, and their means will warrant it my Executors are requested to admit it that any of my sons not following his trade or profession after it is acquired shall not receive one dollar accruing from my Estate until such time as the whole is divided, that any of them in acquiring a more expensive education than the others, the extra amount to be deducted from his portion at a division of my estate.

Fourth. Should it appear beneficial to my family to remove to other parts, and such movement meet the approbation of my Executors, hereinafter named, they are at liberty to dispose of part or the whole or my present property and invest the proceeds in such manner as their prudence and good sense may dictate.

My daughter Mary has my permission at the age of eighteen to marry any man of character & industry that my Executors hereinafter named may approve of, but should it be otherwise that part of my estate upon a division which may become hers is to be in the hands of [one word] to proceeds of which are to be paid annually or quarterly.

Should my wife Julia be so imprudent as to marry again, I desire that her husband should have no control over the property or children whatever; should my wife die before my children are grown up, I desire that they may not be separated until the ages heretofore mentioned. My wife’s individual property is at her own disposal. My driver Paris, so long as he continues to give satisfaction to my Executors and remains my property to receive thirty dollars annually.

Lastly. I do hereby nominate and appoint Hugh Frasier Grant, Joseph E. Maxwell, Ralph King and my wife Julia Executors of this my last will and Testament hereby revoking all other wills by me at any time heretofore made and do declare this my last will and Testament.

In witness whereof I the said Roswell King Junior have to this my last will and Testament in this single sheet of paper contained set my hand and seal this ninth day of May in the year of our Lord one thousand eight hundred and forty.

Signed, sealed, published and declared by the above named Roswell King Jun. As & for his last will & Testament in the presence of us who have hereunto subscribed our names and witnesses in the presence of said Testator, and in the presence of each other.

Raymond Cay

Saml [Samuel] King

[End Transcription]

[Will probated on 4 September 1854, by witness of Raymond Cay. Recorded in Book C, Page 147 & 148 by W.P. Girardeau, Ordinary of Liberty County, 19 September 1854.]

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, Deen, Thomas-Miller, E.C. 1925-1957”]

Find another copy of the will at: “Georgia Probate Records, 1742-1990,” images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-L93T-XBDN?cc=1999178&wc=9SB7-6T5%3A267679901%2C268014801 : 20 May 2014), Liberty > Miscellaneous probate records 1850-1863 vol C and L > image 108 of 703; county probate courthouses, Georgia.

Petition to have Roswell King Jr’s will declared invalid:

[Begin transcript]

State of Georgia, Liberty County } To the ordinary of said County! The petition of the undersigned showeth that Roswell King Jun. departed this life on the first day of July 1854 leaving a Will & Testament; that the said will was subsequently offered for probate & recorded in the Court of Ordinary of Liberty County on the first Monday in September 1854 and was admitted when due proof admitted to probate and recorded & that Julia R. King was qualified as Executrix thereon. Your petitioners show to Your Honor that the said will was improvidently admitted to record in as much as that the same was attested but by two witnesses & the testator died since the first day of June 1852 & the Supreme Court of Georgia have decided that the provisions of the act of 1852 apply to such a Will & that it is consequently utterly void & of none effect.

Wherefore Your petitioners pray that the probate of said will may be revoked [and] that an intestacy may be declared & that Mrs. Julia R. King may be appointed administratrix on said estate.

Sept 1st 1855

J.R. King
Mary E. Wells
J.A.M. King
G.F. King
W.H. King

[End transcript]

For the original copy see: “Georgia Probate Records, 1742-1990,” images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-L93T-XBW9?cc=1999178&wc=9SB7-6T5%3A267679901%2C268014801 : 20 May 2014), Liberty > Miscellaneous probate records 1850-1863 vol C and L > image 141 of 703; county probate courthouses, Georgia.

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