Liberty County Will – Andrew Walthour

African-Americans Mentioned: Abram, Ben, Celia [2], Little Clarissa, Charles, Dispatch, George, Hector, Carpenter Jack, Jane, Little Jenny, Jim, Kate, Leah, Lydia, Matilda, Miley, Moses, Murriah, Big Nancy, Phebe, Sally
Slaveholder: Andrew Walthour
Year: 1822
Location: Liberty County, Georgia

Will Summary:

Testator: Andrew Walthour, Liberty County, State of Georgia

Bequests:

  • To wife Elizabeth Walthour all of his estate that she was possessed of at the time of their marriage, plus his riding carriage and the horses for it.

  • After his “few and small” debts are paid and payment of his legacies, he loans to his wife Elizabeth Walthour for use during her natural life, “the following fourteen negro slaves, who are to be fed and clothed at her expense”: Charles, Sally, Dispatch, Miley, Jim, Lydia, Ben, George, Phebe, Little Clarissa, Little Jenny, Matilda, Big Nancy, and Leah. They shall not be subject to any debts of his wife. She shall be entitled to all the profits from their labor, and shall be exempted from payment of all state and county taxes that may be due on them. The executors are to pay these taxes out of the profits of the part of the estate bequeathed to son George W. Walthour and the issue of his daughter Sarah Ann McConnell. These slaves shall be kept within the limits of Liberty County and not moved without consent of the Executors, who will also have authority to appoint or disallow the choice of an overseer for them, or to fire him. After his wife’s death, these slaves, along with their issue, will b “disposed of in like manner with such part of my estate as is bequeathed jointly, and not separately, to my son and to the issue of my daughter.”

  • His wife may cultivate as much of his land as is needed for the slaves, free from rent or any other charge.

  • His wife may use his dwelling house on the Sand Hills and one half of the household and kitchen furniture belonging to it during her widowhood. None of his children shall be charged for board there, but they shall bear an equal proportion of the house expenses. If his wife dies or remarries, the house will become part of estate and will go to his son and daughter as joint tenants for life.

  • In lieu of dower, his wife is to receive twelve hundred dollars to be paid by the executors from funded stock, or in any other way they find most convenient.

  • To son George W. Walthour and his heirs, he gives “the following negro slaves and the future issue of the females”: Hector, Celia, Carpenter Jack, boy Abram, and girl Jane, as well as his plantation and all the lands, cleared and uncleared, on the north side of the Swamp, down to John Way’s upper or head line. Also gives his son and his son’s heirs fifteen shares in the Planters Bank of the State of Georgia, one half of “my ready money,” and one half of “all my evidences of debt.”

  • To daughter Sarah Ann McConnell and her heirs, “the following negro slaves, together with the future issue of the females”: Murriah, Kate, Celia, Moses, and [left blank], as well as fifteen shares in the Planters Bank of the State of Georgia.

  • To Mr. Joseph Way and his heirs, “the lot of land on the Sand Hills, on which he now resides, containing about five acres.”

  • “As a token of my regard for my negro man Hector, who has faithfully served me for many years in the capacity of a driver, I give and bequeath unto him the sum of one hundred dollars.”

  • Five hundred dollars shall be given by the executors to such charitable purposes as they think best.

  • One-half of the remainder of his real and personal estate he leaves to his son George W. Walthour and his heirs, and the other half to the child or children of his daughter Sarah Ann McConnell. His daughter to have use of this half during her natural life, but the property shall not be at any time or in any way subject to the debts of her present or any future husband, no matter whether the debts were contracted before or after the date of this will. The division of the property into halves between his son and his daughter’s children may not be changed until his son shall marry.

Executors: Major John Stevens, Thomas Mallard, Thomas Bacon, Thomas Quarterman, and his son George W. Walthour.

Date signed: 26 October 1822

Witnesses: Wm. [William] Wilson

Thos. [Thomas] Bacon

Thos. [Thomas] Mallard

Probated by William Wilson on 4 October 1824.

Recorded 13 January 1825

See original will at: https://www.familysearch.org/ark:/61903/3:1:3QS7-L93L-GCJJ?i=444&wc=9SYT-PT5%3A267679901%2C268032901&cc=1999178

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