Wednesday, October 5, 2016

Working on Wednesday: Jeremiah Warren Part 3, The Said Will - Bequests to Relatives

After a fairly typical opening paragraph, Great Uncle JeremiahWarren's first nine items deal with bequests to his sisters and brothers (or their children), beginning with sister Sarah, the wife of Lott Harton:

["Georgia Probate Records, 1742-1990," images, FamilySearch, Hancock > Wills and administration records 1831-1840 vol N > image 78 of 376; county probate courthouses, Georgia.]

In the name of God Amen I Jeremiah Warren of the County
of Hancock and State of Georgia weak of body but of sound
mind and memory calling to mind that all men have to die 
I do make and publish this my last will and testament

Item the 1st.     I loan Sarah Harton During her lifetime a negro woman
named Hanah and her increase and at the death of the said
Sarah the negroes to be divided between her three sons also
I give until the said Sarah twenty five dollars which is in full of
her part of my estate.

Sarah died in 1839. Her sons were named Jesse Warren Harton (1800-1847), Wilkins J. Harton (1818-1859) and Alfred P. Harton (about 1825-1864).

In the second section Jeremiah made provision for his sister Mary Warren

Item 2nd.  I loan Mary Warren my sister all my lands whereon my
Mother now lives and the negroes that are living with my
Mother during her lifetime and at her death the negroes
Buck, Judy and her children [&] Lands sold and divided between
Robert Warrens children accept* Epps Warren and James
Warren they have no part in the division.

Mary Warren died in 1843; brother Robert's sons were Green Warren (1805-?), Allen Love Warren (1806-1836), Epps W. Warren (1807-1871), Jesse Mason Warren (1811-1878), and James Warren (1813-?). Robert's two daughters were Sarah Warren (1814-?) and Delilah Warren Breedlove (1815-1860).

What caused Jeremiah to single out two of his nephews Epps and James to be excluded from any part of his estate?

Next it's Robert's (1783-1851) turn for a bequest.

Item 3rd.   I loan Robert Warren the plantation I bought of Joseph
Johnson also the negroes Eliza and her children Sophia
and Mima and Stephen her husband and my Jim Horse one
bead** and furnature for him to use during his life but not
to be subject to be sold for any debt of his contracting, nor is
he hereby empoward to hire or work any parts of said property
after his death the same property Land and negroes to belong
to his (Robert Warrens) daughter Sarah and the heirs of 
her body.

Clearly Jeremiah had no confidence in this brother's business acumen.

Then there was his brother William (1785-1859):

Item 4th.  I give my brother William Warren plantation whereon I now
live and all the money that he now owes me and a negro man named
Pomp and a negro girl named Rilar that now is with my Mother.

Note that this is the first bequest that is a gift of land and not a loan.

Then his sister Elizabeth (1800-1838), the wife of William Smith, had her turn:

Item 5th.   I give Elizabeth Smith twenty five dollars and the money due
me by William Smith her husband for rent.

The next bequest names his niece and nephew Martha (1817-1888) and William Warren (1816-1863), the children on his dead brother James Warren (1790-1820).

Item 6th.  I give to Martha Warren one Negroe boy named William
and to William Warren son of James Warren dec'd one negroe
boy named Robbin.

The seventh item is a bequest to his nephew Jesse Warren (1825-1894), son of Jesse Warren Jr. who was then seven years old.

Item 7th.  I give to Jesse Warren son of Jesse Warren dec'd. one negro
 boy named Matt which negro is not to go into his posseson
untill he arives at full age twenty one.

The bequest to sister Susan Warren Johnson (and her husband Joseph) who filed the caveat trying to prevent this will being accepted for probate follows next:

Item 8th.   I give to Susan Johnson twenty five dollars and the money
now due me by Joseph Johnson her husband.

The ninth bequest is a gift to another nephew, one of sister Sarah's children.

Item 9th.  Give to my Nephew Jesse W Harton one negro boy named
Dennis to go into his possession at my death.

To sum up the first nine items of Jeremiah's will, he obviously had his favorite relatives and others he's not so fond of. It's also clear that he had lent money to several of them and forgave their debts after his demise. Except for his animus towards two of his nephews, it's all pretty standard for a slave-owning person in the South.

But next time I will be delving into his 10th Item the terms of which must have caused a lot of talk there in the slave state of Georgia in 1834 and could well have been the real reason behind the Johnsons' caveat which stated as its final grounds:

Sixth Said Will is void because it was not Known at
the time of the signature of the said Will by said
testator what were its contents, and because said
bequests in said pretended Will is totally unlawful
and no bequests at all. Thomas & Gonder[?], Attys for Caveator

And then there's the Codicil...

*From the context it's clear that the intended word here is "except".
**And this should be "bed".

© 2016 Copyright, Christine Manczuk, All Rights Reserved.

No comments:

Post a Comment