John C. Poythress, Burke County, Georgia
Will of 25 July 1862
State of Georgia
I, John C. Poythress, of the county of Burke and said State being of sound
and disposing mind and memory do make ordain and establish this to be my
last will and testament hereby revoking all others made by me.
Item 1. I desire my body to be buried in a decent and proper manner
suitable to my administrators, my soul I trust will return to God who gave
Item 2. I desire all my just debts to be paid as early as practicable after
Item 3. I bequeath to my niece Marian B. McIntosh the daughter of William
S. C. Morris of the county of Burke all my Confederate Bonds such as I now
have and such as I may hereafter acquire.
Item 4. The rest and residue of my estate both real and personal I devise
and bequeath unto my Executors and Trustees hereinafter named in trust to
be kept together to manage for the use and behoof of my niece Mary E.
Mandell and her daughter Ann Eliza R. Mandell to be maintained separate,
and exempt from the control, management, and direction or use in any way
whatever of her husband George A. Mandell. And to be so held until the
marriage either of said Mary E. or said Ann E. R. (should said Mary E. ever
Item 5. In the event of the marriage of either then I direct an equal
division to be made between them share and share alike.
Item 6. The share of said Ann E. R. Mandell to be hers forever in fee
Item 7. The share of said Mary E. to be hers for and during her natural
life only unless she should again marry some other person than said George
A. In the event of her again so marrying then said share to be hers in fee
simple forever. But should she not again marry then at her death I devise
and bequeath her said share to Ann E. R. in fee simple forever.
Item 8. I devise and direct that such part of my estate be at my death
jointly at work and use upon the plantation remain his on station Augusta
and Savannah Rail Road in said Burke County with property belonging to
William S. C. Morris be continued and in the same way and under the same
management which with between him and myself so long as he may prefer, it
being part of the legacy to my said nieces Mary E. and Ann E. R.
Item 9. I do hereby constitute and appoint William S. C. Morris, James H.
Regals and Edward A. Carter, Jr. of said county of Burke, Executors and
trustees of my last will and testament.
John C. Poythress /s/
July 25, 1862
As witnesses signed, published and declared by testator to be his last will
and testament in presence of us who attested and subscribed the same at his
request in his presence and in the presence of each other.
John S. Shoemake
Personally appeared in open court this day James H. Regals, one of the
executors of the last will and testament of John C. Poythress, late of said
county deceased and also John S. Shoemake one of the witnesses of said will
which said (witness being sworn) that he saw said John C. Poythress sign,
seal and publish and declare the said testimonial as his last will and
testament voluntarily and without compulsion, that he was of sound mind and
reasoning and said testator signed thereupon in the presence of the other
witnesses Victoria Varner, Charlotte Carter and Elizabeth Carruthers.that
the witnesses signed the same as such in the presence of said testator and
John S. Shoemake
Signed to & Subscribed
This 6 October 1862
Jas. A. Shoemake, CBC
This last will and testament of John C. Poythress late of Burke County
having been presented by James H. Regals one of the executors therein and
duely proven in common form by the testimony of John S. Shoemake one of the
subscribing witnesses thereto on motion of said executor James H. Regals it
is ordered that said will be admitted to access and that letters
testamentary do issue to the therein named except Edward A. Carter & to him
upon his arrival at age (21 years) upon his taking the oath as Executor
unencumbered by law. And it is further ordered that upon such letters
testamentary having been issued a warrant of appraisement be issued to
Thomas H. Blount, Edward J. Carter, John I. Jones, Edward Beque and Elisha
Watkins authorizing them or a majority of them to appraise the estate of
said deceased in terms of the law.
(Georgia Dept. of Archives & History
Microfilm drawer 115, roll 21, pages
207-209, transcribed 21 Nov 2000)