The Last Will and Testament of Joseph
21 March 1853
State of Georgia ) In the name of God Amen.
Troup County ) I Joseph Poythress of said County and state being
of sound and disposing mind and memory, but calling to mind that it is
appointed for all men once to die do make publish and declare my last will
and testament in words following to wit
Item 1st To my beloved wife Mary I hereby confirm the land and negroes
heretofore given her by deed and agreement. In addition thereto I give
to my said Wife the house and lot on which we now live in the town of LaGrange
and all the household and Kitchen Furniture of every description and also
the negro boy Sandy and also the horses and carriage and James Monk, Peter
and James child William and Rachel and her two children and Walt.
Item 2nd I give to my son Frank Andrew the sixty shares I own in the capital
stock of the Atlanta and LaGrange Rail Road Company.
Item 3rd The ballance (sic) of my Estate of Every description I wish equally
divided between my children share and share alike. In this division that
portion heretofore advanced to a portion of children I desire taken into
the account so that those to whom I have not made advancements while in
life may be ultimately equal; and in order to avoid difficulty on this
point I will here specify the advancements made: to my daughter Mary Ann
E. Ware, wife of Daniel Ware I now advance and confirm the negroes and
land of which she is now in possession by permission being about Eighteen
negroes and three hundred and eighty acres of land which heretofore has
been a loan and Estimated by me to be of the value of Fourteen thousand
dollars and so to be valued in the division. And to my son Russell K. Poythress
I have advanced about the sum of Five thousand dollars and at which it
is to be valued in the division. The Six thousand dollars Rail Road stock
given to my son Frank in the second item of this will is not to be brought
into hotchpotch but is a gift extra.
Item 4th That portion of the property falling to my daughter Sarah Jane
is to be received and kept [by] my wife Mary in trust for the sole and
separate use of the said Sarah Jane. And that portion of property falling
to my son William is to be received and managed by his brother Russell
K. Poythress as trustee for William.
Item 5th That portion of the property hereby given to my daughter Mary
Ann Ware including the land and negroes mentioned in the third item of
this will I give to her sole and separate use during her life and after
her death to her children in fee.
Item 6th I nominate and appoint my son Russell K. Poythress and my wife
Mary Poythress Executor and Executrix of this my last will and testament.
In testimony of all which I have hereunto set my hand and affixed my seal
and published and declared this to be my last will and testament, the 21st
day of March, 1853.
Signed sealed, published and declared the )
day and year above written in presence of ) Joseph Poythress (seal)
us who attest the same in presence of the testator )
J. H. H. Colquitt
R. A. T. Ridley
Transcribed 17 Feb 1998
Georgia Dept. of Archives & History
Microfilm Drawer 156/ Roll 4
Troup County, Georgia, Court of the Ordinary
Estate Records, Will Book B, 1848-1888, page 63