Will

[001]


State of Georgia
Wilkes County

I Isaiah F. Irwin [Senior] of the State
& County aforesaid being of sound dis-
-posing mind & memory, do make & declare this to by my last
will & testament hereby revoking all former wills by me made
I give my soul to God who gave it & my body to be buried in
a Christian manner agreeably to the wishes of my friends
Item 1st. I will to my beloved wife Isabella Irwin during her
natural life the following property to wit a Negro man named
John, his wife Sophy & their children, John, Martha, Mandy, Winston
& Cordelia, Bob & his wife Aneka, Another woman named Aneka,
Isaiah & his wife Sabra & Their Child Henry, Jim & his Wife Eve
& their children Jack, Lew. Oliver, Andrew, Tilla, Louisa & George
Peter & his wife Eliza Long Sol. & his Wife Tenor. Esaw & his wife
Julia, & my three old Servants Patrick, Dave & his wife Anna
all my household & kitchen furniture, my carriage & horses
eight plantation Horses or Mules three yoke of Oxen, ten choice
Cows & Calves & fifteen head of Stock Cattle, seventy head
of hogs of the average stock twenty head of sheep set of Black-
-smith tools, best road wagon, two goods oxe cart & all the
gear thereto belonging & one years support of Provisions of every
kind for herself & farm, also all that part of my Real Estate lying
on the East side of the road leading from Lutherville to Crawford
-ville being that on which I now live together with all the appur-
-tenances, gun, running gear &c & such plantation tools & utensils
as she may need, also five hundred dollars in cash to be disposed
of by her as she may think fit & that it may be fully understood
I again State that all the above property thus given to my
beloved wife (except the five hundred dollars) is for her during
her natural life & after her death to fall back into my
Estate & be divided as herein after pointed out.
Item 2nd. I will & bequeath to my Grand son John Pope
Johnson two thousand dollars in cash & five shares
of Stock in the Georgia rail road Company

[002]

Item 3rd I will & bequeath to my daughter Louisa T. Crosby for
her sole & separate use & benefit to be in no way used handled or
enjoyed by her husbands Baylee R. Crosby, with full power rested
in her to will the same or give it to her children in any
manner she may think proper, the sum of forty five Hundred
dollars in Cash, I hereby appoint her son Edwin Crosby her
Trustee, but her individual receipt for the above sum shall
be a sufficient release to my Executors
& I will to my grand daughters Caroline Favor, Ann Reese
& Isabella Askew [?], each the sum of nine Hundred dollars in
Cash & to my grand sons Isaiah & Davis & Andrew & Davis each
the sum of Nine hundred dollars for their sole & separate use. Not
subject to past or future debts but to be held by them in Trust
for themselves & children
Item 4. I will to my two sons Charles M. Irwin & Isaiah T. Irwin
[Junior] the balance of my rail road stock not disposed of above
Item 5th. I will & desire after the above provisions are carried out
(my executors being allowed twelve months after my death to
pay off the specific legacies without being chargeable with
interest therein) that my grand daughter Martha J. I. Stephens
shall receive, the one half of one seventh (or one fourteenth)
of the remainder of my estate & that all the balance sshall
be equally divided among my children, Nancy H. Favor
Charles M. Irwin, I Irwin [Junior], Martha S. Battle, & Mary A. Callaway
with the understanding that the latter is to give out of her share
the sum of five Hundred Dollars to each of her Children Isabella
Bacon, John N. Walton & William S. Walton, with the further under-
-standing & upon the condition that the portions left to my
daughters Nancy N. Favor, Mary, A. Callaway & Martha S. Battle
are respectively for their sole & separate use & benefit, not
to be subject to the debts default or contracts of their respe-
-ctive husbands but to be held by their said Husbands In
Trust as above stated for their sole & separate use of my

[003]

said daughters & their children. My daughter Nancy Favor
to have full power to will or give away to her children at
any time & whenever she pleases any part or the whole above left
to her without the consent of her trustee. Item 6th
I will & desire that one half of the real estate which I have above left
to my beloved wife during her natural life be equally divided
at her death between my two sons Charles M. Irwin & Isaiah I
Irwin [Junior] over & above the rest. & I also will to my said sons
after the death of my wife my three old faithful servants, Patrick
Dave & his wife Anna, with the request that as they were among
the first I ever owned, they shall be well cared for as long as they
live. and I will & desire that the balance of the property willed to
my wife during life shall after her death be divided as follows
to wit My grand daughter Martha I. L. Stephens to receive the
one half of one seventh (or one fourteenth) part thereof and all
the balance to be equally divided among my children Nancy
N. Favor, Charles M. Irwin, Mary. A Callaway, & Isaiah I. Ervin [Junior]
& Martha S. Battle, my said daughters to receive their shares subjects
to the same trusts & for the same use & on the same conditions as
provided for in Item 5th. Item 7th.
I will that for the purpose of an equitable division of my property my
executor shall have full power & authority to sell the whole or any
part thereof on the premises or elsewhere at public or private
sale without any order of court & they shall also have power
& authority to purchase at such sales any property they may desire
& I further desire that in dividing my negroes my son Charles
shall be allowed the privilege of taking in his lot those I purchased
of [hire?] heretofore, & I appoint my two sons Charles M. Irwin & Isaiah I.
Irwin [Junior] My Executors, signed sealed & published in the presence of the under
-signed witnesses who signed in the presence of Testator & the presence
of each other this 3rd day of March 1856
[signed] Isaiah I. Irwin [Senior]
[signed] L. W. Huff
[signed] Arden Evans
[signed] James H. Lane

[004]

State of Georgia
County of Wilkes

Ordinaries Offices
In Chambers [April] 26th 1856
Personally appeared before me L. W. Huff, Arden
Evans, & James H. Lane the subscribing witness to the
annexed Instrument, who being duly sworn according
to Law depose & say that they saw the Testator
[Isaiah[ I. Irwin [Senior] sign & seal the same which he publis-
-hed & declared to be his last will & Testament & at
the time of his so doing he was of sound disposing
mind & memory. that the same was done by him
Voluntarily as far as they know or believe that
they signed the same as witnesses in his presence
& at his request & in the presence of each other
[signed] L. W. Huff
Arden Evans
James H. Lane
Sworn to & Subscribed
before me [April] 26th 1856
G. G. Norman [Ordinary]


State of Georgia
County of Wilkes

I G. G. Norman Ordinary & Ex-officio[?]
Clerk of Court of Ordinary in &
for said County do certify that the above & foregoing
is a true copy of last will & testament of [Isaiah] I. Irwin
[Senior] as appears of record in my my office &
I further certify that that the Executors named
& appointed in said will (Charles M. Irwin &
Isaiah. I. Irwin [Junior]) have been duly qualified
as Executors, & that letters Testamentary has been
passed[?] to them
Given under my hand &
seal of office this 3rd day
of October 1856
[signed] G. G. Norma [Ordinary]
& Ex-officio C. C. O.