John B Mercers Will
John B Messer Will
State of GA
County of Jones
In the name of God amen , I John B Messer of the county of Jones and State of Georgia , being of sound and disposing mind and memory and desirous to settle my worldly affairs, while I have strength to do so , do make and publish this my Last Will and Testament , hereby revoking all wills by me at any time heretofore made . And first I commit my soul to God who gave it and my body I desire buried in the Family burial ground and my worldly estate I dispose of as follows,
First , I will and bequeath unto my beloved wife Martha D Messer four hundred acres of land, viz the lot of land the dwelling house now stands on and the adjoining lot of land adjoining it , together with the house & beds and all the furniture and kitchen furniture.
Second , I will and bequeath that my negroes be equally divided between my wife Martha and my children, my wife to have first choice negroes , the property so given to my wife shall be and remain her property during her natural life and after her death to be equally divided among my children .
Third The property so given to my daughter shall be their sole and separate property and after their death , the property of their children and not subject to the debts of their husband.
Forth The balance of my lands after my wife shall have taken off the above named four hundred acres shall be equally divided between my sons and after the death of my sons or son it shall be the property of their children and if either of my sons should die without a lawful heir then said share of land shall be the property of my living sons.
Fifth I will and bequeath unto my son Luke my gold watch and chain
Sixth All the above property so willed to my sons shall be and remain the property of my sons during their natural life and after their death to be the property of their children.
Seventh I hereby appoint my sons John W L Messer and Francis M Messer my Executor to this my last will and testament . In witness whereof I the said John B Messer to this my last will consisting of the last two pages of paper have set my hand and seal this 9 th day of April 1859.
J B Messer
Signed sealed published and declared by the above named John B Messer as his last will and testament in the presence of us at his request in the presence of each other have subscribed our names as witness hereto.
James G Barnes
Robert Woodall
Walter W Butler
Ga Court of Ordinary Jones County
May Term 1859
John W L Messer one of the Executors of the last will and testament of John B Messer Late of said county deceased personally appeared in open court & brought the the said last will and testament dated the 9 th day of April 1895 and witnessed by James G Barnes, Robert Woodall , Walter W Butler and made application for the probate of said will in Solem form and having proven notice of said application in the writ of Kin of Said Testator , which your petition alleges to be Martha Messer widow of Said Testator , Nancy J Buckner daughter of said Testator and widow of Allen Buckner deceased , James Ray and his wife Rebecca Ray , Francis M Messer , Luke B Messer , Daniel T Messer , Sarah J Messer, Mary B Messer & Henrietta Messer minor children of Said Testator and represented by Martha Messer , Guardian ad. Litem and the said James G Barnes, Robert Woodall, Walter W Butler, subscribing witnesses to said will having been duly Sworn desposeth and saith that they saw said Testator sign sealed publish and declare said instrument as his last will and testament .___ “additional legal wording left out”court appointed appraisers James G Barnes, William T McCullough, Robert Woodall, John Whidby , Elbert P Middlebrooks.
Subscribed in open Court
James G Barnes
Robert Woodall
Walter W Butler
Charles Macarety Ordinary
Recorded May 6th 1859
Abstract
9 April 1859
Wife Martha D Messer
400 acres Land & Negros equally Divided between Wife & Children
Son Luke B Messer
Son John W L Messer
Nancy J Messer Buckner daughter /wife of Allen Buckner
Rebecca Messer Ray daughter /wife of James Ray
Francis M Messer
Daniel T Messer
Sarah J Messer
Mary B Messer
Henrietta Messer
W.L. Messer & Francis M Messer my Executors
Recorder May 06,1859
May Term 1859 Court of Ordinary
Jones County Georgia
Record of Willis 1851-1864
