Buford Bird Will, 1851, Georgia

Last Will and Testament of Buford Bird-

In the name of God: Amen ­ I, Buford Bird of the
county of Taliaferro and State of Georgia, being
in feeble health but [but] of sound mind and
disposing memory do make declare and publish this
to be my last will and testament hereby revoking
all others heretofore made by me.

Item 1st. It is my will and desire that out of the
money, notes, accounts, and other evidences of
debts of which I may die possessed, all of my just
debts should be paid.

Item 2nd. I will and bequeath to my sons George L.
Bird, Gustavus H. Bird, and Philemon Bird, the sum
of fifteen hundred dollars, in money to hold in
trust for the joint use of Mary Ware and Leviny
Ware, children of my deceased daughter, Frances
Elizabeth Ware, until either of said children
shall become of age or marry, and on the happening
of either contingency, to give one half of said
sum of money to said child becoming of age or
marrying and to hold the other half in trust for
the sole use of the said other child until she
shall marry or reach full age and on the child
last aforesaid marrying or reaching full age, to
give the half last aforesaid to said child, and in
case of said children, shall before reaching full
age or marrying die, to hold the whole of said sum
of fifteen hundred dollars in trust for the sole
and separate use of the survivor of said children
until said survivor shall marry or become of age,
and upon the happening of either of the last
aforesaid contingencies, to give the whole of said
sum of fifteen hundred dollars to said survivor;
and in case said survivor shall die before
marrying or reaching full age, to divide said sum
of fifteen hundred dollars equally among my
children living at the death of said survivor and
the representatives of those of my children who
may be dead at the time last aforesaid, said
representatives taking by representation.

Item 3rd. I will and bequeath to my daughter
Matilda Lane one hundred dollars in money.

Item 4th. I will and bequeath to my daughter
Matilda Lane, my Negro woman Lucy and her
children, to-wit, Willis, George, John, Edmond,
Clark, and Mary for the sole and separate use of
my said daughter Matilda during her natural life
free from the marital rights of her present or any
future husband and after her death to her children
and in case she shall die without leaving issue
living at the time of her death, then and in that
event to my children living at the time of her
death and the representatives of those of my
children who may be dead at the time last
aforesaid, said representatives taking by
representation.

Item 5th. I will and bequeath to my sons George L.
Bird, Gustavus H. Bird, and Philemon Bird the sum
of eighteen hundred and sixty six dollars in money
to hold for the sole and separate use of my
daughter Mary Catharine Bird during her natural
life free from the marital rights of any man with
whom she may intermarry; and after her death in
trust to give to her children, said sum of money
and in case she shall die without having issue at
the time of her death to divide said sum of money
equally between my children living at the time of
her death, and the representatives of those of my
children who may be dead at the time last
aforesaid, said representatives taking by
representation.

Item 6th. I will and bequeath to my sons George L.
Bird, Gustavus H. Bird, Philemon Bird, Buford
Bird, and Wiley Bird all of my lands lying in said
State together with all my stock of every kind,
plantation tools, kitchen & household furniture of
every description to use or divide among
themselves as they may see proper.

Item 7th. I will all my negroes except those here
in before willed to my daughter Matilda Lane, to
be equally divided among my sons George L. Bird,
Gustavus H. Bird, Philemon Bird, Buford Bird and
Wiley Bird, and my daughter Mary Catharine Bird
(regard?) being had to advances heretofore made by
me to my sons George L. Bird, Gustavus H. and
Philemon Bird, and I further will that the portion
of my negroes that may be allotted to my daughter
Mary Catharine Bird to be held by my sons George
L. Bird, Gustavus H. Bird and Philemon in trust
for the sole and separate use of my said daughter
Mary Catharine during her natural life free from
the marital rights of any man with whom she may
intermarry and after her death in further trust to
give to her children and in case she shall die
without leaving issue living at the time of her
death to divide said portion of negroes among my
children living at the time of her death and the
representatives of my children provide any be dead
at the time last aforesaid, said representatives
taking by representation.

Item 8th. I will and bequeath to my nephew John L.
Bird all the (commissions?) due me as
administrator on the estate of George Hixon (due?)
from said estate, and I will my said nephew to
wind up the estate of said Hixon.

Item 9th. I will and bequeath the one sixth part
of my estate not herein before disposed of to my
sons George L. Bird, Gustavus H. Bird, and
Philemon Bird to hold in trust for the sole and
separate use of my daughter Mary Catherine Bird
during her natural life free from the marital
rights of any many with whom she may intermarry
and after her death in further trust to give to
her children and in case she shall die without
leaving issue living at the time of her death to
give said sixth part to my children living at the
time of her death and the representatives of those
of my children who may be dead at the time last
aforesaid, said representatives taking by
representation.

Item 10th. I will and bequeath the whole of that
part of my estate not herein before disposed of,
to be equally divided among my sons George L.
Bird, Gustavus H. Bird, Philemon Bird, Buford Bird
and Wiley Bird.

Item 11th. I nominate and appoint my sons George
L. Bird, Gustavus H. Bird and Philemon Bird
Executor of this my last will and testament.

(eraised?) before signing

In testimony of which I here unto set my hand and
affix my seal, Signed and sealed on this 13th day
of September 1851. 
Buford Bird

In presence
of Thos. B. King                                   
L.E. Moore
E. H. O’Neal

Georgia Taliaferro County ­ Court of Ordinary November 
Term 1853

We E.H. O’Neal and L.E. Moore do solemnly swear
that we saw Buford Bird sign seal and declare the
within paper writing to be and contain his true
last will and testament, that he was of sound and
disposing mind and memory, that he did it freely
without compulsion, that we signed the same in his
presents and in the presents of each other, and
that Thomas B. King subscribed the same in the
presents of the Testator and in the presence of us
all, and at the request of the Testator.

       Sworn to and subscribed in open  Court Nov. 7th,
1853                    
L.E. Moore

E. H. O’Neal

       Attest Quinea O’Neal Ordinary

                     Recorded this Nov. 7th, 1853
                     Quinea O’Neal Ordinary

=====================
Will was made 9/13/1851, probated 11/ 17/ 1853. p. 226 to 228. 
children

George L., Gustavus., Philemon, Buford, Wily, Mary
Catharine, Matilda Lane, Francis Elizabeth Ware
(dec'd) and Issue: Mary & Leviney.  Exec: George
L. Bird, Gustavus H. Bird, Philemon Bird test:
Thomas B. King, L. E. Moore, E.W O'neal.

notes:
Buford married Polly Keeling on January 4, 1806,
in Wilkes County, Georgia.

On January 3, 1806, a marriage license was issued
to "Blewford Bird" and Polly Keeling" by D.
Terrell, Wilkes County Court Ordinary. The
marriage was solemnized the next day by William
Jones, J.P. The marriage license filed by the
Wilkes County Courthouse in Washington, Georgia,
appears to have been re-recorded for some reason
in the next century, which could be the reason
Buford's name is so badly misspelled. A couple of
clues to this is that they were written on legal
papers dated with the words "Nineteen Hundred",
which were crossed out with the year 1808 written
beside of it. That in its self is the other clue.

Above the certificate, the marriage license issue
date is listed as January 3, 1806. Whatever the
case, the transcriber did a poor job recording the
new license.

Source:  TALIAFERRO COUNTY, GA - Wills Bird, Buford,
USGenWeb Archives by: Shannon Dale Byrd byrdman10@iname.com


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