Will of Buford Bird of Taliaferro County, 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 herin 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 hereunto set my hand and affix my seal,
Signed and sealed on this 13th day of September 1851. In presence
of Thos. B. King Buford Bird
L.E. Moore
E. H. O’Neal
Georgia Taliaferro County – Court of Ordinary Novem. 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 L.E. Moore
Court Nov. 7th, 1853 E. H. O’Neal
Attest Quinea O’Neal Ordinary
Recorded this Nov. 7th, 1853
Quinea O’Neal Ordinary