ANCESTRAL LINES
OF
VICTOR HAWK OF GEORGIA
vhhawk@juno.com
James Malcom 1834 Last Will and Testament
Recorded in Morgan County, Georgia
Will Book 1831-1866, pp. 17-18
Georgia Morgan County.
Be it known that I James Malcom of the County & State aforesaid being somewhat afflicted in body but of perfect disposing mind and memory & knowing the Certainty of my approaching Mortality have therefore thought it proper and expedient to point out the disposition which I wish to be made of my Estate after my decease and do therefore make and Ordain the following instrument as my last will & testament.
Item 1st
It is my own will and desire that the whole of my Estate both real and personal in whatsoever it may consist, should be inherited by my wife MARGARET R. MALCOM & my four children subject to the following regulation after the payment of my just debts.
2nd
It is my will that my wife MARGARET R. MALCOM have four of my Negroes to wit. David a fellow also Sharp a fellow Mirah a woman & Patience a woman, and the land and plantation whereon I now live with all of my stock and such part thereof as my Executors think best to remain with her also the household and Kitchen furniture during her widowhood and in the event that she marries she is to have a Child’s part.
3rd
It is my will that my daughter ELIZABETH HUMPHREY have a negro boy Daniel and three hundred dollars in money to be paid when my Executors can make it out [of] the interest of my Estate.
4th
It is my will that my son GREEN A. MALCOM have two Negro boys Viz. Willis & George a boy of Color & one hundred and fifty Acres of land lying in Walton County on Sandy Creek adjoining George Shaw, known by the Robey Lot No. not known/ recollected imbracing of the houses.
5th
It is my will that my daughter MARY ANN MALCOM have two negroes Malinda a girl & Alexander a boy & one hundred acres of land the ballance of the above named Robey Lot.
6th
It is my will that my son JAMES MALCOM have two negro boys to wit Job & Israel and at the death of my wife to have the plantation and the lands that I live on.
7th
It is my will that my negro boy George be sold with my lands not named to raise money to pay my debts if necessity requires it.
Lastly,
I do hereby nominate constitute and appoint my trusty friends GANAWAY MALCOM, JOHN MALCOM, RICHARD P. HUMPHREY & my wife MARGARET R. MALCOM my Executors & Executrix of this my last will & testament.
In witness whereof I have hereunto set my hand and seal this 10th February in the year of our Lord one thousand eight hundred and thirty four. Sighned and acknowledged in presence of
Thomas Swift
Wm. B. Nunnally
Isaac Smith
[signed] James Malcom
Georgia Morgan County.
Personally appeared before us William B. Nunnally & Thomas Swift subscribing witnesses to the foregoing instrument purporting to be the last will and testament of James Malcom deceased of said County, who being duly sworn saith that they saw the testator sighn seal and deliver the same and believe he was of sound and disposing mind and memory at the time and that they listed the same as witnesses and saw Isaac Smith do so likewise.
Sworn and Subscribed before us this 17th July 1834.
Elijah E. Jones, J.I.C.
Wm. S. Stokes, J.I.C.
Thomas Swift
Wm. B. Nunnally
Court of Ordinary adjoirned term 7th October 1834. The foregoing will Orderred to record & Ganoway & John Malcom qualified in Open Court as Executors - see Minutes.
Recorded October 9th day 1834
[signed] John W. Porter, C.C.O.