ANCESTRAL LINES
OF
VICTOR HAWK OF GEORGIA
vhhawk@juno.com
John Malcom Last Will and Testament
Recorded in Walton County, Georgia
Will Book O (1860), pp. 656-657
GEORGIA, Walton County
In the name of God Amen. I, JOHN MALCOM, SEN. of the County and State aforesaid, being in sound and disposing mind and memory, do make and declare this my last will and testament.
As follows: I commit my body to the dust to be buried in a Christian like manner and my soul to God hoping for mercy through Jesus Christ.
Item 1
I wish all my just debts to be paid without unnecessary delay and where as I have heretofore given to my nine children next hereafter named property as follows:
To MAHALIA HAWK the wife of Hillsman Hawk, I have given to the value of Two thousand seven hundred dollars.
To ALEXANDER MALCOM to the value of Fourteen thousand Five Hundred dollars, which [is] fully if not more than a distribution share of my estate.
To MARY HAWK wife of Thurmond Hawk to the value of Three Thousand and Three Hundred Dollars.
To IRENA PETERS the wife of William Peters to the value of Four Thousand Four Hundred dollars.
To NANCY NELSON the wife of Ashley Nelson to the value of Two Thousand and one Hundred Dollars.
To SARAH NELSON the wife of Nelson while she was in life to the value of Two Thousand Nine Hundred Dollars.
To JULIA ANN COX while she was in life to the value of Seven Thousand Seven Hundred Dollars.
To JAMES MALCOM to the value of Two Thousand and Five Hundred Dollars.
To WILLIAM MALCOM to the value of Two Thousand Two Hundred Dollars.
Whereas I have loaned to my daughter MARTHA HESTER wife of Monroe Hester property to the value of Eleven Hundred Dollars.
To my daughter JOANNE GREEN I have loaned to the value of Sixteen Hundred Dollars.
To my daughter REBECCA STARK I have loaned to the value of Nine Hundred Dollars.
Item 2
My Executors are hereby directed to set apart Twenty-Four Thousand Dollars worth of property which they are to value. Which they are to include the place where I live on as much thereof as they may think best, as well as all of my household and kitchen furniture. Also such negroes, horses, stock, plantation tools, food for man and beast, and everything else necessary to work said plantation advantageously from the income of the property as set apart.
My said wife and my three youngest children during the natural life of my wife are to be supported and children educated.
If from al things considered by my executors may think it best at any time then said Twenty-Four Thousand dollars worth of property may be sold at public or private sale by them and my wife and said three youngest children from the interest of the same one to be supported and said children educated.
At my wife’s death, said Twenty-Four Thousand dollars worth of property or its proceeds if they same shall have been sold shall be under no further incumbrance, but shall thence forward be in my Executors’ hands like the other part.
Item 3
After my death and payments of my just debts, my executors are to expose all of my estate of every kind and description except said Twenty-Four Thousand dollars worth of land to be located and valued by my executors which is all they are to get from my estate.
Item 4
As soon after my death as my Executors shall think best for the interest of all concerned, all my Estate of every kind and description except Twenty-Four Thousand dollars worth is to be sold at either private or public sale by my executors and valued to respective legators by my executors as follows:
The above property above named in this item except said Twenty-Four Thousand dollars worth or its proceeds if sold shall be disposed of that Mahalia Hawk, Mary Hawk, Irena Peters, Nancy Nelson, James Malcom, George Malcom, and Jefferson Malcom shall all be made equal with each other in the distribution after those have in settlement accounted for the property advanced or loaned to them respectively as stated in the aforesaid recited in the will and at its valuation as therein stated without rent, interest or have on their part.
Item 5
If at the death of my wife, said Twenty-Four Thousand dollars worth of property shall have been sold, my Executors if they shall think best may sell the same at public or private sale and dispose of same property as follow, and the disposition includes the proceeds of said property shall have been sold under the authority given in Item 2.
First, my youngest son Jefferson shall have Two thousand dollars to be paid him at the age of Twenty one years, in property or money as the case may be, then the balance shall be equally divided, share and share alike, between said Jefferson Malcom, Mahalia Hawk, Mary Hawk, Irena Peters, Nancy Nelson, James Malcom, William Malcom, Martha Hester, Joanne Green, Rebecca Stark, Amanda E. Malcom, John Malcom and George Malcom.
It is always to be understood that all legacies are given to said daughters with the exception of Mahalia Hawk, are given in trust and to be held by their trustees for their sales and separate use free from contracts and liabilities of their respective, present or future husbands, and at my daughter’s death said legacies are to go to their children their respectively surviving.
Item 6
I nominate and appoint Thurmond Hawk Trustee for his wife Mary Hawk, William Peters trustee for his wife Irena Peters, John S. Stark trustee for his wife Rebecca Stark. I nominate and appoint James Malcom and William Malcom trustees for Nancy Nelson, Martha Hester, Joanne Green and Amanda E. Malcom.
The Legacies and provisions herein made for my wife is to be in place and stead of her dower.
Lastly, I nominate and appoint George W. Malcom, James Malcom, Hillsman Hawk, and William Malcom executors of this my last will and Testament in witness whereof I have set my hand and seal this 4th day of October, A.D. 1862.
[signed] John Malcom
Sworn to and subscribed before me in open Court this 1st day of December, 1862.
[Testators]
Charlie D. Davis
James R. Malcom
George Malcom
[signed] Jesse Mitchell, Ord.
Signed Sealed and published by the Testators for his last will and testament in our presence. Who in his presence and in the presence of each other have at his request subscribed our names as witnesses hereto as was use having been first made on the first page and pen mark thus. On the erasure also the word have and been having been first interlined and the word nominate having been just written parts or an erasure upon this page.
[Testators]
Charlie D. Davis
James R. Malcom
George Malcom
Georgia - Walton County
In open Court appeared Charlie D. Davis, James R. Malcom and George Malcom the subscribing witnesses to the foregoing will the same having propounded for probate by the executors thereof which witnesses being duly sworn dispose and say they saw John Malcom sign publish and declare the following will as for his last will and testament, that he did so of his own free will and accord and without any undue influence whatsoever that desponents subscribed said last will and testament as witnesses here to in the presence of said John Malcom the testor and in the presence of each other.
Sworn to and subscribed before me in open court this 1st day of December 1862
[Testators]
Charles D. Davis
James R. Malcom
George Malcom
[signed] Jesse Mitchell, Ordinary
Court of Ordinary, Walton County, December Term 1862
The last will and testament of John Malcom being propounded in open court for probate the witnesses to the same Charles D. Davis, James R. Malcom and George Malcom having taken and subscribed the necessary affidavits ordered that said will be admitted to record as proven in common form and the executor George Malcom and William Malcom, Hillsman Hawk having duly qualified ordered that letters testamentary be found according.
A true and exact [copy] from the minutes of said court this December 2nd 1862.
[signed] Jesse Mitchell, Ordinary