John McMullan Will

Georgia
Elbert County

In the name of God Amen:
I, John McMullan, Senior of the State and County aforesaid being very weak of body but of perfect mind and memory, and calling to mind the mortality of body and knowing that it is appointed for all men once to die do make this my last will and Testament, that is to say principally and first of all I give and recommend my Soul into the hands of Almighty God, who gave it and my body I recommend to the earth to be buried in decent Christian Burial at the discretion of my Executors and as touch such Worldly Estate as it hath pleased God to bless me with in the World, I give and dispose of the same in the following manner and for (to wit);

First, My Will and desire is that All my just and lawful debts be first paid out of my Estate.

Item 2nd, I give and bequeath to Elizabeth McMullan, Alias Elizabeth Stowers, whom I deem my loving Wife, One Hundred acres of land in the County aforesaid including the house and plantation on which I now reside together with all my household and kitchen furniture and plantation tools with all my stock of horses, cattle and hogs and a negro fellow named Cato, a negro woman slave named Sarah, a negro woman named Mily to be by her, held and enjoyed during her Natural life or Widowhood ----

Item 3rd. I give and bequeath to my beloved sons, James my eldest son, Patrick my Second Son, John my third son and to my daughters Mary, now Mary Powell, and Katherine, now Katherine Shifflett, the sum of One Dollar to Each as their full share of my Estate having before this time given them all that I intended or conveniently could spare as their part except the sum of One Dollar to Each as above mentioned and to the bequeathed.

Item 4th. I give and bequeath to my first son by Elizabeth McMullan (Alias Elizabeth Stowers) Nail ninety eight acres and a half of land more or less being the Tract on which he the said Nail now resides and which I have previously made to him a deed for the same and do hereby confirm the same to him, should the same be defective or want confirmation.

Item 5th. I give and bequeath to my second son as above mentioned Jeremiah, ninety eight and a half acres of land more or less being the Tract on which he resides and which I have previously deeded to him and hereby confirm and give to him should the said deed be defective or want confirmation.

Item 6th. I give to my third son as above, Lewis seventy acres of land more or less, the tract on which he now resides and for which he holds my deed which I have hereby confirm to him should the same be defective or want confirmation.

Item 7. I give and bequeath to my fourth son as above, Thomas two hundred acres of land more or less in Elbert County and hereby confirm the same to him his heirs and assigns being the tract on which he now resides.

Item 8. I give and bequeath to my fifth son Fielding as above mentioned the sum of three hundred dollars to be raised by my Executors out of my Personal Estate whether heretofore Bequeathed or not bequeathed and paid to him within the term of two years after my decease.

Item 9. I give and bequeath to my sixth son as above Sinclair, and his heirs one hundred acres of land, part of the tract on which I reside joining Benjamin Nail and John Dobbs.

Item 10. I give and bequeath to my seventh son as above Daniel, and his heirs the tract of land before bequeathed to my wife Elizabeth McMullan Alias Elizabeth Stowers, after the termination of her Estate in the same.

Item 11. I give and bequeath to my daughter Nancy, now Nancy Mills and her heirs one negro girl named Dicy and her increase.

Item 12. I give to my daughter Elizabeth one boy named Edmond to her and her heirs forever.

Item 13. I give to my Daughter Levinia one negro woman named Milly to her and her heirs to be by her possessed after the Estate which I have hereby before bested in my wife Elizabeth McMullan, Alias Elizabeth Stowers, is terminated and the increase of the said Negro Woman if any, before the commencement of my said daughter Levinia's estate therein and after my decease. I give to be Equally divided between my three last mentioned daughters to them and their heirs.

Item 14. My will and desire is that all the property Bequeathed to my wife Elizabeth McMullan, Alias Elizabeth Stowers after the Termination of her estate therein be sold and the proceeds of said sale be equally divided among my Seven last mentioned Sons to wit: Nail, Jeremiah, Lewis, Thomas, Fielding, Sinclair, Daniel share and share alike and I hereby constitute appoint my son Nail McMullan and my son in law James Mills, Executors of this my last will and Testament.

Signed, sealed and published this sixth day of December, 1817.
John McMullan

In presence of
Benj. Neal
David Dobbs
John Dobbs
Georgia, Elbert County.
Of Ordinary January Term 1818

Personally appeared in Open Court John Dobbs and David Dobbs, two of the subscribing witnesses to the above written instrument and after being duly sworn saith that they saw John McMullan sign the above instrument writing as his Last Will and Testament and that they subscribed the same as witnesses in his presence and that they saw Benjamin Neal, the other witness, thereto sign the same as a witness in his presence and that the said John McMullan was then of sound and disposing mind. Sworn to and subscribed the 6th day of January, 1818
John Dobbs
David Dobbs