Buford Byrd Sr

• General Notes
  • 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