I Benjamin Wynne, Senr. Of the State aforesaid being weak and diseased in body but through divine mercy of Sound mind and disposing memory calling to mind the certainty of death and the uncertainty of all transitory things have thought proper to make this my Last Will and Testament in manner and form following. It is my will and desire that all my just debts together with my funeral expenses Should be fully paid and discharged.
Item first I give and bequeath to my beloved wife, Elizabeth Wynne, for and during her natural life or widowhood all my property, both real and personal of what kind or value So ever.
Item 2nd It is my will and desire that at the death of my beloved wife or at her intermarriage, the property both real and personal, Shall be Sold and disposed of the following manner( to wit)
Item 3 I give and bequeath to Nancy Stephens, my beloved daughter the one tenth part of the above named estate it being and equal share of said estate.
Item 4th I give and bequeath to Cicilla Wynne the wife of John Wynne during her life for her Separate and Sole use, free from the control of her husband and at her death to be equally divided among the children of her body born in wedlock with the Said John Wynne and CicillaWynne his wife the one tenth part of all my estate both real and personal as above Stated in Item Second.
Item 5th I give and bequeath to Irby Wynne, one bed and furniture, cow and one calf: also one tenth part of all my estate, as above stated in Item the Second.
Item 6th I give and bequeath to Thomas Wynne one tenth part of my estate it being an equal Share of Said estate.
Item 7th I give and bequeath to Lemuel Wynne, one cow and calf, one bed and furniture, also the one tenth part of my estate, it being an equal Share of Said estate.
Item 8th I give and bequeath to Benjamin Wynne, the one tenth part of my estate, it being an equal Share of Said estate.
Item 9th I give and bequeath to Sarah Runnels, my beloved daughter for her Separate and distinct use free from the control of her husband, the one tenth part of my estate, at the time mentioned in said Second item, it being one equal Share of Said estate.
Item 10th I give and bequeath to Mary Wynne, My beloved daughter one bed and furniture, one cow and calf and also the one tenth part of my estate, it being an equal Share of Said estate.
Item 11th I give and bequeath to Martha Darden, my beloved daughter for her Separate and distinct use free from the control of her husband, the one twentieth part of my estate, and at her the said Martha's death the property to be equally divided, share and share alike between the heirs born of her body with her present husband Jesse Darden.
Item 12th I give and bequeath to Lorenzo D. Runnels, my grandchild the one twentieth part of my estate and in case he should die without issue the property to revert to and become the property of Martha Darden free from the control of her husband, according to the eleventh item.
Item 13th I give and bequeath to Lemuel Wynne my grandchild the Son of William Wynne dec the one tenth part of said estate; except one hundred dollars of said tenth part, I give and bequeath Mary Gregory the wife of Benjamin Gregory and provided the said Lemuel Wynne aforesaid should depart this life without issue the property shall revert to and become the property of the estate and be equally divided among the said lawful legatees as above mentioned in this will. It is my will and desire that my beloved wife should treat Charles, Roger and Susan three old invalid negroes with kindness and Humanity and provided either of said negroes should be in life at the death of my beloved wife, it is my will and desire that my beloved son Thomas Wynne Should have said negro or negroes and treat And keep them for which purpose my executors are authorized to reserve and keep out of my estate a sufficiency for the support of said negroes and if any amount Should be reserve over and above Said Support the balance to be equally divided among said legatees Share and Share alike.
Finally I make constitute and appoint John Harris and Thomas Wynne my Executors of this my last Will and Testament declaring this and this only to be my last will and testament disannulling all former wills by me heretofore made.
In testimony where of I the said Benjamin Wynne, Senr.. Hath hereunto set his hand and seal this the sixteenth day of August Anno Domini one thousand eight hundred and thirty nine (1839)
Benjamin Wynne, Sr. In the presence of Jethro Darden
John W. Harris
Benj Crenshaw
Georgia
Warren County
You Jethro Darden, John W. Harris & Benjamin Crenshaw do swear that you saw the within named Testator Sign, Seal publish and declare this instrument of writing to be and contain his last will and testament and that at the time thereof he was of sound and disposing mind and memory and that he did it freely without compunction and that you became subscribing witnesses to the Same at his request to the best of your knowledge so help you God.
Signed: Jethro Darden
Jno. W. Harris
Benj. Crenshaw Sworn & subscribed
in open court Sept. 6, 1841
Attest: Patrick N. Maddux, CCO Recorded Sept. 7, 1841
NOTES
Apparently Benjamin intended to divide his estate equally among 10 children or their heirs. The child of his deceased son, William, received a full tenth share. His daughter Martha received a twentieth with the other twentieth going to her son, Lorenzo Runnels. It is specified that if he died without issue his twentieth goes to Martha. I believe this is the same Martha Wynn who married Lorenzo D. Reynolds in Taliaferro County, GA on 26 Dec 1833. Lorenzo Sr. must have died and she remarried Jesse Darden,"her present husband", though I have no record of this marriage.
Nancy Stephens, Sarah Runnels, Mary Wynne & Martha Darden are all named as "my beloved daughter". Cicilla Wynn, in Item 4, is identified as "the wife of John Wynne". It may be that Cicilla is Benjamin's daughter ( though she is the only one not so identified) and that she married a cousin; or it may be that she is his daughter-in-law and he had some reason to insure her security, such as John being in debt or otherwise untrustworthy. I find a marriage record in Taliaferro County, GA for John Wynne to Scicily Gunn, though the date is left off. It is likely that this woman's name was Cecilia.
The Mary Gregory in Item 13 is likely Mary Edge who married William Wynne in Taliaferro County, GA 2 Aug 1827 and is the mother of Lemuel, receiving $l00 from his part of the estate. A Mary Wynne married Benjamin Gregory 15 August 1838 in Warren County.
All of the daughters, except Nancy Stephens, are protected by the clause"for her sole and separate use, free of the control of her husband". Either Mr. Stephens was extremely trustworthy or he was deceased and there were no children by this marriage, for Benjamin made provision for grandchildren who had lost a parent.
