TOMBERLIN AND RELATED FAMILIES IN SOUTHERN GEORGIA

 

http://familytreemaker.genealogy.com/users/t/o/m/Daniel-Tomberlin-Bainbridge/

 

THE WILL OF JOHN TOMBERLIN

(1774-1854)

 

The Will of John Tomberlin, State of Georgia, Irwin County. In the name of God - Amen. I, John Tomberlin, of said state and county, being of advanced age and knowing that I must shortly depart this life, deam it right and proper both as respects my family and myself that I make a disposition of the property with which kind providence has ... me and do thereto make this my last will and testament hereby revoking all others heretofore made by me.

 

Item 1 - I desire and direct that my body be buried in a decent, respectable and Christian like manner, suitable to my condition in life. My soul, I trust shall return to the God who gave it as I hope for salvation through the merits and atonement of the blessed Lord and Savior Jesus Christ, Who's religion I have professed and I humbly trust enjoyed.

 

Item 2 - I desire and will that all my just debts be paid without delay by my executors herein after appointed.

 

Item 3 - I give and bequeath unto my beloved wife, Ann Tomberlin, lot of land number 27, containing 245 acres, more or less, being the north half of said lot. Also, 390 acres more or less of said lot number 29, it being that portion of said lot not deeded to my son, William Tomberlin, also lots number 30, 69, 70, and 75, the last four mentioned lots containing 490 acres more or less, and all situated and being in the first district of Irwin County, together with all and singular the rights.., thereunto in any wise belonging to her own proper use, benefit and behalf during her life time, and at her death, to my sons Wright Tomberlin, Joseph Tomberlin and Thomas Tomberlin as follows: Lot number 70 to my son Wright Tomberlin and his heirs forever in fee simple. Lots 27 and 69 to my son Joseph Tomberlin and his heirs forever in fee simple.

 

And lots 29 and 30 to my son Thomas Tomberlin and his heirs forever in fee simple. I also give and bequeath to my beloved Wife, Ann Tomberlin, all my household and kitchen furniture of every description whatsoever. Also, all my family utensils of every description and kind whatsoever. Also, my two mules known as Mike and Ned, and my sorrel horse, Charley, also my buggy, also, all my stock of cattle marked with a crop and a half crop in one ear and a crop and a split in the other ear and branded with the initials JT. Also, all my sheep, all my different yokes of oxen, my ox carts, my carry logs, and horse carts, all my corn and fodder and grain of every kind, and all my growing crops of every description whatsoever at the time of my death, and all my stock of horses, without reserve or limitation to her own proper use and benefit forever.

 

Item 4 - I give and bequeath unto my beloved wife, Ann Tomberlin, my five Negroes towit, Willis, a man about 45; Lizzay, a woman about 36; their two children, Handy, a boy about 18; and Kissy, a girl about 8; also Penny, a girl about 18, with their increase from this time to ... the said Ann Tomberlin owns proper use and benefit during her lifetime, and at her death, it is my will that the above named five Negroes, shall revert to my three sons, Thomas, Wright and Joseph Tomberlin as follows: Willis, Lizzay, and Handy to my son Thomas Tomberlin. Penny, to my son, Wright Tomberlin, and Kissy, to my son Joseph Tomberlin, to their own proper use, benefit and behalf forever.

 

Item 5 - I give and bequeath to my grandchildren, the heirs of my son, William Tomberlin, towit. William, John. Henry, Oliver, James and Francis Ann, by his first wife Peggy, my two Negroes towit, Sam a man about 22, and Bert',, a girl about 4, and their increase from this time to them, the sat d heirs of William Tomberlin, their own proper use, benefit, and behalf forever.

 

Item 6 - I give and bequeath to my daughter, Nancy Luke, wife of Joshua Luke, lot of land 158 in the third district of Irwin County, containing 490 acres to use for life to her own proper use and benefit and behalf, together with all due members and appurtenances thereunto belonging or in any wise appertaining during her life time, and after her death, to the children of her body forever in fee simple. Also, I give to my daughter, Nancy Luke, my two Negroes towit, Cealy, a woman about 25, with her child, Wiley, a boy about 5, to her the said Nancy Luke, for her own proper use and benefit and behalf during her life time and after her death, to the heirs o~ her body forever.

 

Item 7 - I give to my son Thomas Tomberlin, my to Negroes towit, Selina, a woman about 21, with her child, Lew, a boy about 5, to his own proper use, benefit and behalf forever.

 

Item 8 - I give to my daughter Mariah Davidson, wife of Allen Davidson, land lot 73 and 74 in the third district of Irwin County, containing 490 acres each, more or less, to her own proper use, benefit and behalf together with all the rights ...thereunto pertaining during her lifetime and at her death to the children of her body forever in fee simple. I also give to my daughter Mariah Davidson, m~ Negro, Jane, a girl about 3 and her increase from this time and at her death to the children of her body forever.

 

Item 9 - I give to my son Wright Tomberlin, two Negroes towit; Manna, a woman about 21, and Dennis, a boy about 15, to his own proper use, benefit and behalf forever.

 

Item 10 - I give to my daughter Ann Fletcher, wife of Joseph Fletcher, land lots 47 and 48 in the third district of Irwin County, containing 490 acres each more or less, to her own proper use and benefit together with all the rights there unto belonging during her life time and at her death, to the children of her body forever in fee simple. I also give to my daughter Ann Fletcher, my Negro, Ruth, a girl about 14, to her own proper use and benefit and behalf during her life time and at her death to the children of her body forever in fee simple.

 

Item 11- I give to my daughter, Elizabeth Davidson, wife of Moses Davidson, land lots 214 and 215 in the third district of Irwin County, containing 490 acres each more or less, to her own proper use, benefit and behalf, together with all the rights...during her life and at her death, to the children of her body forever in fee simple. I also give to my daughter, Elizabeth Davidson, my Negro, Hannah, a girl about 2, to her own proper use and benefit during her life, and at her death to the children of her body forever.

 

Item 12 - I give to my daughter, Polly Winderweedle, wife of William Winderweedle, land lot 236, known as the mill lot, containing 490 acres more or less, being in the third district of Irwin County, to her own proper use and benefit, with all the rights...and at her death to the children of her body forever in fee simple. I also give to my daughter, Polly Winderweedle, my Negro, Lucy, a girl about 8 months old, ...to her own proper use and benefit during her life and at her death to the children of her body forever.

 

Item 15 - I give to my son, Joseph Tomberlin, my Negro, Caesar, a boy about 9, to his own proper use and benefit and behalf forever.

 

Item 14 - For divers causes to me known as hereto his moving, I cannot recognize the young man known as James Tomberlin in the same light that I do those before mentioned, as my child. I therefore give to him, the said James Tomberlin, a certain chestnut sorrel horse, which he rode from my premises at the time he left me, valued by me at $100, to have said horse to his own proper use and benefit, without any reservations or restrictions whatever, said horse being all that it is my will that he shall have.

 

Item 15 - The balance of my land I may have at my death, I desire and will that they be equally divided and apportioned to my eight children or their heirs, towit the children of their bodies, as follows: my daughter Nancy Luke, my son Thomas Tomberlin, my daughter Mariah Davidson, Wright Tomberlin, Ann Fletcher, Polly Winderweedle, Joseph Tomberlin, and Sally McDermid. The said apportionment to be by lottery and superintended and directed by my executor.

 

Item 16 - The residue of my property, both real and personal, I give to the orphan children of my son, William Tomberlin, to their own proper use, benefit and behalf forever in fee simple.

 

Item 17 - I hereby constitute and appoint my trusty and worthy friend, Henry J. G. Williams of Baldwin County, my executor of this my last will and testament, this August 1851.

 

JOHN TOMBERLIN - SEAL

 

G. Wilcox

David Troup (his X mark)

William Bowen

 

Signed, sealed and published by John Tomberlin as his last will and testament in presence of the subscribers who subscribed our name hereunto in the presence of said tester and at his special instance and request and in presence of each other this 22 April 1852.