Will of Benniah McClendon, Heard Co., GA 1852-3

Taken from the McClendon/McLendon, Vol. 3 #2, Summer 1975

Benniah McClendon, Heard Co., Georgia  Book 1, p. 75

In the name of God, Amen.  I Benniah McCLENDON of said state and county, being of sound mind and memory, calling into mind the mortality my body and knowing that it is appointed unto all men once to die deem it right and proper both as respects my family and myself that I should make a disposition of the property with which a kind providence has blessed me do therefore make this my last will and testament revoking all others heretofore made by me.
... ITEM 1:  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 a decent Christian like manner at the direction of my Executors, suitable to my circumstances and condition in life nothing doubting but the general resurrection I shall receive the same again by the Mighty Power of God.
... ITEM 2:  I desire and direct that all my just debts to be paid by my executors hereinafter appointed.
... ITEM 3:  I give and bequeath and devise to my minor son, Bennett A. McCLENDON a negro which he is allowed to select from all my negroes, said negro not to exceed in age Seventeen years.
... ITEM 4:  I will and direct that my executors dispose of all my property real and personal (Negroes Excepted) either at private or public sale as they may think best for the interest of my Estate and after paying any just debts and all expenses what remains together with my negroes be divided among all my children as hereafter willed and directed.
... ITEM 5:  I desire and direct that after my son, Bennett A. McCLENDON has chosen his negro agreeable to the third Item of this my last will and testament that my executors then divide the balance of my negoes into 8 divisions or lots of as nearly equal value as can be and each lot of less value to have a sufficient amount of money added thereto until all shall be made equal in value.
... ITEM 6:  I desire and direct that my executors assign to each one of my children, Lucinda WEST, wife of Ephraim WEST, Russell McCLENDON, Almira J. AUTRY, wife of Wm. T. AUTRY and William S. McCLENDON EACH one lot of negroes as above alloted and their proportionable share of what money be left after using what may be necessary for the purposes above specified.
..........  To my daughter Mary SMITH, wife of Lawrence SMITH, I give and bequeath the direct my executors to her one lot of negroes and a proportionable share of money with those above specified said property bequated to her my said daughter Mary, wife of Lawrence SMITH and to her two children Martha SMITH and Mary Ann SMITH.
..........  Then I direct that it be equally divided (together with the increase thereof) between her said two children Martha & Mary Ann SMITH said property to be free from the disposition or control of her present or any future husband nor subject to any debt or liability heretofore contracted by him or that may be hereafter contracted by him and I appoint my son Russell McCLENDON and my son in law William T. AUTRY trustees for the property herein given and bequeathed to my daughter Mary SMITH and her two children Martha & Mary Ann SMITH.
... ITEM 7:  I give and bequeath to my daughter Eliza OWEN, wife of Malachi OWEN, and all her children as well those to be born and those already born our lot of negroes and shre of money as directed to be divided and set apart by the 4th and 5th items of this my last will and testament free from the disposition of her present or any future husband and not subject to any debt or debts heretofore contracted or that may be hereafter contracted by him, and I appoint Russell McCLENDON and Wm. T. AUTRY Trustees of the property herein given and bequeathed to my daughter Eliza Owen and her children.
... ITEM 8:  I give and bequeath to my daughter Adaline L. SPIVY, wife of Jonathan SPIVY and all her children one lot of negroes and share of money as directed to be divided and set apart by the 4th and 5th items of this my last Will & Testament free from the disposition of her present or any future husband and I appoint Russell McCLENDON & Wm. J. T. AUTRY Trustrees of the property herein given and bequeathed to my daughter Adaline L. SPIVY and her children and in case she my said daughter should depart this life without a child or children or her child or children should depart this life without a child or children then the property herein specified to revert and become part and parcel of my estate, and be divided by my executors equally among all my children, subject to the provisions and restrictions above specified.
.... ITEM 9:  I give and bequeath to my minor son Bennett A. McCLENDON, his proportionate share or one lot of negroes and money as directed to be set aside in the 4th & 5th items of this my last will and testament and I appoint Russell McCLENDON & Wm. J. T. AUTRY guardian for my said minor son, Bennett A. McCLENDON and direct them to hold and control the property herein bequeathed to him until he shall arrive to the age of 21 years.
... ITEM 10:  I give and bequeath to my daughter Julia A. HANNA, wife of John HANNA and all her children an amount of money equal to the value of one lot of negroes and money as directed to be alloted and set apart in the 4th & 5th items of this my last will and I appoint and give Russell McCLENDON & Wm. J. T. AUTRY whom I appoint Trustees of the money herein bequathed full power and authority to use, control and manage said sum of money as they may think best for the benefit of my said daughter Julia A. HANNA and her children.
... ITEM 11:  I hereby constitue and appoint my son Russell McCLENDON & my son in law Wm. J. T. AUTRY extrs. of the last will & Testament this Sept. 15, 1852.

wit:                                                (signed) Benniah McClendon  (seal)
George Harlan,
D. W. Lewis
Joseph T. Bilbo
Henry McClendon

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Codicil to my last will and testament made, declared and published by me Sept 15, 1852, I desire and direct that the 6th Item of my will continue further in its provisions in relation to the property bequeated to my daughter Mary SMITH & her two daughter Martha & Mary Ann SMITH to this effect - that at the death of my two granddaughter Martha & Mary Ann SMITH should they depart this life without child or children and after the death of their Mother my daughter Mary SMITH, then the property as bequeathed and devised to them under said clause or my will to revert unto my estate and unto the hands of my Executors and become part and parcel of my said Estate and be Subject to division and distribution among all my children as is provided for in said Will. I further desire in relation to the 3rd Item of my will that my minor son, Bennett A. McCLENDON have in addition to that which is specified in my will one good $75.00 horse, bridle and saddle, one cow and calf, one bed and furniture, he making his selection this Sept. 15th, 1852.

(signed) Benniah McClendon

Probated:  23 March 1853

Contributed by: Carol Pounders  carol@cpounders.com
By way of: saundrab@email.msn.com