Will of Arnold Godwin
born 5/7/1776 NC & died 7/27/1859 in Sumter Co, GA
submitted by Lori & David Godwin
Sumter County, Georgia
Will Book A, Pages 56, 57, 58
In the name of God, Amen -- I ARNOLD GODWIN of the State and County aforesaid, being of advanced age and knowing that I must shortly depart from this world, deem it right and proper both as respects myself and family that I should make a disposition of the property with which a kind Providence has blessed me. I therefore make this my last will and testament, hereby revoking and annulling all others heretofore made by me.
Item 1st - I desire and direct that my body be buried in a decent and Christian like manner suitable to my circumstances, and condition, my Lord I trust shall return to rest with God, who gave it, as I hope for eternal salvation through the blessed Lord and Saviour Jesus Christ - whose religion I have professed and as I humbly trust enjoyed for fifty years.
Item 2nd - I desire and direct that all my just debts be paid without delay by my Executors herein-after named, as I am unwilling my creditors should be delayed of their rights especially as there is no necessity for delay.
Item 3rd - I give and devise unto my son-in-law AMOS SMITH six notes of hand four of which were given January the thirty first, Eighteen hundred & twenty nine, and due one day after date, to wit one note for Thirteen dollars and thirty-seven and a half cents, one for Twenty five dollars and one for Twenty Dollars, and one for Twenty-five dollars given February the nineteenth, Eighteen hundred and forty two one for Twenty dollars and ninety eight cents, and one for Twelve dollars and eighty cents given April the twenty ninth Eighteen hundred and forty two, also a certain Execution for ninety-four dollars and forty-eight cents, which is shown by a receipt, that is now in my possession & the said execution being lost or mislaid. All said notes are assigned by said AMOS SMITH and which I desire him to have without interest being counted on said notes, the principal of said notes to be considered as so much legacy having been received by him from my estate.
Item 4th - I give and bequeath to my son-in-law THOMAS L. SMITH one note of hand for five hundred and fifty-seven dollars, given the tenth of March eighteen hundred and fifty-three, due one day after date.
Item 5th - I devise to my son-in-law SMITH HAYMAN two notes of hand one for Twenty-two dollars given December the Twenty fifth day, Eighteen hundred and fifty-two, due one day after date, the other note for one hundred and Eighty-dollars given the seventh day of March Eighteen hundred and fifty-three due one day after date, the said two notes are assigned by said SMITH HAYMAN as well as the note before mentioned to my son-in-law THOMAS L. SMITH which I desire to be counted to him THOMAS L SMITH without interest, the principal being considered as so much legacy, having been received by him from my Estate, also the two notes before mentioned assigned by SMITH HAYMAN, I desire him to have without interest the principal of said notes to be considered as so much legacy having been received by him from my estate.
Item 6th - I devise to my son ARNOLD GODWIN's children an equal portion of my Estate with my own children, that is, I desire for them to have the child's part that my son ARNOLD GODWIN (who is now decd) would be entitled to were he living.
Item 7th - I bequeath to my Daughter BARBARY GODWIN, one feather bed and as much bed clothing as she may choose and bed stead and one large chest to have forever with full power to dispose of the same at any time before or at her death as she may think proper; and an equal portion of my estate to be used for her benefit during her life to be controled by my Executor for her benefit during her life and then to my heirs.
Item 8th - I give and bequeath to my son RUFUS GODWIN one note of hand for fifty dollars and twenty five cents, given October the thirtieth, Eighteen hundred and forty nine due one day after date, also another note for one hundred and sixty five dollars and fifty cents, given March the ninth Eighteen hundred and fifty-three, one day after date, which two notes I desire to be counted to him without interest.
Item 9th - And I appoint my worthy son RUFUS GODWIN trustee for the property herein bequeathed to my daughter BARBARY GODWIN.
Item 10th - The rest of my property both real and personal wherever and whatever it may be to be equally divided between my heirs.
Item 11th - I constitute and appoint my beloved son RUFUS S. GODWIN Executor to this my last Will and Testament.
May 6th, 1857 ARNOLD GODWIN
Signed, sealed, declared by ARNOLD GODWIN as his last Will and Testament in the presence of us the subscribers who have subscribed our names hereto in the presence of said Testator and of each other this May the 6th 1857.
J. W. PERRY
THOMAS H. (his mark) SMITH
TERRELL (his mark) WYNN
W. H. BAILEY
Sumter County, Georgia
Court of Ordinary for said County
October adjourned Term 1859
In open Court before me LOUIS BRUNER Ordinary in and for said county personally came WILLIAM H. BAILEY, who being duly sworn deposes and says that he saw ARNOLD GODWIN sign seal publish and declare the instrument here to attached as his last Will and Testament, that he signed the same as a witness himself in the presence of the Testator, and that he saw JOHN W. PERRY, THOMAS H. SMITH, TERRELL WYNN, all sign the same as witnesses in the presence of the Testator in the presence of each other and that said ARNOLD GODWIN was of sound disposing mind & memory and that he signed the same freely of his own accord without undue influence or any compulsion whatever.
Sworn to & subscribed in open court this 12th day of October 1859.
L BRUNER - Ordinary
W. H. BAILEY