Will of John Henry Broughton (1773 - 1857)
Died in Greene County, GA




Georgia
Green County

    Be it known - That I, John H. Broughton of the County and State aforesaid, being of sound and disposing mind, do make & publish my last Will and Testament, in the words and figures following to wit:

    First - I direct that all my just debts be paid, as soon as my Executors can arrange to do so.

    Second - I give to my Son Edward Broughton, and my Daughter Elizabeth Lee, wife of Charles S. Lee, my negroes, Derry, July, Lizby, Moses, Jim, Rose, Lucinda, Jackson, Hampton, Louisa, Aaron, Henry, Nathan, Washington, Charles, and Bonison, and their natural increase, from the date of this Will, being all the negroes & their increase acquired by their mother & which are in life.

    Third - I give to my Daughter Sarah Branch, my negroes Agustus & Catherine & her increase from this time.

    Fourth - I give to my Son Jacob L. Broughton in Trust to and for the Sole & Seperate use of my Daughter Caroline Carson, the wife of William E. Carson, my negroes Nelson, Hannah, Winny and their increase from this date - also my Buggy & Horse, which I may be in the habit of using at the time death - also two cows & calves, and at her death I give Said property & its increase to her children absolutely.

    Fifth - I give to my Son Jacob L. Broughton in Trust to & for the Sole and Seperate use of my Daughter Jennett L. Tarpley, the wife of Augustus Tarpley, my negroes, Katie, Eliza, Sterling, Cecilia & Peggy and their increase from this date - and at her death I give said negroes, and their increase to her children absolutely.

    Sixth - I give to my Son Jacob L. Broughton, my negroes, Phebe, Thomas, Serena, Jane & child - and their increase from this date.

    Seventh - I give to my Son Jacob L. Broughton, in Trust to and for the use of my Daughter Essey E. Broughton - now a widow, & her children, my negroes, Julia, Ann, Jesse - her Son & her other children - also Phebe, Ann, Emily, and their increase from this date - Also the carriage & horses in use at the time of my death - four cows & calves, my clock, The Bedstead on which I now sleep - a half dozen Chairs, which she may select, and such Kitchen ware & furniture as may be Sufficient for herself & family, and at her death or marriage, I give said negroes & their increase to her children, Share & Share alike.

    Eighth - I give to my Son John T. Broughton, my negroes Jude, Isaiah, Swess & Antoinette and their increase from this date.

    Ninth - I give to my Son Jacob L. Broughton, to and for the Sole & Seperate use of my Daughter Lurena T. Paine, wife of Courtney Paine, my negroes, Patience, William, Henry, & Little Hannah, and their increase from this date, and Should she die without child or children then Said property and its natural increase Shall go to and be equally divided between her full Brothers and Sisters.

    Tenth - My negroes Isham & Thornton, I direct my Executors to sell, for cash, and the proceeds to be equally divided among my children, by my last wife - the Shares of my Daughters for whom I have appointed Trustees, to go into the hands of the Trustee, with the Same limitations & Trusts as previously directed in this Will.

    Eleventh - It is my desire that my Son-in-law, William E. Carson & his family shall reside where he now does, untilmy Land shall be disposed of as hereinafter directed - I therefore direct that my Daughter Caroline Carson shall have the right to make one crop on the place on which her husband Col. Carson now resides, immediately after the crop, which shall be made the year of my death.
    I also direct that my Daughter Essey, shall have the right to reside & continue in possession of my dwelling-House , & have as much of the land as may desire to cultivate for one year after my death, to make a crop.
    And I also give my Son John T. Broughton the right to use the land of mine, which he is now cultivating, and more if he desires, to make one crop immediately after my death - all the rest of my lands to lie out, but the fences to be kept up - and if pastured, only by the stock of my children.

    Twelfth - I direct that the Lands, on which I now reside shall be sold by my Executors, so soon as the crops mentioned in the preceeding claus of this Will, shall have been made, on a credit of one, two & three years, in such parcels or quantities, as my Executors may deembest - The purchase money to be well secured - The Proceeds of said lands to be equally divided among my seven youngest children, the children of my last wife.

    Thirteenth - All the negroes in my possession, not mentioned in this Will, are negroes and their increase which I received by my last wife, and are referred to in the Will of her Father, Robert Wright, - it is my wish to carry out his Will in substance, therefore I give unto my seven youngest children, (the children of my last wife) all the negroes, now in my possession, which I received by my last wife, and their increase, to be equally divided between them - The Share of each of my Daughters, for whom I have appointed a Trustee, to go into the possession of the Trustee for the same purpose & uses & limitations, as herein before set forth for each - but my children mentioned in this item may and no doubt will prefer to take it under the Will of their Grandfather.

    Fourteenth - All the rest of my property of whatever nature or kind, to be sold by my Executors, and the proceeds together with whatever money on hand, notes & accounts - to be equally divided among my seven youngest children, according to the terms specified in the twelfth item of this Will, and for the same uses and purposes.

    Fifteenth - I hereby appoint my Sons Jacob L. Broughton & John T. Broughton, my Exectutors to carry this Will into effect.

    Signed, sealed & published by John H. Broughton, as his last Will and Testament in our presence, who have herewith subscribed our names as witnesses in the presence of the said John H. Broughton, and in the presence of each other - This the 11th day of Sept. 1854.

                                                                                              his
Y. P. King                                                             John H.   X   Broughton
C. C. Norton                                                                      Mark
Wm. C. Dawson
 

Court of Ordinary - May Term, 1857

Georgia            )
Green County   )     Personally came into Open Court Yelverton P. King and Charles C. Norton, two of the subscribing witnesses to to the within and fore-going last Will and Testament of John H. Broughton deceased, who uppon oath say that they saw him sign, seal & heard him declare the same to be his true last Will and Testament, and that they each believed him to be of perfect sound mind and disposing memory, at the time of his signing the same and that they together with William C. Dawson the other witness thereto , subscribed their names as witnesses thereto in the presence of each other and in the presence of the Testator.

                                                                                Y. P. King
                                                                                C. C. Norton

Sworn to & subscribed in Open Court
this 4th day of May 1857 - Eugenius L. King, Ordinary
Recorded May 4th, 1857 - Eugenius L. King, Ordinary