Week 9 – 52 Ancestor Challenge – Where There’s A Will, There’s A Codicil

     “Where there’s a will, there are 500 relatives…..”

The Will of Giles Driver, Jr. offers a window into the dynamic of his family. Giles is very detailed in how he disposes of his estate, in some cases right down to the penny. He was specific regarding the circumstances surrounding who received what and the conditions that had to be met to receive the inheritance.  Two notes here – this is not an exact transcription as far as spelling and there are a few words that I couldn’t make out, thus the blanks. Where you see bold text, I have added information for clarification.

Will of Giles Driver, Jr
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Pike County, Georgia – Record of Wills, Volume C-D, 1844-1912, Page 492

19 July 1869

In the name of God Amen.  I Giles Driver of said State and County being of advanced age and knowing that I myself must shortly depart from this life, 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 made by me heretofore.

Item 1st – I desire that my body be buried in a decent and Christian like manner, suitable to my circumstance and condition, but nothing unnecessary about it. My soul I hope and trust shall return to rest with God who gave it, as I hope for eternal Salvation through the blessed Lord and Savior Jesus Christ.

Item 2nd – I desire and direct that all my just debts be paid by my Executors hereinafter named.

Item 3rd – I have given to my daughter Sarah R who intermarried with Charles B Hubble one thousand and thirty five dollars in cash, she leaving no child at her death my wish is for said Hubble to have no more interest in my estate whatever.

Item 4th – My wish and desire is for my youngest son Charles G to have one hundred dollars extra and more than the balance of my children this difference is made because he has not received his due proportion of education.

Item 5th – I give and bequeath to my wife, Mary, all the property that she was possessed of at the time of our marriage, to do with as she may think proper at her death. I also desire that three hundred dollars be laid out in hand of which she is to have full control during her natural life or widowhood but at her death or marriage for the lands to return to my estate and to be equally divided among my children or their children as the case may then be.

At this point in the will is a note “See Marriage Contract”. The placement is such that I don’t know if he is referring to his third wife, Mary M Carson, or to his son, Julius W, who is the subject of Item 6.

Item 6th – I throw (?) this restriction and qualification around the property or effects that may fall to my son Julius W, that is, it is not to be subject to any of his debts or contracts now made or hereafter made, but he is to use it for his support and benefit and that of his family and at his death to be equally divided among his children but his present wife and the Serepta Ann Rebecca Reeves wife neither of them is to have any interest in my estate or its increase whatever at the death of my son Julius W Driver I make this difference because he is divorced from the Reeves wife and I understand that the father of his present wife Sarah E Hogan intends to make a similar will.

Item 7th – My will and desire is for my Grandson Giles L Driver and my grand daughter Sarah F Driver (children of Julius W Driver and his 1st wife, Frances Jane Ussery) each to have one hundred dollars to be retained in the hands of my executors until these children become of age or marry. These amounts to be retained out of the portion falling to their Father.

Item 8th  – If any of my children die before or after me and have a child or children such child or children to draw their parents interest in my estate under this will.

Item 9th – I hereby put this condition and qualification upon the property or its effects that may be received by each of my children (to wit) if any of them die and leave no living or posthumous child then the property or its effects falling to such child to return to my estate and to be equally divided among all my children or their children as the case may there be in the manner herein specified for division observing the restrictions and qualifications in this will

Item 10th – My wish and desire is that each of my children that have not had a bed bedstead and furniture to have one after paying off all my just debts for each child to draw an equal share of my estate both real and personal, not counting (?) any old debts against any of them, observing the restrictions, qualifications and differences in this will

Item 11th – I have given my two sons Julius W and Robert P each a mule and each mule valued at one hundred and forty one dollars, sixty six cents, each of them have an extra cow which must be valued. I also paid Doyal & Nunnally fifty eight dollars for Julius ___ for cotton, twenty one dollars _____ due for that Thirty seven dollars these amounts I want counted against them without interest

Item 12th – I constitute and appoint my two sons Alonzo C Driver and James L Driver my lawful

Executors to this my last Will and Testament this 19 July 1869

Giles added a codicil that included the following –

First – Whereas I have understood that my son Julius W Driver intends to claim some property that he was in possession of at the time when he broke up house keeping and separated from his second wife Serepta Ann Rebecca Reeves and whereas I feel satisfied that I have fully compensated him for said property. Now if he claims said property and continues to contend for it then I want the five hundred dollars that I handed him when he started out to California counted against him without interest but if he relinquishes his claim to said property I want the will to be carried out without this codicil so far as he is concerned

Second – In lieu of the one hundred dollars mentioned in the fourth Item of my will to my youngest Charles G my wish is to alter it to Two hundred and twenty five dollars

Third – I also want my son James L to have two hundred and twenty five dollars These last two Items they are to have before there is any division made

Fourth – I want my wife Mary M Carson to have the bedstead and mattress that we lie on in lieu of her bedstead that she sold when she came here

Fifth – There is due from A C Driver Two hundred and twenty five dollars for his mare without interest

Sixth – My wish and desire is for the portion falling to my daughter Synthia E Pryor for her and her husband to have the use and benefits of the proceeds of the property but her present or future husband not to be allowed to trade off any of the property neither to be subject to any of his debts or contracts now or hereafter made the said property is to be exclusively for my daughter Synthia E and her children

Seventh – This I think will make my children as near equal as I can fix it


Whispers from the Past……

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