Will of Harris Tyner

Submitted by: Jim Gilmer/Dennis Ward


Harris Tyner's Will 1844

In the name of God Amen. I Harris Tyner of the State of Georgia & County of Elbert being much afflicked in body but sound in mind & knowing that is appointed for all men once to die I make & ordain this my last will & Testament willing my soul to God who gave it & my body to be buried in a decent & Christian like manner & as tuching such worldly goods as it has pleased God to blep me with I give & devise in the following manner & form, to wit. It is my will that all my just debts be paid out of my estate & the balance to be divided as follows. I give unto my wife Ruthea Tyner one hundred forty acres of land including the plantation where I now live & bounded as follows beginning at a pine corner on Jaby Skeltons line runing South acrop the creek to a pine corner the west to a stake corner in the feald then north to a Chestnut Stake corner then the creek to be the line upto the mouth of a branch in the fealed then up the branch to the oald line then to the beginning corner to belong to my wife Ruthea Tyner during of her life time & then to belong to my three daughters to wit Elizabeth Tyner Martha Tyner & Mealea Tyner. I also give unto my wife Ruthea Tyner one yoak of oxins & Cart two sows & pigs one cow & calf one feather bead & furniture during of her life time & then to belong to my three daughters above named. I also give unto my daughter Elizabeth Tyner one feather bead & furniture. I also give unto my daughter Martha Tyner one feather bead & furniture. I also give unto my daughter Mealia Tyner one feather bead & furniture. I also give unto my son Tillison Tyner a peacs of land whereon he now lives bounded on the East by a stake line then runing south to the old original line then west to a read oak corner on McGees creek then north a smawl distance to a front oak corner then north to a pine corner then north to the head of a small Branch that runs into the creek the down said creek to the stake line. I also gave unto my daughter, Jane Hansford & Nancy Tyner jointly between them the tract of land where John Hansford now lives it being about sixty acres more lep. I also give unto Ann F. Higginbotam the tract of land whereon her Father William Higgenbotam now lives beginning at the mouth of the branch runing threw the feald where he now lives then the Creek to be the line to the mouth of a branch on the west side of the Creek then sipe said branch to the head then north to a hickery corner then East to a hickery corner then north to a read oak corner then along the old line upto against the fork of the road. I think it to be about forty acres. I give unto my son William Tyner one dollar. I give unto my son Calop Tyner one dollar to be paid out of my estate. I also give unto my daughter Patsy one cow. I also give unto my daughter Elizabeth Tyner one cow. I also give unto my daughter Mealey Tyner one Mare. I also wish my Executors to sell a tract of land that own a lying near where Wm Mance formerly lived & one in the perchacs & all other property that I have not given a way in this my will & to pay of my just debts with it & then equally divide this the balance between my lawfull heirs accept William Tyner & Calop Tyner who is to have no part of the proceeds of the sale of my property only the one dollar each. I do nominate & appoint my son Tollison Tyner Executor to this my last will & Testament giving him full power & authority to act & manage my estate according to the tenor of this my last will & Testament & I do hereby revoke & disanull all former wills & bequeath ratifying & confirming this my last will in Witnep where of I do set my h& & seal the 18th day of April 1844.

Joel Hutchenson Harris Tyner (Seal)
Barnabas Barron
Thomas Hilley

Codicy to this my last will

I also give unto my wife Ruthea Tyner all of my working tools Household & kitchen furniture that I had not heretofore despose of during of her life time & then to belong to my three daughters Elizabeth Tynor, Martha Tyner, Mealea Tynor. April the 18th 1844. I set my hand and seal

Joel Hutchenson Harris Tyner (Seal)
Barnabas Barron
Thomas Hilley

Georgia } Court of ordianary September Term 1844
Elbert County } Personally came into open Court. Barnabus Barron & Thomas Hilley
} and being sworn saith that they were present and saw Harris Tyner who is now deceased sign and seal the within and foregoing instrument, as his last will and Testament and codicil thereto and that they together with Joel Hutchenson signed the same as witnepes in the presence of the testator and in the presence of each other at the request of the testator and that the defeonants believe the testator to have been of sound mind and memory at the time he executed the same both will and codicil

Sworn to in open Court this } Barnabas Barron
2nd day of September 1844 } Thomas Hilley_____________
Attest Wm. B. Nelms, c.c.o.}

Georgia } Court of ordinary September Term 1844
Elbert County } After reading & examining the within will & Testament, itt is ordered by the
Court that it be Recorded Attest Wm B Nelms c.c.o.
Recorded the 2nd day of September 1844 Wm. B, Nelms, c.c.o.


Source: Elbert County, Georgia Will Book A, pg. 84 and 85

Typed exactly as recorded in Will Book A in the Office of the Probate Judge, Susan Sexton, Elbert County Courthouse, Elberton, Georgia

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