Will of Tollison Tyner

Submitted by: Jim Gilmer

In the name of God Amen! I Tollison Tyner of the State of Georgia and County of Elbert, being much afflicted in body but sound in mind knowing that is appointed for all men once to die, I do make this my last will and testament willing my soul to God, who gave it and my body to be buried in a decent and Christian like manner and as touching such worldly goods as it has pleased God to bless me with. I give and devise in the following manner and form. Viz. It is my will that all my just debts be paid out of my estate and the balance. My land and all my stock, house hold and kitchen furniture and every other vestige of my property I give unto my beloved wife Jane Tyner during of her life time and at the death of my wife Jane Tyner it is my will that my executors sell my land all the rest of my property and equally divide it between my six children to wit: My daughters Ann Tyner, Mary Tyner. Joshua Tyner, Susanna Tyner. James R. Tyner and this J. P.Tyner* I do nominate and appoint Joshua Latman (sp?) my lawful executor to this my last will and testament giving my executor full power and authority to act and manage my estate according to the terms of this my last will and testament and I do hereby revoke and disavow all former wills and bequest, ratifying and confirming this my last will and testament. In witness thereof I have here unto set my hand and seal this the 8th day of October 1851.

Attest: E. R. White Tollison (his mark) Tyner SEAL
James (his mark) Finn
Barnabas Bassom (sp?)

State of Georgia)
Hart County)

Before me James T. Jones, ordinary of said Hart County in open court came Joshua Latman (sp?) the executor of the last will and testament of Tollison Tyner late of said County deceased and proceeded before the last will and testament of Tollison Tyner Dcsd and the witness of said wife to wit: E. R. White, Jas Finn and Barnabas Bassom (sp?), which witnesses being duly sworn depose that they saw Tollison Tyner, the testator sign, seal and publish the instrument now presented as last will and testament freely, voluntarily and of his accord and without any confusion (?) whatever, that at the time of execution of said will the testator was of sound mind and memory, that deponents sign(ed) the said will as witnesses in presence of the testator and at his special instance and request and in the presence of each other. Sworn and Subscribed before me this the Sixth day of August 1855. James T. Jones
E. R. White
Jas (his mark) Finn
Barnabas Bassom (sp)

• This appears to be a transcription error on the part of the clerk who copied the original will to the record. Tollison Tyner had a son named Thomas P. Tyner.

Source: Hart County Georgia Will Book A (1854-1864) Pages 6-7

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