Georgia

Baldwin County 

In the name of God Amen, I Zachariah Lamar of the County of Baldwin and State aforesaid being of sound and disposing mind and memory, do make, ordain, publish, and declare, this to be my last will and testament, revoking all others. Item and clause first.

I give bequeath and demise unto Lucius Q. C. Lamar of the County of Baldwin and Jesse Robinson of the County of Jefferson and the survivor of them as trustees for my beloved son John Bassil Lamar, the real and personal property in this clause hereinafter to the mentioned; subject to the trust, limitations, conditions & restrictions hereinafter to be declared – to wit, all my plantation and real estate in Bibb County lying East of the Oackmulgee river, together with fraction number one hundred and sixty two, on the Oackmulgee river in Twiggs County, containing two hundred and eleven acres, total (including the fraction aforesaid) five thousand one hundred and sixty two acres. Also the negroes hereinafter mentioned to wit: Old Charles, Liny, Milind, Clarisa, Joshua, Mincaly, Randal, Julian Ann, Young Charles, Selah, Walker, Phil & Phoeba his wife, Philip, Lucinda, John (son of Phil), Augustus, Gabriel, Mary & her child Leacy, Ned, Sam Herbert,  Nancy his wife, Caswell, Sarah Anne child of Sam Herbert, Abram, Blacksmith, Clarisa his wife, Louisa, Jane, Scipio, Sarah , Mathew, Scipio (son of Old Scipio) Sarah Scipios child, Isaiah, Billy Bird, Grace, Lucy, Billy son of Billy Bird, Caty (daughter of Billy Bird, Antonette John (son of Billy Bird), Matt, Venus, Mark, Phillis, Joe & (Luan his wife) Robbin, Polly, Armstrong, George, Francis, Elijah, Ned (Carpenter) African Peter, (Fanny his wife), Paul, Simon, Andrew, Hamilton, Peter, & Harit his sister, Edinborough, Sally, Cecilia, Adalaide, Beck, child of big Flora, Maria, Esau, Viney daughter of Scipio and all the future increase of all of the negroes aforesaid; also Eighteen Mules and all the stock of cattle and hogs, blacksmiths tools, plantation utentials, and carriages at the plantation, hereinbefore mentioned together the all the provisions, corn, fodder, and meat, which may be thereon at my decease. All the property aforesaid real and personal to be held by the said Trustees and the Survivor of them in Trust for the sole use benefit and enjoyment of my said son John B. Lamar, until he shall have arrived at the age of Twenty five years. The said John B. Lamar to have the management, use and enjoyment of the said property and the proceeds thereof until he shall have arrived at the age of aforesaid, but if at any time the said John B. Lamar contrary to my ardent hope and expectation, and in violation of his solemn promises and sacred duty, shall addict himself to the destructive vice of Gaming; Then and in that case it shall be in the power of my said Trustees, and the survivor of them to take the management and control of said property into their own hands, so far as it may be necessary to do so to prevent its waste and destruction. It is my further will & desire, that when my said son John B. Lamar, shall have arrived at the age aforesaid, the property of aforesaid shall cease to be held in trust aforesaid, but the legal title in and to the same shall at that period vest but in in the said John B. Lamar as fully and effectually, as it now [is] vested in the said trustees; provided the said John B. Lamar in the intermediate time shall have abstained from the practice of Gaming otherwise, the legal title aforesaid, shall continue in the said Trustees subject to the trust aforesaid, until he shall have clearly shown, by conduct a total and permanent, abandonment of that practice. It is my further will and desire that if my said son John B. Lamar shall depart this life without leaving a legitimate child or children living at the time of his death, then and in that event, the property aforesaid shall vest in my children Mary Ann Lamar and Andrew Jackson Lamar to be equally divided between them and I hereby bequeath and demise the same to them accordingly provided that in event should happen.

Item and Clause Second. I give and bequeath and desire Lucius Q. C. Lamar and Jesse Robinson, and the survivor of them in trust for my beloved daughter, Mary Ann Lamar, and such child, or children as she may have living at the time of her death the real and personal Estate hereinafter mentioned, to wit my Hurricane Plantation and adjoining Lands in the county of Baldwin containing twenty four hundred and thirty six acres; also the following negroes, to wit. Levin, Nancy (his wife), Nelly , Elizabeth, Dilia (children of Levin,) Elick and Clarisa (his wife) and James, (their child) Ben, Robinson, & (Patsy his) wife, and their five children to wit Rhoda, Fleming, Henrietta, Ann, [Alsey?], Jeffrey, Rhina and her two children, Shadrack, and Ellick, Sam son of Levin, Abram, and Hetty, his wife and their child Milkey, Joe, Blacksmith, and Lucy, his wife, October and Sylvia, his wife, and their five children to wit Vicey, Jane, Sam, Elbert, & Daniel; May and Easter [his] wife and their four children to wit, Maria, Izrael, Betsey, & Pleasant, Edmund & Creasy  his wife and their three children, to wit, Ambrose, Minty, & Scott; Simon and his wife Peggy and their two children to wit Martha & Phoebe; Isaac & Harriet his wife, and their child Wilson, Damon & Sibby his wife and their two children, Carolin & Isabella, Peggy & her two children, to wit Serena & Chaney, Levi, Ben Brewer, Rachael & Becky, her sister Crena and her brother Andrew, Moses, Sukey, Jim, Willis, Julyann, & Rosanna, their sister Sukey, & Amy her sister, Janey, Lewis & his brother Joe; And the future increase of the female negroes aforesaid. Also, Eighteen Mules, and all the Stock of clattle & hogs, Blacksmiths tools and plantation untentials & carriages at the said Hurricane Plantation, together with all the provisions, corn, fodder, and meat which may theron at my decease, The said Trustees to have and to hold the property aforesaid real and personal in trust for the sole use benefit & enjoyment of my said daughter Mary Ann Lamar, during her natural life and at and after her death, for the sole use benefit and enjoyment of such child and children, as she may have living at the time of her death, to be equally divided between such children, and in the event that she shall depart this life without leaving child or children living at the time of her death, then and in that case, I give and bequeath and demise the property aforesaid to my sons John B. Lamar and Andrew Jackson Lamar, and their heirs to be equally divided between them.

Item And Clause Third. I give bequeath and demise unto my beloved son Andrew Jackson Lamar, and his heirs all my Land in Bibb County west of the Oackmulgee river containing one Thousand two hundred & twenty two acres; also Lots numbers three hundred & forty three, three hundred & seventy, three hundred & seventy two, containing three hundred and seventy one acres lying on Chatahoochie river, in the fifth district of Early County also Lots number four hundred & thirty six; and four hundred and thirty seven containing two hundred and sixty seven acres; also Lots four hundred & forty one; four hundred forty two, four hundred and forty three, four hundred & forty four, and four hundred & forty five; containing five hundred & thirty one acres; all said Lots or rather fractions lying on the Chatahoochie river in the twenty eight District of Early County; also section thirty, section nineteen, west half of section eighteen, west half of section seven, south half of section Sixth containing twenty two hundred acres of Land, situate & lying in Township Thirteen Range Sixteen in now Lownds County, formerly Montgomery County in the State of Alabama; also the following negroes to wit. Young Mark, Young Frank, Caty daughter of Hercules, Mary (Big Floras child), Baker, & Selina; and the future increase of the said female negroes; also one hundred shares of State Bank Stock now held by me, also fourteen thousand Dollars in money to be raised as herein after directed, and in case my son Andrew Jackson Lamar shall depart this life without leaving a child or children living at the time of his death, then and in that case, I give demise & bequeath the property real and personal and money aforesaid to my son John B. Lamar and my daughter Mary Ann Lamar to be equally divided between them. It is my will and desire that my son Andrew Jackson Lamar shall receive a liberal education at any eligible institution in the State of Georgia. And I hereby nominate, constitute & appoint Lucius Q. C. Lamar, and Jesse Robinson, Guardians of the persons and Estates of my sons John B. Lamar and Andrew Jackson Lamar, until they arrive at the age of twenty one years, and of my daughter Mary Ann Lamar until her marriage.

Item and clause fourth. It is my will and desire, that the residue of my Estate real and personal, and Bank stock not already demised & and bequeathed, shall be sold by my executors according to the law, and after the payment of the pecuniary legacy to my son Andrew Jackson Lamar, hereinbefore mentioned, out of the proceeds of said sale, and all necessary expenses attendant upon the execution of this will, then the remainder with all the ready money, which I may have in hand at my decease and debts due to me at that time; shall be equally divided between my children John B. Lamar, Mary Ann Lamar & Andrew Jackson Lamar.

Item and clause fifth. It is my will and desire, that in the event of the death of both of the trustees mentioned in the first clause of this will, that Jefferson J. Lamar of The County of Jones and William Robinson of West Florida, and the survivor of them shall in that event act as trustees for the purposes in said demise mentioned, and they are hereby nominated as such, and invested in that event with all the powers vested in the original trustees.

Item and Clause Sixth. It is my will and desire that the residue of my Lands in Alabama, not demised, shall also be sold by my Executors according to Law and the proceeds divided among children as described in clause fourth.

Item Seventh. Lastly, I hereby nominate, constitute and appoint friends and Relations, Lucius Q. C. Lamar & Jesse Robinson Executors of this my last will and Testament. In witness whereof I have hereunto set my hand and seal this Twenty Third day of January, in the year of our Lord Eighteen hundred and Thirty Two.

Signed sealed published

And declared in Presence of

John Manning

Isaac Newal

Robert M. Combs

Codicil to the Last Will and Testament of Zachariah Lamar May 22, 1832

Georgia

Baldwin County: In the name of God Amen.

I Zachariah Lamar of the County of Baldwin and State aforesaid, being of sound & disposing mind and memory, so by this codicil, to my last will & testament, hereunto annexed and being the date of the Twenty Third day of January in the year of Our Lord Eighteen hundred & Thirty Two Give bequeath and demise unto Lucius Q. C. Lamar of the County of Baldwin & Jesse Robinson of the County of Jefferson & state aforesaid & the survivor of them as trustees for my beloved son John Bassil Lamar; the following negroes, additional to his legacy, in my last will & testament, above mentioned, to wit, Jim Darby, his wife Chana & their children, Malind, & Chiny, Boson, Nancy his wife & their children Mary Ann & an infant; Hercules, Flora, his wife, & their child Landon, Jim, Nancy, & their future increase, for the sole use & benefit, and enjoyment of my said son John B. Lamar, under like limitations & restrictions as prescribed in Item and Clause first of my last will & testament aforesaid.

And I do also give, bequeath, and demise unto my said son John B. Lamar without Limitations or restrictions, the following real estate, viz. one tract of Land of one hundred & ninety six acres on the Oackmulgee river, also one hundred & ninety five acres adjoining, granted to James Russeau, Lying in now Twiggs County, also ninety eight acres of Land on the Oackmulgee and [Shelltane?] creek, in originally, the twenty fourth District of Wilkinson County, Also two fractions containing three hundred and ten acres, on the Oackmullgee river in originally the fourteenth District of Wilkinson County: Also two Fractions two hundred and Twenty two acres, in originally the fourteenth District of Wilkinson County, also four Fractions on Palmeto creek, Laurens County, pine land; also two hundred & two & a half acres of Land in Laurens County, also two Fractions containing two hundred and fifty two acres on the Oconee river in the second District of Wilkinson County; also five hundred & fifty five acres of Land on Black creek including a moiety of the old Mill & Mill seat formerly belonging to Mandurson in Wilkinson County; Also one House & Lot in the Town in of Milledgeville situate on Wayne street between Wily & Barters Large corner building and the State Bank, also a quarter of an acre of Lot number one in square number Forty three in the Town of Milledgeville situate on Wilkinson street.

Item Second. I give demise and bequeath to Lucius Q. C. Lamar & Jesse Robinson aforesaid, and the survivor of them, as trustees for my beloved daughter Mary Ann Lamar, the following negroes additional to her legacy in my last will and testament aforesaid, to wit Frank, Charity, his wife; Mingo, Mary his wife & their children Cybella, and Rosetta, Cyrus, Sukey his wife & their children Emanuel & Anderson, Jenny, & her child Solomon, and Dennis & their future increase, for the sole use and benefit & enjoyment of my said daughter Mary Ann Lamar, under the like limitations and restrictions as prescribed in Item & Clause the Second of my last will & testament aforesaid, and I do also give bequeath, and demise unto my said daughter Mary Ann Lamar without limitations or restrictions, the following real and personal state viz. All such Lands lying and being in the Counties of Houston, Dooly, Irwin & Early not heretofore bequeathed or demised, of which I may be possessed at the time of my death (Except number forty in the fifth District of Houston County) also Lot number Two hundred & forty one in the second district of Monroe, also Lot number Four in square number seventy three on Jefferson Street, also one quarter acre Lot number one in square number forty four on Franklin Street; also the corner half of Lot number Two in square forty three situate on The corner Of Franklin & Wayne Streets, and all the buildings thereon, all lying and being in the town of Milledgeville.

Item third. I will and demise & bequeath unto my beloved son Andrew Jackson Lamar, the following negroes Additional to his legacy, in my last will and testament aforesaid viz, Susan child of old Jenny, Mingo son of Old Mingo, Keziah daughter of August, Jane daughter of Mingo, Henry & Ghent, children of Cyrus; also an additional sum of two thousand Dollars; also fifteen hundred and fifty seven acres of Land, lies east & west of the Oconee river in Baldwin County State aforesaid, being my old Cedar shoal plantation; also Lot number Forty in the fifth District of Houston Country containing two hundred two & a half acres of Land; and it is my will and desire, that my son Andrew Jackson Lamar’s legacy in money to be raised as provided in my last will & testament, by the sale of property not bequeathed & debts that may be due to me, shall be vested by my Executors, his guardians in good Bank Stock or loaned out of legal intent and secured by land and mortgage on valuable landed property.

In witness whereof I have hereunto set my hand and seal, This twenty second day of May in the year of Our Lord Eighteen hundred & thirty two

Signed, Sealed, Published and

Declared in front of

Rober M. Combs

William G. Lane

Isaac Newell

Z. Lamar

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Source: Howell Cobb Family Papers (MS 1376), Hargrett Rare Book & Manuscript Library, University of Georgia, Athens, Georgia.