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Jackson County, GA Will Abstracts
Will Book A 1803 - 1860
A-64 PROSSOR HORTON (SR.).* Will dated Nov. 29, 1820, probated Mar. 29, 1823, recorded pp. 88-90. "… in perfect health, & perfect mind & memory… I give & bequeath unto Faraby Horton my dau. All that part of the Land that I now live on that lyes on the South West side of Walnut Forke of Oconee river containing 230 ac. More or less, and one Horse, Bridle & Saddle, one cow & calf, one Feather Bed & furniture to be left to hir own Choice."
"I give & bequath unto my beloved Wife Sarah Horton one third part of the proffits arising from the plantation whereon I now live Lying on the North side of Walnut forke of the Oconee during hir widowerhood, & the other two Thirds to be Equally devided between my Sons Fletcher & Prossor Horton (JR.) during such widowerhood & after the death or Marriage of my wife sarah, I do give & bequeath the above described plantation & premices & all the land attached thereunto, to my sons Fletcher & Prossor Horton."
"And all the rest of Property after all my Just debts are Paid, & $200 to William Clements to be Eaqually devided amoung my Legatees, except Sarah Glenn, & hir part of my property, except what she already had, is to be eaqually devided among the Issues of hir Body & the two illegitimate children that is Layed to my son William Horton, that is to say Jerome T. Flanigin & William M. Flanigin, provided Washington Allen my son in Law dose give a Just & Sattisfactory account & return of al the money & property that my son William had at the time of his death in his possession without any trouble or expense, he is to be considered as one of my heirs in the general provisions of this my will, & if not he is to be excluded from any further part of my property except what he has already had, & my property to be eaqually devided amoungst the rest of my heirs…"
Executors: James Hemphill & William Bell, Esqr.
Witnesses: Charles Dougharty, Ezekiel Price, John Todd & John Young
JACKSON CO., GA Minutes
of Court of Ordinary
EARLY COURT RECORDS R.S. Oaths,, 1822 - 1831
Page 18
Friday the 5th day of March 1823. Court met according to adjournment.
Present the Hon'ble Thomas Hyde, William D. Martin & Hugh Montgomery.
Personally came into open Court Sarah Horton wife and relic of Proser Horton dec'd and enters a Cavert against the probate of the said Proser Hortons will on the following grounds.
1st Because the said Proser Horton at the time of the making of the
said will was not of sound and disposing memory -
2nd because he has since disposed of a part of the property which he
bequeathed in said will which amounts to a revocation of the said will
-
3rd because he has freequently been heard to say that he was not Satisfied
with the will which he has made & intended to alter it -
4th because there was a great deal of property which the said
Proser Horton was possessed of that was not disposed of at all
Ex'd H. Montgomery, Thomas Hyde, Wm. D. Martin.
Pages 19-20
31st day of March 1823
The last will & testament of Proser Horton was exhibited in Court, proven by the Oaths of the Subscribing Witnessses & Ordered to be recorded. The executor therein named being sworn according to law.
Page 35
Ordered that Wm. Bell & James Hemphill Executors of Proser Horton
be allowed to sell all the real estate of Proser Horton dec'd they advertising
& selling agreeably to law.
Page 80
Ordered that Adam Williamson be & he is hereby appointed the Guardian
of Proser Horton son of Proser Horton dec'd he having made Choice of him
as such.
Submitted by: Sheri Tiner stintx@aol.com
