Will of Shem Cook
(Beginning on page 58)
Georgia
Carroll County
In the name of God amen I Shem Cook
of said state and county being of
advanced age and knowing that I must
shortly depart from this world deem it right & proper
both as respects myself and my 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 heretofore made by me
Item First--I devise and direct that my body be buried
in a decent and Christian like manner suitable
to my circumstances and condition--my soul thus
shall return to rest with God who gave it as I
hope for eternal salvation through the blessed Lord
& Savior Jesus Christ whose religion I professed and
humbly trust enjoyed for 30 years.
Item Second--I desire and direct that all my just
debts be paid without delay by my executors hereinafter
named as I am unwilling my creditors should be
delayed of their rights especially as their(sic) is no necessity
for delay.
Item Third--I devise and direct that William Sutton
my son in law shall take my wife Temperance and
keep her, her lifetime and be paid for the same out
of my estate and if he fails to comply that arrange-
ments be made for the same. Paid for out of my
effects.
Item Fourth--I give and bequeath to my son R.B. Cook
five dollars.
Item Fifth--I give and bequeath to Solomon West's
children that he had by my daughter Ann, five dollars
Item Sixth--I give and bequeath my negro property
to my sons James B & A.J. Cook and daughter Elizabeth
Sutton and Penelopy Yarber to be divided according to
valuation by lot, not sold.
(Page 59)Item Seventh--I direct that all the rest of my property
be sold and equally divided between James B. and
A.J Cook and Elizabeth Sutton and Penelopy W.
Yarber, after paying my just debts and provid-
ing for the support of my wife and paying
the other legatees their five dollars
Item Eight-- I will and direct that the prop-
erty that I give to James B & A.J. Cooke & Elizabeth
Sutton & Penelopy W. Yarber is for them to hold
their lifetime then to their children.
Item Ninth--I constitute and appoint my sons James B. & A.J. Cook and William Sutton executors to
this my last will and testament This January
28th 1862 Shem (x) Cook
Signed sealed declared published
by Shem Cook as his last will & testament in the
presence of us the subscribers who subscribe our
names hereto in the presence of said testator and
of each other This January 28th 1862
G.W. Burson
S.H. Hand
John L. Fletcher
Carroll Court of Ordinary
April Term 1862
Personally appeared in open court James B Cook &
William Sutton Executors of the last will and testa
ment of Shem Cook late of said county deceased
and produced before the court the last will
and testament of the said deceased and the
witnesses to the said will to wit G. W. Burson,
S.H. Hand and John L. Fletcher. The said
Burson and Hand being sworn say that they
saw the testator Shem Cook sign seal declare
and publish the paper now presented as his last
will and testament freely voluntarily and of his own
accord and without any compulsion or influence
whatever and at the time of executing said
will said testator was of sound & disposing mind
& memory that deponents signed the said will
as witnesses in the presence of the testator and in
the presence of each other
Sworn to & subscribed in open
court 7th April 1862
George W Burson
S.H. Hand
Source:
Carroll County, Georgia, Will Book A 1852-1896 : 58, Will of Shem Cook. 28 January 1862; imaged in "Georgia, Wills and Probate Records 1742-1922," Ancestry (https://www.ancestry.com/search/collections/8635/ : accessed 15 January 2019) > Carroll > Wills 1852-1922 > image 64 of 506.
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