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Will of James Byram of Coweta County, GA
Posted by: Judy Fowler Kilgore (ID *****3323) Date: October 02, 2006 at 18:54:38
  of 439

Will made 16 December 1857, recorded 17 December 1858. Photocopied from the original will book in the Coweta County Courthouse in Newnan, GA, 27 Sept. 2006.

Will Book B, Page 152

Considering the uncertainty of this mortal life and being of sound mind and memory and thankful to Almighty God for the same, I James Byram of the County of Coweta and State of Georgia do make and publish and ordain this my last will and Testament in manner and form as follows to wit:

Item 1st
I give and bequeath unto my son James A. Byram the west half of Lot of Land No. one hundred and ten in the original Eighth Dist and half of Lot No Eighty in the Same Dist of said County with a reserve of ten acres whereon John F. Byram now lives James A. Byram is to have ten acres off of the south End of Lot No one hundred and nine in the eighth Dist of originally Coweta now Campbell County and James A. Byram is to be made equal in quantity and quality out of Lot of Land No two hundred and forty seven in the fifth district of said County.

Item 2nd
I will and bequeath to my son John F. Byram all the Lands bought of the Westers part in Coweta and part in Campbell County with a reserve of ten aces in the South End of Lot No One hundred and nine to James A. Byram, and John F. Byram is to have a part of two hundred and forty seven in the fifth Dist of said County including part of the Bottom land(s?).

Item 3rd
I will and bequeath to my son Andrew J. Byram Lot of Land No One hundred and eleven in the original eighth Dist of Coweta County and part of Lot No. two hundred and forty seven in the original fifth Dist., including part of the bottom Land, and one bed and furniture one Cow and Calf, and James A. Byram, John F. Byram and Andrew J. Byram is to have Equal shares in the Gin house, Gin Screw and thrash, Each one to bear his part in the profits and Expenses running gear and all that belongs thereto ~~

Item 4th
I will and bequeath to my Daughter Jean A. Byram July (Julz?) a negro girl about twelve years, Lee a boy about three or four years old, One bed bed sted and furniture, One Cow and Calf, and the said Jane A. Byram is to have twelve months provision, and the priviledge of the home where she now is as long as she Stays Single, and Upton W. Byram to attend and manage her business and She is to have three Bed Quilts Extra

Item 5th
I will and bequeath to my Daughter Hannah P. Tidwell Cresa a negro woman about twenty years of age and her child Virtis to her and her bodily heirs

Item 6th
I will and bequeath to my Daughter Martha A. Cook a negro boy Bob about eighteen years old to her and her bodily heirs

Item 7th
I will that Lucy a negro woman choose her master in the family and who ever gets her pay the Estate two hundred dollars

Item 8th
I will and bequeath to my Daughter Amy Brock six hundred dollars ~~~

Item 9th
I will and bequeath to my six Grand children to wit John Mellon, Lenora Mellon, Hannah L. Mellon, Ann Mellon, Zenas Mellon and James E. Mellon, six hundred dollars to be equally divided between the six above named Children James E. Mellon is to have one bed and furniture.

Item 10th
I will and bequeath to my Grand son James Tidwell One hundred dollars in money or property.

Item 11th
I will and bequeath to my three grand children to James Robinson twenty five dollars, Francis Williamson twenty five dollars, Hannah P. Hogan fifty dollars. ~~

Item 12th
I will that Upton a negro man about forty years of age Ben a man about thirty three years of age and Charles a man about twenty five years of age together with the balance of the property not before named to be Sold at my late residence.

Item 13
I will that Two hundred dollars be deducted from Hannah P. Tidwells for money I paid out.

Item 14th
I will that after all the money before stated be paid out and all Expenses paid that the balance be divided as follows U W Byram two hundred dollars, James A Byram two hundred dollars, John F Byram two hundred dollars, Andrew J Byram One hundred dollars, Jane A. Byram One hundred dollars; the remainder is to be equally divided between U W Byram, James A. Byram, John F. Byram and Andrew J. Byram, Hannah P.Tidwell, Amy Brock, Martha C. Cook.

Item 15th I will if my Daughter Jane A. Byram die without issue that the property willed to her and its increase be equally divided between the four Boys above named and two girls to wit Amy Brock and Martha C. Cook.

Item 16 I do will and hereby appointed Upton W Byram James A Byram and John F Byram my Executors to Carry into Execution this my last will hereby revoking all former ones by me made. In Testimony whereof the said James Byram have hereunto set his hand and affixed his seal this the Sixteenth day of December Eighteen hundred and fifty seven.

Signed sealed published and acknowledge to be his last will and Testament who at his request and in his presence have hereunto Signed our names as witnesses to the Same ~~
G.W. Arnold
Wm Cathcart
Joseph Attaway

James Byram (Seal)

For proof of said will see minutes Decr Term 1858
Recorded December 17th 1858 B.H. Mitchell Ordy

Item 17th I will that U W Byram James A. Byram and John F. Byram attend to the business of Andrew J Byram in as good manner as they possible can.

Coweta County Ordinary Court Minutes, Book D, pp. 120 & 121
December Term 1858

In the matter of the will of James Byram said will being now offered for admission to record comes John R. Brock and Amy M. Brock formerly Byram and heir at law of the said James Byram and daughter of James Byram and wife of said John R. Brock and objects to the granting said order and to the establishment of said will on the following grounds

First That at the time of making said will said James Byram was not of sound and disposing mind and memory, but was in sent (?) of non sane mind and by law utterly incapable of disposing of his property in any part thereof

Second Because the said will was made under undue influence, the said testator having been influenced or induced to make the provisions contained in items of his last said will by undue influence and improper control in regards thereto exercised over his mind by James A & John F Byram two of the principal legatees under said will And said John R Brock & Amy M Brock pray the judgment of this Court, and that the probate of said will be set aside and the order refused admitting the same to record.

October Term 1858

Bigby & Ligon
Buchanah & Wright Attys
pro Caveaters

James A Byram, Upton W Byram and John F Byram Executors of said James Byram come into Court and traverse the grounds of the Caveat of the said John R Brock the Caveator and they say that the said James Byram was of sound mind and memory at the time of the execution of said will that he then possessed mind sufficient for the transaction of the ordinary business of life; that he Executed the said will freely and without any compulsion or undue influence whatever, and that no fraudulent practices or ---?--- importunities were used by any person or persons to induce him the said James Byram to Execute said will ~~ Wherefore they say that the said will is good and valid in law, and ought to be admitted to be proved and recorded and of this they pray the judgment of the court.

Williamson Pinson & Freeman
Attys pro Exors

The evidence in the above stated case having been heard and considered and all the interogations to said will having been examined in open Court and none of the grounds of the Caveat having been sustained and the will propounded by the Executors as the last will and Testament of James Byram deceased, ordered that said will be admitted to record and that Letters Testamentary do issue to the Executors named in said will upon their qualifications, and it is further ordered that the propounders do recover of the said John R. Brock the Caveator the sum of [blank space] dollr [scratched through] [blank space] for his cost in this behalf refunded and his said Caveators be in mer--?

B H Mitchell Ordy

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