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Will
Georgia
Hancock County
In the name of God Amen I Abner Atkinson of the county and state aforesaid being of sound mind and memory do make ordain constitute and publish this my last will and testament revoking all others by me heretofore made allowing this to be my last will and testament in manner and form following;
Viz Item 1st I give and bequeath unto my son Cornelius Atkinson five negroes wiz Hannah, Grace and her two sons Sam, Solomon and Starling boys all this in addition to what he has already received of me.
Item 2nd I give an bequeath unto my son Lewis Atkinson nine negroes viz Sam an Isbel his wife, Ellick, George and his wife Vincy, Charles, Washing boys, Cherry and her children Jacob in addition to what he has already received from me to him and his heirs and assigns forever.
Item 3rd I give and bequeath to the heirs of my daughter Sally Cook (wife of Nathan Cook) viz the heirs of her body six negroes viz Spencer a man Milley a woman and her three children Clem, Alford and Ned boys and Caroline a girl in addition to what I have already given to my said daughter to them the heirs of her body of said Sally Cook to them and their heirs forever.
Item 4th I give and bequeath unto my daughter Lurany Lundy seven negroes, viz, Moriah Middy woman and her four children Polly Silvy Corsy and Linny & Charlotte in addition to what she has already received of me heretofore to her and her heirs forever.
Item 5th I give and bequeath unto my son Elbert Atkinson ten negroes, viz, Willis Daniel Isaac men, Esther a woman and her six children Amy, Fanny, Nelly, Arthur, Henry and Warren. Also the tract of land on which I now live containing by estimation one thousand and twenty seven acres of land more or less to him the said Elbert Atkinson to have and to hold forever in fee simple. Also his choice of one of my horses one hundred barrels of corn, two feather beds and furniture to him and his heirs and assigns forever.
Item 6th I give unto my grand daughter Lucy Cook daughter of Elizabeth Cook one negro fellow named Frank to have and to hold forever in fee simple.
Item 7th I give and bequeath unto my grand daughter Matilda cook daughter of Elizabeth Cook one negro woman named Lees to have and to hold for ever in fee simple.
Item 8th It is furthermore my will that all my stock of every kind or any other pieces of property that has not been otherwise disposed of in this my last will and testament shall be sold by my Executors and the money arising from the sales thereof to be equally divided between my legitimate children, Elizabeth Cook, Cornelius Atkinson, Lewis Atkinson, Sally cook, Lurany Lundy and Elbert Atkinson that is the balance left after paying all legal demands against my estate.
I do herby ordain constitute and appoint my trusty friends Thomas Lundy and Starling Evans Executors to his my last will and testament. In witness whereof I have here unto set my hand and affixed my seal this 24th May 1820
Signed and acknowledged Abner Atkinson {seal}
In presence of
George Collins
Spencer Watts
Aquilla Evans
The within will duly proven before us this 15th day of September 1821 by the oaths of all the subscribing witnesses and ordered to be filed in office until the next court of ordinary
Barnaby Shives J.J.C.
Micajah Thomas J. J. C.
Georgia
Hancock County } Inferior Court Setting for Ordinary purposes 1st October 1821 Present this Honor
Barnaby Shivers
Malcom Johnston Justices
Micajah Thomas
And now at this turn came Thomas Lundy and Sterling Evans nominated executors in the last will and testament of Abner Atkinson dec having proved the said will in vacation and present the same for record and themselves to be qualified upon which Benjamin cook in right of his wife presented his caveat by his attornies to the recording of the same and the qualification of said Executors whereupon the court having considered said caveat and the arguments of counsel, thereupon do _____ the grounds taken in said caveat insufficient & ordered said will to be recorded and said executors to be qualified.
Benjamin Cook caveator in right of his wife of the last will and testament of Abner Atkinson dec being dissatisfied wit the decision of the court came forward said all cost and prayed an appeal which is granted and George Horton entered himself as security for all future cost that may accome in said case.
Signed Benjamin Cook
Geo Horton
Georgia Clarks Office of Hancock Court of Ordinary 19th September 1821
Benjamin Cook one of the heirs and legal representative (in rights of his wife), of Abner Atkinson decd now comes by T & C Haynes his attornies and caveaty the proving the pretended last will and testament of the said Abner Atkinson dec upon the following grounds to wit,
1st Because since the making & executing the said will the said Abner Atkinson gave and delivered to his son Cornelius Atkinson the following negroes namely Grace, Sam, Solomon & Starling which said negroes were given and delivered by the said Abner Atkinson long prior to his death which said negroes are given and disposed of by the said Abner Atkinson in the first clause of said will and by reason of the girft and delivery of said negroes, the estate of said dec has been materially changed and it has been thereby rendered impossible to carry said will into effect.
2nd Because after the making of said will the said decd declared that he was not satisfied with the provisions of the same and that he intended to make a different disposition of his estate thereby revoking the same.
3rd. Because by the third clause of said will the said Abner Atkinson has attempted to create an estate tail which is contrary to the laws & constitution of said state and that said will is thereby rendered null & void.
4th That one of the negroes as aforesaid given by said Abner in his lifetime to said Cornelius Atkinson has been since the making of said will delivered of a child, which is not mentioned in said will & which cannot go to said Cornelius Atkinson by virtue thereof and that by reason of said gift and delivering of said negroes before named and of the child aforesaid the other heirs are prevented from any distribution of said child according to the tenor & effect of said will, which according said will a nullity & prevents the same from ever being carried into effect according to the provisions thereof.
5th That the estate of the decd has been so materially changed from the time of making said will until the death of the testator that the same cannot now be carried into effect according to his evident intentions at the time of making the same.
Thomas Haynes
Chrles E. Haynes
Attys for Cavestor
Benjamin Cook being duly sworn saith that since he filed his caveat against the proving the last will & testament of Abner Atkinson decd fact have come to his knowledge which afford new grounds of caveat thereto, to wit, That the said Abner Atkinson was not in his right mind at the time of making said will & that he was induced to make the same by reason of the under & improper influenced & ___sions of other persons being his heirs – and that from the absence of a proper state of mind & understanding – and from the exercise of _______ and improper influenced of other person, he was induced to execute said will & that the provisions of the same are not according to the will & intentiary of said Abner Atkinson where in his right mind and unbiased by improper influences –
Sworn to in Open Court
This 10th October 1821 Benjm Cook
Phil L. Linny Clk
Georgia In the Superior Court of Hancock County
October Term 1821
Benjamin Cook Caveator
Vs Appeal from the Court
The Executors of the of Ordinary on Caveat
Last will & testament of
Abner Atkinson decd
It is corrected that the demurrer to the grounds of caveat in the cause be supported nd the appeal dismissed and it is ordered that the executors be qualified.
A true extract from the minutes this 5th day of November 1821
Phill L. Simms Clk
Georgia
Hancock County
Inferior Court Sitting for ordinary purposes 7th January 1822 Present their honors
Nathan Hamilton
John Bension
Malcom Johnston Justices
Barnaby Shivers
Micajah Thomas
Ordained these the nominated executors Thomas Lundy and Sterling Evans in the will of Abner Atkinson deceased be qualified and the said will recorded whereupon the said Thomas Lundy & Sterling Evans were duly qualified as Executors of the said last will and testament
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