Page 237
Georgia
Clarke County


I James Rhoads, by the grace of God, Amen. I James Rhoads of the County & State aforesaid being of sound mind and disposing memory and knowing the uncertainty of life and the certainty of death, make and ordain this my last will and testament
First, I give my body to the dust and desire that it be buried in a decent, Christian like manner and commend my soul to a merciful creator, trusting alone in the merits of the blessed redeemer, the Lord Jesus Christ for Salvation.
Second – My will is that my eight living children John Rhoads, Early W. Rhoads, Wesley Rhoads, James m. Rhoads Lindsey C. Rhoads, Sarah Sorrels wife of Charles Sorrels, formerly Sarah Rhoads, Rutha Bradbury, wife of Spencer Bradbury, formerly Rutha Roads and Lavania Thirlkell wife of Thomas D. Thirelkell formerly Lavania Rhoads, be each made equal in amount to what any of the other have received and as the basis of such a settlement I here declare that John & James M have each already received a horse, saddle and bridle bed & furniture, cow & calf, sow and pigs and three hundred & fifty dollars the value put upon a tract of land which I have heretofore given threm (??) being seven hundred dollars and my will is for each of the other six children to be made equal to them by adding or subtracting as the case may be, and I hereby declare that Early W has already received a horse, saddle & bridle, bed & furniture, and seventy dollars in cash, that Wesley has already received a horse, saddle & bridle, bed & furniture and twenty dollars in cash, that Lindsey has already received a horse, saddle & bridle and three hundred and eighty five dollars in cash, that Sarah has already received a bridle & saddle, bed & furniture and twenty dollars in cash, that Rutha has already received a horse, saddle & bridle, bed & furniture, cow & calf& sow & pigs and thus Lavania has already received a bed & furniture a cow & calf, a saddle & bridle & a one horse carriage, valued at twenty dollars and fifty dollars.
Thirdly, I give and bequeath to my son Lindsey C one hundred dollars in cash over & above any of my other children in view of his infirm health, such being his mother’s desire.
Fourthly, I give and bequeath to my wife Mary T Rhoads during her life the following negroes to wit Mary, a woman about thirty years of age and her children, William and Sarah and thus further increase and one undivided third part of the tract of land whereon I now live to be laid off to her soar to include the buildings & a sufficiency of woodland to keep up the farm. Also a horse, two milk cows and yoke of oxen, & ox waggan, two sows & pigs, a ram and six enes (??) my buggy a sufficiency of plantation utensils for the farm and as much of the house hold & kitchen furniture as she may desire.
Fifthly, my will & desire is that all the rest and residue of my estate after providing as aforesaid the equally divided between my said eight living children, share and share alike.
Sixthly, my will and desire is that all the legal heirs herein and hereby given to my daughter shall vest in my executor hereinafter named in trust for the sole and separate of each of my three daughters, free from the debts and contracts of their present or any future husbands during their natural lives of my said daughters an after their decease to their children respectively
Seventhly, I nominate & appoint my friend Dr. Henry Hull of Athens Executor of this my last will & testament hereby revoking all wills heretofore made by me. In Witness whereof I have hereunto set my hand & seal this eighteenth day of May eighteen hundred and fifty four

James Rhoads {seal}

Signed, sealed & published by James Rhoads as & for his last will & testament in the presence of us who have attested the same in his presence & in the presence of each other
In the 2nd line of the 4th item the words “in fee simple” erased & the words “during her life” interlined.
Robert H Goodman
_____ Newton
Everett Yerbey

Georgia
Clarke County
Whereas, I James Rhoads of the State and County aforesaid did on the eighteenth day of May Eighteen hundred and fifty four, make and ordain my last will and testament which is contained in the foregoing pages of this sheet and desiring to alter the fourth items do make this codicil to my said will and testament, to wit, The property bequeathed to my wife Mary T Rhoads, in the said fourth item of my said will I desire to be hers during her widowhood only and if she should again marry or die then the said property bequeathed in the said fourth item of my said will to be equally distributed among my legal heirs.
In witness whereof I have hereunto set my hand and seal this twelfth day of September 1855
James (his x mark) Rhoads {seal}
Signed sealed & published as the last will & testament of James Rhoades in his presence and in the presence of each other this twelfth day of September 1855
Everett Yerbey
H L Bonttain
William Z Matthews