Jesse Cox's Last Will and Testament

Submitted by Nan Crawford

In the name of God, Amen. I, Jesse Cox, being weak in body but of sound mind and memory, and knowing that it is appointed once for all man to die, do make and ordain this to be my last Will and Testament.

First, I give my soul to God, the author and giver of all things, and my body I commit to the earth from whence it came.

Second, it is my wish that all my funeral and burial expenses be first paid.

Third, it is my wish at all my just debts be next paid.

Fourth, it is my wish and desire that all my lands whereon I now live shall be and remain in the possession of my wife, Sally. For the use and benefit of raising all my children that are yet with her, and when the children are all grown up or married or become of age, it is my wish that all my lands be then equally divided between my beloved sons Wiley J. Cox and Middleton Cox.

Fifth, it is next my desire that my wife Sally Cox, together with all my children, Orry Jackson, wife of Samuel Jackson, Betsey Lockett, wife of Cullen Lockett, Wiley J. Cox, Eliza Cox, Middleton Cox, Sarah Caroline Cox and Mary Catherine Cox, all have an equal division of my whole estate. Share and share alike. That is whatever my daughters Orry Jackson has had and my daughter Betsey Lockett has had to be taken and considered as so much of their respective shares, and my land as above given land given away is to go and be considered as so much of the respective shares of my two sons, Wiley J. Cox and Middleton Cox and the balance to be made up equal to them, taking into view, the real value of the land at the time my son Middleton Cox becomes of age. It is also my desire that my daughters Orry Jackson and Betsey Lockett receive their due proportions as soon as my executor can with convenience give them their due and equal share.

Sixth, there is in my possession at present some horses, and also there may be some property on the plantation that will be burdensome to my wife Sally and to my family. It is my desire that all such property as my wife Sally has no use for, for the use of my family, and for those of the plantation be sold, and thrown into my * estate, to go as an equal division. My daughter Orry Jackson has had five Negroes to wit, Amy a woman, Violet a girl, Creasy a girl, Baby a boy and Abram a boy, all of which is to be considered in her interest in my estate. My daughter, Orry Jackson, has also had her entire and complete share of all my household possessions.

My daughter, Betsey Lockett, has had five Negroes to wit, Susy a woman, Green a boy, Harriet and Janet two girls, and Tom a boy, all of which is to be considered as part of their respective share in my estate. My daughter Betsey Lockett has also had her entire and complete share of all my household furniture. My two daughters, Orry Jackson, wife of Samuel Jackson, and Betsey Lockett, wife of Cullen Lockett, have each had their entire share of all my full kind and descriptions.

It is my last wish that my wife Sally Cox, my son-in-law Cullen Lockett, and my neighbor Flemming Gordon be appointed executors to carry into execution completely this my last Will and Testament, made this Fourth day of September, 1824.

Jasper County, Georgia, Court of Ordinary, November Term, 1824: Personally came Jarrel Beasley and * saith that he heard Jess Cox direct Edward Varner how to write his will. That said Varner did write the aforegoing will, that the same is written in conformity with the instructions of said Cox, and that he heard said will read to said Cox, and that he made no objections to it. Sworn to in open court this 1st November, 1824.

Jasper County, Georgia, Court of Ordinary, November Term, 1824: Personally came into open court Edward Varner and John C. Walters, who being duly sworn, * that they heard Jesse Cox, * after the within will was read to him twice distinctly say that the same was his true last Will and Testament, and that they believe him to be at that time of sound * mind and memory. Sworn to and duly * in open court this 1st day of November, 1824.