Transcript of the Will (from the original, signed with all the different signatures), outside of which says that it was “Recorded in Book E, page 286 & 287 this 19th day of July 1832. H.N. Nowland, Clk.”Territory of Florida, County of Jackson”
In the name of God Amen. I George Poythress of the Territory and County aforesaid calling to mind that all men must die and wishing to dispose of my worldly Estate do make and ordain this as my last will and Testament in Manner and form following to wit Item 1st I give and bequeath unto my Son John Carter Poythress my tract of Land lying and being in the County of Burk in the State of Georgia Known as the Rocky Creek Plantation to him and his heirs and assigns forever Item 2nd I give and bequeath unto John C. Poythress of Burk County in the state of Georgia and my friend James W. Exum of Jackson County West Florida whom I hereby nominate create and appoint Executors of this my last Will and Testament in trust as such executors all the remaining part of my Estate real & Personal both in Law and Equity with all monies and evidences of Debts due me to them & their heirs Executors and Administrators, But upon this special trust and confidence and for the purposes hereinafter mentioned, That is to say to suffer and permit my daughter Mary Elizabeth Mandell receive and use to her sole and separate use free from the controle or contracts of her husband or husbands the income and profits of my saidEstate for and during her natural life. And I do hereby declare that my said daughter’s separate receipt notwithstanding her said coverture shall be a sufficient & legal discharge to the said Trustees for the Income of said property so paid over to her from time to time. And it is further my will and desire that should my said daughter have a child or children living at her death then & in that case I give and bequeath said Estate Real & Personal herein conveyed to said Child or children and to them their heirs and assigns forever – But if my said daughter depart this life without having a child or children living at her death then and in that case it is my will and desire that my said Estate real and personal after my daughter’s death without children living go to and I do bequeath the same to such children of my Brother Lewis of the State of Virginia as may be living at the death of my Daughter.
I do hereby nominate and appoint my Son John Carter Poythress and my friend James W. Exum my Executors to carry this my last will into effect hereby revoking all former wills made by me – In witness whereof I have hereunto set my hand and affixed my seal this Sixth day of April In the year of our Lord 1829 — Geo Poythress
Signed Sealed and ExecutedIn the presence of us who sign the same in the presence of
the Testator and in the presence of each other —
Wm. J. Mauldin
H. D. Stone
Notes and Observations:
Barbara Poythress Neal
Some of you are aware that a brother of Lewis Poythress of Virginia, i.e.George Poythress, died in Jackson County, Florida (at that time Jackson County, Territory of Florida) well after making his will (signed on 6 April 1829), around July 1832. William Mauldin, Esqr, who had witnessed it, swore on 19 July 1832 in Jackson County Territory of Florida that George signed it in the presence of him and the other 2 witnesses, Robert Ross, and H.D. Stone.
I offer the following observations/questions after having just tediously read thru copies that arrived from Salt Lake today, requested when we returned from there in March: all 11 pages of “Poythress vs. Cheesborough” from Burke Co., GA’s “Equity Records 1834-1852” pp. 77-87 for 1848 (FHL film # 222,856), where George’s will appears as Exhibit A, and where the lengthy inventory of George’s property appears as Exhibit B, all of which is in the Burke Co Clerk’s difficult-to-read handwriting:
– It is stated in the court proceedings by John C. Poythress (who was named in George’s will as his son, and as his executor along with another executor James W. Exum) that Mary Mandell, “now Mary Cheesborough” (who was named in George’s will as his daughter) is his (John’s) half sister.
– It is further stated in the court proceeding, by the way, that Mary’s “maternal uncle” is Alexander L. Lawson, who they finally settled on to be Trustee for Mary after John C. was getting too feeble to want to do it any more, which seems to be the cause for this court action.
– It mentions in the inventory and accounting of George’s estate, when listing EXPENSES paid out of the estate, a “Richmond Factory” not further identified. Richmond County, GA was formed in 1777 (same year as Burke Co was formed) immediately north of Burke Co. so this could be some factory in Richmond County, or it could be in Richmond, VA perhaps, or elsewhere. There does not appear to be (or have been) a Richmond in Florida… Does this Richmond Factory ring any familiar bell for anyone? Each year for several years a sum around 60 (pounds?) was paid out to the factory according to the accounting.
– My main question, especially directed to Bud since I cannot locate the answer in my stuff from his former researcher Kathy Best, is: – Did we ever see the will and estate proceedings for Mary Cheesborough?
– That should state (1) whether or not she had any living heirs to inherit the estate from her father George; and (2) IF she did not have any heirs, then HER ESTATE PROCEEDINGS would be where we could find any info about any children of George’s brother Lewis in Virginia: they would have to then make a search for them, &/or list them, etc. That, of course is a big IF.
– (My secondary question is Why did it take so long for this to hit me?)
Presumably Mary died wherever she lived. Thus I have also just combed through the copies I made in Jackson Co, FL last week of George’s entire estate packet, to see where that may have been. Looks like it was Jackson Co, FL. She signed some of the receipts for proceeds of the crops of various years, in Marianna, which is in Jackson County, FL, and others just in Jackson Co. Wish I had thought of that while I was in the court house there, and could easily have at least hunted for her estate packet…
One slip of paper in George’s estate packet mentions the possibility of her having children. It is an 1845 “Return of John C. Poythress Executor of the last will of George Poythress Decd and trustee under the will of the property of Mary E. Cheeseborough & her children” which then lists the various years 1841-1844 for which John paid her receipts from the crops. This of course doesn’t let us know if she had any surviving heirs whenever she died.