Melancton Thigpen's will

144Melancton Thigpen's will¹

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	State of Georgia } In the name of God Emanuel County } Amen and Amen I Malanton Thigpen being of advance age, feeble in body, and of sound mind and disposing memory, viewing life as uncertain and death sure, do know that in a due course of nature I must shortly depart this life, and may do so in a very short time Deem it proper and right that I should make a disposi- tion of the property with which a kind Providence has blessed me with, do make this my last will and testament hereby revoking all other wills and testaments heretofore made
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Item 1st	I desire and direct that my body after death be buried in a decent and Christian like manner suitable to my circumstances in life -- my soul I trust will return to God who gave it
Item 2nd	I desire and direct that my wife Barbara Thigpen shall have and keep full and complete control during her natural life should she be the longest liver of all my stock of all kinds, consisting of Horses Hogs cows and sheep poultry of all kinds, and to have and keep full and undisputed control of my home tract of land together with all corn fodder hay potatoes and cotton and all other produce that may be on my farm at my death, together with all meats and breadstuff, and all my farming implements gear wagons carts sugar mill + Boilers and all and everything that may be on my plantation of my own at my death, and as to the house- hold and kitchen furniture that may be in my possession at my death I desire and direct that my beloved wife have the same to do as she may see proper with-- and she is hereby empowered to give it to any person or persons she may think proper and that said gift shall constitute a valid title to the same
Item 3rd	I desire and direct that after my death and the death of my beloved wife Barbara Thigpen that all my stock of Horse cows hogs and sheep together with
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	their increase, be equally divided between my sons viz: Richard Thigpen, Travis Thigpen, Daniel Thigpen William G. Thigpen, Lucien Thigpen.
Item 4th	I desire and direct that after the death of my wife Barbara Thigpen and myself that all my land consisting of Eight Hundred and seventy acres more or less to- gether with all the appurtenances thereunto belonging be equally divided between my sons as aforesaid but it is hereby understood and I so direct that my wife Barbara Thigpen shall have and keep complete control over all said lands if she be the longest liver during her natural life
Item 5th	I desire and direct that my girl chil- dren, Elizabeth McLemore[?] shall have out of my Estate the sum of two hundred dollars good and lawful money -- Eliza McLendon[?] shall have out of my Estate the sum of one hundred and fifty dollars good and lawful money Arlia Ann Odom shall out of my Estate the sum of ___ hundred dollars good and lawful money -- Sarah Ann Dame shall have out of my Estate the sum of one hundred and fifty dollars good and lawful money
Item 6th	I desire and direct that my two sons viz Travis Thigpen and William G. Thigpen be and they are hereby appointed Executors of this my last will + testament and they are hereby instructed to carry out in full the intent and meaning of this instrument to the letter, and
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	hereby direct that they as soon as this will is admitted to Probate in solemn form unless caveated to pay to my daughters above mentioned the amounts given to them by this will and testament out of money that will be left by me for that purpose
Item 7th	I desire and direct that all the foregoing will and testament shall be carried out in good faith by my two sons viz: Travis Thigpen and William G. Thigpen, and for myself I do declare that this will is made with my full knowledge, and that I am in the possession of my mental faculties and that I am not persuaded nor biased nor influenced by any motives or persuasions other than a desire to dispose of my property according to my own will and desire.
	In testimony of the same the said Malancton Thigpen hath this day set his hand and affixed his seal this the seventh day of October one thousands Eight hundred and seventy six.
	Signed and declared to be his last will and testament in presence of us Andrew J. Gillis D. H. Dunn J P Bell, N.P. Ex. O. J.P.	Malancton Thigpen
	The will of Malancton Thigpen being produced in open court for Probate in solemn form by the executors who have filed their petition to prove the same and the witnesses to said will, J. P. Bell, D. H. Dunn + A. J. Gillis having subscribed the following affidavit endorsed on said will.
	Sept Term of Emanuel court of ordinary: Comes into open court at the regular term of the court. J P Bell D H Dunn + A. J. Gillis + being duly swon depose that they saw Malancton Thigpen sign + publish the within as his last will + testament while of sound + disposing mind that they witnessed the same for him at his request + in the presence of each other + that the same was executed voluntarily by him on the day it purports to have been executed
	approved + sworn to before me this Sept 3rd 1877 J P Pughsley Ordy EC	J P Bell A. J. Gillis D. H. Dunn

Sources Cited:

1: Emanuel County, Georgia. Wills book B (1857-1907), pages 89-93. FamilySearch, <https://familysearch.org/pal:/MM9.3.1/TH-1942-30438-24396-57?cc=1999178&wc=9SBM-RMW:267654801,267762701> et seq., accessed 26 October 2021.