Source: # 0219573 Warren Co, Ga; 1798-1852 admr est/wills
Written: August 3 1831
Recorded: May 25 1832

The Last Will and Testament of Michel Cody deceased
Made 3rd Day of Augbust 1831

Georgia, Warren County} In the name of God Amen. I Michael Cody of this
county aforesaid being sick of body but of perfect mind and memory considering
the uncertainty of this life do make and ordain this my last will and
testament in manner and form following (viz) To God I commend my soul and my
Body to the Earth in Decent burial. And as regards my temporal estate or
matters I give will & bequeath in the following manner & form (to wit).

First} I wish all my just debts paid.

Second} I give my wife Rebecca during her life or widowhood one thousand thru
hundred & thirty five & one half acres of land including the Prior tract on
Big Brier Creek the ballance on the waters of said Creek whereon I now live
adjoining lands of Washington Hardaway Edmund Cody & others with the profits
and improvements thereunto being or belonging Forty-two Negroes (to Wit)
Armstead, George, Big Jack, Lewis, Jefferson, John, Rose, Anderson, Reddick,
Daniell, Jerry, Elbert, Grace, Philly, Abram, Reuben, Stephen, Rosetta,
Hannah, Richmond, Aggy, Eliza, Cynthia, Elias, Mary, Isham, Harry, Ailsey,
Martha, Maria, Lavinia, Isabel, Anthony, Sarah, Henry, Bet, Bob, Little Jack,
Garrison, Ellick, Emily, and Harrison John , with all their future increase
all my stock of horses, cows, hogs and sheep household furniture & kitchen
furniture every kind of Plantation tools one wagon two carts & a Riding
Carriage the Crop on hand. Stock of provisions, clock, watch, debts & money
legasies herein after mentioned & specify’d for her to pay and otherwise
execute this my will as far as in her power lies according to its true intent
and meaning.

Thirdly} I give my Grandson James Madison Gray one Negro girl named Liller
with her increase and one hundred dollars in cash to be diliver’d and paid
when he arrives to the age of twenty one years by my wife but if he dies
before he is twenty one years old I wish the legacy divided one third to my
Son Peter Cody one third to the children of my son James Cody and the other to
the children of my Daughter Elizabeth Neal.

Fourthly} I have already given my Daughter Elizabeth two Negroes with their
increase Jane & Haste and I now give her another Negro girl by the name of
Pats which is now in her possession also I give her four hundred & eighty nine
acres of land more or less on Big Brier Creek Adjoinging Lands of McMath Hodo
and others whereon he now lives with seven hundred dollars in cash to be paid
by my wife within two years after my Death, and after her death to her then
living children.

Fifthly} I give my son Peter Cody in trust for my son Green Cody two thousand
dollars to be paid by my wife in two years after my Death provided my said son
Peter shall give Bond & good security for his faithfull management of said
Legacy and give myh son Green the interest, lawfull for his annual support and
in extreme necessity a small sum of the principal and provided the same shall
not go in payment for any debts now owed and which may hereafter be contracted
by him my said son Green. Only in a moderate supposrt and if anything is left
of the principal or interest after the death of my said son Green Cody the
same shall be divided one third to my said son Peter Cody one third to the
children of my son James Cody and the ballance to my Daughter Elizabeth Neal
and provided also. If my son Peter shall decline or refuse to accept the
above appointment then the Court of Ordinary may appoint some suitable person
in his stead.

Sixthly} I give my son Michael M. Cody one fourth part of all the property
left my wife to be deliver’d when he is twenty one years of age as follows. I
wish his mother to have him liberally Educated out of the proceeds of the
property and when he is of this age aforesaid I wish the Court of Ordinary to
appoint three or more suitable persons to go upon the Premises veiw the
property and whatever can be conveniently spar’d not to extend to one fourth
to be appraises and set over to him at the appraised vallue then after making
a like provision for my Daughter Louisa Amanda Cody when she marries or comes
of age and my son Jeptha M. Cody and Madison D. Cody and after the death of
their mother the whole ballance to be equally divided among myu four last
mentioned children and if either of them die before they marry or come of age
I wish the surviving child or children of the four last mentioned have their
legacy equally divided among them. I wish the commissioners the Court may
appoint always to leave the undivided Property Sufficient to make losses good
of my wife marries or dies I wish Guardian appoint’d for any Children and the
property equally divided. I wish my wife permitted to make such trade of any
thing except the Land & Negroes she may think to be beneficial to all concer’d
and for my wife to be at liberty to give my Oldest Set of Children or Grand
Children what she in her judgement may see fit to give.

Seventhly} I likewise appoint my son Peter Cody with my wife Rebecca Cody
Executor and Executrix to this my last will & testament revoking all other
wills by one made Pronouncing this and no other to be my last will & testament.

Michael Cody (his Mark)
Sign’d seal’d & acknowledge’d in presence of kus who in the presence of each
other had hereunto set our names this the third day of eighteen hundred &
thirty one.

Drury A. McCullers, Ezekiel Hillman, William Castleberry

Georgia Warren Count May 7th 1832}

You Drury A. McClullers, Ezekiel Hillman & William Castleberry do Swear that
you saw Michael Cody The testator sign (by making his mark) publish & declare
this Instrument of writing as his last will & testament that at the time of
his so doing he was (in your opinion) and disposing memory that he did it
freely without compulsion. So help you God.

William Castleberry, Ezekiel Hillman, Drukry A. McCullers
Test T. Franklin, Clerk Recorded May 25th 1832 by T. Franklin Clerk C O W C
{Probate in all cases annex’d to the Original}

[Warren County GaArchives Wills…..Michael Cody August 3 1831]