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Last Will & Testament of Thomas H. Austin
DeKalb County Georgia Original Wills - Folder "A"

Welch-Houston Genealogy
email  Mike Welch



In the name of God Amen.  I Thomas Austin being afflicted in body but of vigorous mind but calling to remberance (sic - remembrance) that it is appointed unto once to die do ordain and make this my last will and testament in the following manner.

1st  -  All my property both real and personal I leave to my beloved wife Susan Austin during her natural life.  It is also my wish that my son Nathaniel H. Austin should remain on my premises and manage the affairs and conduct the farm as heretofore and not to leave his mother during her life provided he be the longest liver, and in conjunction with his mother to manage the affairs of the estate prudently and equinomically (sic - economically).

2nd  -  At the commencement of each year my will is than my wife Susan Austin, Nathaniel H. Austin, John C. Austin, and Joel Adkins (sic - Atkins) should consult together, and determine how the next crop should be divided between my wife Susan Austin and my son Nathaniel H. Austin.

3rd  -  Should the stock of any kind increase to an extent more than is necessary on the farm or for the family my will is that it be disposed of in a proper manner and the proceeds appropriated to the use of the family.

4th  -  At the death of my wife Susan Austin and after her funeral expenses and all other just debts are paid my will is that a fair and equal division be made of all the property then belonging to the estate between my five children (?), John C Austin, Nancy Atwood, William A. Austin, Mary Atkins, and Nathaniel H. Austin and their children.

In as much as there will be a double portion on trouble an my son Nathaniel H. Austin in taking charge of his mother and the concerns of the family and farm my will is that he be liberally compensated for his trouble and in case of disagreement between him the said Nathaniel H. Austin, and John C. Austin, and Joel Atkins when in consultation with regard to what he shall receive for his service in that case my will is that two disinterested persons be called and if they disagree for them to call a third disinterested individual and they determine what his wages should be.

Signed and sealed in the presence of this March the 11th in the year of our Lord 1851.
(Initials)  Thomas Austin
(s)  Joseph Walker
(s)  William R. Ayers
(s)  Daniel J. Ayers

DeKalb Court of Ordinary February Term 1857 personally approves in open court Joseph Walker and William Ayers who being duly sworn saith that they saw Thomas Austin sign seal publish and declare the within to be his last will an testament the within testator was of sound disposing mind and memory at the time and that they each subscribe of the same as witnesses in the presence of each other and at the testators special request and that they saw Daniel J. Ayers do so likewise so help me God.
(s)  Joseph Walker
(s)  W. R. Ayers

Sworn to and subscribed before me in open court February 2, 1852.
(s)  Alexa. Johnson, Ordinary

The last will and testament of Thomas Austin having been regularly proven at the February Term (1852) of the court by the affidavits of Joseph Walker and William R. Ayers it is therefore ordered that the same be admitted to record Feb. 2nd 1852.


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