Georgia
Putnam County
I, Thomas Head, of said State and County, being of sound mind and memory and in good bodily health but impressed with the shortness of life and the absolute certainty of death do make and ordain this my last will and testament, hereby revoking all wills and testaments by me heretofore made.
At my death I commit my body to the dust whence it came to be buried in a decent and Christianlike manner and my Spirit to God who gave it.
Item First - To my beloved wife Sarah Head, I devise and bequeath the following property, Lot of land number Two hundred and thirty-nine which I now hold subject to a claim of dower (which if extinquished by me in my life I wish to follow the disposition herein made of the residue) of said Lot; also Lot Number Two hundred and Forty and all that part of Lot Number Two Hundred and Forty one which is adjoining No. 240 and on the same side of Cedar Bend Creek, all of said lands situate lying and being in the Fourteenth District of Originally Baldwin, now Putnam County, to have and to hold the said lands to her own proper use and the uses herein after set forth and during the natural life or widowhood of her my said wife.
I bequeath to my said wife the following named negroes, that is to say, Sam and Rose, Kit and Sally, Delila and Mary, Charity, Fanny, Lida, and Umphery, for the and during her life or widowhood to be held by her to her own proper use and the uses hereafter specified. I further give to my said wife such part or portion of the stock, provisions, farming utensils, household and kitchen furniture which I may die possessed, as she may think mindful and choose for the purposes hereafter named to be held by her during her life or widowhood to her own proper uses and the uses following, that is to say, it is my will that the said lands in this clause mentioned be not rented out and not worked or used by anyone except my wife during her natural life or widowhood with hands as she may have control of and that with the proceeds of the lands, negroes, and other property by this clause devised and bequeathed she shall support and educate the children (also my Grandchild hereinafter named if it shall remain with her under her direction and guardianship) till they and each of them shall arrive respectively to the age of twenty-one or marry, at which time she shall divide off to each of my own children respectively an equal distributive share of said stock, farming utensils, household and kitchen furniture.
I wish the woodland and timber on the land in this clause named not to be wasted nor needlessly cut down. At the death of my said wife or on her marriage I give and bequeath the lands hereinbefore described to my youngest daughter Artemesia to have and to hold during her natural life and at her death to go to the child or children of her body living at the time of her death to them and their heirs forever in fee simple. If however my said daughter Artemesia should survive my wife or the period of her intermarriage or widowhood and then die without child or children issue of her body living at the time of her death, then said lands to go to my surviving child or children as may be them in life to be equally divided between them, the representative or representatives of a child or children to stand instead of them or its parents all to take and hold said lands in the same manner and subject to the like restrictions imposed on the legacy of my children herein after respectively set forth.
Item Second - The residue of stock, provisions, farming utensils, household and kitchen furniture left after my wife shall have made her choice and reservation I wish to be sold on terms most advantageous and the proceeds to follow the dispositions hereinafter made of the residue of my estate by the residuary clause. And as to the negroes given to my wife my will is that they with the stock and other perishable property she may choose and take at her death or intermaarriage shall go together with their increase to my OWN CHILDREN then living and the representative or representatives of a child or children of mine to be equally divided between them the representative or representatives to take the share its parent would be entitled to, to have and to hold the same in like manner and subject to the restrictions imposed on the legacies hereinafter specified and given to my children named and if my said daughter Artemesia should not survive the period of my said wife's death or marriage then the said lands devised to my wife for life or widowhood shall go to and be divided between my surviving children in the way and on the terms and restrictions presecribed in disposing of the negroes herein bequeathed to my said wife, the representative always standing instead of the deceased parent.
Item Third - To my daugher Sara Ann Head, I give and bequeath the following property to-wit; the Vincent tract of land containing two hundred and seven acres more or less and also that tract of land I now own joining the said Vincent place and between it and the Thornton tract, also the following negroes, to-wit; Abram, Sophy, Sereny, Cely, and John, Simon and Caroline, Sucky and Squire, to have and to hold said land and negroes during her life then to such child and children equally to be divided between them as may be living at the time of her death the issue of her body, to them and their heirs forever, if however she should die without issue living at the time of her death, then said land and negroes to go to between those of my children and the representatives of a deceased child or children that may survive her, to them and their heirs forever equally to be divided to my child or children surviving shall take and hold the same in the way and on the terms and limitations imposed on their respective legacies herein specifically given but the respresentative of a deceased child or children shall take absolutely in such event.
Item Fourth - To my daughter Lucy Ann Head, I give and bequeath the following property to-wit; the residue of the land I bought of Leroy Napier of deductions of those parcels herein before specified and given to others of my legatees also all that part of Lot Number Two Hundred and Forty-One, which lies on the Southside of Cedar Bend Creek all situate lying and being in the Fourteenth District of orginially Baldwin now Putnam County, I also give to her the following negroes to-wit; Mitts, Polly and Kissy, James and Martha and Henry, Miles, Lonza and Godfrey, to have and to hold said land and negroes during the natural life of her the said Lucy Ann and at her death I give the said land and negroes to the child or children issue of her body living at the time of death equally to be divided between them, to them and their heirs forever. If however she should die without leaving such child or children living at the time of her death the said land and negroes to go to and be divided between my children that may survive her and to the surviving respresentative or respresentatives of such of my child or children as may then be dead between them equally to be divided. The representative or representatives so specified to take to them and their heirs forever, but the child or children of mine then surviving then to take and hold in the like manner and on the terms and limitations imposed herein on their respective legacies.
Item Fifth - To my daughter Artmesia Head, I bequeath in addition to what has heretofore been specified the following negroes to-wit; Seaborn and Merit, Indy and Almanie, Dick and Aleck, Harriet and Mary Ann and Chloe for and during her natural life and at her death to go to the issue the child or children of her body, living at the time of her death to them and their heirs forever. And if my said daughter Artemesia should die without issue living, that is a child at the time of her death then I desire and direct that said negroes given to her for life shall then be in line and the surviving representative or representatives of a deceased child of mine the said representative so surviving to take them and their heirs forever but my said surviving child or children to take and hold in like manner and under life limitations and restrictions with those imposed on their respective elgacies specificially given.
Item Sixth - I give and bequeath to my Granddaughter Martha T. Head the following negroes to-wit; Lethy and her child Ross, Tiletha and Peter and Violet, for and during her natural life and at her death to go to such child or childrren issue of her body as she may then have living at the time of her death to him or them and their heirs foever. If my Granddaughter Marth should die without such child or children living at the time of her death the said negroes bequeathed to her shall go to and be equally divided between those of my children that may survive her and to the surviving representative or representatives of a DECEASED CHILD OF MINE, my said surviving child to take the same on the limitations and restrictions placed on his respective legacy heretofore and hereby given, the representatives however shall take absolutely to them and their heirs forever. I also give my said Granddaughter her support and education in the way specified in the first clause of this my will provided on the condidtion that she shall REMAIN WITH MY WIFE AS HER GUARDIAN otherwise she shall have nothing for her support or education other than her specific legacy.
Item Seventh - By word representative, I mean the child or children of my child or children in limiting over the portions respectively in case of death of one of my legatees, it not my wish that my granddaughter Marth Head, should not come in or take at all either as a child or the representative of a child I have provided for her in the Sixth Clause.
Item Eighth - All the residue of my estate not herein specifically divided and bequeathed after paying all necessary expenses of excuting my will, I wish to be equally divided between my three children herein named and SUCH OTHERS as may be living at my death and their representative or representatives of a DECEASED CHILD except my Granddaughter Martha Head, the representative in this and all cases to get parents portion, whether the residue consists of money, notes, accounts or other property, I make that disposition of it the surviving children and the representatives of a deceased child or children who take under this clause shall hold and take under the limitations and on the terms imposed on each respective legacy of theris. It is my will never the less that if a child should be born to me of my wife after executing this my will that he or she should come in for an equal share of my estate to be taken from each ones portion provided each child shall be living at my death and shall take and hold it on the same terms and limitations and like restrictions imposed on each of my children named. It is my intention that in all cases the increase shall follow the disposition of the specified property, It is also my will that whenever a division shall be called for by my will, my Executors and Execturix shall nominate five discrete persons to make it, whose report, when made, shall be final.
Lastly - I nominate and appoint my wife Sarah Head and my friends William Pearson and Mark A. Cooper my Executrix and Executors to carry into effect this my last Will and Testament.
In witness whereof, I have hereunto set my hand and seal this 9th day of August 1832 in presence of
Thomas Head (Seal)
Jerimah Clark
Joel Branham
John S. Randle

(Putnam County, Georgia Will Book B, Folio 213-217)