James B. Fitzgerald
Georgia Wilcox Co.
In the name of God amen, I James B. Fitzgerald
of said State & County being about to depart and enter into the Confederate Army
& knowing that if I am made to depart this life deem it right & proper, with due
respects my wife, brothers & sisters & property that I should make disposition
of the property with which a kind Providence have blessed me, do therefore make
this my last Will & Testament hereby revoking all others theretofore made by me.
First, I desire & direct that all my land &
stock be sold & my notes due me to which hereafter fall due be collect on the
event I depart this life before I return from the war.
Second, I desire & direct that my just debts
be first paid by my executor hereinafter appointed.
Third, I give & bequeath & devise to my
beloved wife Elizabeth the ful sum of three hundred dollars in lawful money
which is to be raised from the sale of my effects above and which sale is to be
immediately after my demise & the residue of my effects to be equally divided
between my brothers & sisters then living, share & share alike after all
expenses of sale and other incidental charges paid such as are just & right.
Fourth, I hereby constitute & appoint my
beloed Father executor of this my last will & Testament this April 30th
James B. Fitzgerald
Signed, seald delivered & published by James
B. Fitzgerald as his last wil & Testament in the presence of his subscribers who
subscribe our names hereto in the presence of said Testator & of each other this
30th day of April 1862
Georgia Wilcox County
Court of the Ordinary Oct Five 1862
Before me James W. Mashburn Ordinary of said
County came in person Miles Fitzgerald Executor of the last Will & Testament of
James B. Fitzgeral deceased & also the witnesses to said Will, Simon Stanley &
David E. Hunter who being duly sworn depose & say that they saw the said James
B. Fitzgerald sign seal, publish & declare the said instrument as his last Will
& Testament voluntarily & freely without compulsion & that they signed said will
as witnesses in the presence of James B. Fitzgerald & each other.
Sworn to & subscribed before me this October 5th
1862 James M. Mashburn Ordinary