Slaves in the Will of Job Callaway
Dec. 2nd, 2019 06:34 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
dee_burrisJob Calloway's will recorded in Wilkes Co, GA Will Book 1806-1808, pgs 81-8:
"Georgia Wilkes County - In the name of God Amen Job Callaway of the county and State aforesaid being in sound mind and memory do hereby make this my last will and Testament revoking and disannulling all others made by me heretofore.
First I give my beloved wife Mary Callaway during her natural life my Negro man named Will and his wife Luce, my Negro man Sam and his wife Dinah my Negro man Gabe my Negro man Solomon My Negro woman named Crease My Negro woman big-Dole My Negro woman Abby my Negro boy Ted my negro boy Huson and my Negro boy Bill, one third of my sheep cattle and Hogs and one third of my Household and Kitchen furniture and one third of my plantation Tools and her choice of one of My Horses or mares I may die possessed of Likewise my dwelling House and all other Houses of the Plantation I live on with one third of the plantation and orchard.
Secondly I give and bequeath to my son Jacob Callaway the plantation and Tract of Land whereon he now liveth containing Five Hundred and fifty Eight Acres agreeable to a plot and survey made by Sanders Walker and which is annexed to this my will with the Negroes Jack, Talbot, Carol and h is child Henry to him his Heirs and assigns Likewise my Negro man named Solomon after my wifes death to him his heirs and assigns.
Thirdly I give and bequeath to my son Joseph Calley [sic-Callaway] all that tract or parcel of Land where on he now liveth containing five Hundred and fifty five [forty is written above the word fifty with fifty being crossed out] Acres agreeable to a plot and survey made by Sanders Walker and annexed to this my will the Negros Mark, Dave, Spencer and Rachell likewise my Negro man Gabriel after my wife's death.
Fourthly I give and bequeath to my son Job Callaway all that Tract or Parcel of Land on which he now liveth containing six hundred and fourteen Acres agreeable to a plot and survey made by Sanders Walker and annex ed with this will with the Negroes Sam, Charity, Silvey and his child Mintal and after my wife's death my Negro boy Bill to him his Heirs and assigns forever.
Fifthly I give and bequeath to my son Joshua Callaway all that tract or parcel of Land on which he now liveth containing six Hundred and sixty=s ix Acres agreeable to a plot and survey made by Sanders Walker and annexed to this will with the Negroes Noses, Nelson, Beck, and Tom and after my wife's Death my Negro boy Fred to him his heir and assigns.
Sixthly I give and bequeath to my son Isaac Callaway Two thirds of the Tract or parcel of Land in which I now live and on the death of my wife Mary Callaway the remaining third the whole Tract containing Five Hundred and Ninety-five acres agreeable to a plot and survey made by Sanders Walker and annexed to this my will also two hundred acres granted to John White and purchased of him by Sanders Walker and purchased by sons of Sanders Walker adjoining my home Tract with my two (b?)est Stills the casks and implements thereunto belonging with them Negros Mike, Sealey, Harvey and Ms [the word Ms has a circle around it] and after my wife's death my Negro man named Sam to him his heirs and assigns.
Seventhly My will is that If my wife Mary Callaway and my son Isaac Callaway cannot agree to a division of the Land agreeable to like intent of this my will that my Executors my sons Joseph Callaway and Job Callaway shall make such division which Shall be binding On the parties.
Eighthly I give and bequeath to my daughter Unice Griffin Five Negroes a Negro woman named Luce and her child Lewis, Stephen, Patience and Milly and after the death of my wife my Negro woman known by the name of Big-Dole to her heirs and assigns.
Ninthly I do make our and bequeath in Trust to my sons Joseph and Job Callaway all that had a parcel of Land containing Two-Hundred Acres which I purchased of Isaac Miligan and on which Wm. Park now liveth to be by them the said Joseph Callaway and Job Callaway Disposed of in the manner following, Viz. The use profits and emoluments thereof to be applied towards and fir the maintenance of my daughter Mary Parks and Her Children during her natural [life] and at their option to live on and keep possession of said Land during her natural Lifetime But she is by no means nor shall any person claiming said Land sell or Lease in virtue of her life Estate there to but by the consent and advice of said Trustees above named first have under their hands in writing with the Negro woman Called little Dole Joseph and Nancy Crite and Cato and after the death of my wife my Negro woman named Luce and at the decease of my daughter Nary Parks I do bequeath the above named Luce and Negroes with their issue to the Lawful Heirs of my said daughter Mary Parks that is her children born of her body and come to lawful age and if she should have no children that may arrive to lawful age then said Luce and Negroes to be sold and the amount of such sale to be equally divided amongst my remaining children and descendants.
10thly For the residue and remainder of all and every kind of my Estate it is my will that after my debts are Paid my Executors call on three a more reasonable Householder of the neighborhood who shall according to their skill and Judgment appraise and Value all such remaining property not divided which property so appraised and valued shall be divided in seven Lotts if such division can be made any wise practicable after which the Lotts to by seniority by my children and the Lott that falls to the Heirs of my daughter Mary Parks is to be put into the Hands of my Executors in trust to be managed to the best advantage to be disposed of i n the Same manner as the Land and Negroes for the support of my said daughter Mary Parks during her Life and at her decease to go to her Heirs coming to Lawful age.
Eleventhly This my will is that all that property divided to my wife during her life be at her death be appraised in the same manner at that property ordered to be appraised at my death and that it be divided and disposed of in the same manner this is one seventh to my son Joseph one seventh to my son Job One Seventh to my son Joshua One Seventh to my son Isaac One Seventh to my daughter Unicy Griffin and One Seventh to remain in the hands of my Executors for the Heirs of my daughter Mary Parks to be managed as a bon mentioned.
Twelfthly And it is my further will desire that If any doubts or misunderstand airs in the construction or intention of this my will that the Parties doubting or disagreeing shall choose two men of Judgment which t[?] women shall choose a third a majority which thou shall divide on the premises which division so made and subscribed under their Hands and Seals of said arbitrators shall be binding as If done in any court of Justice and for the carrying into Effect.
this my last will and Testament I do appoint my beloved wife Mary Callaway Executor and my sons Joseph Callaway and Job Callaway Executors.
In Witness whereof I have hereunto set my Hand and affixed my seal this 15th day of February Eighteen Hundred and three.
Signed and Sealed
In Presence of Job Callaway Senr, {seal}
Thos McLaughlin
Johnson Wellborn
Adam (his X mark) Lovin
Personally appeared in Open Court Thos McLaughlin, Johnson Wellborn and Adam Lovin the subscribing witnesses to the within will and being duly sworn saith that they saw Job Callaway Senr. Seal Publish and declare the within Instrument of writing to be his last will and Testament and at the time of his so doing he was of sound mind and memory and that Wm Wilborn and John Lovin heard him acknowledge the same to be his last will.
Sworn to in Open Court Thomas McLaughlin
this 5th March 1804 Johnson Wellborn
Da Terrell C Cords Adam [hisXmark] Lovin
Recorded July 28th 1805
It's kind of amazing to me that Job continued to "own" the slaves in his will, down through the next generation.
He was 1) presuming people with black skin would always be slaves; and 2) that they would outlive the people to whom they had been willed, in a time when the lash flayed black skin regularly, and food and housing were lousy.
However, mining probate records is one way to help people descended from those slaves to find their ancestors.
"Georgia Wilkes County - In the name of God Amen Job Callaway of the county and State aforesaid being in sound mind and memory do hereby make this my last will and Testament revoking and disannulling all others made by me heretofore.
First I give my beloved wife Mary Callaway during her natural life my Negro man named Will and his wife Luce, my Negro man Sam and his wife Dinah my Negro man Gabe my Negro man Solomon My Negro woman named Crease My Negro woman big-Dole My Negro woman Abby my Negro boy Ted my negro boy Huson and my Negro boy Bill, one third of my sheep cattle and Hogs and one third of my Household and Kitchen furniture and one third of my plantation Tools and her choice of one of My Horses or mares I may die possessed of Likewise my dwelling House and all other Houses of the Plantation I live on with one third of the plantation and orchard.
Secondly I give and bequeath to my son Jacob Callaway the plantation and Tract of Land whereon he now liveth containing Five Hundred and fifty Eight Acres agreeable to a plot and survey made by Sanders Walker and which is annexed to this my will with the Negroes Jack, Talbot, Carol and h is child Henry to him his Heirs and assigns Likewise my Negro man named Solomon after my wifes death to him his heirs and assigns.
Thirdly I give and bequeath to my son Joseph Calley [sic-Callaway] all that tract or parcel of Land where on he now liveth containing five Hundred and fifty five [forty is written above the word fifty with fifty being crossed out] Acres agreeable to a plot and survey made by Sanders Walker and annexed to this my will the Negros Mark, Dave, Spencer and Rachell likewise my Negro man Gabriel after my wife's death.
Fourthly I give and bequeath to my son Job Callaway all that Tract or Parcel of Land on which he now liveth containing six hundred and fourteen Acres agreeable to a plot and survey made by Sanders Walker and annex ed with this will with the Negroes Sam, Charity, Silvey and his child Mintal and after my wife's death my Negro boy Bill to him his Heirs and assigns forever.
Fifthly I give and bequeath to my son Joshua Callaway all that tract or parcel of Land on which he now liveth containing six Hundred and sixty=s ix Acres agreeable to a plot and survey made by Sanders Walker and annexed to this will with the Negroes Noses, Nelson, Beck, and Tom and after my wife's Death my Negro boy Fred to him his heir and assigns.
Sixthly I give and bequeath to my son Isaac Callaway Two thirds of the Tract or parcel of Land in which I now live and on the death of my wife Mary Callaway the remaining third the whole Tract containing Five Hundred and Ninety-five acres agreeable to a plot and survey made by Sanders Walker and annexed to this my will also two hundred acres granted to John White and purchased of him by Sanders Walker and purchased by sons of Sanders Walker adjoining my home Tract with my two (b?)est Stills the casks and implements thereunto belonging with them Negros Mike, Sealey, Harvey and Ms [the word Ms has a circle around it] and after my wife's death my Negro man named Sam to him his heirs and assigns.
Seventhly My will is that If my wife Mary Callaway and my son Isaac Callaway cannot agree to a division of the Land agreeable to like intent of this my will that my Executors my sons Joseph Callaway and Job Callaway shall make such division which Shall be binding On the parties.
Eighthly I give and bequeath to my daughter Unice Griffin Five Negroes a Negro woman named Luce and her child Lewis, Stephen, Patience and Milly and after the death of my wife my Negro woman known by the name of Big-Dole to her heirs and assigns.
Ninthly I do make our and bequeath in Trust to my sons Joseph and Job Callaway all that had a parcel of Land containing Two-Hundred Acres which I purchased of Isaac Miligan and on which Wm. Park now liveth to be by them the said Joseph Callaway and Job Callaway Disposed of in the manner following, Viz. The use profits and emoluments thereof to be applied towards and fir the maintenance of my daughter Mary Parks and Her Children during her natural [life] and at their option to live on and keep possession of said Land during her natural Lifetime But she is by no means nor shall any person claiming said Land sell or Lease in virtue of her life Estate there to but by the consent and advice of said Trustees above named first have under their hands in writing with the Negro woman Called little Dole Joseph and Nancy Crite and Cato and after the death of my wife my Negro woman named Luce and at the decease of my daughter Nary Parks I do bequeath the above named Luce and Negroes with their issue to the Lawful Heirs of my said daughter Mary Parks that is her children born of her body and come to lawful age and if she should have no children that may arrive to lawful age then said Luce and Negroes to be sold and the amount of such sale to be equally divided amongst my remaining children and descendants.
10thly For the residue and remainder of all and every kind of my Estate it is my will that after my debts are Paid my Executors call on three a more reasonable Householder of the neighborhood who shall according to their skill and Judgment appraise and Value all such remaining property not divided which property so appraised and valued shall be divided in seven Lotts if such division can be made any wise practicable after which the Lotts to by seniority by my children and the Lott that falls to the Heirs of my daughter Mary Parks is to be put into the Hands of my Executors in trust to be managed to the best advantage to be disposed of i n the Same manner as the Land and Negroes for the support of my said daughter Mary Parks during her Life and at her decease to go to her Heirs coming to Lawful age.
Eleventhly This my will is that all that property divided to my wife during her life be at her death be appraised in the same manner at that property ordered to be appraised at my death and that it be divided and disposed of in the same manner this is one seventh to my son Joseph one seventh to my son Job One Seventh to my son Joshua One Seventh to my son Isaac One Seventh to my daughter Unicy Griffin and One Seventh to remain in the hands of my Executors for the Heirs of my daughter Mary Parks to be managed as a bon mentioned.
Twelfthly And it is my further will desire that If any doubts or misunderstand airs in the construction or intention of this my will that the Parties doubting or disagreeing shall choose two men of Judgment which t[?] women shall choose a third a majority which thou shall divide on the premises which division so made and subscribed under their Hands and Seals of said arbitrators shall be binding as If done in any court of Justice and for the carrying into Effect.
this my last will and Testament I do appoint my beloved wife Mary Callaway Executor and my sons Joseph Callaway and Job Callaway Executors.
In Witness whereof I have hereunto set my Hand and affixed my seal this 15th day of February Eighteen Hundred and three.
Signed and Sealed
In Presence of Job Callaway Senr, {seal}
Thos McLaughlin
Johnson Wellborn
Adam (his X mark) Lovin
Personally appeared in Open Court Thos McLaughlin, Johnson Wellborn and Adam Lovin the subscribing witnesses to the within will and being duly sworn saith that they saw Job Callaway Senr. Seal Publish and declare the within Instrument of writing to be his last will and Testament and at the time of his so doing he was of sound mind and memory and that Wm Wilborn and John Lovin heard him acknowledge the same to be his last will.
Sworn to in Open Court Thomas McLaughlin
this 5th March 1804 Johnson Wellborn
Da Terrell C Cords Adam [hisXmark] Lovin
Recorded July 28th 1805
It's kind of amazing to me that Job continued to "own" the slaves in his will, down through the next generation.
He was 1) presuming people with black skin would always be slaves; and 2) that they would outlive the people to whom they had been willed, in a time when the lash flayed black skin regularly, and food and housing were lousy.
However, mining probate records is one way to help people descended from those slaves to find their ancestors.
no subject
Date: 2019-12-03 02:49 pm (UTC)no subject
Date: 2019-12-03 03:16 pm (UTC)Peter/Elyzabeth
Peter Callaway/Sarah
Thomas Callaway/Elizabeth Woodson
Thomas Callaway/Charity Cherry
John ST Callaway/Amy Stamps
Nathaniel Callaway/Julia Ann Wingfield
Julia Ann Callaway/Jasper Monroe Herrington
Louise Herrington/GW Burris, Jr.
My dad
Me
Peter Callaway was born in 1638 in Stepney Parish, Somerset, England. His parents were Joseph Edmund Callaway/Catherine Elizabeth Windley. Joseph was born about 1620 in Cornwall. His parents were Joshua William Callaway/Elizabeth Stepney - they immigrated to Virginia Colony and both died there in 1642 in their 40s. It must have been rough in the new colony.
Joshua William Callaway's parents were Thomas Callaway/Christian Harrye, both born in Cornwall in 1575 and 1577, respectively. Thomas Callaway's parents were Thomas Callaway and Julian Adames, both born in Cornwall in 1555 and 1558, respectively.
That's as far back as I can go. I have DNA tests registered at both Ancestry and Family Tree DNA (FTDNA).