Last Will and Testament of Martin Norton - 1840
Submitted by William A. Norton Posted June 22, 2002 by
Myrtle Norton Bridges
Fayette County, Georgia, July 16th, 1840. The will and testament of Martin Norton, Sen'r of the County and State
aforesaid being in bad health and being now of sound mind and of disposing memory do make this for disposing of
all my estates among my legal heirs of my first wife and also my present wife Lincy Norton, and our two children
had by her and to all jointly or severally. First he wills that after death hath passed ore his mortal body and
his Spirit returned to God who gave it that his body be neatly buried. He wills first that all legal demands be
paid off and all that may be due to him be collected by his legal representatives. He wills to his wife Lincy
Norton all the South side of Lot No 17 Seventeen in the fourth district of said County to the first branch which
is to make the dividing line through said lot of land and the said piece of land South of said branch to original
lines together with all that portion to the same and my gray pony mare also the said designated land and improvements
be for his wife and their Washington R. Norton & Mahala Norton a home to raise the children on and the said gray
mare for them to use and raise colts from during her life of widowhood and if she changes her state by marriage or
by departing this life it is his will that the two children Washington R. Norton and Mahala Norton be the owners of
said land & improvements and mare or her value if traded togather with the rents of said open lands to aid in
schooling and raising said children and in case one of them die the other is to share its part and in case both
should die before of legal age and Lincy marry or died then the whole of said land and mare must be sold and the
money to be equally divided with his first wife's children males and females. He wills to his wife Lincy a pided
white face cow and black heifer yearling and listed sow and pigs, two ewes and lambs, two beds furniture and
steds, wheel and cards and one table and further she is to [be] supplied and her two children also out of the
present crop a competency of corn and meat for another years provisions for her stock likewise he wills to the
possession and care of the remaining single children males and females free of rent for a home till the youngest
becomes of age all my home lands and improvements present part of stock and present part of crop not otherwise
disposed of to Lincy as above and provided his debts be all settled. Those who he designs may stay on his land
as above as long as they help cultivate the soil or keep house on it, but not intitled to any claims on the rest
till a proper time after they leave there till the final division.
Names as follows: Martin Norton, Jun. Honor Norton, Charity Norton, Huldy Norton and children Appy Norton, Jinkins
Norton, Ziba Norton, Hansel Norton, Sally Norton all those are intitled as above to stay together till a equal
division can take place and it is his will that five years be allowed to them, but if all is willing at anytime
and equal division can then take place after all those who have married off renders a true skedule of all they
have received at any time both the kind and value, then when all his now living children has so given in as above
had by his first wife, males and females married or single all demands being paid off first if any and reserving
also the sum of twenty-five dollars for Malinda Jackson his granddaughter the above sum to be paid her provided
she lives till she is of legal age and it is his will that James H. Norton and Martin Norton, Jun. be his legal
representatives to gard [guard] from any transfer or waist [waste] of any of his property till said division can
take place and if after all the children meets and renders in their skedule if they fail to make a division among
themselves to all their satisfaction in the case the whole of his property not otherwise disposed of must legally
be sold to make an equal division as above with all the now living set of children and what is particular set
forth in this will as stated to Lincy Norton and our two young children Washington R. Norton and Mahala Norton and
also Malinda Jackson their intire interest in the whole of my estate is entirely set forth and the division is with
all the rest as follows, James H. Norton, Rubin Norton, Martin Norton, Jr, Jinkins Norton, Ziba Norton, Sally Norton,
Hansel Norton, Polly Mullican, Vinity Mullican, Honor Norton, Huldy Norton, Charity Norton, Appy Norton and the
aforesaid mentioned division is intended in all his lands here or elsewhere as well as evverything else not otherwise
disposed of in this will. Read and assented to by Martin Norton, Sr. as witness his hand and seal this 18th day of
July 1840. [signed] Martin Norton [x his mark]. Test: G. P. parker and W. P. Parker. Executed and recorded the 15th
May 1855 by J. T. Ransom, DCC.
Martin Norton was in Richmond County in the 1800 census. He bought land in Fayette County, Georgia in 1827
Miles V. Norton & William G Norton bought land in Fayette Co., Ga. in 1830. A marriage bond for Martin Norton
and Amy Wallis is dated June 22, 1798 in Richmond Co. He married Lincey Walker Jan. 12, 1834 in Pike County, Ga.
Reuben Norton died April 13, 1880 in Richmond County, N.C. is thought to be the son of Martin Norton SR.
(Source: William A. Norton)
Last Will and Testament of James H. Norton - 1834
This will may be of James H., son of Martin Norton above. However this has not been proven.
State of Georgia, Spalding County. In the name of God, Last will and testament of James H. Norton resident of said
county and state. Item 1st - Intending this will to be final disposition of my estate I hereby revoke all wills heretofore
made by me.
Item 2nd - Being of advanced age and in feeble health, but of sound mind, I decree it right and proper both as
respects myself and family to make a disposition of the property with which a kind providence blessed me.
Item 3rd - I desi[g]n and direct a christian burial for my body at a suitable time after my decease, my soul I
commit to the care of a merciful God in hope of Salvation by faith in jesus Christ whom I have endeavored to
serve for many years of my past life.
Item 4th - I desin that all my just debts be paid without delay by executors hereinafter named that none of my creditors
may be delayed in their rights.
Item 5th - I give my Grandson John J. Norton fifty acres of land being that portion of lot No 27 in 1st District
of originally Munroe, now Spalding County and lying in the south east corner of said lot No 27 twenty-seven.
Item 6th - I give to my Daughter Martha A. Tankersly and hereby direct my executors hereinafter named to pay to her
or her legal representative at a reasonable time after my decease the sum of two hundred dollars out of any funds
arising from notes, sales of produce or sale of other personal property belonging to my estate.
Item 7th - I give to my four Daughters Elizabeth M. Norton, Rebecca Norton, Virginia C. Norton, and Lucy J.
Dewberry my homestead consisting of the following lots and [total of 350 acres described]. I also further
give to my said named daughters in this item for a home and maintenance all my real and personal estate in said
premises consisting of stock of all kinds, household and kitchen furniture, plantation tools and it is my desire
that the above named property be kept and held together for a home for my said four named daughters during their
natural life or while they remain unmarried. It is my desire and I hereby direct my executors in the event that
one of my daughters should marry and leave the place that they pay over to such one the sum of one hundred dollars
and if a second one marries then I direct that an equitable division of my whole estate named in item 7 be made
between all my children without reference to former advancements prior to the date of this instrument.
Item 8th - It is my wish and desire that my property remain in my family and be divided without being subject to
sale at public outcry. I therefore authorise and direct my executors hereinafter named to use their discretion so to
divide the property in this my last will and any other belonging to my estate or that may be regained in the future
that each child or their representative may have an equal share in what I am now or may hereafter be possessed.
Item 9th - I do hereby appoint my three sons, William M. Norton, Johnathan M. Norton and John H. Norton,
Executors to this my will.
In testimony whereof I have hereunto set my hand this 15th day of June 1834. James H. Norton (seal)
Signed and published by James H. Norton as his last will and testament, in our presence as witnesses thereto by his
request this 15th day of June 1834 [signed] J. R. Evans, G. H. Terrell and Wm. Blanton
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Copyright June 22, 2002