George Conly’s last Will & Testament and Proof of Will, filed July 7, 1856 by Thos Ward, clerk.

In the name of God amen. I George Conly of the county of Yalobusha in the State of Mississippi being of sound mind and memory do make ordain and publish this to be my last will and testament.

Item 1st

My funeral and testamentary expenses including those of my last illness are first to be paid, and then all my lawfull and just debts. all provisions on hand at my decease are to be consumed by use by my family and on my plantation without being carried into inventory or account by my Executor

I give and bequeath and devise to my wife Elizabeth for and during the term of her natural life the following described property.

My plantation lying and being in said county of Yalobusha and State aforesaid to wit the South alf of Section twenty six, North half East Half South East quarter of Section twenty seven, West half North East quarter West half South East quarter South half East half South East quarter of Section twenty Seven, East half South West quarter of Section twenty three East half North West quarter of Section twenty Six and the East half North East quarter of Section thirty four all in Township twenty two and Range Seven East, containing six hundred and forty acres more or less, also twenty one Slaves to wit: Ause a man Sixty eight years of age Jim Sixty Five Fanny Sixty six Susan fifty one Burrel twenty four Lida, nineteen and her child Harriet one year Talbert seventeen Fountain Sixteen Jessee thirteen Joshua ten Claunder forty four Dave twenty two Jack nineteen Margaret fifteen Ann twelve Harriet thirty eight Matilda thirty six Bill twenty eight Charles thirty and Phillip thirty eight years of age with the future increase of the females of said slaves, also all of the stock of the place consisting of cows hogs sheep work oxen horses & mules waggons one carriage, tools of every description and all of the house hold and Kitchen furniture, but this devise and bequest are subject to the following conditions to wit: the plantation Negroes Stock horses and mules, wagons tools of every description and the house hold and Kitchen furniture as above described are to be under the control of my Executor to be by him Kept together and employed and managed to the best advantage for the comfortable support of my said of my said wife Elizabeth during her natural life her expenses with the expenses of the plantation are to be annually paid out of the proceeds of the crops made on the place the surplus if any are to be equally divided & paid to my heirs annually of which an account is to be kept and each one charged with the amount paid him.

I give and bequeath to my son Middleton a negroe girl named Martha about Seventeen years of age and her child Matilda about Six months old with her future increase

I give and bequeath to my son John a negroe girl named Frances about eighteen years of age and her two children Lavinia about two years and Thomas about two months old with her future increase

I give and bequeath to my son George W. a negroe boy named Bill George about ten years of age and a girl named Mary about twenty years of age with her future increase

At the decease of my said wife Elizabeth then and thereupon the realty and personalty herein bequeathed and devised to her for and during the term of her natural life are to be disposed as follows to wit: the personal property is all to be sold except the negroes. It is my wish that the negroes remain in the family and not sold out of it the real estate is also to be sold except ten acres surrounding and including the grave yard to be marked out by my Executor which is to remain under his control and in his possession to be used as a burying ground for my family during his life and at his death to remain in the possession and under the control of my descendants forever.

The proceeds of the property sold and the negroes are to be equally divided among my heirs. Share and Share alike those who have had money and property given them are to be charged with it without interest, and the property herein given to my three sons Middleton John and George are to be valued and they charged with the amounts without interest making the amounts that each one shall receive on the final settlement of my estate equal

To aid my Executor in making out his account I will here insert what I have heretofore given my children. I have given to my son William E at different times about five hundred dollars in cash. I have given to my daughter Ann E a negroe worth about five hundred dollars and one hundred and fifty dollars in cash. I have given to my daughter Mary E. two hundred dollars in cash and I have given my son George W. one hundred and fifty dollars in cash and a horse worth about sixty dollars.

I nominate and appoint my son George W. Executor of this my last will and Testament and of him I require no Security. In witness whereof I hereto set my name and seal this the Sixth day of May A. D. one thousand eight hundred and fifty-six.

George Conly (seal)

Signed Sealed and published by the testator as and for his last will and Testament in our presence at his request and in the presence of each other and so by us witnessed on the day of the date thereof

James R. Cooley

J. C. James

L. C. Lee

Attending Physician

The State of Mississippi

Yalobusha County

In the Probate Court of said county

At the July Term A D 1856 thereof

In the matter of a certain instrument of writing purporting to be the last will and testament of George Conly deceased.

Be it remembered that at a term of the Probate court of the county of Yalobusha in the State aforesaid begun and held at the court house in and for said county on the first Monday in July in the year of our Lord one thousand eight hundred and fifty Six personally appeared in open court James R. Cooley John C James and L. C. Lee subscribing witnesses to a certain instrument of writing purporting to be the last will and testament of George Conly late of said county deceased bearing date the Sixth day of May A D 1856 who having first been duly sworn deposed and said that said George Conly signed sealed published and declared said instrument as his last will and testament in the presence of these deponents on the day & year last aforesaid that said testator was then of sound disposing mind and memory and more than twenty one years of age and that these deponents subscribed said instrument as witnesses thereto, at the instance and request and in the presence of said testator and also in the presence of each other on the day and year aforesaid to wit the 6th day of May 1856.

Sworn to & subscribed in open court the 7th day of July AD 1856

Thos Ward Clk