Living in the Past: Francis H. Cone’s will, 37 slaves named

This post is part of an ongoing project to record names of enslaved people of Greene County, Georgia I find in historical records.

Francis H. Cone’s Will

Georgia, Greene County. I, Francis H. Cone, of the County and State aforesaid, being in feeble health, but in full possession of my mental facilities, do make, ordain, and publish this my last Will and Testament, as follows.

First. I give to my son Theodore C. Cone, in trust, to and for the sole and separate use of his wife Hattie Cone, and for the support and education of their present child, Francis, and such other children as may be born of the marriage, the following negroes, Jacob, a blacksmith, Dick, a man and Harriet his wife and their children Anna, Emma, and Eliza, Abram a man and Nancy his wife, and their children Tempe, Evilina, Augustus and an infant name not known and Frank a man, and all the future increase of said negroes and neither the same Trustee nor Cestui give trust nor both shall possess any power to charge said property with the payment of any debt whatsoever, or to encounter the same, nor to sell or otherwise dispose of the same, but the said Theodore C. Cone, as Trustee aforesaid shall hold said property for the uses and purposes aforesaid, during the continuance of the marriage, and if the coverture shall be determined by the death of the said Theodore C. then said property is to be held in trust by such Trustee as may be appointed for the uses and purposes aforesaid for and during the widowhood of the said Hattie Cone, and at her intermarriage or death, said property with all its increase is to be equally divided among the children of said marriage that may be living at that time. But if the said Theodore C. should survive the said Hattie, then said property with all its increase shall belong equally to the children of their marriage that may be living at the time of the death of the said Hattie. But the said Theodore C. shall have the management and control of said property, as the natural Guardian of his said children.

Second. I give to my daughter Victoria Daniel the following negro slaves, with all their future increase to wit. Frances, Nancy, Tempe and Jane, girls. Edward and his wife Tempe and all their children (except Alfred called Diddle), and also Isaac the carpenter and Alfred. I also give to my daughter my miscellaneous library together with the case to which it mostly is, also my horse John and buggy.

Third. I give to my son Francis H. Cone the following negro slaves with all their future increase, namely Reason, a man cook, Vincent, a carpenter and his wife Dorcas and her children Jane and Daniel, Charlotte and Isaac and also Jane’s child George, Brine, a woman and her children Henry, Ann and Felix, Terrell a man, Simon, Mary, Betsey and Alfred called Diddle, the child of Edward and Tempe, and I enjoin upon my son to treat Simon with great kindness, inasmuch as he was borne in the family and has been a most faithful servant. I wish him made happy and comfortable in his old age. I also give to my son Francis all the silverware I possess, and my watch, chain, and seal.

Fourth. I direct that all my real estate together with all my personal property, not herein specifically bequeathed, be sold by my Executors upon such that and in such manner as they may deem most for the interest of my estate, and I suggest that the plantation in the counties of Catoosa and Walker be divided for the purpose of sale, as my Executors may deem most advisable, and the monies arising from these sales together with such monies as may be due me and such monies as I may have on hand, I direct shall constitute a fund for the payment of debts, and after all my debts are paid, I direct that one third of the balance that may remain shall be by my Executors invested in Bank Stock, and be then conveyed to my son Theodore C. Cone, in trust, for the same uses and purposes, and subject to the same limitations and restrictions, as the property conveyed by the first clause of this will. The remaining two thirds of said balance, I give in equal part to my daughter Victoria and my son Francis H.

Fifth. I give the use of my law Library to my son Theodore C. and my nephew Frederick C. Fuller, so long as they may see proper to use the same, and then to be sold and the proceeds to be disposed of as my other personalty not specifically devised.

Sixth. I give and devise all my real estate in the Township of East Haddam, State of Connecticut, to my mother, Sally Cone, and my sister C. C. Cone, and to the survivor of them: It being the place where they now reside, where I was born and my father lived and died. After the death of the survivor, I give said property to my son Francis H. Cone and his heirs, forever. A yoke of work oxen on said place belonging to me, I give to my said Sister.

Lastly. I appoint as my Executors of this my last Will and Testament, so far as regards, all my property in Georgia, my nephew Frederick C. Fuller and my son Francis H. Cone, and as to my property in Connecticut, I appoint as my Executor, Theodore Fuller my nephew.

In testimony of all which I have hereunto set my hand and seal, after revoking all former wills by me made, and sanctioning the interlineations on the first and third pages of this will. This 15th day of March 1859.

Francis H. Cone L.S.

The foregoing writing signed, sealed, published, and declared by Francis H. Cone as his last Will and Testament in presence of us, who have at his request signed the same as witnesses, in his presence and in the presence of each other the day and year above written.

Joshua Hill
N. G Foster
Y. P. King
Isham S. Fannin
A. G. Foster

Georgia, Greene County. I, Francis H. Cone, of said County and State having heretofore to wit, on the fifteenth day of this present month of November made and published my last Will and Testament, do now make this Codicil to my said Will, to wit.

I revoke the bequest of the negro boy slave Alfred called Diddle, which I have given to my son Francis and I now give said boy to my daughter Victoria.

In testimony of all which, I have hereunto set my hand, and have published and declared this writing a Codicil to my said Will. This nineteenth day of March in the year Eighteen Hundred and Fifty-nine.

Francis H. Cone

The foregoing writing signed, sealed, published, and declared by Francis H. Cone, as a Codicil to his last Will and Testament dated 15th March 1859, in our presence who have signed the same as witnesses in the presence, and in the presence of each other, at his request, this 19th day of March 1859.

Y. P. King
A. G. Foster
Joshua Hill

Court of Ordinary, June Term 1859

Georgia, Greene County. Personally came into open Court, Yelverton P. King, one of the subscribing to the within and foregoing last Will and Testament of Francis H. Cone, late of this county deceased, and Codicil thereto annexed, who being duly sworn, deposes and says that he saw Francis H. Cone, the Testator, sign, seal and heard him declare and publish the same as his last Will and Testament and Codicil, freely, voluntarily, and of his own accord and without any compulsion whatever; that at the time of the execution of said Will and Codicil, said Testator was of sound and disposing mind and memory; that the deponent, together with Joshua Hill, Nathaniel G. Foster, Isham S. Fannin, and Albert G. Foster, signed said Will as witnesses, and all of which said persons signed said Codicil as witnesses, except Isham S. Fannin and Nathaniel G. Foster, in the presence of each other and in the presence of the Testator, at his special instance and request.

Sworn to and subscribed in open Court June 6th, 1859.
Eugenius L. King, Ordinary

Yelverton P. King