Mary Mitchell's Last Will & Testament

Submitted by Scott Owens

Here is the will of my GGGgrandmother, Mary Mitchell (maiden name unknown), who died probably in Walton County
in 1863.

In the name of God, Amen.

I, Mary Mitchell, of the County of Gadsden in the state of Florida, being of advanced age and feebel in body, but of sound and disposing mind and memory and considering the uncertainity of life, and being desirous of disposing of all the worldly possessions whereunto it has pleased the Great Ruler of the Universe to bless me in order that I may be the better prepared to leave this world whenever it may please God to call me hence, do therefore make, publish, and declare this as and for my last will and testament, hereby revoking and annulling all former wills by me , at any time, hretofore made; and First, I resign my soul into the hands of my Creator who gave it, trusting for my salvation in the merits of the blood of my Lard and Savior Jesus Christ, and my body I desire to be interred in a manner suitabel to my cercumstances and station in life.

Impoimis: It is my will and desire that my Executor hereafter appointed do pay and discharge all my just and lawful debts and funeral expenses as soon after my decease as practicable.

Item first: I give, devise, and bequeathe uto my beloved daughter Mary Ann Mitchell and to her heirs in fee simple, forever, a negro man named George aged about forty-five years. I also give, devise, and bequeathe unto my said daughter Mary Ann Mitchell all the restand residue of my Estate both real and personal, or of whatsoever Character the same may be or wheresoever situated, after the payment of all my just debts and funeral expenses. To her the said Mary Ann Mitchell and her heirs in fee simple forever.

Item second: I do hereby nominate, constitute, and appoint my grandson John P. Mathison, of the County and State first aforesaid to be the sole executor of this my last will and testament.

In witness whereof, I, Mary Mitchell, have hereunto set my hand and affixed my seal on this the twenty-first day of February A.D. one thousand Eight hundred and Fifty-nine (1859).

Signed, Sealed, published & declared by the said Mary Mitchell as and for her last will and testament in the presence of us, who, at her request and in her presence and in the presence of each other have hreunto subscribed our names as witnesses thereto:

John M. W. Davidson
Joel F. May
William Dickson

The foregoing will was duly admitted to probate on the oath of J.M.W. Davidson, a subscribing witness, on the 26th day of June 1863, and on the same day John P. Mathison was duly qualified, according to law, Executor thereof: Whereupon the following letters testiamentary were granted and issued to him:

State of Florida
Court of Probate within and for the county of Gadsden

Whereas Mary Mitchell late of the county and state aforesaid, deceased, did by her last will and testament, nominate, constitute, and appoint John P. Mathison Executor thereof. And whereas the said John P. Mathison has been duly qualified, according to law, as such Executor. Therefore to the true intent that the said last will and testament may be well and truly performed and executed, I, E.C. Love, Judge of Probate, within and for the County afresaid, do issue this probate, and do hereby authorize and impower the said John P. Mathison as Executor aforesaid well and truly to collect and administer all and singular the goods, chattels, rights and credits of the said Mary Mitchell, deceased, in all manner of things concerning the same, according to the true intent and meaningof the said last will and testament of the said deceased and according to law.

Hereby requiring the said John P. Mathison, as Executor as aforesaid,d to make and render the said court of Probate, a true and prefect inventory of the said goods and chattels, rights and credits of said Testator, and make a true and perfect account of his administration, whenthrerto required by legal authority.

In Testimony of which, I have hreunto set my hand and affixed my official seal, at Quincey, the 26th day of June A.D. 1863.

E. C. Love