Posts tagged ‘Montgomery Family’

November 3, 2011

The Last Will and Testament of James Barr, Jackson Co., GA

James Barr was a Revolutionary War veteran who lived the latter portion of his life in Jackson Co., GA. He wrote his last will and testament in 1835.

first I Give to my Wife Mary all my Property both Real & Personal During her Life then to be Divided as follows (to wit)
To My Son James Henson Barr the Plantation wheron I now Live & a negro man Edom & one Cow
The Ballance of My Property to be Sold & Eaqully [sic] Divided between all my Children including James Henson Barr I hereby appoint Mary Barr[,] James Henson Barr & Boley Wilson my Exeutors [sic]

The will was witnessed by James Montgomery, John Cuningham, and Samuel Hay, and was proven 1 March 1841 by the oaths of John Cuningham and James Montgomery.

Two curious paragraphs were inserted in the official record between the copy of the will and the notation where it was proven.

We the Jury find in Favour of applicant & than [sic] was Proof of attestations by only Two Witnesses…
And Decree that the administrators or objectors Pay the Cost of Suit…

There is likely further information in the court minutes on why all three witnesses could not prove the will.

This is a good example of a will not providing the expected information, in this case the names of all of James Barr’s children. One of my ancestors was supposedly a child of this James Barr but was not named in his will. A thorough search through other estate records may yield proof of this connection, as may other records sets such as the court minutes referenced above or land records.

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