State of Georgia
County of Harris
In the name of God, Amen.
I, Daniel H. Zachry of Said State and County being of sound mind and disposing memory and knowing that it is appointed for all men to die do make this my last Will and Testament revoking all Wills heretofore made by me.
Item 1st. It is my Will and desire that all my just debts be paid by my Executors hereinafter named as soon as can be conveniently.
Item 2nd. I will and bequeath to my beloved wife Mary Zachry the following property to wit: Peter a man 31 years old, Adaline a woman 30 years old, and her two children Mavicile 10 years, and Washington 12 years old, Julia a woman 26 years old and her two children, Tom a boy 7 years old and Harry about 4 years old, together with all the money notes and accounts and evidences of debts, that I may be possessed of at the time of my death, after paying all my debts, and all the future increase of the Negroe Slaves above mentioned - Also all Stock of all Kinds, horses, mules, cows, Hogs and all others of all Kinds I may have at my death - Household and Kitchen furniture, and all plantation tools, waggons, carts, buggy, oxen and c. - Also my lands on which I live 122 acres of lot No. 33 in the 4 district ___ acres of lot 36 in the 4 District Harris County, 150 acres of lot No. 2 in the 4th district. The above property is given to my wife Mary Zachry and its increase as above stated for and during her widowhood, or whilst she remains Single, but in the event She marries, the above property with the increase to be equally divided between my said wife and all my then living children (or the legal representatives of children) to wit: William L. Zachry, Martha E. Campbell, Jesse H. Zachry, Elizabeth Zachry, Daniel H. Zachry Junr., Mary A. Satterwhite, Missouri Zachry, Hampton Zachry, David L. Zachry and H. Zachry, Share and Share alike.
Item 3rd. I give and bequeath to my daughter Elizabeth Zachry, who is partially blind, a negro girl by the name of Ellen 11 years old, and all her future increase, and if my said Daughter Should die leaving no child or children, or the representatives of children, then the above named negro girl Ellen with all her increase to be equally divided between her mother, Brothers and Sisters, then in life, or their legal representatives, the negro girl Ellen given over and above her equal Share given in Item 2 and 3 on account of her being partially blind.
Item 4th. I give and bequeath to my son Hampton Zachry, on account of his being afflicted with Epilipsey of fits, over and above what is given him in Item 2 a Negro boy by the name of Ruben 8 years old; and if my Son Hampton should die, without any child or children or the representatives of children then said negro boy to revert back to my Estate, and be disposed of in the same manner the negroes are disposed of in Item the second.
Item 5th. It is my Will and desire that my Daughter Elizabeth and Son Hampton together with the property given them, remain with their mother until they marry.
Item 6th. It is my Will and desire that nothing herein given or bequeathed in this my Will, Shall so operate as to prevent my said wife from giving to my children not married as much property, as those who are married received on their marriage, in order that all may be on an equal footing, except those two afflicted, whom I have provided for.
Item 7th. My will and desire is Should my wife wish after my death to sell the land heretofore given her in Item 2nd She do so and purchase other lands - and also Sell my Daughter Martha E. Campbell a home if she should need one.
Item 8th. I hereby appoint Philander Campbell and my wife Mary Zachry Executrix and Executor of this my last Will.
Signed, Sealed, declared and published by Daniel H. Zachry as his last Will and Testament in the presence of the undersigned who Subscribed our names hereto in presence of Said Testator at his Special instance and request and in the presence of each other this May 26th 1863.
In Open Court came Mary Zachry the Executrix appointed in a proper writing purporting to be the last Will and Testament of Daniel H. Zachry late of said County deceased as Executrix of Said deceased, and produced said paper writing: and also personally came Henry E. Mofs Sern, Abraham Rush and Alexander N. Johnson the Subscribing witnefses to said paper writing who being duly sworn depose and say that they saw the said Testator Daniel H. Zachry sign, seal, declare and publish the said paper writing now presented in open Court as his last Will and Testament freely, voluntarily of his own account without any compulsion or undue influence what ever that at the time of the Execution of said Will Said Testator was of sound disposing mind and memory - that deponents signed said Will as Witnefses in the presence of the Testator and at his request, and in the presence of each other. Sworn to and Subscribed before me in open Court this August 3 1863.
I do Solemnly Swear that this writing contains the true last Will of the within named Daniel H. Zachry deceased, so far as I know or believe and that I will well and truly Execute the Same in accordance with the laws of this State So help me God.
Sworn and Subscribed before me this August 3 1863