John Bustian



State of Georgia | In the name of The Lord Amen
Talbot County | I John Bustian being of sound
mind and memory make this my last will and
testament hereby revoking all others.

Item 1st: I wish my executor to pay all my just
debts out out [sic] of my estate the remainder of my
estate I wish distributed as follows.

Item 2nd: I give unto my beloved wife Elizabeth Bustian
during her natural life and no longer the following
property to wit Bail a man slave about thirty
four years of age. Rhody a woman slave about
thirty eight years of age. Mariah a girl slave
about fourteen years of age. Samuel a boy slave
about twelve years of age. Two hundred and five
acres of land more or less being a part of these
lots, number sixty two, eighty three and sixty one
all lying and being in the twenty second district
formerly Muscogee now Talbot County. Bounded as
follows. Commencing at the south east corner of
lot sixty two as aforesaid thence south until
it comes to a branch runing nearly east thr
ough said lot thence up said branch to
Wm B Marshall fence thence nearly along said
fence to corner of said fence thence nearly
west to a rock corner thence nearly north with
said Marshalls fence until it gets north of
the old Alabama road to a rock corner
on the north line of said lot number sixty
two thence nearly north with the fence
until the north west corner of a little
field & the gin house is in thence nearly
east to the south west corner of James Bunkly
s field adjoining me north of the Alabama road
thence south on the land line between me & James
Bunkly to the south east corner of lot number sixty
two as aforesaid. Thence south until come to a bran
ch running east through said lot. seventy five of said
[quantity?] said land bounded as follows commencing
at the north west corner of lot number sixty one
as aforesaid running east until it strikes the cross
fence which is the dividing line between James
Bunkly & said tract or parcel of land, thence nearly
south with a fence that runs south until it
comes to a line running east & west through the
middle of said lot. thence west on said middle
or centre line to the west line of said lot. thence
nearly north on the west line of said lot to the
north west corner of said lot the foregoing legacy
of land is all I own south of the Alabama
road & a small portion above as described.
One good work horse worth one hundred or
one hundred & twenty five dollars. One good plow
stock & full set of plow hoes. Three good weed hoes
one good set of plow gear. One yoke of oxen not
old. One good cart. two good cows & calves. Twelve
hundred pounds of pork. thiry barrels of corn,
fifteen hundred pounds of good fodder, fifteen
bushels of wheat, one good sow & pigs, one
dining table, my oldest bureau, one good closet,
one trunk, six setting chairs, my best spinning
wheel, my best pair cards, my best buggy and
harness, my best bedstead bed and furniture,
my best pot, my best oven, my best [spedin?], my best
kettle, my best set of plates, my best set of cups &
saucers, best coffee pot, best set of knives of forks
my best set of silver teas spoons & table spoons
the foregoing described property I have given
to my beloved wife free from the control or debt
of any future husband, and at the death of my
beloved wife all the above described property
and the increase of the negroes, that is not
worn out, dead or destroyed, by accident provi
dential cause, is to be legally divided between
my son Thomas Bustian & the children of
my son Elisha Bustian. The income of
said property, my beloved wife is to use as
she sees proper, and I appoint my trusty
and worthy friend William B Marshall trustee
of the property herein now and bequeath to my
beloved wife Elizabeth Bustian.

Item 3rd: I give and bequeath unto my beloved
wife Elizabeth Bustian without any restriction
to do as she pleases, with one lot of land
containing forty acres originally Cherokee County
number not recollected drawn by Joshua D Frazier
the only lot I own in that county.

Item 4th. I give and bequeath unto my grand daughter
Ann Caroline Bustian the daughter of my son
Elisha Bustian, one good feather bed, one negro
girl slave named Rose about five years old
not subject to the debts of any husband she may
have should my grand daughter Ann
Caroline Bustian depart this life leaving no
child or children then this girl Rose a slave
& her increase to be distributed as follows. One
third to my son Thomas Bustian & one third to
my grand children the children of my son Elisha
Bustian.

Item 5th. I give unto my grandson Anderson Allen
the only living child of my daughter Nancy
Allen the former wife of James Allen, one
hundred dollars, one negro girl slave named
Martha about twenty years of age said negro
girl I loaned to the said James Allen some
years past in the event the negro girl Martha
that I have given unto the said Anderson Allen
departs this life leaving no child or children
before the said Andeson Allen arrives to the
age of twenty one years I direct my executors to
retain in their hands four hundred dollars of
my estate to pay over to Anderson Allen guardian
& take their receipt for the same, in the
event the said Anderson Allen departs this
life before he arrives at the age of twenty one
years, the girl slave Martha and her increase
and the four hundred dollars to be distributed
as follow, one third to my son Thomas Bustian
one third to my son John T Bustian
and one third to my grand children the
children of my son Elisha Bustian
and I appoint my trusty & worthy friend James Allen
the father of the aforesaid Anderson Allen
trustee of the property herein given and bequeath
to my grandson Anderson Allen as aforesaid
and I appoint my grandson James R Bustian trustee of
the property herein given and bequeath to my grand daughter
Ann Caroline Bustian as aforesaid.

Item 6th. I give unto my son Thomas Bustian during
his natural life one negro girl slave named Adenline
about seventeen years of age & her increase said girl
Adenline I loaned to the said Thomas Bustian some
years past at his death said girl Adenline and her
increase to be equally divided between the children
of the said Thomas Bustian.

Item 7. I give and bequeath to my son John T Bustian
one girl named Mary a slave and her increase during
his natural life said girl Mary I loaned to
my son John T Bustian, some years
past at his death the girl Mary and her increase
to be equally divided between the said John T Bustian
children.

Item 8. I wish my executor to sell all my land that
I have not disposed of in this my will

Item 9. The remainder of my estate that I have not
disposed of in the foregoing part of this my will I
wish distributed as follows, one third part to my
son Thomas Bustian, to have during his natural
life at his death to be equally divided between
his children one third part to my son John T Bustian
during his natural life at his death to be equally
divided between his children one third part
to be equally divided between the children of
Elisha Bustian.

I appoint my son Thomas Bustian
trustee of the property herein given and bequeath
unto the said John T Bustian & his children and
I direct my executor to pay over to Thomas Bustian
John Bustian & children their portions of my estate
& take his receipt for the same. I appoint John T Bustian
trustee of the property herein given and
bequeath unto the said Thomas Bustain and
his children and direct my executor to pay over
to John T Bustian trustee Thomas Bustian &
children portion of my estate & take his receipt
for the same. I appoint Thomas Bustian
& John T Bustain as aforesaid trustees of the
property I have given and bequeath unto
Elisha Bustians children as aforesaid & take
one or both receipts for it. I direct Thomas
Bustian and John T Bustian trustees of the property
I have given & bequeath to Elisha Bustians
children to pay over to them this proportionable
part of the property as they become of age or marry.

I appoint Robert H Dixon and William B Marshall
executors of this my last will and testament.
interlined before assigned with
the words four land fodder spoon and the increase
of the negroes be to and the four hundred dollars
except interest part & part & children their portions
of my estate and children

May 2 1854 John Bustian

Signed sealed and published by John Bustian
as his last will and testament in the pressents[sic]
of us the subscribers who subscribed our names
hereto in the presense of said testator at his
special instance and request and each other
May 2 1854 Jas M Walker
James Bunkley
Charles J Fox
John A Boswell
William B Marshall



State of Georgia Whereas I John Bustian did
Talbot County on the second day of May
in the year of our lord eighteen
hundred and fifty four signed seal declare
and published my last will and testament in presence
of James M Walker James Bunkly Charles J Fox
John A Boswell and William B Marshall who signed
the said will and testament as witnesses and
whereas I am desirous of altering and adding
in some of the bequest in said will I therefore
make and publish this codicil to said will

First. I give and bequeath unto my beloved wife
Elizabeth Bustian during her natural life
one negro boy slave named Zach about nine
or ten years of age and at the death of my
beloved wife as aforesaid my will is that the
negro boy Zach as aforesaid be distributed as
follows one third to my son Thomas Bustian
one third to my son John T Bustian and
one third equally distributed between my grand
childrenn the children of Elisha Bustian decd.

Second. In the event that either or any of the negroes
in my said will or codicil specifically bequeathed to my
beloved wife as aforesaid should die during my lifetime,
that it is my will that my executors shall from
my estate replace such negro or negroes as dying in
order that no part of said legacy may be lost to my
beloved wife as aforesaid, in replacing such negro or
negroes as the case may be, It my will that my
executors apply to the Court of Ordinary for the
appointment of three commissioners who shall see
that such negro or negroes are fairly replaced
subject to the same distribution as those that may
have died provided they had of lived until the death
of my beloved wife as aforesaid.

Third. I annul the fifth item of my will as
aforesaid and constitute in lieu three of the
fourth fifth and sixth sections of this codicil

Fourth. I give and bequeath unto my grandson
Anderson Allen one hundred dollars to be paid
over to James Allen the father of the said
Anderson Allen.

Fifth. I desire and will that my executors retain
in his or their hands four hundred dollars out of
my estate and the interest paid from said sum of
money to be paid over to James Allen as aforesaid
yearly for the benefit of my grandson Anderson Allen
in the event that the said Anderson Allen lives
until he arrives at the age of twenty one years
I direct my executor or executors to pay over to him
the four hundred dollars aforesaid and should the
said Anderson Allen depart this life before he
arrives at the age of twenty one years and leave
a child or children I direct my executors to pay
over the said four hundred dollard to their representives,
but should the said Anderson Allen depart
this life before he arrives at the age of twenty one
years, leaving no child or children, I direct my executors
to distribute the four hundred dollars as aforesaid
amongst my legatees as the law directs my wife
executors.

Sixth. I give and bequeath to my grandson
Anderson Allen one negro girl named Martha
about twenty three years of age and her increase
said negro girl Martha I loaned to James Allen
the father of my grandson Anderson Allen
and has been in his possesion ever since.

interlined before assigned the words distribute of money
the day Oct 27, 1857 John Bustian

Signed sealed published by John Bustian as his codicil
to his will as aforesaid in the presence of
us the subscribers who subscribe our names hereto
in the presence of said testator at his special instance
and request and of each other
Oct 27 1857 Jesse Wilson
Charles J Fox
Thomas J Whelby
William B Marshall

recorded 14 Jany 1859
Marion Bethune, Ordy