From The Pettit Correspondent, Volume 4, Number 1, page 158

The Will of Henry Pettit of Gilmer County, Georgia - 1858

Submitted by Mrs. Morris Pettit
(Rt. 5, Box 39, Elijay, GA 30540)

EDITOR'S NOTE: This Henry Pettit is person #12 found in the article "Some Descendants of Joshua Pettit of New Jersey and South Carolina" (TPC, October 1989, pp. 87-90). William D. [Decatur] Pettit, son of this Henry, was a great grandfather of Morris Pettit, the submitter's husband. William's widow married Capt. James F. Harris.

State of Georgia )
Gilmer County )
In the name of God Amen I Henry Pettit of Said State and County being of advanced age and knowing that I must shortly depart this life deem it right and proper both as respects my family and myself that I should make a disposition of the property with which a kind providence has blessed me do therefore with this my last will and testament hereby revoking all others heretofore made by me.

1st Item I desire and direct that my Body be Buried in a Decent plain manner as I have hereforeto Buried my children my soul I assign to god who gave it as I hope for Eternal Salvation through the Atonement of Jesus Christ
2nd Item I desire and direct that all my just debts be paid without delay by my Executors hereinafter appointed.
3rd Item I give bequeath and devise to my beloved wife Anne one Feather Bed and furniture my old family Bible one cow and calf that she may select which she may dispose of at her death in any way she thinks proper
4th Iterm I also will and bequeath to my beloved wife Anne the use and full controll of one comfortable room of my Dwelling House which soon must have a good fire place for her comfort
5th Item I will and bequeath to my son Elijah P Pettit all that portion of land marked No one in a plat made by Stephen Griffith C.S.2 of Gilmer County which is hereunto attached dated February 12th 1858 said portion of land having hereforeto been deeded to him by me Except a small portion at the North west corner of said Boundary
6th Item I will and bequeath to my son Joshua C Pettit all that portion of land marked No 3 in said survey as shown in said surveyors plat and I further will and bequeath to him one Bay Colt and one cow and calf and one Rifle gunn and money to Purchase him a saddle when he is of age the money to be raised by the sale of such property as will not be otherwise dispersed of the money to be paid over to him for said purposes by my Executors
8th Item I will and bequeath to my son John F Pettit all potion of land marked No 4 which is in two separate pieces as shown by said pat and also one cow and calf and one shot gunn my Black mule or a choice Horse be ast[?] as he may choice and one yoke of Oxen and both my wagons and all my Farming tools all of which I will to my son John F Pettit as above stated on the condition that he comfortably support my beloved wife Anne during her Widowhood And should he foil[?] or refuse to do so as directed in this my last will and testament my Executors are hereby authorized to have all the above property (except the land and cow) and applied to the use and benefit of my beloved wife Anne Pettit
9th Item I will and bequeath to my beloved Daughter Anne all that potion of land marked No 5 in said plat it being in two separate pieces as shown by said plat and also one cow and calf and one feather Bed and furniture and fourteen dollars in money
10th Item I will and bequeath to my Daughter Barbary Miller all the portion of land marked No 6 in said plat as attached
11th Item I will and bequeath to my son George W Pettit all that potion of land marked No 7 in said plat above mentioned
12th Item I will and bequeath to my Beloved Daughter Sarah Craine all that portion of land marked No 8 in said plat which is attached to this will and [-----]ving the right of way on each side and through the [lane up the branch(?)] also Fourteen dollars in money
13th Item I will and bequeath to my grandson Henry Pettit Son of William D Pettit Deceased the sum of Five Dollars
14th Item I will and Bequeath to my Daughter Misourie Ellison one note on Adolphus E Ellison for Seventy Dollars dated January 27, 1854 due two years after date with interest from date and one other note on Adolphus E Ellison for Seventy five Dollars dated January 24th 1855 due two years after date with interest from date and also the sum of Fifty five Dollars in money
15th Item I will and bequeath to my son John F and Joshua C each one feather Bed and furniture in addition to the amount hereforeto stated
16th Item I will and bequeath my books to be equally divided among my son Elijah P Pettit George W John F and Joshua C Pettit
17th Item The residue of my property both real and personal wherever and whatever it may be shall be sold by my Executors and Equally divided among my children (not including my grand son Henry Pettit) named in the 13th item
18th Item I hereby constitute and appoint Elijah P Pettit Lewis D Elling and Stephen Griffith my Executors of this my last will and testament this 19th February 1858
Signed sealed Henry Pettit [seal]

declared and Published by Henry Pettitt as his last will and testament in the presence of us the subscribers who subscribed our names hereto in the presents of said testators at his special[?] Instance and request of each other this February 19, 1858

Barnet Wilson
Jackson Ayres
James Chadick

If it should happen that I should depart this life after preparation is made to cultivate either or[?] my[?] of the within willed pieces of land the occupant will be allowed to hold on till his crop has matured and have time to take care of it I also reserve the Priviledge for any or all my children that see proper to bury their dead at the grave yard where I buried my two sons that died here

Henry Pettit
Recorded June 15, 1858 R R Hunt - Ord

Georgia )
Gilmer County )
Before me Robert R Hunt Ordinary for said County it being in open Court June Term 1858 personally came Barnet Wilson Jackson Ayres and James Chadwicke subscribing witnesses to the last will and testament of Henry Pettitt who being duly sworn deposeth and saith an oath that they saw the said Henry Pettitt sign seal publish and declare the said instrument of his last will and testament voluntarily and purely[?] without compulsion and that they sighend said will as witnesses in the presence of said Henry Pettit and in the presence of each other sworn to and subscribed this 7th day of June 1858

R R Hunt ) Barnet Wilson
Ordinary ) Jackson Ayres James Chadwicke

Gilmer County Court of Ordinary

Georgia )
Gilmer County )
We Elijay P Pettit Lewis C Ellington and Stephen Griffith do solemly swear that this writing contains the last will and testament of Henry Pettitt decease[d] so far as we know or believe and that will [we?] will truly execute the same the same [phrase repeated] by paying the debts and the legacies contained in the said will as [---] as his goods and chattles will there unto extend and the law charge us and that we will make a true and perfect inventory of all such goods and chattles according to said will so help us God

June the 7, 1858 )
R R Hunt )
Ordinary )

Elijah P Pettitt )
Lewis D Ellington) Exutors
Stephen Griffith )