[National Archives and Records Administration, Record Group 49 (Records of the Bureau of Land Management), Land Entry Case Files, Washington, MS Land Office, Credit Under # 701, #709. An explanation is in order regarding this citation. The will is currently filed with Credit Under #709, relating to the land of James Lee. It properly belongs with Credit Under #701, related to the land of Richard Magee, “devisee” of John Magee. Transcribed by Bevin Creel, Aug 2016]
State of Mississippi, Pike County. In the name of God Amen I John Magee of the county and state afd. being in health of body and sound mind and memory do make and ordain this my last will and testament in the manner and form following to wit., I recommend my soul to God who gave it trusting that in and through the merits of Jesus Christ he will bring it safe to himself in his own Kingdom, my body I wish to be decently intered in the Earth and the expences incident thereto I leave to the discretion of my Executors, after the payment of my just debts I give and dispose of my worldly estate with which Almighty God has been pleased to bless me, in the following manner Viz. Firstly I give and bequeath to my beloved with Barthany Magee three negroes, namely Jack, Chaney and Fanny and five good milch cows, two three year old bullocks and two two year old and two yearland heifers or as many of them as will support her plentifully, with all the household and kitchen furniture of whatever articles they consist with three sows and piggs and a sufficient quantity of pork or bacon for to support her in season with all other necessaries for her support and the support of her stock during her natural life and after her death the property shall be sold and the amount of sale shall be equally divided between my living legatees.
Secondly to my unfortunate son Joseph Magee, I give and bequeath one negro one negro [thus] named Carolina who is to be hired out annually and the money arising therefrom is to be appropriated to the support of my said son Joseph, as my Executors may find necessary or as his necessity may require and I further will that he may have an equal division of my estate after the first payment or share of my daughters herein after specifyed.
Thirdly I give and bequeath to my beloved sons Sier, Nehemiah, and Richard jointly my sawmill and ginn, that each of my above named sons shall have an equal division of the profits arising from said sawmill and gin forever.
Item I give and bequeath to my beloved son Sier Magee the southeast quarter of Section no. 19 of Township no. 2 Range no. 11 west of Pearl River, to my son Nehemiah I give and bequeath the northeast quarter of Section no. 30 of Township no. 2 Range no. 11 west &c, and to my beloved son Richard I give and bequeath the southeast quarter of Section no. 30 Township no. 2 Range 11 west &c, also the southwest quarter of Section no. 29 Township no. 2 Range no. 11 west of Pearl River.
Fourthly, it is my will and desire that my Executors shall pay to my lawful daughters (namely) Sally Magee, Nancy Magee, Jerusha Magee, Clary Magee, Dysa Magee, and Kitty Magee, the sum of three hundred and twenty dollars each out of my estate that is not heretofore donated which sum is considered to be an equivolent for the land donated to my above named sons.
Fifthly it is my will and desire that after each of my above named legatees shall have received their portion above designated to them then an equal division of all the remaining part of my estate shall take place including in that division an equal portion to my above named unfortunate son Joseph which portion or part of my estate shall be sold and the money arising from which shall be loaned or put to interest for his own use and behalf as he may stand necessiated during his natural life and after his death then said negro (Carolina) above donated to his use shall be sold and after paying all just demands against him all his monies goods or chattles shall be equally divided between my lawful and living legatees or their legal Representatives.
Sixthly it is my will and desire that my son Sier shall take the management of my son Joseph’s part of my estate and that he will manage his affairs as he may think best agreeably to my will.
Lastly I hereby nominate appoint and ordain my beloved sons Sier, and Richard and my beloved wife Barthany my Executors and Executrix of this my last will and testament hearby disannulling, revoking and disallowing all other former wills by me made and ratifying and confirming this and no other to be my true last will and testament.
In testimony whereof I John Magee the present Testator do hereunto set my hand and affix my seal this 24th day of July in the year of our Lord one thousand eight hundred and twenty one. John Magee (seal)
Signed sealed and delivered in the presence of us to be the last will and testament of the above Testator by these presance who at his particular request have hereunto set our hands and affixed our seals the day and date above written. Josiah Lewis (seal), Solomon Causey (seal), James Causey (seal), William Lewis (seal)
State of Mississippi, Pike County Orphans Court October Session 1824. Personally appeared in open court Solomon Causey who being duly sworn deposeth and saith that he saw the within named John Magee sign seal and acknowledge the within will, and declared the same to be his last will and testament and that he saw the within named Joseph Lewis, James Causey and William Lewis sign their names as witnesses with him in the presence of the Testator aforesaid. [signed] Solomon Causey
Sworn to and subscribed to in open court on the 24th day of October 1824. [signed] Jas. Y. McNabb, R.O.C.
