Will & Estate Documents

 


Prosser died sometime between February and May of 1823.  A transcription of his Will and many of the original estate documents can be found at the Jackson County Historical Society Archives.  His wife's Will can also be found at the Jackson County archives.  Both Wills name their children.

 

In the name of God, Amen


 I Prosser Horton of the State of Georgia and County of Jackson in perfect health and perfect mind and memory thanks be given to Good, calling into mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last will and testament, that is to say, principally and firs of all I give and recommend my soul into the hands of almighty God that gave it and my body I recommend to the earth to be buried in a decent and Christian burial at the discretion of my executors nothing doubting but at the general resurrection, I shall receive the same again by the mighty power of God, and as touching such worldly estate wherewith it has pleased God, to bless me in this life I give devise and dispose of the same in the following manner and form.

 First.


 I give and bequeath unto Feraby Horton my daughter all that part of the land that I now live on that lies on the South West side of Walnut Fork of the Oconee river containing two hundred and thirty acres, more or less, and one horse, bridle and saddle, one cow and calf, one feather bed and furniture to be left to her own choice.

 Second.


 I give and bequeath unto my beloved wife Sarah Horton one third part of the profits arising from the plantation whereon I now live lying on the North side of Walnut Fork of the Oconee, during her widow-hood and other two thirds to be equally divided between my sons Fletcher and Prosser Horton during such widowhood and after the death or marriage of my wife Sarah I do give bequeath the above described plantation and premises and all the land attached thereto to my sons Fletcher and Prosser Horton and all the rest of the property after all my just debts are paid, and two hundred dollars to William Clements to be equally divided among my legatees except Sarah Glenn and her part of my property except what she already had is to be equally divided among the issues of her body and the two illegitimate children that is laid to my son William Horton that is to say Jerome T. Flanigan and William M. Flanigan provided Washington Allen my son-in-law does give a just and satisfactory account and return of all the money and property my son William had at the time of his death in his possession without any trouble or expense his is to be considered as one of my heirs in the general provisions of this my will and if not he is to be excluded from any further part of my property except what he has already had and my property to equally divided among the rest of my heirs except as before excepted, and I do hereby constitute and ordain James Hemphill and William Bell, Esq. - my executors to this my last will and testament.  And I do hereby utterly dis-allow and revoke and disannul all and every other former testament will legacies, bequests, and executors by me in any wise before named willed and bequeathed satisfying and considering this and no other to be my last will and testament.

 

 

 In witness whereof I have hereunto set my hand and seal this 29th day of November in the year of our Lord One thousand Eight hundred and twenty.

 Signed, sealed in the presence of:

Charles Doughtry (Dougherty)

E.Price

John Young                                                                         Prosser Horton, L.S.

 

 

The appraisers of his estate were John Randolph, Sr., Clabourn Maddox and Adam WilliamsonJacob Braselton, as Justice of the Peace, signed the document.  Jacob Braselton Jr., James Cochran and John Young signed the official appraisers' document.

His extensive estate included the usual livestock and household items but also over 50 books covering religion, geography, grammar and chemistry.  A 12 volume encyclopedia is noted.  Prosser and his family were likely well educated.

 

Some of the more interesting tidbits gleaned from the Will and estate documents:

  • Expenses to the executor for traveling to Alabama to tend to apple trees in Tuscaloosa.  Another document showing that the "nursery of apple trees" was rented to Amos Warner.[1]  Another document indicates the trees were located "in the town of Tuscaloosa".  William Duncan[2] and Davenport Vokes names are listed.  See "Oldest Known Letter From Tuscaloosa" below.

  • Bed & Furniture bought by William Bell for Mrs. Horton (which Mrs. Horton?).

  • James Hemphill bought a bed from Prosser Horton.

  • An interesting purchase was made by Jacob Braselton who paid 81 cents for a "Church History".  Prosser was apparently a learned man as there were a number of books about religion, geography and law among his personal property that was sold to various buyers.

  • Another book listed as "Wesley Sermons" was purchased by James Horton.

  • Truman Kellogg bought a book listed as "Explanation of N. Testament".

  • Fletcher Horton bought a book listed as "Introduction to Christianity".

  • A portrait of St. Paul was purchased by James Horton.

  • A book listed as "Georgia Justice" was purchased by Noah Strong.  This is probably Reverend Noah Strong (b.1800;d.1858).  Noah was from Connecticut and he was one of the early city councilmen for the city of Cumming, Georgia in 1845.  He is buried in the Cumming City Cemetery.

  • Note to Prosser from David Cotton for rent of house and land.

  • Payments made to Thomas S. Price (Legacy for his wife).

  • Buyers of cattle sold to them in the state of Alabama - Elijah Nunn, William Clements (1824).

  • The land in Wilkinson County was still in the Horton family in 1906 when Mrs. M.M. Horton, widow of Prosser (III?) was attempting to sell the land.

 


FULL LIST OF NAMES LISTED IN THE ESTATE DOCUMENTS FOR PROSSER HORTON
(Listed in the order in which they appear)

 

Pheraby Horton

Fletcher Horton

Prosser Horton

Sarah Horton

William Clements

Sarah Glenn

Jerome T. Flanigan

William M. Flanigan

Washington Allen, son in law

James Hemphill executor

William Bell executor

Charles Dougherty, witness

E.Price, witness

John Young, witness

William Cowan

William Cureton

Merritt Chandler

David Cotton

Nathaniel Hall

John Hall

Charles Price Jr

Thomas S. Price for wife Feraby (Pheraby)

Hendrick Lumpkin

John Cavender

E.Price (probably Ezekial)

Jordan Lacy

Abraham Coker

Ezekial Price

James Blackstock

Adam Williamson

Elijah Nunn

William Murphy

Camak Ragland

James Glenn

John Whitmire

George Weems

Benj. McCutcheon

Francis Meriwhether (Attorney)

Oliver Shaw

John Randolph

Clayborn Maddox

William B. Bell

Thomas Wally

Alexander Reid

Bryant or Brant Ethridge

John Young

James Cawhron

Thomas Niblack

Ezekial Price

Truman Kellogg

Robert Orr

John Collins

James Cochran

Jerimiah Waitts

Sylveness Couch

James W. Cook

James Couch

Charles Davenport

John Moon

Larkin Strickland

Thomas Reamey

John Spruce

Clayborn Harris

Lewis Pyron

Ruth Frost

Thomas Treadaway

James Mayo

William Kelley

Thomas Morgan

William Perry

James Bronham

John Moore

William Murphy

Henry Mann

John Weems

Williford Grogan

Jesse Lott

Lewis Barker

Beverly Hudgens

Nathaniel Jarrett

Charles Doughterty

Stephen Butterworth

Isaac Busson

Joseph Hampton

Robert Dowdy

James Hemphill

Jacob Braselton Jr.

James Brinton

William W. Crawford

Thomas Reamey

John Tims

James Horton

Nathaniel Jarrett

James Cavendert

Alexander Reed

 

 

FULL LIST OF NAMES (Cont'd)

 

John Tims

Fletcher Horton

William Stewart

Alexander Flannigan

John Tarrant or Trent

Samuel Chapman

Isaac Betts

James Glenn

William Bell

Truman Kellogg

Jesse Horton

E. Barker

Elizabeth Glenn

Joseph Shaw

Daniel Blackstock

Noah Strong

William L Brant or Bryant

George Williamson

Sarah Horton

Jacob Braselton

Joseph McCallister or McLister

Fletcher Horton

John Epperson

Elias Putnam

James Hemphill

Larkin Strickland

John Young

John Torrance

Jesse Lott

William Mann

Anderson Glenn

John Moore

Truman Kellogg

Francis McBride

William Duncan

John Coblens

Jeremiah Wright

Cicero Holt

Samuel Niblack

Beverly Allen

Benjamin Mote

Allen Mathews, Attorney

Beverly Hudgins

Thomas Walley

 

 

OLDEST KNOWN LETTER FROM TUSCALOOSA

Friend Peter,

I duly received your letter of the 1st of April with a great deal of satisfaction.  To hear from friends so dear to me produced sensations.  I must say I seldom experience in this half made wilderness -- by the by -- Let me introduce an old Bostonian, Mr. Ackers to you.  He has been in the same store with me all the season.  He is a fine Fellow and I need not add we are great cronies.  We left Boston in the same vessel and have hung together ever since -- perhaps he will amuse you with details of our Pilgrimage.  Mr. Taft is in Boston I expect by this time.  Give my best respects to him if so, and say we are all well here.  You ask how I can content myself in such a place.  I can only say my hard fortune is such that where I would otherwise be most content there is least of the "one thing needful" as you express it it's Hobson's choice.  I hope you have by this time some favorable symptoms of "Dame Fortune's recovering her long lost sight".  For my own part I have been so long under the influence of her Daughter Miss Fortune that I think but little of the old lady, and can say at least that the daughter is the mere constant of the two. -- but don't think Peter I mean to marry the hussy -- for I can never think of that only when I am in the dumps, which you well know is seldom.  Ask Mr. Tilden and Mr. Badlan to bring down a bottle of their best gin and wine and imagine me among you and let's take a social drink together again.  You Peter be my representative.  You advise me not to stay here thru the summer and recommend Boston air once a year at least.  Excellent physican:  How palatable at least is your prescription.  I'll try to follow it, but, alas, I doubt.

I am sorry to hear you were sick after I left home, but really Peer I do almost envy you your nursing.  I assure you I can pretty nearly appreciate the kindness of Mrs. H in your nursing.  You wish me as much blest here, but ' tis in vain.  The 1 board with the finest woman in the place, Mrs. Bunton formerly Miss Whiting -- both from Boston -- but in point of society I am very far from being a subject of envy.  Give my love to Mrs. Hawthorne and Letty -- Mrs. Bell and Ann-- remember me to all my old friends in the house, Mr. Tilden Badian, Smith, Harris , xxxx and don't forget Rhoda who sent her love with the rest.  Remember me to George the third and say I am much obliged to him for the honors conferred on me this time -- I have nothing of import to communicate by way of news. Everything remains as before except it is not as "Beelzebubs Back Kitchen in Dog days" here.  This is a very healthy spot I think and on the whole a very pleasant one, not so xxxx as the climate of Georgia and more healthy.  My condition seems somewhat ameliorated of late.  I have a glass , tumbler a pitch and a 5 gal demijohn of rum.  I have several good fellows for associates among them is Mr. T. F. Burrroughs of Boston--a merchant here- but alas no pretty girls. I am determined to marry the next time I go on xxxx which I hope will be the coming fall.  It is not good for a man to be alone, you know.

The volume sent by Mr. Smith I believe is on its way up the river but cannot get here for want of water.  Business has been dull in the extreme -- Money scarce.  Cotton worth 12cents, I have just heard from Providence R. I.

I find religion the  xxx of the days there.  My informant says 600 persons come over to the faith in two months.  Look out for failures now:  Some mischief brewing, I fear -- for Prov. is a curious place -- I hope you will write on rect. of this for it is probable I shall at all events stay here long enough to get a letter from you.. I should have written some time since to Mr. Tilden but could not give him anything more favorable as respects the county -- it is only fit for a u---d poor fellow like myself as that I should do wrong to encourage anyone,  much more a friend to waste any portion of their lives in such miserable country.

You will please plead my excuse.

I mean, the I have seen as neglectful theretofore, to write you oftener in the future, and my taking week for it at leisure times perhaps I can make my letters more interesting to you in spite of the "The--- tidings of the times.:  But I well know that you will find a very correct walking journal in my friend Mr. Ackers which will make up for all deficiencies.  Sister H. will please give my love to my intended, tell her I remain true as the needle to the pole.

I have had many pleasant games of whist with the cards you gave me, in company with Mr. Tufts.  I must add I always thought I was more lucky with them than any others.  Remember me Peter in your morning arisens and evening glasses and believe me most sincerely.

 

Your friend till death and afterward.

Amos Warner

 

From Amos Warner

Tuscaloosa, June 18, 1820

To Peter Wainwright, Esq.

Boston, Mass

15 Newberry St.

Mr. D.H. Ackers.

___________________________________________________________________________

Note that the letter is addressed to Peter Wainwright, Esq. at 15 Newberry Street, Boston, Massachusetts.  This address now appears to be near the intersection of Tremont at Boylston or Washington at Boylston in downtown Boston.

The state of Alabama was officially formed in 1819 and Tuscaloosa was its early capital city.  Like Jackson County, GA, it truly was the edge of the frontier.

Figure 1
Oldest Known Letter From Tuscaloosa Alabama
(Alabama State Archives)

 

 

Prosser's widow Sarah contested the Will on March 23, 1823 for several reasons: 1) She claimed that he was not of sound mind and disposing memory; 2) That he had already disposed of some of the bequeathed property; 3) That he was heard to have said that he was not satisfied with the Will; and, 4) There was a great deal of property that he possessed at the time of his death that was not disposed of at all.  She sought to invalidate the Will.  Hugh Montgomery[3] was one of the Judges that heard the complaint.[4]

 

Sarah Horton died on March 15, 1834.  Some of the documents for her estate can be found at the Jackson County Historical Society archives.  Her maiden name is unknown.  Her son Prosser (Jr) and Elijah Oliver provided bond and Prosser (Jr) was the executor of her estate.  Buyers were Zachariah Eckridge, John Randolph, John Watts, Adam Williamson and Alexander D. Ethridge.  Payments were made to Wm. Cowan and Jacob Braselton.  Jacob Braselton appears to have been one of the appraisers. 

 



The Georgia Journal, May 13, 1823
(Georgia Historic Newspapers)

 

 



The Georgia Journal (Milledgeville), July 27, 1824
(Georgia Historic Newspapers)

 

 



Southern Recorder, June 5, 1830
(Georgia Historic Newspapers)

 



The Athenian, July 20, 1830
(Georgia Historic Newspapers)



 



The Athenian, February 1, 1831
(Georgia Historic Newspapers)

 



The Athenian, September 20, 1831
(Georgia Historic Newspapers)

 

 

 



The Athenian, January 3, 1832
(Georgia Historic Newspapers)

 

 



[1] The University of Alabama has a transcription written by Amos Warner dated in 1820 stating that it is the oldest letter from Tuscaloosa known to exist.  Amos was from Boston, Massachusetts.  See transcription above.

[2] There is a William Lane Duncan (War of 1812 soldier) that married Sarah Horton.  Sarah is said to be from Orange County, NC (son of Thomas).  William and Sarah were married in Elbert County, GA.

[3] Brother of James McConnell Montgomery – The James M. Montgomery of Fort Peachtree/Standing Peachtree near present day Atlanta.

[4] Faye Stone Poss, Jackson County, Georgia Will Abstracts, Books A & B, 1803-1888, (Wolfe Publishing)



(This page was updated on 10/6/2021)