Transcript
I, Zephaniah Kingsley of Duval County, East Florida, Planter, being of sound mind, memory and understanding, do make and publish this my last will and testament as follows, viz: First~ I will and devise that all my just and lawful, funeral and testamentary changes, and expenses shall be fully paid and discharged, as soon as may be after my death.Secondly~ To my nephew Kingsley B. Gibbs I will and devise one half of my two thousand acre tract of lands in the Twelve Mile Swamp which when di- vided into two parts will give one
thousand acres of land for his one half be the same more or less, to him his heirs or assign: I also bequeath to him in fee my Schooner North Carolina with all its appointments, likewise my books and arms not otherwise dis- posed of:Third~ To my nephew George Cooper Gibbs I will and bequeath in fee simple, abso- lute all the remaining one half of the aforementioned two thousand acre tract in twelve mile swamp, which will be one thousand acres be the same more or less.Fourthly~ To my nephew Charles J. McNeil I will and bequeath in fee simple abso- lute, a certain tract or parcel of Lands situate on Beauclerc's Bluff, between Cohen & Curry containing sixty-two and one half acres of Land be the same more or less; Also my three hundred acre tract situate at the head of six mile creek (Saw Mill Creek) flat also my negro woman Betsey and Peggy the daughter of Nancy and all their children and issue: Also one of my horse saddles & c. at his choice all the above to him in fee & to his heirs & c.
Fifth~ To George Kingsley my son by Anna Madgigaine Jai Kingsley I will and bequeath all my nautical in- struments including maps, charts, &c. to be sent out to him at Hayti by way of New York or otherwise clear of expense to him.Sixth~ It is my will and desire, that as soon after my decease as is con- venient to my Executors, that all the specific legacies and devises afore- said shall be separately set-apart-and reserved, by my Executors for the special purpose aforesaid and that all the remaining part of my property real and personal, including what sums may be received from Government in compensation of losses in 1812 or 13, or since of what-nature or kind soever after the payment of my just debts: Shall by my Executors, or their assigns, be sold or converted into money, and the net amount be divided in twelve equal parts or shares (12 parts) or shares, one of which part shall be paid to my nephew Kingsley B. Gibbs in full compensation for all claims that he may have or devise against my Estate. One part
(say 1/12th) shall be paid to Anna Madegine Jai Kingsley or to her heirs or assigns. Two parts (2) to John Maxwell Kingsley, my son by Anna M. Jai. Four parts (4) to be paid to George Kingsley my son to Anna M Jai. Two parts (2) to be paid to Flora H. Kingsley her heirs or assigns. One(1.) part to be paid to Micanopy the son of Sarah M. Kingsley, should he live until the years of discretion. All the foregoing legacies and bequests in this will are granted in fee simple absolute on consideration that no fur- ther claim or action at law shall be instituted or suggested by any of the parties against my Estate except the usual lawful changes and commissions.Seventh~ I do hereby declare that it is and shall be lawful, for my executors to retain in their hands sufficient money of the proceeds of my estate, to defray all necessary charges and expenses in the Admin- istration thereof before paying over the surplus as aforesaid.Eighth~ I do hereby order and direct that whenever I may happen to die,
that my body may be buried in the nearest, most convenient place without any Religious Ceremony whatever, and that it may be ex- cused from the usual indiscreet formalities and parade of washing, dressing & c. or exposure in any way but remains just as it died to the common burying Ground.Ninth~ Should I leave any Slaves, I earnestly recommend to my Executors not to separate the families by selling them individually with- out their consent, if to be avoided.Tenth~ It is my will and I do herby authorize my Executors not to separate the families but to allow to any of my slaves the privilege of purchasing their freedom at one half the price of their valuation, on consideration of their migrating to Hayti, if they cannot be al- lowed to stay as free in this territory.Eleventh~ I do hereby appoint Kingsley B. Gibbs, George Kingsley and Benjamin A. Putnam as guardians to my infant natural children, amongst which I acknowledge all those of Flora H. Kingsley
of Camp New Hope, also Sarah Murphy's mulatto child Micanopy now in Hayti. I do also solemnly enjoin my colored and natural children, that seeing the illiberal and inequitable laws of this territory will not afford to them and to their children that protection and justice, which is due in civilized society to every human being: Always to keep by them a Will, ready made and legally executed, directing the disposal of their property, after their death until they can remove themselves and properties to some land of liberty and equal rights, where the conditions of society are governed by some law less absurd than that of color. This I strongly recommend, nor do I know in what light the law may consider my acknowledged wife Ann Madgigene Jai, as our connubial relation took place in a foreign land, where our marriage was celebrated and solemnizes by her native African custom altho never celebrated according to the
forms of Christian usage: Yet she has always been respected as my wife and as such I acknowledge her nor do I think that her truth, honor, integrity, moral conduct or good sense will loose in comparison with any one.Thirteenth~ Lastly I do hereby nominate and appoint Kingsley B. Gibbs and Benjamin A. Putnam of Florida and George Kingsley the son of my wife, Anna Madgigene Jai, to be Executors of this my last will and testament, to whom I earnestly recommend the closing of the concerns of by estate & c. as ex- peditiously as possible, and to see that my intentions in regard to the disposition of my Estate are, and shall be strictly complied with, for the better promotion of which from pur- pose I do appoint my trusty friend Benjamin A. Putnam to act as legal attorney and advisor in all matters and things relating to the interest of my Estate, with a fee to be paid to him by it of one thousand dollars; And I do hereby revoke all other wills by me henceforth
made:In witness I, the said Zephaniah Kingsley, the testator, have to this my last will and testament con- tained in this sheet of paper set my hand and seal this twentieth day of July in the year one thousand eight hundred and forty three (July 1843).Zephaniah Kingsley Seal ,Signed sealed published and declared by the said Zephaniah Kingsley as and for his last will and testament in the presence of us who have at his request hereunto subscribed our names as witnesses thereto in the presence of the said testator and of each other at Jacksonville 20 July 1843.Thomas O. Holmes William S. Donaldson David McCuen
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