Ages of his younger children don't agree with his will where they werew ere listed as minors.
Residences & events:
9/5/1850 Elbert, Elbert Co, GA. The census taker found a largefamily t here and recorded only initials: T Powel, 43, with wife N,33, and chi ldren, son N, 16; daughter, M, 14; son J, 11; daughter M,8; son W, 7; d aughters P, 5; M, 2; and M, 5m. All were born in GA.Tinsley and son N oah were farmers, Tinsley's farm was worth $1600.Two doors down was yo unger sister Louisa and Levi Galoway.
7/2/1860 Hartwell Dist, Hart Co, GA. The family may hot have movedas H art Co was carved from Elbert in 1853. By census time TinsleyPowell, 5 1, had lost his wife and remarried to a much younger woman,Mary,24, t he same age as Tinsley's children. Their large familyincluded: James W , 22, Wm J, 17, Louisa, 16, Martha A, 12, Nancy M,10, Patience, 5, Joh n T, 3, and Lindsey R, 9m. Tinsley was a farmerwith an estate valued a t $1884/700, James and William were farmhands. They lived between Tins ley's brother William and daughterMilly and James Dyar, down the road w as sister Louisa and LeviGalloway.
6/29/1870 Same place. Tinsley Powell was 64 by census time thatyear. H is large family included wife Mary, 32, Louisa J, 24,Patience, 15, Joh n S, 12, Linsey R, 10, Francis M, 7, Matthew T, 4,and Dicy E, 1. Tins ley was still a farmer but had pared his propertydown to $500/200, pro bably carving out land for children as theymarried. The county was fu ll of Powell siblings and other relatives.
State of Georgia:
Hart County
In the name of God, Amen
I, Tinsley Powell of the county and state aforesaid being of advanceda ge, but of sound and disposing mind and memory, deem it right andprope r that I should make an equal and just disposition of theproperty with w hich I have during my past life been blessed with. I,therefore, make t his my last Will and Testament hereby remaking andannulling all others b y me hertofore made.
FIRST I desire and direct that my body be buried in a decent andchrist ian like manner suitable to my circumstances and conditions inlife.
SECOND I desire and direct that all my just debts be paid as early asp ractical and also the legal expenses necessary in the establishmentand c arrying out the true intent of this my will by my executorsherein afte r named and appointed.
THIRD I give and bequeath to my oldest daughter, Sarah Ann Dyar, widowo f Elias Sanders Dyar and my oldest son, Noah T. Powell, to each ofthem t he sum of one dollar to be paid by said executors ou of myestate. I al so direct my executors turn over to my son, Noah T.Powell all the note s I hold against him which bear date before the1st day of April, 1865. A ll notes to be collected if possible for useof said estate.
FOURTH I give and bequeath to my daughters, Milly Dyar, wife of JamesD yar, Mary Steifle, wife of James Steifle, Louise J. Partain, wife ofJa mes Partain, Mary E. Vickery, wife of Eddy Vickery and NancyMatilda Cr ittendon, wife of William M. Crittendon, to each of themnamed in this i tem the sum of five dollars. These amounts named inthis and the third i tem I consider a sufficiency to equalize theabove named seven children w ith the amounts my younger children areto receive.
FIFTH I give, bequeath and desire to my daughter Patience, the sum ofo ne hundred dollars for sale and separate use free from allliabilities d uring her natural life and at her death to her livingissue, if none, t hen to pass to those named in item NINTH.
SIXTH I Give and bequeath and desire to my son, Matthew T. Powell, allt hat part of a tract of land known as the Quincy Black place lying onth e right of the road leading from Hartwell towards Parkers Store orMill s adjoining Hugh Mclane, J.P. Chambers and other with the rights,membe rs and appurtenances in manner belonging forever in fee simple.
SEVENTH I give, bequeath and desire to my sons, Lindsey R. Powell andF rancis M. Powell the remainder of the land of said Quincy Blackplace l ying on the left of public road leading from Hartwell towardsParkers S tore or Mills to be divided as near as equal a possible asto quantitie s and value by my executors with such assistance as theymay deem neces sary, with all the rights, members and appurtenances inany manner belo nging forever in fee simple.
EIGHTH I give, bequeath and desire to my son, John T. Powell and mydau ghter, Dicey Powell, each one half of the Harriet Sanders tractadjoini ng lands of Samuel B. Sanders, Nathanel Bowers and otherscontaining on e hundred acres more or less to be divided as near aspossible as to qu antity and value by members and appurtenances in anymanner belonging i n fee simple.
NINTH I bequeath and desire to my wife, Mary Powell, during hernatural l ife or widowhood of my home place whereas I now live,containing two hu ndred and thirty acres more or less. Also such stockof horses or mules , hogs, cattle, farming tools, household andkitchen furniture, and any o ther personal property that she mayselect for the sole use ofmy wife, M ary and our children, to wit:Patience Powell, Cynthia Powell and Powel l yet to be born. Theprofits, rents issues and increase of the above n amed property inthis item to be expended in the support, maintenance a nd edcuation ofour minor children to wit: JohnT., Lindsey R., Frances M ., Dicey,Cynthia, Patience and Mathew T. Powell, so long as they remai n inminority and remain under the control and protection of my wife, Mary, which is my desire they should do and I further desire that aseac h of the above named sons in this item arrives of age, they andeach of t hem are to be given a horse of their selection from thestock included i n this item and each daughter on arriving at majorityor marries is to r eceive one feather bed and one cow and calf oftheir own selection. Sho uld my said wife, Mary, either die or marry,I desier my executors to s ell all of the property mentioned in thisitem and be equally divided s hare and share alike between my wife,Mary, Cynthia Powell, Patience Po well, my two daughters and the oneyet to be born of said Mary, my wife . Should any or either of thelast named children die leaving no issue t hen I desire the last namedsurvivors to inherit his/her as their part e qually including my wife,Mary. The said last named seven children in th is item are not to bechargeable for any support maintenance or edcuati on but to be paidout ot the rents and profits of said property mention ed in this item,so long as they remain on said homstead.. After select ion by my theremaining property besold by my executors.
TENTH I hereby constitute and appoint my friends E. B. Benson and C.A. N abb Executors of this my last Will and Testament this January18th 1878 .
His
Tinsley X Powell
Mark
SIGNED SEALED AND DECLARED AND PUBLISHED BY TINSLEY POWELL AS HIS LASTW ILL AND TESTAMENT IN THE PRESENCE OF US THE UNDERSIGNED WHOSUBSCRIBE O UR NAMES HERETO IN THE PRESENCE OF SAID TESTATOR AT HISSPECIAL INSTANC E AND REQUEST AND IN THE PRESENCE OF EACH OTHER THISJANUARY 18TH 1878.
Allen S. Turner
J. R. Myers
D.C. Alford
(Hardly nine months passed when Tinsley Powell died. His baby daughterh ad not been born when he made his will. Some sources say she wasborn a fter he died. Other sources say her birth was in March of 1878.Tinsley d ied in September of 1878. The following year 1879, Noah T.Powell conte sted his fathers will::
We, the jury find this paper propounded to be the last will andtestame nt of Tinsley Powell------------E. Z. Maxwell, Tres.
C.A Nabb Prp & Exc of the will Appeal from court of Ordinary ofTinsley P owell, deceased in Hart Superior Court March vs. term 1879.
N. T, Powell et al Conservators
We, the jury in the above case having returned a verdict in said caset hat the propounded is the last will and testament of Tinsley Powell,de ceased. It is considered, ordered and adjudged by the court thatthe pa per in said case be transmitted to said court of Ordinary withdirectio ns that said will and testament be admitted to record andthat the cler k have leave to sign up judgement for the use ofofficers of court agai nst the Conservators.
E. H.____________
Judge Superior Court
GEORGIA I do solemnly swear that this writing contains the true lastwi ll and testament pf the writer named HART COUNTY Tinsley Powelldecease d so far as I know and believe that I will well and trulyexecute the s ame in accordance with the laws of the State so help meGod.
Sworn to Subscribed before me April 7th 1879 | C.A Nabb
T.C. Stephens
Ordinary
