John G. Wilhite

• Birth Notes
  • Born between 1760 and 1770.

• Death Notes
  • Died between Aug 1838 and Jan 1840.
    
    The will of John Wilhite married to Lucy Martin was written 10 Aug 1838, proved 6 Jan 1840 and recorded 11 Jan 1840 in Madison County, Georgia. This places the death of John Wilhite between Aug 1838 and Jan 1840.
    It instructs that his wife Lucy be Executrix along with sons John M, Jesse G, and William M Wilhite to be executors along with friend Berry M David.
    The will further instructs that his Executrix or Executors may dispose of property in private sales without the necessity of a public sale.
    If your Gabriel Grimes is the son of Polly Wilhite and William Grimes, then the transactions recorded in 1842 are most likely between cousins John Madison Wilhite (son of John Wilhite and Lucy Martin) and Gabriel Grimes (son of Polly Wilhite and William Grimes) and may represent his "settling" the estate. The will also states that all private sales "to be principally governed by my wife Lucy, direction not to sell what she wishes to be kept for use of the farm or family." I guess this implies that she had to approve of this sale between cousins.
    At the time John Wilhite wrote the will, he had 2 plantations. One of 680 acres in Jackson County on Parks Creek, another where he lived of 700 acres in Madison County on the North Broad River. His will directs that his wife Lucy choose which plantation she will live on. The 1830 Madison County census lists 26 slaves in the household of John Wilhite. Lucy must have chosen to continue to live on the Madison County plantation as she is listed as head of household in the 1840 Madison County census with 33 slaves.
    John Wilhite's will also lists land in Telfair, Baker and Cherokee County totalling almost 600 more acres.
    

• General Notes
  • Moved to Elbert (now Madison) County, Georgia.
    
    Set forth below is my own transcription of the will of John Wilhite of Madison County, Georgia. Note that John's widow Lucy Martin Wilhite remarried to Martin Deadwyler (a nephew-in-law of John's) and that John's son William (an executor of the estate, my ancestor, who had moved to Jackson County, Georgia) and son-in-law James Ware (husband of Jane) sued the other executors alleging mismanagement of the estate:
    
    “In the name of God Amen — I, John Wilhite of the County of Madison and State of Georgia being weak and feeble in body but of sound and disposing mind and memory, blessed be God, do make, ordain and publish this my last will and Testament in the manner and form following (viz) —
                  First — It is my will and desire that after my death all my just debts and funeral expenses be paid—
                  Second — And whereas I am now possessed of several tracts of land (to wit) One tract in Madison County in said state on North Broad River whereon I now reside containing seven hundred acres more or less. One tract in Jackson County on the waters of Parks Creek containing six hundred and eighty acres more or less. One Lot number three hundred and ninety in the Eighth District of originally Wilkinson but now Telfair County containing two hundred two and half acres. One lot number Three hundred and fifty in the second District of originally Early now Baker County containing two hundred and fifty acres. One Lot number one hundred and forty seven in the thirteenth District at the time of survey in Cherokee County containing Forty acres and divers personal property as Negroes, Carriage, waggons, carts, Stock, plantation tools, Household and Kitchen Furniture, &c &c —
                  Third — And whereas I have heretofore loaned to my eldest daughter Lucy P. Wilhite now deceased, who intermarried with Meshack T. Wilhite certain property (to wit) One Negro woman named Rachel, one Negro Girl named Mary and one Negro Girl named Martha together with Lands, Rents and other property of value which said property so Loaned was intended by me to be for the use of my said daughter during her natural life and at her death to go to and become the property of the lawful heirs of her body and my said Daughter Lucy P. Wilhite having departed this Life having Children, it is my will and desire that the Children of my said Daughter Lucy P. Wilhite deceased (to wit) Susan, Jane, Philip and Elizabeth Wilhite should now have and enjoy the property so loaned by me to their Mother to be equally divided between them share and share alike, which together with fifty dollars worth of Property which I hereby direct my Executors hereinafter named to give to each of my said Grand Children whenever they shall respectively marry of become of age, which is all the share or interest they are to have in my Estate, deeming the portion so advanced to be equal or greater than a proportionate share.
                  Fourth — My will and desire further is that after my death my beloved wife Lucy Wilhite shall have the privilege of choosing or selecting either my plantation in Madison County or the one in Jackson County for the then future residence of herself and family which Tract of Land so chosen or selected I will and and desire shall be and remain in the possession of my wife Lucy Wilhite together with all my Negroes and other property during the Life or widowhood of my said Wife Lucy with the expectation and for the uses hereinafter expressed —
                  Fifth — The plantation and property above directed to remain in the care and possession of my wife Lucy for the comfortable support of herself, the raising, maintenance and education of my younger children as they shall respectively Marry or become of age as hereinafter named and for the raising and educating of my three youngest sons no charge or deduction out of their parts is to be made for the same —
                  Sixth — My will and desire is that when any one of my Children shall marry or become of age they shall be allowed to receive one Negro to be taken from the following list (to wit) Sarah, Tiller, Jenny, Dilcy or Lucy or such other Negro of like quality as shall be agreed on by such child and my wife Lucy or such other persons as shall then have the care of my Estate, such Child also to receive one negro child of the age of two or three years to be pointed out by my wife and also one good Feather Bed and furniture – the negroes and bed to be valued and a receipt given by such child as so much received of their share as a final division —
                  Seventh — It is my will and desire that my Sons have and enjoy all of my Lands to be equally divided between them and my Executors hereinafter named are hereby authorized to sale and dispose of all or any part thereof (except the tract which my wife shall select) whenever they may think the most advantageous for all concerned. Should all or any part of Lands be sold before all my sons become of age the share of such as are under age to be loaned out for the benefit of such son or sons untill they become of age.
                  Eighth — My will and desire is that my two daughters Elizabeth Jane Wilhite and Martha Pope Wilhite in lieu of any shares in my Lands shall each receive a small Negro at the age of two or three years at a final division of my Estate.
                  Ninth — I have loaned to my son Turner M. Wilhite the following Negroes (to wit) Letty, Savan and Jack. I hereby appoint my wife Lucy Wilhite as my sons John M. Wilhite and Jesse G. Wilhite Trustees to take care of and manage the property that I have to their care for the comfort and support of my son Turner M. and his children — at my death I desire that the trustees above named shall take into their possession the Negroes above named and with all their future increase and whatever money from time to time may be raised from the sale of Land or other property falling to his share from my Estate the said Trustees to have full and complete authority over it and hire and loan out the same and from time to time appropriate such part thereof as they shall see necessary for the support of the said Turner M. and his family during his life. At the death of the said Turner M. Wilhite whatever may remain in the hands of the said Trustees as the share of the said Turner M. out of my Estate then to be equally divided among the Lawful begotten children of the said Turner M. Wilhite — the Negroes above named to be all the share which the said Turner M. as the Trustees above named on his account are to have in my Negro property —
                  Tenth — If my wife Lucy should marry again before my children are all of age and a division taken place, I will that she have a child’s part of my Estate during her Life (my personal Estate) and at her death to be equally divided amongst all my children or their heirs and she to have her Dower in that Tract of Land which she may have before chosen for her residence —
                  Eleventh — In case of the death or marriage of my wife before all the Children become of age then my other Executors to take my Estate out of her hands and manage untill all my children become of age and a final division is made and in case my wife should not marry again at a final division she is to have a share equal to a child’s part —
                  Twelfth — I direct that as my three youngest sons grow up they each have given them out of my Estate one common good horse saddle and bridle without any charge being made against them as my eldest Boys have already had the same —
                  Thirteenth — The standard of valuation to be put on property of my Estate as the Children shall receive it is to be uniform. Those Children receiving their portion last not to be charged higher or lower for property of like quality than the first —
                  Fourteenth — I desire that what ever money is made from the crops yearly or sale of property over what is necessary for the support of the family and education of the Children should be kept out at interest so that my youngest children may receive their full share of what money and interest my Estate may gain--
                  Fifteenth — Whenever more stock shall accumulate on the plantation than is necessary or it should be desired to sell carriage waggons or other implements or Furniture or surplus crops it is my desire that the same may be without the necessity of a public sale, but my Executrix and Executors may dispose of the same privately in such sales to be principally governed by my wife Lucy’s direction not to sell what she wishes to be kept for the use of the farm or Family —
                  Sixteenth — I hereby nominate my Loving Wife Lucy Wilhite Executrix, my sons John M. Wilhite, Jesse G. Wilhite and William M. Wilhite and my Friend Berry M. David Executors to this my last will and testament, and request that my sons will aid and assist their Mother in managing and settling up my Estate without making any charge for the same, and that my friend Berry M. David be allowed a reasonable compensation for all his care and trouble in the same —
                  Seventeenth — I desire that my Wife Lucy keep my Negro man Coleman and my Negro Woman Polly in the stock of Negros untill a final division and then take them at a fair valuation as a part of her share in my negro property ---
                  Eighteenth --- Finally I hereby revoke and set aside and declare null and void all former wills and testaments by me made.
                  In testimony whereof I hereunto set my hand and seal this tenth day of August 1838.       John Wilhite (Seal)”
    ---- Above compiled by Jeff Narvil (Wilhite Family Genealogy Forum)
    
    Married Lucy Martin on 29 December 1808 in Oglethorpe County, GA.